FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. TITLE AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Reduce Unnecessary Spending Act of 2010''. (b) Purpose.--This Act creates an optional fast-track procedure the President may use when submitting rescission requests, which would lead to an up-or-down vote by Congress on the President's package of rescissions, without amendment. SEC. 2. RESCISSIONS OF FUNDING. (a) In General.--Part C of the Impoundment Control Act of 1974 is amended to read as follows: ``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS ``SEC. 1021. APPLICABILITY AND DISCLAIMER. ``The rules, procedures, requirements, and definitions in this part apply only to executive and legislative actions explicitly taken under this part. They do not apply to actions taken under part B or to other executive and legislative actions not taken under this part. ``SEC. 1022. DEFINITIONS. ``As used in this part-- ``(1) the terms `appropriation Act', `budget authority', and `new budget authority' have the same meanings as in section 3 of the Congressional Budget Act of 1974; ``(2) the terms `account', `current year', `CBO', and `OMB' have the same meanings as in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 as in effect on September 30, 2002; ``(3) the term `days of session' shall be calculated by excluding weekends and national holidays; and any day during which a chamber of Congress is not in session shall not be counted as a day of session of that chamber; and any day during which neither chamber is in session shall not be counted as a day of session of Congress; ``(4) the term `entitlement law' means the statutory mandate or requirement of the United States to incur a financial obligation unless that obligation is explicitly conditioned on the appropriation in subsequent legislation of sufficient funds for that purpose, and the Supplemental Nutrition Assistance Program; ``(5) the term `funding' refers to new budget authority and obligation limits except to the extent that the funding is provided for entitlement law; ``(6) the term `rescind' means to eliminate or reduce the amount of enacted funding; and ``(7) the terms `withhold' and `withholding' apply to any executive action or inaction that precludes the obligation of funding at a time when it would otherwise have been available to an agency for obligation; and the term does not include administrative or preparatory actions undertaken prior to obligation in the normal course of implementing budget laws. ``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS. ``(a) Timing.--Whenever the President proposes that Congress rescind funding under the procedures in this part, OMB shall transmit a message to Congress containing the information specified in section 1024, and the message transmitting the proposal shall be sent to Congress no later than 45 days of session of Congress after the date of enactment of the funding. ``(b) Packaging and Transmittal of Requested Rescissions.--Except as provided in subsection (c), for each piece of legislation that provides funding, the President shall request at most one package of rescissions and the rescissions in that package shall apply only to funding contained in that legislation. OMB shall deliver each message requesting a package of rescissions to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session. OMB shall make a copy of the transmittal message publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. ``(c) Special Packaging Rules.--After enactment of-- ``(1) a joint resolution making continuing appropriations; ``(2) a supplemental appropriation bill; or ``(3) an omnibus appropriation bill, covering some or all of the activities customarily funded in more than one regular appropriation bill, the President may propose as many as two packages rescinding funding contained in that legislation, each within the 45-day period specified in subsection (a). OMB shall not include the same rescission in both packages, and, if the President requests the rescission of more than one discrete amount of funding under the jurisdiction of a single subcommittee, OMB shall include each of those discrete amounts in the same package. ``SEC. 1024. REQUESTS TO RESCIND FUNDING. ``For each request to rescind funding, the transmittal message shall specify-- ``(1) the dollar amount to be rescinded; ``(2) the agency, bureau, and account from which the rescission shall occur; ``(3) the program, project, or activity within the account (if applicable) from which the rescission shall occur; ``(4) the amount of funding, if any, that would remain for the account, program, project, or activity if the rescission request is enacted; and ``(5) the reasons the President requests the rescission. In addition, OMB shall designate each separate rescission request by number and shall include proposed legislative language to accomplish the requested rescission. The proposed legislative language shall not include any changes in existing law other than the rescission of funding, and shall not include any supplemental appropriations, transfers, or reprogrammings. ``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY. ``(a) Presidential Authority To Withhold Funding.--If the President proposes a rescission of funding under this part, then notwithstanding any other provision of law, OMB is hereby authorized, subject to the time limits of subsection (c), to temporarily withhold that funding from obligation. ``(b) Expedited Procedures Available Only Once Per Bill.--The President may not invoke the procedures of this part, or the authority to withhold funding granted by subsection (a), on more than one occasion for any Act providing funding. ``(c) Time Limits.--OMB shall make available for obligation any funding withheld under subsection (a) on the earliest of-- ``(1) the day on which the President determines that the continued withholding or reduction no longer advances the purpose of legislative consideration of the rescission request; ``(2) starting from the day on which OMB transmitted a message to Congress requesting the rescission of funding, 25 calendar days in which the House of Representatives has been in session or 25 calendar days in which the Senate has been in session, whichever occurs second; or ``(3) the last day after which the obligation of the funding in question can no longer be fully accomplished in a prudent manner before its expiration. ``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS. ``(a) Preparation of Legislation To Consider a Package of Expedited Rescission Requests.--When the House of Representatives receives a package of expedited rescission requests, the Clerk shall prepare a House bill that only rescinds the amounts requested. The bill shall read as follows: ```There is hereby enacted the rescissions numbered [insert number or numbers] as set forth in the Presidential message of [insert date] transmitted under part C of the Impoundment Control Act of 1974 as amended.'. The Clerk shall include in the bill each numbered rescission request listed in the Presidential package in question, except that the Clerk shall omit a numbered rescission request if the Chairman of the House Budget Committee, after consulting with the Senate Budget Committee, CBO, GAO, and the House and Senate committees that have jurisdiction over the funding, determines that the numbered rescission does not refer to funding or includes matter not permitted under a request to rescind funding. ``(b) Introduction and Referral of Legislation To Enact a Package of Expedited Rescissions.--The majority leader or the minority leader of the House of Representatives, or a designee, shall (by request) introduce each bill prepared under subsection (a) not later than 4 days of session of the House after its transmittal, or, if no such bill is introduced within that period, any member of the House may introduce the required bill in the required form on the fifth or sixth day of session of the House after its transmittal. When such an expedited rescission bill is introduced in accordance with the prior sentence, it shall be referred to the House committee of jurisdiction. A copy of the introduced House bill shall be transmitted to the Secretary of the Senate, who shall provide it to the Senate committee of jurisdiction. ``(c) House Report and Consideration of Legislation To Enact a Package of Expedited Rescissions.--The House committee of jurisdiction shall report without amendment the bill referred to it under subsection (b) not more than 5 days of session of the House after the referral. The Committee may order the bill reported favorably, unfavorably, or without recommendation. If the Committee has not reported the bill by the end of the 5-day period, the Committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. ``(d) House Motion To Proceed.--After a bill to enact an expedited rescission package has been reported or the committee of jurisdiction has been discharged under subsection (c), it shall be in order to move to proceed to consider the bill in the House. A Member who wishes to move to proceed to consideration of the bill must announce that fact, and the motion to proceed shall be in order only during a time designated by the Speaker within the legislative schedule for the next calendar day of legislative session or the one immediately following it. If the Speaker does not designate such a time, then 3 or more calendar days of legislative session after the bill has been reported or discharged, it shall be in order for any Member to move to proceed to consider the bill. A motion to proceed shall not be in order after the House has disposed of a prior motion to proceed with respect to that package of expedited rescissions. The previous question shall be considered as ordered on the motion to proceed, without intervening motion. A motion to reconsider the vote by which the motion to proceed has been disposed of shall not be in order. If 5 calendar days of legislative session have passed since the bill was reported or discharged under this subsection and no Member has made a motion to proceed, the bill shall be removed from the calendar. ``(e) House Consideration.--A bill consisting of a package of rescissions shall be considered as read. All points of order against the bill are waived, except that a point of order may be made that one or more numbered rescissions included in the bill would enact language containing matter not requested by the President or not permitted under this Act as part of that package. If the Presiding Officer sustains such a point of order, the numbered rescission or rescissions that would enact such language are deemed to be automatically stripped from the bill and consideration proceeds on the bill as modified. The previous question shall be considered as ordered on the bill to its passage without intervening motion, except that 4 hours of debate equally divided and controlled by a proponent and an opponent are allowed, as well as one motion to further limit debate on the bill. A motion to reconsider the vote on passage of the bill shall not be in order. ``(f) Senate Consideration.--If the House of Representatives approves a House bill enacting a package of rescissions, that bill as passed by the House shall be sent to the Senate and referred to the Senate committee of jurisdiction. That committee shall report without amendment the bill referred to it under this subsection not later than 3 days of session of the Senate after the referral. The committee may order the bill reported favorably, unfavorably, or without recommendation. If the committee has not reported the bill by the end of the 3-day period, the committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. On the following day and for 3 subsequent calendar days in which the Senate is in session, it shall be in order for any Senator to move to proceed to consider the bill in the Senate. Upon such a motion being made, it shall be deemed to have been agreed to and the motion to reconsider shall be deemed to have been laid on the table. Debate on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours, equally divided and controlled in the usual form. Debate in the Senate on any debatable motion or appeal in connection with such a bill shall be limited to not more than 1 hour, to be equally divided and controlled in the usual form. A motion to further limit debate on such a bill is not debatable. A motion to amend such a bill or strike a provision from it is not in order. A motion to recommit such a bill is not in order. ``(g) Senate Point of Order.--It shall not be in order for the Senate to employ the procedures in this part while considering a bill approved by the House enacting a package of rescissions under this part if any numbered rescission in the bill would enact matter not requested by the President or not permitted under this Act as part of that package. If a point of order under this section is sustained, consideration of the bill shall no longer be governed by subsection (f); instead, consideration shall be governed by the Standing Rules of the Senate and any other rules applicable to Senate consideration of legislation.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking the items relating to part C of title 10 and inserting the following new items: ``Part C--Expedited Consideration of Proposed Rescissions ``Sec. 1021. Applicability and disclaimer. ``Sec. 1022. Definitions. ``Sec. 1023. Timing and packaging of rescission requests. ``Sec. 1024. Requests to rescind funding. ``Sec. 1025. Grants of and limitations on presidential authority. ``Sec. 1026. Congressional consideration of rescission requests.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Temporary Withholding.--In section 1013(c) of the Impoundment Control Act of 1974, strike ``section 1012.'' and insert ``section 1012 or section 1025.'' (b) Rulemaking.--Section 904(a) of the Congressional Budget Act of 1974 is amended by striking ``and 1017'' and inserting ``1017, and 1026'' and section 904(d)(1) is amended by striking ``or section 1017'' and inserting ``or section 1017 or 1026''. SEC. 4. EXPIRATION. Part C of the Impoundment Control Act of 1974 (as amended by this Act) shall expire on December 31, 2014. SEC. 5. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT. Immediately after section 1001 of the Impoundment Control Act of 1974, insert the following: ``SEC. 1002. RESCINDED FUNDS. ``If budget authority is rescinded under part B or funding is rescinded under part C, the amount so rescinded shall revert to the fund whence it came (general fund, trust fund, special fund, revolving fund, and so on as applicable), except to the extent legislation specifies otherwise. ``SEC. 1003. SEVERABILITY. ``If the judicial branch of the United States finally determines that one or more of the provisions of parts B or C violate the Constitution of the United States, the remaining provisions of those parts shall continue in effect.''.

Reduce Unnecessary Spending Act of 2010 - Amends the Impoundment Control Act of 1974 (ICA) to require the Office of Management and Budget (OMB) to transmit, within 45 days of a congressional session after the enactment of the funding in question, a message to Congress with specified information requesting any rescission the President proposes under the procedures in this Act. Prescribes requirements for timing and packaging of rescission requests. Authorizes OMB, subject to a specified time limit, to withhold funding from obligation temporarily if the President proposes a rescission. Prohibits the President from invoking such expedited procedures or such authority to withhold funding on more than one occasion for any Act providing funding. Sets forth procedures for expedited congressional consideration of proposed rescissions. States that, if budget authority or funding is rescinded under the ICA, the amount so rescinded shall revert to the fund whence it came (general fund, trust fund, special fund, revolving fund, and so on as applicable), except to the extent legislation specifies otherwise.

To provide an optional fast-track procedure the President may use when submitting rescission requests, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment Adviser Examination Improvement Act of 2012''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that the Securities and Exchange Commission should increase the number and frequency of examinations of investment advisers. SEC. 3. INSPECTION AND EXAMINATION FEES. Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b- 4) is amended by adding at the end the following new subsection ``(e) Inspection and Examination Fees.-- ``(1) In general.--The Commission shall collect an annual fee from investment advisers that are subject to inspection or examination by the Commission under this title to defray the cost of such inspections and examinations. ``(2) Exemptions for certain state-regulated investment advisers.--No fees shall be collected under this subsection from any investment adviser that is prohibited from registering with the Commission under section 203 by reason of section 203A. ``(3) Fee amounts.-- ``(A) Amount to be collected.-- ``(i) In general.--The Commission shall seek to ensure that the aggregate amount of fees collected under this subsection with respect to a specific fiscal year are equal to the estimated cost of the Commission in carrying out additional inspections and examinations for such fiscal year. ``(ii) Additional inspections and examinations defined.--For purposes of this subparagraph and with respect to a fiscal year, the term `additional inspections and examinations' means those inspections and examinations of investment advisers under this title for such fiscal year that exceed the number of inspections and examinations of investment advisers under this title conducted during fiscal year 2011. ``(B) Fee calculation formula.--The Commission shall establish by rulemaking a formula for determining the fee amount to be assessed against individual investment advisers, which shall take into account the following factors: ``(i) The anticipated costs of conducting inspections and examinations of investment advisers under this title, including the anticipated frequency of such inspections and examinations. ``(ii) The investment adviser's size, including the assets under management of the investment adviser (excluding any assets under management attributable to any of the adviser's clients that are a registered investment company). ``(iii) The number and type of clients of the investment adviser. ``(iv) Such other objective factors, such as risk characteristics, as the Commission determines to be appropriate. ``(C) Adjustment of formula.--Prior to the end of each fiscal year, the Commission shall review the fee calculation formula and, if, after allowing for a period of public comment, the Commission determines that the formula needs to be revised, the Commission shall revise such formula before fees are assessed for the following fiscal year. ``(4) Public disclosures.--The Commission shall make the following information publicly available, including on the Web site of the Commission: ``(A) The formula used to determine the fee amount to be assessed against individual investment advisers, and any adjustment made to such formula. ``(B) The factors used to determine such formula, including any additional objective factors used by the Commission pursuant to paragraph (3)(B)(iv). ``(5) Audit.-- ``(A) In general.--The Comptroller General of the United States shall, every 2 years, conduct an audit of the use of the fees collected by the Commission under this subsection, the reviews of the formula used to calculate such fees, and any adjustments made by the Commission to such formula. ``(B) Report.--After conducting each audit required under subparagraph (A), the Comptroller General shall issue a report on such audit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(6) Treatment of fees.-- ``(A) In general.--Funds derived from fees assessed under this subsection shall be available to the Commission, without further appropriation or fiscal year limitation, to pay any costs associated with inspecting and examining investment advisers that are subject to inspection and examination under this title. ``(B) Funds not public funds.--Funds derived from fees assessed under this subsection shall not be construed to be Government or public funds or appropriated money. Notwithstanding any other provision of law, funds derived from fees assessed under this subsection shall not be subject to apportionment for the purpose of chapter 15 of title 31, United States Code, or under any other authority. ``(C) Funds supplemental to other amounts.--Funds derived from fees assessed under this subsection shall supplement, and be in addition to, any other amounts available to the Commission, under a regular appropriation or otherwise, for the purpose described in subparagraph (A).''.

Investment Adviser Examination Improvement Act of 2012 - Declares the sense of Congress that the Securities and Exchange Commission (SEC) should increase the number and frequency of examinations of investment advisers. Amends the Investment Advisers Act of 1940 to direct the SEC to collect an annual fee from investment advisers subject to SEC inspection or examination to defray the cost of such inspections and examinations. Exempts certain state-regulated investment advisers from the requirement to pay an annual fee. Prescribes a fee calculation formula. Requires the SEC to make the formula publicly available on its website along with the factors used to reach the fee determination. Requires the Comptroller General to audit biennially the use of such fees, SEC reviews of the fee formula, and any adjustments to it. Makes such fees available to the SEC, without further appropriation or fiscal year limitation, to pay costs associated with inspecting and examining investment advisers.

To amend the Investment Advisers Act of 1940 to require certain investment advisers to pay fees to help cover the costs of inspecting and examining investment advisers under such Act.

SECTION 1. PARENTS AS TEACHERS PROGRAMS. Title IV of the Elementary and Secondary Education Act of 1965 is amended by inserting at the end the following new part: ``Part G--Parents as Teachers ``SEC. 4701. SHORT TITLE. ``This part may be cited as the `Parents as Teachers: the Family Involvement in Education Act of 1993'. ``SEC. 4702. FINDINGS. ``The Congress finds-- ``(1) increased parental involvement in the education of their children appears to be the key to long-term gains for youngsters; ``(2) providing seed money is an appropriate role for the Federal Government to play in education; ``(3) children participating in the parents as teachers program in Missouri are found to have increased cognitive or intellectual skills, language ability, social skills and other predictors of school success; ``(4) most early childhood programs begin at age 3 or 4 when remediation may already be necessary; and ``(5) many children receive no health screening between birth and the time they enter school, thus such children miss the opportunity of having developmental delays detected early. ``SEC. 4703. STATEMENT OF PURPOSE. ``It is the purpose of this part to encourage States to develop and expand parent and early childhood education programs in an effort to-- ``(1) increase parents' knowledge of and confidence in child-rearing activities, such as teaching and nurturing their young children; ``(2) strengthen partnerships between parents and schools; and ``(3) enhance the developmental progress of participating children. ``SEC. 4704. DEFINITIONS. ``For the purposes of this part-- ``(1) the term `developmental screening' means the process of measuring the progress of children to determine if there are problems or potential problems or advanced abilities in the areas of understanding and use of language, perception through sight, perception through hearing, motor development and hand- eye coordination, health, and physical development; ``(2) the term `eligible family' means any parent with one or more children between birth and 3 years of age, or any parent expecting a child; ``(3) the term `lead agency' means the office or agency in a State designated by the Governor to administer the parents as teachers program authorized by this part; ``(4) the term `parent education' includes parent support activities, the provision of resource materials on child development and parent-child learning activities, private and group educational guidance, individual and group learning experiences for the parent and child, and other activities that enable the parent to improve learning in the home; ``(5) the term `parent educator' means a person hired by the lead agency of a State or designated by local entities who administers group meetings, home visits and developmental screening for eligible families, and is trained by the Parents As Teachers National Center established under section 4708; and ``(6) the term `Secretary' means the Secretary of Education. ``SEC. 4705. PROGRAM ESTABLISHED. ``(a) In General.-- ``(1) The Secretary is authorized to make grants to States to pay the Federal share of the cost of establishing, expanding, and operating parents as teachers programs. ``(2) In awarding grants under paragraph (1), the Secretary shall give special consideration to applicants whose programs primarily serve hard-to-serve populations, including-- ``(A) teenaged parents, ``(B) illiterate parents, ``(C) economically disadvantaged parents, ``(D) offenders and their families, ``(E) unemployed parents, ``(F) learning disabled parents, and ``(G) non-English speaking parents. ``(3) In determining the amount of a grant under paragraph (1), the Secretary shall take into consideration the size of the population to be served, the size of the area to be served, and the financial resources of such population and area. ``(b) Special Rule.--Any State operating a parents as teachers program which is associated with the Parents As Teachers National Center located in St. Louis, Missouri, shall be eligible to receive a grant under this part. ``SEC. 4706. PROGRAM REQUIREMENTS. ``(a) In General.--(1) Each State receiving a grant under section 4705(a) shall conduct a parents as teachers program which-- ``(A) establishes and operates parent education programs including programs of developmental screening of children; and ``(B) designates a lead State agency which shall-- ``(i) hire parent educators who have had supervised experience in the care and education of children; ``(ii) establish the number of group meetings and home visits required to be provided each year for each participating family, with a minimum of 4 group meetings and 8 home visits for each participating family; ``(iii) be responsible for administering the periodic screening of participating children's educational, hearing and visual development, using the Denver Developmental Test, Zimmerman Preschool Language Scale, or other approved screening instruments; and ``(iv) develop recruitment and retention programs for hard-to-reach populations. ``(2) Grants awarded section 4705(a) shall only be used for parents as teachers programs which serve families during the period of time beginning with the last 3 months of a mother's pregnancy and ending when a child attains the age of 3. ``SEC. 4707. PARENTS AS TEACHERS NATIONAL CENTER. ``The Secretary shall establish a Parents As Teachers National Center to disseminate information to, and provide technical and training assistance to, States establishing and operating parents as teachers programs. ``SEC. 4708. EVALUATIONS. ``The Secretary shall complete an evaluation of the State parents as teachers programs within 4 years from the date of enactment of this part. ``SEC. 4709. APPLICATION. ``Each State desiring a grant under section 4705(a) shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may reasonably require. Each such application shall describe the activities and services for which assistance is sought. ``SEC. 4710. PAYMENTS AND FEDERAL SHARE. ``(a) Payments.--The Secretary shall pay to each State having an application approved under section 4709 the Federal share of the cost of the activities described in the application. ``(b) Federal Share.--(1) The Federal share-- ``(A) for the first year for which a State receives assistance under this part shall be 100 percent; ``(B) for the second such year shall be 100 percent; ``(C) for the third such year shall be 75 percent; ``(D) for the fourth such year shall be 50 percent; and ``(E) for the fifth such year 25 percent. ``(2) The non-Federal share of payments under this part may be in cash or in kind fairly evaluated, including planned equipment or services. ``SEC. 4711. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $20,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, and 1997 to carry out this Act.''.

Parents as Teachers: the Family Involvement in Education Act of 1993 - Authorizes the Secretary of Education to make grants to States for parents as teachers programs, with special consideration for hard-to-serve populations. Makes eligible for such a grant any State which operates a parents as teachers program associated with the Parents as Teachers National Center in Missouri. Sets forth program requirements, limiting services to families during the period from the last three months of a mother's pregnancy to the child's attaining age three. Directs the Secretary to: (1) establish a Parents as Teachers National Center for information dissemination and technical and training assistance for States with such programs; and (2) evaluate such programs within four years. Authorizes appropriations.

Parents as Teachers: the Family Involvement in Education Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Child Welfare Act Amendments of 1999''. SEC. 2. EXCLUSIVE JURISDICTION. Section 101(a) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1911(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by striking the last sentence and inserting the following: ``(2) An Indian tribe shall retain exclusive jurisdiction over any child custody proceeding that involves an Indian child, notwithstanding any subsequent change in the residence or domicile of the Indian child, in any case in which the Indian child-- ``(A) resides or is domiciled within the reservation of that Indian tribe and is made a ward of a tribal court of that Indian tribe; or ``(B) after a transfer of jurisdiction is carried out under subsection (b), becomes a ward of a tribal court of that Indian tribe.''. SEC. 3. INTERVENTION IN STATE COURT PROCEEDINGS. Section 101(c) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1911(c)) is amended by striking ``In any State court proceeding'' and inserting ``Except as provided in section 103(e), in any State court proceeding''. SEC. 4. VOLUNTARY TERMINATION OF PARENTAL RIGHTS. Section 103(a) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913(a)) is amended-- (1) by striking the first sentence and inserting the following: ``(a)(1) Where any parent or Indian custodian voluntarily consents to foster care or preadoptive or adoptive placement or to termination of parental rights, such consent shall not be valid unless-- ``(A) executed in writing; ``(B) recorded before a judge of a court of competent jurisdiction; and ``(C) accompanied by the presiding judge's certificate that-- ``(i) the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian; and ``(ii) any attorney or public or private agency that facilitates the voluntary termination of parental rights or preadoptive or adoptive placement has-- ``(I) informed the natural parents of the placement options with respect to the child involved; ``(II) informed those parents of the applicable provisions of this Act; and ``(III) certified that the natural parents will be notified within 10 days after any change in the adoptive placement.''; (2) by striking ``The court shall also certify'' and inserting the following: ``(2) The court shall also certify''; (3) by striking ``Any consent given prior to,'' and inserting the following: ``(3) Any consent given prior to,''; and (4) by adding at the end the following: ``(4) An Indian custodian who has the legal authority to consent to an adoptive placement shall be treated as a parent for the purposes of the notice and consent to adoption provisions of this Act.''. SEC. 5. WITHDRAWAL OF CONSENT. Section 103(b) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913(b)) is amended-- (1) by inserting ``(1)'' before ``Any''; and (2) by adding at the end the following: ``(2) Except as provided in paragraph (4), a consent to adoption of an Indian child or voluntary termination of parental rights to an Indian child may be revoked, only if-- ``(A) no final decree of adoption has been entered; and ``(B)(i) the adoptive placement specified by the parent terminates; or ``(ii) the revocation occurs before the later of the end of-- ``(I) the 180-day period beginning on the date on which the tribe of the Indian child receives written notice of the adoptive placement provided in accordance with the requirements of subsections (c) and (d); or ``(II) the 30-day period beginning on the date on which the parent who revokes consent receives notice of the commencement of the adoption proceeding that includes an explanation of the revocation period specified in this subclause. ``(3) Immediately upon an effective revocation under paragraph (2), the Indian child who is the subject of that revocation shall be returned to the parent who revokes consent. ``(4) Subject to paragraph (6), if, by the end of the applicable period determined under subclause (I) or (II) of paragraph (2)(B)(ii), a consent to adoption or voluntary termination of parental rights has not been revoked, a parent may revoke such consent after that date only-- ``(A) pursuant to applicable State law; or ``(B) if the parent of the Indian child involved petitions a court of competent jurisdiction, and the court finds that the consent to adoption or voluntary termination of parental rights was obtained through fraud or duress. ``(5) Subject to paragraph (6), if a consent to adoption or voluntary termination of parental rights is revoked under paragraph (4)(B), with respect to the Indian child involved-- ``(A) in a manner consistent with paragraph (3), the child shall be returned immediately to the parent who revokes consent; and ``(B) if a final decree of adoption has been entered, that final decree shall be vacated. ``(6) Except as otherwise provided under applicable State law, no adoption that has been in effect for a period longer than or equal to 2 years may be invalidated under this subsection.''. SEC. 6. NOTICE TO INDIAN TRIBES. Section 103(c) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913(c)) is amended to read as follows: ``(c)(1) A party that seeks the voluntary placement of an Indian child or the voluntary termination of the parental rights of a parent of an Indian child shall provide written notice of the placement or proceeding to the tribe of that Indian child. A notice under this subsection shall be sent by registered mail (return receipt requested) to the tribe of the Indian child, not later than the applicable date specified in paragraph (2) or (3). ``(2)(A) Except as provided in paragraph (3), notice shall be provided under paragraph (1) by the applicable date specified in each of the following cases: ``(i) Not later than 100 days after any foster care placement of an Indian child occurs. ``(ii) Not later than 5 days after any preadoptive or adoptive placement of an Indian child. ``(iii) Not later than 10 days after the commencement of any proceeding for a termination of parental rights to an Indian child. ``(iv) Not later than 10 days after the commencement of any adoptive proceeding concerning an Indian child. ``(B) A notice described in subparagraph (A)(ii) may be provided before the birth of an Indian child if a party referred to in paragraph (1) contemplates a specific adoptive or preadoptive placement. ``(3) If, after the expiration of the applicable period specified in paragraph (2), a party referred to in paragraph (1) discovers that the child involved may be an Indian child-- ``(A) the party shall provide notice under paragraph (1) not later than 10 days after the discovery; and ``(B) any applicable time limit specified in subsection (e) shall apply to the notice provided under subparagraph (A) only if the party referred to in paragraph (1) has, on or before commencement of the placement, made reasonable inquiry concerning whether the child involved may be an Indian child.''. SEC. 7. CONTENT OF NOTICE. Section 103(d) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913(d)) is amended to read as follows: ``(d) Each written notice provided under subsection (c) shall be based on a good faith investigation and contain the following: ``(1) The name of the Indian child involved, and the actual or anticipated date and place of birth of the Indian child. ``(2) A list containing the name, address, date of birth, and (if applicable) the maiden name of each Indian parent and grandparent of the Indian child, if-- ``(A) known after inquiry of-- ``(i) the birth parent placing the child or relinquishing parental rights; and ``(ii) the other birth parent (if available); or ``(B) otherwise ascertainable through other reasonable inquiry. ``(3) A list containing the name and address of each known extended family member (if any), that has priority in placement under section 105. ``(4) A statement of the reasons why the child involved may be an Indian child. ``(5) The names and addresses of the parties involved in any applicable proceeding in a State court. ``(6)(A) The name and address of the State court in which a proceeding referred to in paragraph (5) is pending, or will be filed; and ``(B) the date and time of any related court proceeding that is scheduled as of the date on which the notice is provided under this subsection. ``(7) If any, the tribal affiliation of the prospective adoptive parents. ``(8) The name and address of any public or private social service agency or adoption agency involved. ``(9) An identification of any Indian tribe with respect to which the Indian child or parent may be a member. ``(10) A statement that each Indian tribe identified under paragraph (9) may have the right to intervene in the proceeding referred to in paragraph (5). ``(11) An inquiry concerning whether the Indian tribe that receives notice under subsection (c) intends to intervene under subsection (e) or waive any such right to intervention. ``(12) A statement that, if the Indian tribe that receives notice under subsection (c) fails to respond in accordance with subsection (e) by the applicable date specified in that subsection, the right of that Indian tribe to intervene in the proceeding involved shall be considered to have been waived by that Indian tribe.''. SEC. 8. INTERVENTION BY INDIAN TRIBE. Section 103 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913) is amended by adding at the end the following: ``(e)(1) The tribe of the Indian child involved shall have the right to intervene at any time in a voluntary child custody proceeding in a State court only if-- ``(A) in the case of a voluntary proceeding to terminate parental rights, the Indian tribe sent a notice of intent to intervene or a written objection to the adoptive placement to the court or to the party that is seeking the voluntary placement of the Indian child, not later than 30 days after receiving notice that was provided in accordance with the requirements of subsections (c) and (d); or ``(B) in the case of a voluntary adoption proceeding, the Indian tribe sent a notice of intent to intervene or a written objection to the adoptive placement to the court or to the party that is seeking the voluntary placement of the Indian child, not later than the later of-- ``(i) 90 days after receiving notice of the adoptive placement that was provided in accordance with the requirements of subsections (c) and (d); or ``(ii) 30 days after receiving a notice of the voluntary adoption proceeding that was provided in accordance with the requirements of subsections (c) and (d). ``(2)(A) Except as provided in subparagraph (B), the tribe of the Indian child involved shall have the right to intervene at any time in a voluntary child custody proceeding in a State court in any case in which the Indian tribe did not receive written notice provided in accordance with the requirements of subsections (c) and (d). ``(B) An Indian tribe may not intervene in any voluntary child custody proceeding in a State court if the Indian tribe gives written notice to the State court or any party involved of-- ``(i) the intent of the Indian tribe not to intervene in the proceeding; or ``(ii) the determination by the Indian tribe that-- ``(I) the child involved is not a member of, or is not eligible for membership in, the Indian tribe; or ``(II) neither parent of the child is a member of the Indian tribe. ``(3) If an Indian tribe files a motion for intervention in a State court under this subsection, the Indian tribe shall submit to the court, at the same time as the Indian tribe files that motion, a tribal certification that includes a statement that documents, with respect to the Indian child involved, the membership or eligibility for membership of that Indian child in the Indian tribe under applicable tribal law. ``(f) Any act or failure to act of an Indian tribe under subsection (e) shall not-- ``(1) affect any placement preference or other right of any individual under this Act; ``(2) preclude the Indian tribe of the Indian child that is the subject of an action taken by the Indian tribe under subsection (e) from intervening in a proceeding concerning that Indian child if a proposed adoptive placement of that Indian child is changed after that action is taken; or ``(3) except as specifically provided in subsection (e), affect the applicability of this Act. ``(g) Notwithstanding any other provision of law, no proceeding for a voluntary termination of parental rights or adoption of an Indian child may be conducted under applicable State law before the date that is 30 days after the tribe of the Indian child receives notice of that proceeding that was provided in accordance with the requirements of subsections (c) and (d). ``(h) Notwithstanding any other provision of law (including any State law)-- ``(1) a court may approve, if in the best interests of an Indian child, as part of an adoption decree of that Indian child, an agreement that states that a birth parent, an extended family member, or the tribe of the Indian child shall have an enforceable right of visitation or continued contact with the Indian child after the entry of a final decree of adoption; and ``(2) the failure to comply with any provision of a court order concerning the continued visitation or contact referred to in paragraph (1) shall not be considered to be grounds for setting aside a final decree of adoption.''. SEC. 9. PLACEMENT OF INDIAN CHILDREN. Section 105(c) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1915(c)) is amended-- (1) in the second sentence-- (A) by striking ``Indian child or parent'' and inserting ``parent or Indian child''; and (B) by striking the colon after ``considered'' and inserting a period; (2) by striking ``Provided, That where'' and inserting: ``In any case in which''; and (3) by inserting after the second sentence the following: ``In any case in which a court determines that it is appropriate to consider the preference of a parent or Indian child, for purposes of subsection (a), that preference may be considered to constitute good cause.''. SEC. 10. FRAUDULENT REPRESENTATION. Title I of the Indian Child Welfare Act of 1978 (25 U.S.C. 1911 et seq.) is amended by adding at the end the following: ``SEC. 114. FRAUDULENT REPRESENTATION. ``(a) In General.--With respect to any proceeding subject to this Act involving an Indian child or a child who may be considered to be an Indian child for purposes of this Act, a person, other than a birth parent of the child, shall, upon conviction, be subject to a criminal sanction under subsection (b) if that person knowingly and willfully-- ``(1) falsifies, conceals, or covers up by any trick, scheme, or device, a material fact concerning whether, for purposes of this Act-- ``(A) a child is an Indian child; or ``(B) a parent is an Indian; ``(2)(A) makes any false, fictitious, or fraudulent statement, omission, or representation; or ``(B) falsifies a written document knowing that the document contains a false, fictitious, or fraudulent statement or entry relating to a material fact described in paragraph (1); or ``(3) assists any person in physically removing a child from the United States in order to obstruct the application of this Act. ``(b) Criminal Sanctions.--The criminal sanctions for a violation referred to in subsection (a) are as follows: ``(1) for an initial violation, a person shall be fined in accordance with section 3571 of title 18, United States Code, or imprisoned not more than 1 year, or both. ``(2) For any subsequent violation, a person shall be fined in accordance with section 3571 of title 18, United States Code, or imprisoned not more than 5 years, or both.''.

Indian Child Welfare Act Amendments of 1999 - Amends the Indian Child Welfare Act of 1978 to provide for retention by an Indian tribe of exclusive jurisdiction over child custody proceedings involving Indian children that are or become wards of a tribal court of that Indian tribe. Revises requirements, with respect to Indian children, regarding: (1) the voluntary termination of parental rights; and (2) the withdrawal of a consent to such voluntary termination or to adoption. Requires a party seeking the voluntary placement of an Indian child or the voluntary termination of parental rights to provide written notice to the Indian child's tribe. Sets forth the requirements for such a written notice. Permits an Indian tribe to intervene only if a child's tribe has sent a written objection to the adoptive placement to the court or to the party seeking the voluntary placement of the Indian child, but permits the child's Indian tribe to intervene in any case in which the Indian tribe did not receive a written notice. Modifies requirements regarding consideration of the personal preference of an Indian child or parent with respect to adoptive placements, foster care, and preadoptive placements. Prescribes, in any case in which a court determines that it is appropriate to consider the preference of a parent or Indian child, that preference may be considered to constitute good cause. Provides criminal sanctions for fraudulent representation with respect to any proceeding involving an Indian child.

Indian Child Welfare Act Amendments of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guard and Reserve Early Retirement Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Members of the Active Components of the United States Military Services are eligible for an immediate annuity upon attaining twenty years of creditable service. (2) Members of the Reserve Components must wait to receive their annuity until age 60. (3) Over the last 15 years, the contributions in support of Active Duty missions by both the Guard and the Reserve have increased substantially. (4) During the Global War on Terrorism Reserve Component members have gone into harms way and fought alongside members of the Active Duty. (5) These contributions have been made under various forms of active duty orders, including Active Duty for Training (ADT), Active Duty for Special Work (ADSW), Presidential Recall, and Partial Mobilization. Only a subset of mobilization orders is being credited as being ``in support of contingency operation.'' (6) Further contributions have been made to Active Duty commands within the United States during consecutive periods of Inactive Duty Training (IDT) and Annual Training (AT). (7) Additionally, both enlisted and officers within the Reserve Component are required for promotion to complete professional training and/or Joint Professional Military Education (JPME), often by taking non-paid correspondence or on-line Distant Learning courses for only inactive duty points, while Active Duty are often sent on Temporary Duty Assignment (TDY) to complete such courses. Currently there is no mechanism in place to compensate National Guard and Reserve Component soldiers for required professional courses. (8) Active Duty does not differentiate between stateside or deployed duty when earning creditable duty toward retirement at 20 years. (9) As defined by section 12733 of title 10, United States Code, RC members earn one inactive duty point toward retirement for each Reserve training drill. They can also earn one active duty point for every day of active duty performed. An Active Duty year is measured as 360 points. Professional courses are assigned inactive duty points. (10) Members of the Guard and Reserve understand the point system. (11) A minimum of 50 points is required for a creditable service year. (12) Basing a Reserve Component retirement system on the accumulation of retirement points would remove differentiation of duty, clarify eligibility, and by using an appropriately structured matrix would encourage volunteerism and retention. SEC. 3. ELIGIBILITY FOR RETIRED PAY FOR NONREGULAR SERVICE. (a) Age and Service Requirements.--Subsection (a) of section 12731 of title 10, United States Code, is amended to read as follows: ``(a)(1) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person-- ``(A) satisfies one of the combinations of requirements for minimum age and minimum number of years of creditable service (computed under section 12732 of this title) that are specified in the table in paragraph (2); ``(B) performed the last six years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed 20 years of service computed under section 12732 of this title before October 5, 1994, the number of years of qualifying service under this subparagraph shall be eight; and ``(C) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. ``(2) The combinations of minimum age and minimum earned points (as defined under section 12732 of this title) required of a person under subparagraph (A) of paragraph (1) for entitlement to retired pay as provided in such paragraph are as follows: ---------------------------------------------------------------------------------------------------------------- The minimum earned points required for that Age, in years, is at least: age is: ---------------------------------------------------------------------------------------------------------------- 55 4500 56 4225 57 3950 58 3675 59 3400 60 1000''. ---------------------------------------------------------------------------------------------------------------- (b) 20-Year Letter.--Subsection (d) of such section is amended by striking ``the years of service required for eligibility for retired pay under this chapter'' in the first sentence and inserting ``20 years of service computed under section 12732 of this title''. SEC. 4. CONTINUATION OF AGE 60 AS MINIMUM AGE FOR ELIGIBILITY OF NONREGULAR SERVICE RETIREES FOR HEALTH CARE. Section 1074(b) of title 10, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; and (2) by adding at the end the following new paragraph: SEC. 5. EFFECTIVE DATE AND APPLICABILITY. This Act and the amendments made by this Act shall take effect on the first day of the first month that begins no more than 180 days after the date of the enactment of this Act and shall apply with respect to retired pay payable for that month and subsequent months. ``(2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age.''.

Guard and Reserve Early Retirement Act of 2007 - Revises provisions concerning eligibility for military retired pay for nonregular (reserve) service to: (1) remove the requirement that the person be at least 60 years of age; and (2) provide an additional qualifier in the case of a combination of minimum age and earned duty points (requiring 4500 points with a minimum age of 55, descending to 1000 points with a minimum age of 60). Continues 60 as the minimum eligibility age for such retirees for health care furnished through the Department of Defense (DOD).

To amend title 10, United States Code, to provide eligibility for reduced non-regular service military retired pay before age 60, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Compliance Assistance Enhancement Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Small businesses represent 99.7 percent of all employers, employ half of all private sector employees, and pay 44.3 percent of total United States private payroll. (2) Small businesses generated 60 to 80 percent of net new jobs annually over the last decade. (3) Very small firms with fewer than 20 employees spend 60 percent more per employee than larger firms to comply with Federal regulations. Small firms spend twice as much on tax compliance as their larger counterparts. Based on an analysis in 2001, firms employing fewer than 20 employees face an annual regulatory burden of nearly $7,000 per employee, compared to a burden of almost $4,500 per employee for a firm with over 500 employees. (4) Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) requires agencies to produce small entity compliance guides for each rule or group of rules for which an agency is required to prepare a final regulatory flexibility analysis under section 604 of title 5, United States Code. (5) The Government Accountability Office has found that agencies have rarely attempted to comply with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note). When agencies did try to comply with that requirement, they generally did not produce adequate compliance assistance materials. (6) The Government Accountability Office also found that section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) and other sections of that Act need clarification to be effective. (b) Purposes.--The purposes of this Act are the following: (1) To clarify the requirement contained in section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) for agencies to produce small entity compliance guides. (2) To clarify other terms relating to the requirement in section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note). (3) To ensure that agencies produce adequate and useful compliance assistance materials to help small businesses meet the obligations imposed by regulations affecting such small businesses, and to increase compliance with these regulations. SEC. 3. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL BUSINESSES. (a) In General.--Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended by striking subsection (a) and inserting the following: ``(a) Compliance Guide.-- ``(1) In general.--For each rule or group of related rules for which an agency is required to prepare a final regulatory flexibility analysis under section 605(b) of title 5, United States Code, the agency shall publish 1 or more guides to assist small entities in complying with the rule and shall entitle such publications `small entity compliance guides'. ``(2) Publication of guides.--The publication of each guide under this subsection shall include-- ``(A) the posting of the guide in an easily identified location on the website of the agency; and ``(B) distribution of the guide to known industry contacts, such as small entities, associations, or industry leaders affected by the rule. ``(3) Publication date.--An agency shall publish each guide (including the posting and distribution of the guide as described under paragraph (2))-- ``(A) on the same date as the date of publication of the final rule (or as soon as possible after that date); and ``(B) not later than the date on which the requirements of that rule become effective. ``(4) Compliance actions.-- ``(A) In general.--Each guide shall explain the actions a small entity is required to take to comply with a rule. ``(B) Explanation.--The explanation under subparagraph (A)-- ``(i) shall include a description of actions needed to meet the requirements of a rule, to enable a small entity to know when such requirements are met; and ``(ii) if determined appropriate by the agency, may include a description of possible procedures, such as conducting tests, that may assist a small entity in meeting such requirements. ``(C) Procedures.--Procedures described under subparagraph (B)(ii)-- ``(i) shall be suggestions to assist small entities; and ``(ii) shall not be additional requirements relating to the rule. ``(5) Agency preparation of guides.--The agency shall, in its sole discretion, taking into account the subject matter of the rule and the language of relevant statutes, ensure that the guide is written using sufficiently plain language likely to be understood by affected small entities. Agencies may prepare separate guides covering groups or classes of similarly affected small entities and may cooperate with associations of small entities to develop and distribute such guides. An agency may prepare guides and apply this section with respect to a rule or a group of related rules. ``(6) Reporting.--Not later than 1 year after the date of enactment of the Small Business Compliance Assistance Enhancement Act of 2005, and annually thereafter, the head of each agency shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives describing the status of the agency's compliance with paragraphs (1) through (5).''. (b) Technical and Conforming Amendment.--Section 211(3) of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended by inserting ``and entitled'' after ``designated''.

Small Business Compliance Assistance Enhancement Act of 2005 - Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require an agency to prepare a compliance guide to assist small entities in complying with a Federal rule or group of related rules for which an agency is required to prepare a final regulatory flexibility analysis whenever an agency determines that a Federal rule or group of rules will have a significant economic impact on a substantial number of small entities.

A bill to enhance compliance assistance for small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defunding the Corrupt and Incompetent United Nations Act''. SEC. 2. FINDINGS. (a) In General.--Congress finds the following: (1) The United States pays far more than any other nation for United Nations operations, which are divided into three program baskets: regular budget, peacekeeping budget, and specialized programs such as developmental and disaster assistance. (2) Despite the United States paying an overly large share of the budget, United Nations treaties are often in opposition to the interests of the United States, so the United States is effectively paying others to undermine our foreign policy. (3) There also is a global lack of accountability coupled with incompetence at the United Nations, with terrible crimes and genocides happening under the watch of the United Nations. (4) Finally, a constant and disproportionate use of United Nations time and money is dedicated to persecuting Israel, the only democracy in the Middle East. (5) For the reasons specified in paragraphs (1) through (4), which are further detailed in subsections (b) through (e), the United States will no longer provide funds to this corrupt and incompetent body unless very significant changes are made immediately. (b) Unfair Budget Burden and Unaccountability.--Congress finds the following: (1) The United States was assessed for contributions to the regular United Nations budget and the United Nations peacekeeping budget totaling approximately $3,000,000,000 of an approximately $11,000,000,000 combined United Nations budget for those purposes in 2016. (2) At under five percent of the world population, 22 percent of the world nominal Gross Domestic Product (GDP) but 16.1 percent of world GDP by purchasing power parity, the United States was assessed to contribute 22 percent of the regular United Nations budget in 2016. (3) This is a higher regular assessment than the 176 least assessed United Nations member states combined. (4) A majority of United Nations member states will be assessed total contributions of less than $1,000,000 a year for the United Nations regular and peacekeeping budgets combined. The least assessed member states historically pay a net several thousand dollars to the United Nations after collecting lavish travel subsidies from the United Nations. (5) The 113 members of the Non-Aligned Movement, which frequently votes against United States and democratic proposals and interests, were collectively assessed approximately $559,000,000 of United Nations regular and peacekeeping budgets in 2016. (6) The 56 countries of the Organization of Islamic Cooperation (OIC), including 10 of the world's top 20 oil producing countries, together were assessed approximately $406,000,000 to the regular and peacekeeping budgets of the United Nations in 2016. These countries also frequently vote against United States and democratic proposals and interests. (7) The other four permanent members of the United Nations Security Council--the Russian Federation, the People's Republic of China, the United Kingdom, and France--were assessed a combined $2,734,000,000 in 2016 to the United Nations, compared to the United States $2,959,000,000 assessment for the United Nations regular budget and United Nations peacekeeping budget. (8) The United Nations requires two-thirds of member states to approve the United Nations regular budget but does not have a commonsense rule to require that budgets be approved by member states that contribute two-thirds of the money. This means member states that make minimal contributions can approve the regular budget over the objection of the United States and other major contributors. (9) However, the United States also is assessed 28.4691 percent of the United Nations peacekeeping budget for 2017 despite the bipartisan Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; enacted April 30, 1994), which prohibits the United States from making contributions that exceed 25 percent of the peacekeeping budget. Currently, the difference between 25 percent and the 28.4691 percent assessed levels amounts to $275,000,000. (10) This is a higher peacekeeping budget assessment than the 185 least assessed United Nations member states combined. (11) In addition, the United States Government separately contributes more than $5,000,000,000 per year for other United Nations programs. There is no comprehensive report to Congress about these United Nations agency requirements. The last comprehensive report was for fiscal year 2010. (c) United Nations Treaties That Are Against United States Interests.--Congress finds the following: (1) Ratification of the United Nations Convention on the Law of the Sea (UNCLOS) would subject the United States to internationally based environmental mandates and place new financial mandates on United States businesses, and therefore is not in the interests of the United States. (2) The recent effort under the auspices of the United Nations Framework Convention on Climate Change (UNFCCC) to reestablish an international regulation regime to end global warming, which would heavily target fossil fuels, is against United States interests. (3) Ratification of the Arms Trade Treaty, which would closely regulate global arms trade exports and impose regulations on United States gun manufacturers, is not in the interests of the United States. (d) Global Lack of Accountability and Incompetence.--Congress finds the following: (1) In the civil war in Sri Lanka from 1983 to 2009, the United Nations did not investigate claims of war crimes and made no attempt to protect the civilian population, resulting in 6,500 individuals being murdered inside supposed United Nations ``safe zones''. (2) The United Nations did not acknowledge the replacement government of Cambodia after Pol Pot and the Khmer Rouge until 1994, after Paul Pot's communist authorities murdered more than 2,500,000 Cambodians, or 33 percent of the population. (3) In 1994, after 10 Belgian peacekeepers were murdered in Rwanda, United Nations troops directly abandoned hundreds of Tutsis who were murdered by Hutus, and in the process abandoned the country to a genocide that left approximately 1,000,000 individuals dead, or nearly 20 percent of the population. (4) After several United States and Pakistani troops were killed in 1993, the United Nations withdrew all peacekeeping troops from Somalia in 1995. (5) In 1995, United Nations peacekeepers in northeastern Bosnia failed to prevent Serbs from murdering 8,000 men and boys in Srebrenica. (6) From 2003 to 2005 the United Nations did not enter Sudan despite organized attacks on populated villages by Janjaweed militant groups. In 2010 an estimated 300,000 Sudanese civilians were killed. (7) United Nations peacekeeping audits have revealed mismanagement, fraud, and corruption in procurement. (8) United Nations peacekeepers were the source of the cholera outbreak in Haiti beginning in 2010 that left more than 8,000 individuals dead and 600,000 seriously sickened. (9) United Nations agencies are in the bottom half of effectiveness among bilateral, multilateral, and United Nations aid agencies based on transparency, specialization, selectivity, ineffective aid channels, and overhead cost (``Rhetoric versus Reality: The Best and Worst of Aid Agency Practices'', William Easterly and Claudia R. Williamson). (10) The United Nations Security Council attempted to invoke sanctions under chapter VII of the Charter of the United Nations to prevent genocide in the recent civil war in Syria, but the Russian Federation and the People's Republic of China prevented action by the United Nations, resulting in more than 60,000 civilian deaths and thousands of other civilians displaced. (11) A United Nations study found that United Nations peacekeeping missions routinely avoid using force to protect civilians who are under attack, intervening in only 20 percent of cases despite being authorized to do so by the United Nations Security Council (``United Nations General Assembly, Evaluation of the Implementation and Results of Protection of Civilians Mandates in United Nations Peacekeeping Operations, No. A/68/787'', Reuters, May 7, 2014). (12) United Nations peacekeepers continue to abuse the unprotected populations they are supposed to be helping (Code Blue, ``A Practical Plan to End Impunity for Peacekeeper Sexual Abuse'', October 13, 2016). (13) United Nations peacekeepers in South Sudan in 2016 failed to protect civilians from murder and rape even within sight of United Nations soldiers or inside supposedly protected safe zones. (e) Constant and Disproportionate Use of United Nations Time and Money To Harass Israel.--Congress finds the following: (1) The United Nations is hostile to our closest ally in the Middle East, Israel, which is also the most developed democracy in that region. (2) The United Nations Security Council passed United Nations Security Council Resolution 2324 on December 23, 2016, to condemn Israeli settlements, while the Obama administration backstabbed Israel by abstaining instead of vetoing this dangerous resolution. As Senator Charles Schumer said, ``Whatever one's views are on settlements, anyone who cares about the future of Israel and peace in the region knows that the United Nations, with its one-sidedness, is exactly the wrong forum to bring about peace.''. (3) The United Nations voted in 2012 to grant the Palestinian Authority ``non-member state'' permanent observer status. (4) United Nations Human Rights Council (UNHRC) also acts contrary to United States interests. For example, in the ten years of June 2006 through June 2016, when the UNHRC acts to condemn a specific country, most of the time it condemns Israel. That is to say, the UNHRC singles Israel out for solitary condemnation more than all the other countries of the world put together. (5) The UNHRC has 10 permanent agenda items, one of which (Agenda Item 7, ``Human Rights Situation in Palestine and Other Occupied Arab Territories'') is criticism of Israel. (6) The United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA), contrary to the practice of the United Nations High Commissioner for Refugees, defines Palestinian ``refugee'' status as a hereditary entitlement over generations. It also failed to stop Hamas from stockpiling missiles in schools, and did not immediately report this violation of civilian rights and standard of conflict to the United Nations Security Council. (7) The United Nations Durban Declaration of the World Conference Against Racism in 2001 singled out only Israel for condemnation for racist policies, of all the countries in the world. (8) Twenty Arab countries use the United Nations to vote against United States interests most of the time but collect annual foreign assistance from the United States. For example, in 2017 Egypt is slated to receive $1,500,000,000 in assistance, Jordan $1,000,000,000 and Iraq $500,000,000. These figures do not include all amounts of United States military assistance given in direct funding, in-kind grants, and excess defense equipment. (9) The Palestinian Authority also receives over $350,000,000 per year from the United States in humanitarian assistance that the Palestinian Authority routinely uses to inspire hate in schools, among other purposes. (10) All this United Nations anti-Israel activity goes on despite Israel being the only democracy in the Middle East, giving citizenship to many Arab citizens, holding open elections and an independent judiciary, sponsoring a vibrant civil society, and allowing freedom for press, women, religious beliefs, nongovernmental organizations, and gay lifestyles. (11) Israel also has traded land for peace but Hamas continues to be dedicated to the destruction of Israel. When Israel withdrew from Gaza, the territory fell under the control of Hamas, which launched regular rocket and terror attacks on Israel from Gaza. SEC. 3. PROHIBITION ON ASSESSED AND VOLUNTARY CONTRIBUTIONS TO THE UNITED NATIONS. (a) In General.--No funds may be obligated or expended to provide assessed or voluntary contributions to the United Nations, the United Nations system, or United Nations-affiliated agencies during the period beginning on the date of the enactment of this Act and ending on the date on which the President certifies to Congress that the requirements and criteria described in subsection (b) are met. (b) Requirements and Criteria Described.--The requirements and criteria described in this subsection are the following: (1) The United Nations adopts a rule providing that for the United Nations regular budget to be approved, not only must the currently required two-thirds of member states approve, but also a combination of member states whose assessed contributions make up at least 67 percent of the regular budget must approve. (2) The Director of the Office of Management and Budget submits to Congress a report on all United States assessed and voluntary contributions to the United Nations system. (3) The Secretary of State submits to Congress a report providing a comprehensive analysis of United States interests supported by United States memberships in international organizations, United States contributions to these organizations, and whether these interests could be achieved by other means. This report additionally shall assess which United Nations organizations contain good or poor value for their money, and recommending which if any of such organization merits United States support, and which do not merit United States support. (4) The Office of Inspector General of the Department of State establishes an office responsible for inspecting and auditing the use of United States contributions to international organizations. (5) The Secretary-General of the United Nations and the heads of other international organizations described in paragraph (4) provide assurances to the United States Government that such organizations will cooperate with the Department of State office established pursuant to paragraph (4). (6) The Secretary of State submits to Congress an evaluation of long-running United Nations peacekeeping missions to ascertain which such missions are needed and which such missions and participants are advancing United States and democratic ideals and interests. (7) The United Nations revises its pay structure so that salaries do not exceed equivalent United States civil service salaries. (8) The United Nations reinstates and conducts ongoing, annual, robust reviews of its own mandates to determine which such mandates are outmoded and should be eliminated or terminated. (9) The United Nations reinstates its Procurement Task Force that successfully reviewed large scale fraud in the $600,000,000 Iraqi oil for food program but was subsequently shut down. (10) The United Nations adopts reforms to make the United Nations Office of Internal Oversight Services (OIOS) and ethics office truly independent, and strengthens whistleblower protections. (11) The United Nations demonstrates its peacekeepers are proactively protecting civilians, and adopts changes to insure that troop contributing countries investigate and punish those found to have not followed their duties and/or to have committed crimes. SEC. 4. FURTHER LIMITATION ON ASSESSED AND PEACEKEEPING CONTRIBUTIONS TO THE UNITED NATIONS. Beginning on the day after the date on which the President certifies to Congress that the requirements and criteria described in section 3(b) are met-- (1) funds obligated or expended to provide assessed contributions to the United Nations regular budget may not exceed 18 percent of the total assessed contributions to such budget; and (2) funds obligated or expended to provide assessed contributions to the United Nations peacekeeping budget may not exceed 25 percent of the total contributions to such budget.

Defunding the Corrupt and Incompetent United Nations Act This bill prohibits the obligation or expenditure of funds to provide contributions to the United Nations, the U.N. system, or U.N.-affiliated agencies until the President certifies to Congress that specified requirements are met, including that the U.N.: adopts a rule providing that, for its regular budget to be approved, not only must the currently required two-thirds of member states approve, but also a combination of member states whose assessed contributions make up at least 67% of the budget must approve; revises its pay structure so that salaries do not exceed equivalent U.S. civil service salaries; reinstates and conducts ongoing reviews to determine which of its mandates are outmoded and should be terminated; reinstates its Procurement Task Force; adopts reforms to make its Office of Internal Oversight Services and ethics office truly independent and strengthens whistleblower protections; and demonstrates that its peacekeepers are proactively protecting civilians and adopts changes to insure that troop contributing countries investigate and punish those found to have not followed their duties and/or to have committed crimes. Additional requirements include specified actions by the Office of Management and Budget, the Secretary-General of the U.N., international organizations receiving U.S. assistance, and the Department of State, including establishment of an office responsible for inspecting and auditing the use of U.S. contributions to international organizations. Once the President certifies that the requirements have been met, funds obligated or expended to provide assessed contributions to: (1) the U.N.'s regular budget may not exceed 18% of the total assessed contributions to such budget, and (2) the U.N.'s peacekeeping budget may not exceed 25% of the total contributions to such budget.

Defunding the Corrupt and Incompetent United Nations Act

SECTION 1. PURPOSE. The purpose of this Act is to authorize and provide funding for the Bureau of Reclamation to continue the implementation of the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins in order to accomplish the objectives of these programs within a currently established time schedule. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``Recovery Implementation Programs'' means the intergovernmental programs established pursuant to the 1988 Cooperative Agreement to implement the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River dated September 29, 1987, and the 1992 Cooperative Agreement to implement the San Juan River Recovery Implementation Program dated October 21, 1992, and as they may be amended by the parties thereto. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Upper Division States'' means the States of Colorado, New Mexico, Utah, and Wyoming. (4) The term ``Colorado River Storage Project'' or ``storage project'' means those dams, reservoirs, power plants, and other appurtenant project facilities and features authorized by and constructed in accordance with the Colorado River Storage Project Act (43 U.S.C. 620 et seq.). (5) The term ``capital projects'' means planning, design, permitting or other compliance, pre-construction activities, construction, construction management, and replacement of facilities, and the acquisition of interests in land or water, as necessary to carry out the Recovery Implementation Programs. (6) The term ``facilities'' includes facilities for the genetic conservation or propagation of the endangered fishes, those for the restoration of floodplain habitat or fish passage, those for control or supply of instream flows, and those for the removal or translocation of nonnative fishes. (7) The term ``interests in land and water'' includes, but is not limited to, long-term leases and easements, and long- term enforcement, or other agreements protecting instream flows. (8) The term ``base funding'' means funding for operation and maintenance of capital projects, implementation of recovery actions other than capital projects, monitoring and research to evaluate the need for or effectiveness of any recovery action, and program management, as necessary to carry out the Recovery Implementation Programs. Base funding also includes annual funding provided under the terms of the 1988 Cooperative Agreement and the 1992 Cooperative Agreement. (9) The term ``recovery actions other than capital projects'' includes short-term leases and agreements for interests in land, water, and facilities; the reintroduction or augmentation of endangered fish stocks; and the removal, translocation, or other control of nonnative fishes. (10) The term ``depletion charge'' means a one-time contribution in dollars per acre-foot to be paid to the United States Fish and Wildlife Service based on the average annual new depletion by each project. SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS. (a) Authorization of Appropriations for Federal Participation in Capital Projects.--(1) There is hereby authorized to be appropriated to the Secretary, $46,000,000 to undertake capital projects to carry out the purposes of this Act. Such funds shall be considered a nonreimbursable Federal expenditure. (2) The authority of the Secretary, acting through the Bureau of Reclamation, under this or any other provision of law to implement capital projects for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin shall expire in fiscal year 2005 unless reauthorized by an Act of Congress. (3) The authority of the Secretary to implement the capital projects for the San Juan River Basin Recovery Implementation Program shall expire in fiscal year 2007 unless reauthorized by an Act of Congress. (b) Cost of Capital Projects.--The total costs of the capital projects undertaken for the Recovery Implementation Programs receiving assistance under this Act shall not exceed $100,000,000 of which-- (1) costs shall not exceed $82,000,000 for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin through fiscal year 2005; and (2) costs shall not exceed $18,000,000 for the San Juan River Recovery Implementation Program through fiscal year 2007. The amounts set forth in this subsection shall be adjusted by the Secretary for inflation in each fiscal year beginning after the enactment of this Act. (c) Non-Federal Contributions to Capital Projects.--(1) The Secretary, acting through the Bureau of Reclamation, may accept contributed funds from the Upper Division States, or political subdivisions or organizations with the Upper Division States, pursuant to agreements that provide for the contributions to be used for capital projects costs. Such funds may be expended as if appropriated for such purposes. Such non-Federal contributions shall not exceed $17,000,000. (2) In addition to the contribution described in paragraph (1), the Secretary of Energy, acting through the Western Area Power Administration, and the Secretary of the Interior, acting through the Bureau of Reclamation, may utilize power revenues collected pursuant to the Colorado River Storage Project Act to carry out the purposes of section 3(c) of this Act. Such funds shall be treated as reimbursable costs assigned to power for repayment under section 5 of the Colorado River Storage Project Act. This additional contribution shall not exceed $17,000,000. Such funds shall be considered a non-Federal contribution for the purposes of this Act. (3) The additional funding provided pursuant to paragraph (2) may be provided through loans from the Colorado Water Conservation Board Construction Fund (37-60-121 C.R.S.) to the Western Area Power Administration in lieu of funds which would otherwise be collected from power revenues and used for storage project repayments. The Western Area Power Administration is authorized to repay such loan or loans from power revenues collected beginning in fiscal year 2012, subject to an agreement between the Colorado Water Conservation Board, the Western Area Power Administration, and the Bureau of Reclamation. The agreement and any future loan contracts that may be entered into by the Colorado Water Conservation Board, the Western Area Power Administration, and the Bureau of Reclamation shall be negotiated in consultation with Salt Lake City Area Integrated Projects Firm Power Contractors. The agreement and loan contracts shall include provisions designed to minimize impacts on electrical power rates and shall ensure that loan repayment to the Colorado Water Conservation Board, including principal and interest, is completed no later than September 30, 2057. The Western Area Power Administration is authorized to include in power rates such sums as are necessary to carry out this paragraph and paragraph (2). (4) All contributions made pursuant to this subsection shall be in addition to the cost of replacement power purchased due to modifying the operation of the Colorado River Storage Project and the capital cost of water from Wolford Mountain Reservoir in Colorado. Such costs shall be considered as non-Federal contributions, not to exceed $20,000,000. (d) Base Funding.--(1) Beginning in the first fiscal year commencing after the date of enactment of this Act, the Secretary may utilize power revenues collected pursuant to the Colorado River Storage Project Act for the annual base funding contributions to the Recovery Implementation Programs by the Bureau of Reclamation. Such funding shall be treated as nonreimbursable and as having been repaid and returned to the general fund of the Treasury as costs assigned to power for repayment under section 5 of the Colorado River Storage Project Act. (2) For the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River Basin, the contributions to base funding referred to in paragraph (1) shall not exceed $4,000,000 per year. For the San Juan River Recovery Implementation Program, such contributions shall not exceed $2,000,000 per year. The Secretary shall adjust such amounts for inflation in fiscal years commencing after the enactment of this Act. The utilization of power revenues for annual base funding shall cease after the fiscal year 2011, unless reauthorized by Congress; except that power revenues may continue to be utilized to fund the operation and maintenance of capital projects and monitoring. No later than the end of fiscal year 2008, the Secretary shall submit a report on the utilization of power revenues to the appropriate Committees of the United States Senate and the House of Representatives. The Secretary shall also make a recommendation in such report regarding the need for continued funding after fiscal year 2011 that may be required to fulfill the goals of the Recovery Implementation Programs. The Western Area Power Administration and the Bureau of Reclamation shall maintain sufficient revenues in the Colorado River Basin Fund to meet their obligation to provide base funding in accordance with this provision. If the Western Area Power Administration and the Bureau of Reclamation determine that the funds in the Colorado River Basin Fund will not be sufficient to meet the obligations of section 5(c)(1) of the Colorado River Storage Project Act for a 3-year period, the Western Area Power Administration and the Bureau of Reclamation shall request appropriations to meet base funding obligations. Nothing in this Act shall otherwise modify or amend existing agreements among participants regarding base funding and depletion charges for the Recovery Implementation Programs. (e) Authority To Retain Appropriated Funds.--At the end of each fiscal year any unexpended appropriated funds for capital projects under this Act shall be retained for use in future fiscal years. Unexpended funds under this Act that are carried over shall continue to be used to implement the capital projects needed for the Recovery Implementation Programs. (f) Additional Authority.--The Secretary may enter into agreements and contracts with Federal and non-Federal entities, acquire and transfer interests in land, water, and facilities, and accept or give grants in order to carry out the purposes of this Act. (g) Indian Trust Assets.--The Congress finds that much of the potential water development in the San Juan River Basin is for the benefit of Indian tribes and most of the federally designated critical habitat for the endangered fish species in the Basin is on Indian trust lands. Nothing in this Act shall be construed to restrict the Secretary, acting through the Bureau of Reclamation and the Bureau of Indian Affairs, from funding activities or capital projects in accordance with the Federal Government's Indian trust responsibility. SEC. 4. EFFECT ON RECLAMATION LAW. Construction of facilities and acquisition of land and water interests under this Act shall not render these facilities or land and water interests or associated processes and procedures subject to the Reclamation Act of 1902 and Acts supplementary thereto and amendatory thereof.

Authorizes appropriations to the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake capital projects for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin and the San Juan River Basin Recovery Implementation Program. Terminates the authority of the Secretary to implement such projects for such Programs in in FY 2005 and 2007, respectively. Limits to $100 million the total costs of such projects. Authorizes: (1) the Secretary to accept contributed funds from Colorado, New Mexico, Utah, and Wyoming, or political subdivisions or organizations thereof, pursuant to agreements that provide for the contributions to be used for capital project costs;(2) the Secretary and the Secretary of Energy, acting through the Western Area Power Administration, to utilize for such projects power revenues collected pursuant to the Colorado River Storage Project Act; and (3) the Secretary to utilize such power revenues for the annual base funding contributions to the programs by the Bureau for a specified period. Requires the Secretary to report to the appropriate congressional committees on the utilization of such power revenues. Authorizes the retention of unexpended appropriated funds for projects under this Act for use in future fiscal years. States that nothing in this Act shall restrict the Secretary from funding activities or capital projects in accordance with the Federal Government's Indian trust responsibility.

A bill to authorize the Bureau of Reclamation to provide cost sharing for the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Simplification Act of 2000''. SEC. 2. AMENDMENTS. (a) Moratorium Amendment.--Section 1101(a) of title XI of division C of Public Law 105-277 (112 Stat. 2681-719; 47 U.S.C. 151 note) is amended to read as follows: ``(a) Moratoria on State and Local Taxes on the Internet.--No State or political subdivision thereof shall impose any of the following taxes: ``(1) Taxes on Internet access during the period beginning on October 1, 1998, and ending on October 1, 2006, unless such tax was generally imposed and actually enforced prior to October 1, 1998. ``(2) During the period beginning on October 1, 1998, and ending on December 31, 2003, multiple or discriminatory taxes on electronic commerce.''. (b) Streamlined Uniform Sales and Use Tax.--Title XI of division C of Public Law 105-277 (112 Stat. 2681-719; 47 U.S.C. 151 note) is amended-- (1) by redesignating section 1104 as section 1109; and (2) by inserting after section 1103 the following: ``SEC. 1104. DEVELOPMENT OF STREAMLINED UNIFORM SALES AND USE TAX ACT. ``It is the sense of the Congress that, not later than January 1, 2004, States and political subdivisions of States should work cooperatively with the National Conference of Commissioners on Uniform State Laws (in this section referred to as the `Conference') to develop and draft a Streamlined Uniform Sales and Use Tax Act that-- ``(1) is characterized by simplicity, uniformity, neutrality, efficiency, and fairness; and ``(2) includes, but is not limited to-- ``(A) a centralized, one-stop registration system; ``(B) uniform tax base definitions; ``(C) uniform and simple sourcing rules; ``(D) uniform exemption administration rules (including a database of all exempt entities and removal of the `good faith' acceptance rule); ``(E) appropriate protection of consumer privacy; ``(F) a methodology for certifying software used in the sales tax administration process for tax rate and taxability determinations; ``(G) uniform bad debt rules; ``(H) uniform tax returns and remittance forms; ``(I) consistent electronic filing and remittance methods; ``(J) State administration of all State and local use taxes on sales by sellers that are not physically present in a State, to purchasers that are physically present in such State, with distribution of revenues to political subdivisions of such State according to precedent and applicable State law; ``(K) uniform audit procedures; ``(L) reasonable compensation for such sellers that reflects the complexity of the tax structure of such State (including the tax structures of political subdivisions of such State); and ``(M) an appropriate sales volume threshold below which such sellers that are small businesses would not be required to collect use taxes payable on sales to purchasers that are physically present in such State. ``SEC. 1105. INTERSTATE SALES AND USE TAX COMPACT. ``(a) Authorization and Consent.--States are authorized to enter into an Interstate Sales and Use Tax Compact, and Congress hereby consents to such a compact. The Compact shall provide that member States agree to adopt a uniform, streamlined uniform sales and use tax system consistent with section 1104(a). ``(b) Expiration.--The authorization and consent in subsection (a) shall automatically expire if the Compact has not been formed before January 1, 2004. ``(c) Compliance.--The streamlined uniform sales and use tax system prescribed by the Compact as provided in subsection (a) shall be evaluated against the requirements of section 1104(a) in a report submitted to Congress in a timely fashion by the Secretary of the Treasury who shall certify whether such a system has met the requirements in section 1104(a). ``SEC. 1106. AUTHORIZATION TO SIMPLIFY STATE USE TAX RATES. ``Notwithstanding any other provision of law, any State levying a sales tax is authorized to administer a single uniform statewide use tax rate relating to all remote sales (as defined in section 1107 of this title) on which it assesses a use tax, provided that for each calendar year in which such statewide rate is applicable, if such rate had been assessed during the second calendar year prior to such year on all such sales on which a sales tax was assessed by such State or its local jurisdictions, the total taxes assessed on such sales would not have exceeded the total taxes actually assessed on such sales during such year. A State may use a blended rate that reflects the weighted average of State and local taxes across such State. ``SEC. 1107. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES. ``(a) Grant of Authority.--(1) A State that has adopted the streamlined uniform system prescribed by the Compact referred to in section 1105 of this title is authorized to begin collecting use taxes on remote sales by January 1, 2004, or by the date of adoption of the Compact, whichever is earlier. ``(2) Paragraph (1) shall not apply to a State that does not choose to simplify its tax collection system. ``(3) A State that neither simplifies its sales and use tax system nor meets the criteria spectified in section 1104, by December 31, 2001, may adopt the streamlined uniform system prescribed by the Compact and begin collecting use taxes on remote sales with any succeeding calendar year by meeting such criteria. ``(b) No Effect on Nexus.--No obligation imposed by virtue of authority granted in subsection (a) shall be considered in determining whether a seller has a nexus with any State for any tax purpose. ``(c) Definition of Remote Sale.--For purposes of this section, the term `remote sale' means a sale by a seller that is not physically present in a State, to a purchaser that is physically present in such State. ``SEC. 1108. LIMITATIONS. ``Nothing in this Act shall be construed as subjecting sellers to sales taxes, franchise taxes, income taxes, or licensing requirements of a State or political subdivision thereof, nor shall anything in this Act be construed as affecting the application of such taxes or requirements or enlarging or reducing the authority of any State or political subdivision to impose such taxes or requirements.''. SEC. 3. SENSE OF THE CONGRESS REGARDING STATE AND LOCAL TELECOMMUNICATIONS TAXES. It is the sense of the Congress that States and political subdivisions of States should continue to work cooperatively with the telecommunications industry and other relevant groups-- (1) to dramatically reduce the complexity and cost of complying with State and local telecommunications taxes; (2) to create more uniform telecommunication State tax laws that include the adoption of common definitions and sourcing rules; and (3) to address taxes that appear to be discriminatory toward the telecommunications industry. SEC. 4. CONFORMING AMENDMENTS. (a) Cross Reference in the Trade Act of 1974.--Section 181(d) of the Trade Act of 1974 (19 U.S.C. 2241(d)) is amended by striking ``section 1104(3)'' and inserting ``1109(3)''. (b) Other Cross Reference.--Section 1203(c) of division C of Public Law 105-277 (112 Stat. 2681-727; 19 U.S.C. 2241 note) by striking ``section 1104(3)'' and inserting ``1109(3)''.

Expresses the sense of Congress that States and local entities should work with the National Conference of Commissioners on Uniform State Laws to develop a Streamlined Uniform Sales and Use Tax Act. Authorizes, and grants congressional consent for, States to enter into an Interstate Sales and Use Tax Compact. Stipulates that such authorization and consent shall terminate if the Compact has not been formed by a certain date. Authorizes States to administer a single uniform statewide use tax rate for all remote sales under specified circumstances. Expresses the sense of Congress that States and local entities should continue to work with the telecommunications industry to simplify and unify telecommunications taxes. Makes a conforming amendment to the Trade Act of 1974 and other Federal law.

Internet Tax Simplification Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Families and Small Business Energy Tax Relief Act of 2008''. SEC. 2. TEMPORARY REFUNDABLE CREDIT AGAINST INCOME TAX FOR NATURAL GAS, HEATING OIL, AND PROPANE COSTS OF INDIVIDUALS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: ``SEC. 6431. TEMPORARY REFUNDABLE CREDIT AGAINST INCOME TAX FOR NATURAL GAS, HEATING OIL, AND PROPANE COSTS OF INDIVIDUALS. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to the lesser of-- ``(1) 50 percent of the amount of the taxpayer's residential energy costs for such taxable year, or ``(2) $750 ($1,500 in the case of a joint return). ``(b) Income Limitation.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for any taxable year (without regard to this subsection) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable as-- ``(A) the excess (if any) of the taxpayer's adjusted gross income over $75,000 ($150,000 in the case of a joint return), bears to ``(B) $10,000 ($20,000 in the case of a joint return). ``(2) Determination of adjusted gross income.--For purposes of paragraph (1), adjusted gross income shall be determined without regard to sections 911, 931, and 933. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Residential energy costs.--The term `residential energy costs' means the amount paid or incurred by the taxpayer during the taxable year-- ``(A) to any utility for natural gas used in the principal residence of the taxpayer during the heating season, and ``(B) for heating oil or propane for use in the principal residence of the taxpayer. ``(2) Principal residence.--The term `principal residence' has the meaning given to such term by section 121. ``(3) Heating season.--The term `heating season' means September, October, November, December, January, February, and March. ``(4) Special rules.--This section shall not apply to fuel used in-- ``(A) any residence located outside the United States, or ``(B) any residence which is not the taxpayer's principal place of abode throughout the heating season. ``(d) Other Special Rules.-- ``(1) Individuals paying on level payment basis.--Amounts paid for natural gas under a level payment plan for any period shall be treated as paid for natural gas used during the portion (if any) of the heating season during such period to the extent of the amount charged for natural gas used during such portion of the heating season. ``(2) Homeowners associations, etc.--This section shall apply to homeowners associations (as defined in section 528(c)(1)), members of such associations, and tenant- stockholders in cooperative housing corporations (as defined in section 216) under regulations prescribed by the Secretary. ``(3) Treatment as refundable credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits). ``(e) Application of Section.--This section shall apply to amounts paid or incurred during 2008 or 2009.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or 6428 or'' and inserting ``, 6428, 6431, or''. (2) 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. 6431. Temporary refundable credit against income tax for natural gas, heating oil, and propane costs of individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2007. SEC. 3. TEMPORARY CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES, FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by inserting after section 45P the following new section: ``SEC. 45Q. TEMPORARY CREDIT FOR SMALL BUSINESSES, FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS. ``(a) Allowance of Credit.--For purposes of section 38, the fuel cost credit determined under this section is an amount equal to 15 percent of the amount paid or incurred by the taxpayer during the taxable year for any creditable fuel used in any trade or business of the taxpayer if-- ``(1) such trade or business is-- ``(A) a farming business (as defined by section 263A(e)(4)), or ``(B) commercial fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)), or ``(2) such taxpayer is a small business. ``(b) Small Business.--For purposes of this section, the term `small business' means a corporation or partnership which meets the gross receipts test of section 448(c) for the taxable year (or, in the case of a sole proprietorship, which would meet such test if such proprietorship were a corporation), except that such section shall be applied by substituting `$20,000,000' for `$5,000,000' in each place it appears. ``(c) Creditable Fuel.--The term `creditable fuel' means-- ``(1) gasoline, ``(2) diesel fuel, ``(3) heating oil, ``(4) propane, and ``(5) natural gas. ``(d) Application of Section.--This section shall apply to amounts paid or incurred during 2008 or 2009.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following: ``(34) the fuel cost credit determined under section 45Q(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45P the following new item: ``Sec. 45Q. Temporary credit for small businesses, farmers, and fishermen to offset high fuel costs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2007. SEC. 4. MODIFICATIONS OF CREDIT FOR NONBUSINESS ENERGY PROPERTY. (a) Credit Made Permanent.--Section 25C of the Internal Revenue Code of 1986 (relating to nonbusiness energy property) is amended by striking subsection (g). (b) Increased Credit for Qualified Oil Furnaces; Increase in Lifetime Limitation.-- (1) Qualified oil furnaces.--Paragraph (3) of section 25C(b) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by striking subparagraph (B) and inserting the following new subparagraphs: ``(B) $150 for any qualified natural gas or propane furnace or hot water boiler, ``(C) $1,500 for any qualified oil furnace, and''. (2) Lifetime limitation.--Paragraph (1) of section 25C(b) of such Code is amended by striking ``$500'' and inserting ``$4,000''. (c) Increased Credit for Energy-Efficient Building Property.-- Subparagraph (D) of section 25C(b)(3) of such Code, as redesigned by subsection (b), is amended by striking ``$300'' and inserting ``$500''. (d) Increased in Credit Percentage for Building Envelope Components.--Paragraph (1) of section 25C(a) of such Code is amended by striking ``10 percent'' and inserting ``25 percent''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. (2) Subsection (a).--The amendment made by subsection (a) shall apply to property placed in service after December 31, 2007. SEC. 5. OUTREACH AND WEATHERIZATION ASSISTANCE. Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624) is amended by adding at the end the following new subsection: ``(m)(1) There are authorized to be appropriated to the Secretary, in addition to amounts authorized under section 2602, for each fiscal year-- ``(A) $204,000,000 for outreach activities described in subsection (b)(3); and ``(B) $766,000,000 for weatherization and repair activities described in subsection (k). ``(2) In any fiscal year for which amounts are appropriated pursuant to this subsection, no amounts appropriated for carrying out this title other than such amounts appropriated pursuant to this subsection may be used for the activities described in paragraph (1)(A) and (B).''.

Families and Small Business Energy Tax Relief Act of 2008 - Amends the Internal Revenue Code to allow an individual taxpayer an income-based refundable tax credit for the lesser of 50% of such taxpayer's residential energy costs for a taxable year or $750 ($1,500 for married taxpayers filing jointly). Defines "residential energy costs" as amounts paid in 2008 or 2009: (1) to any utility for natural gas used in the taxpayer's principal residence during the heating season (September through March); and (2) for heating oil or propane. Allows a certain small farming or commercial fishing businesses (gross receipts of not more than $20 million) a tax credit for up to 15% of amounts paid in 2008 or 2009 for gasoline, diesel fuel, heating oil, propane, and natural gas. Increases and makes permanent the tax credit for nonbusiness energy property expenditures. Amends the Low-Income Home Energy Assistance Act of 1981 to authorize additional appropriations for outreach activities to inform eligible households of available energy-related assistance and for residential weatherization and repair activities for low-income households.

To amend the Internal Revenue Code of 1986 to allow individuals a temporary refundable credit for the cost of natural gas, home heating oil, and propane, to allow small businesses, farmers, and fishermen a credit for motor and other fuel costs, and to increase the credit for nonbusiness energy property and make it permanent, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Boxing Safety Act of 1996''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Boxer.--The term ``boxer'' means an individual who fights in a professional boxing match. (2) Boxing commission.--(A) The term ``boxing commission'' means an entity authorized under State law to regulate professional boxing matches. (3) Boxer registry.--The term ``boxer registry'' means any entity certified by the Association of Boxing Commissions for the purposes of maintaining records and identification of boxers. (4) Licensee.--The term ``licensee'' means an individual who serves as a trainer, second, or cut man for a boxer. (5) Manager.--The term ``manager'' means a person who receives compensation for service as an agent or representative of a boxer. (6) Matchmaker.--The term ``matchmaker'' means a person that proposes, selects, and arranges the boxers to participate in a professional boxing match. (7) Physician.--The term ``physician'' means a doctor of medicine legally authorized to practice medicine by the State in which the physician performs such function or action. (8) Professional boxing match.--The term ``professional boxing match'' means a boxing contest held in the United States between individuals for financial compensation. Such term does not include a boxing contest that is regulated by an amateur sports organization. (9) Promoter.--The term ``promoter'' means the person primarily responsible for organizing, promoting, and producing a professional boxing match. (10) State.--The term ``State'' means each of the 50 States, Puerto Rico, the District of Columbia, and any territory or possession of the United States. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to improve and expand the system of safety precautions that protects the welfare of professional boxers; and (2) to assist State boxing commissions to provide proper oversight for the professional boxing industry in the United States. SEC. 4. BOXING MATCHES IN STATES WITHOUT BOXING COMMISSIONS. No person may arrange, promote, organize, produce, or fight in a professional boxing match held in a State that does not have a boxing commission unless the match is supervised by a boxing commission from another State and subject to the most recent version of the recommended regulatory guidelines certified and published by the Association of Boxing Commissions as well as any additional relevant professional boxing regulations and requirements of such other State. SEC. 5. SAFETY STANDARDS. No person may arrange, promote, organize, produce, or fight in a professional boxing match without meeting each of the following requirements or an alternative requirement in effect under regulations of a boxing commission that provides equivalent protection of the health and safety of boxers: (1) A physical examination of each boxer by a physician certifying whether or not the boxer is physically fit to safely compete, copies of which must be provided to the boxing commission. (2) Except as otherwise expressly provided under regulation of a boxing commission promulgated subsequent to the enactment of this Act, an ambulance or medical personnel with appropriate resuscitation equipment continuously present on site. (3) A physician continuously present at ringside. (4) Health insurance for each boxer to provide medical coverage for any injuries sustained in the match. SEC. 6. REGISTRATION. (a) Requirements.--Each boxer shall register with-- (1) the boxing commission of the State in which such boxer resides; or (2) in the case of a boxer who is a resident of a foreign country, or a State in which there is no boxing commission, the boxing commission of any State that has such a commission. (b) Identification Card.-- (1) Issuance.--A boxing commission shall issue to each professional boxer who registers in accordance with subsection (a), an identification card that contains each of the following: (A) A recent photograph of the boxer. (B) The social security number of the boxer (or, in the case of a foreign boxer, any similar citizen identification number or professional boxer number from the country of residence of the boxer). (C) A personal identification number assigned to the boxer by a boxing registry. (2) Renewal.--Each professional boxer shall renew his or her identification card at least once every 2 years. (3) Presentation.--Each professional boxer shall present his or her identification card to the appropriate boxing commission not later than the time of the weigh-in for a professional boxing match. SEC. 7. REVIEW. (a) Procedures.--Each boxing commission shall establish each of the following procedures: (1) Procedures to evaluate the professional records and physician's certification of each boxer participating in a professional boxing match in the State, and to deny authorization for a boxer to fight where appropriate. (2) Procedures to ensure that, except as provided in subsection (b), no boxer is permitted to box while under suspension from any boxing commission due to-- (A) a recent knockout or series of consecutive losses; (B) an injury, requirement for a medical procedure, or physician denial of certification; (C) failure of a drug test; or (D) the use of false aliases, or falsifying, or attempting to falsify, official identification cards or documents. (3) Procedures to review a suspension where appealed by a boxer, including an opportunity for a boxer to present contradictory evidence. (4) Procedures to revoke a suspension where a boxer-- (A) was suspended under subparagraph (A) or (B) of paragraph (2) of this subsection, and has furnished further proof of a sufficiently improved medical or physical condition; or (B) furnishes proof under subparagraph (C) or (D) of paragraph (2) that a suspension was not, or is no longer, merited by the facts. (b) Suspension in Another State.--A boxing commission may allow a boxer who is under suspension in any State to participate in a professional boxing match-- (1) for any reason other than those listed in subsection (a) if such commission notifies in writing and consults with the designated official of the suspending State's boxing commission prior to the grant of approval for such individual to participate in that professional boxing match; or (2) if the boxer appeals to the Association of Boxing Commissions, and the Association of Boxing Commissions determines that the suspension of such boxer was without sufficient grounds, for an improper purpose, or not related to the health and safety of the boxer or the purposes of this Act. SEC. 8. REPORTING. Not later than 48 business hours after the conclusion of a professional boxing match, the supervising boxing commission shall report the results of such boxing match and any related suspensions to each boxer registry. SEC. 9. CONFLICTS OF INTEREST. No member or employee of a boxing commission, no person who administers or enforces State boxing laws, and no member of the Association of Boxing Commissions may belong to, contract with, or receive any compensation from, any person who sanctions, arranges, or promotes professional boxing matches or who otherwise has a financial interest in an active boxer currently registered with a boxer registry. For purposes of this section, the term ``compensation'' does not include funds held in escrow for payment to another person in connection with a professional boxing match. The prohibition set forth in this section shall not apply to any contract entered into, or any reasonable compensation received, by a boxing commission to supervise a professional boxing match in another State as described in section 4. SEC. 10. ENFORCEMENT. (a) Injunctions.--Whenever the Attorney General of the United States has reasonable cause to believe that a person is engaged in a violation of this Act, the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order, against the person, as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional boxing match in violation of this Act. (b) Criminal Penalties.-- (1) Managers, promoters, matchmakers, and licensees.--Any manager, promoter, matchmaker, and licensee who knowingly violates, or coerces or causes any other person to violate, any provision of this Act shall, upon conviction, be imprisoned for not more than 1 year or fined not more than $20,000, or both. (2) Conflict of interest.--Any member or employee of a boxing commission, any person who administers or enforces State boxing laws, and any member of the Association of Boxing Commissions who knowingly violates section 9 of this Act shall, upon conviction, be imprisoned for not more than 1 year or fined not more than $20,000, or both. (3) Boxers.--Any boxer who knowingly violates any provision of this Act shall, upon conviction, be fined not more than $1,000. SEC. 11. NOTIFICATION OF SUPERVISING BOXING COMMISSION. Each promoter who intends to hold a professional boxing match in a State that does not have a boxing commission shall, not later than 14 days before the intended date of that match, provide written notification to the supervising boxing commission designated under section 4. Such notification shall contain each of the following: (1) Assurances that, with respect to that professional boxing match, all applicable requirements of this Act will be met. (2) The name of any person who, at the time of the submission of the notification-- (A) is under suspension from a boxing commission; and (B) will be involved in organizing or participating in the event. (3) For any individual listed under paragraph (2), the identity of the boxing commission that issued the suspension described in paragraph (2)(A). SEC. 12. STUDIES. (a) Pension.--The Secretary of Labor shall conduct a study on the feasibility and cost of a national pension system for boxers, including potential funding sources. (b) Health, Safety and Equipment.--The Secretary of Health and Human Services shall conduct a study to develop recommendations for health, safety, and equipment standards for boxers and for professional boxing matches. (c) Reports.--Not later than one year after the date of enactment of this Act, the Secretary of Labor shall submit a report to the Congress on the findings of the study conducted pursuant to subsection (a). Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Congress on the findings of the study conducted pursuant to subsection (b). SEC. 13. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN RESERVATIONS. (a) Definitions.--For purposes of this section, the following definitions shall apply: (1) Indian tribe.--The term ``Indian tribe'' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (2) Reservation.--The term ``reservation'' means the geographically defined area over which a tribal organization exercises governmental jurisdiction. (3) Tribal organization.--The term ``tribal organization'' has the same meaning as in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(l)). (b) Requirements.-- (1) In general.--Notwithstanding any other provision of law, a tribal organization of an Indian tribe may, upon the initiative of the tribal organization-- (A) regulate professional boxing matches held within the reservation under the jurisdiction of that tribal organization; and (B) carry out that regulation or enter into a contract with a boxing commission to carry out that regulation. (2) Standards and licensing.--If a tribal organization regulates professional boxing matches pursuant to paragraph (1), the tribal organization shall, by tribal ordinance or resolution, establish and provide for the implementation of health and safety standards, licensing requirements, and other requirements relating to the conduct of professional boxing matches that are at least as restrictive as-- (A) the otherwise applicable standards and requirements of a State in which the reservation is located; or (B) the most recently published version of the recommended regulatory guidelines certified and published by the Association of Boxing Commissions. SEC. 14. RELATIONSHIP WITH STATE LAW. Nothing in this Act shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act, or criminal, civil, or administrative fines for violations of such laws or regulations. SEC. 15. EFFECTIVE DATE. The provisions of this Act shall take effect on January 1, 1997, except as follows: (1) Section 9 shall not apply to an otherwise authorized boxing commission in the Commonwealth of Virginia until July 1, 1998. (2) Sections 5 through 9 shall take effect on July 1, 1997. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Professional Boxing Safety Act of 1996 - Prohibits any person from arranging, promoting, organizing, producing, or fighting in a professional boxing match held in a State that has no boxing commission unless the match is: (1) supervised by a commission from another State; and (2) subject to the most recent Association of Boxing Commissions (ABC) guidelines, as well as any additional relevant professional regulations and requirements of such other State. Requires, for any professional boxing match: (1) a physical examination of each boxer to determine fitness to compete; (2) the presence of an ambulance or medical personnel and a physician on site; and (3) health insurance coverage for each boxer. (Sec. 6) Requires each professional boxer to register with the commission of the State in which such boxer resides or, in the case of a boxer who is a resident of a foreign country or a State in which there is no such commission, the commission of any other State. Directs a commission to issue to each registering boxer an identification card that contains a recent photograph, a social security or similar identification number, and a personal identification number assigned by a boxing registry. (Sec. 7) Directs each commission to establish procedures to: (1) evaluate the professional records and physician's certification of each boxer participating in a match in the State and to deny fight authorization where appropriate; (2) ensure that no boxer is permitted to box while under suspension from any commission due to a recent knockout or series of consecutive losses, an injury, a required medical procedure, a physician denial of certification, failure of a drug test, or use of false aliases, identification cards, or documents; (3) review a suspension when appealed by a boxer; and (4) revoke a suspension where appropriate proof is presented that a suspension was not, or is no longer, merited by the facts. Authorizes a commission to allow a boxer who is under suspension in any State to participate in a boxing match: (1) for any reason other than those listed above if such commission notifies the suspending commission in writing prior to its approval; or (2) if the boxer appeals to the ABC and the ABC determines that the suspension was without sufficient grounds, for an improper purpose, or not related to the boxer's health or safety or the purposes of this Act. (Sec. 8) Requires the supervising commission, within 48 business hours after the conclusion of a fight, to report fight results and any related suspensions to each boxer registry. (Sec. 9) Outlines conflict-of-interest requirements for commission members or employees, persons who administer or enforce State boxing laws, and members of the ABC. (Sec. 10) Authorizes the Attorney General to bring a civil action against persons in violation of this Act for appropriate relief, including match injunctions. Prescribes criminal penalties for violations of this Act. (Sec. 11) Requires each promoter who intends to hold a match in a State that does not have a boxing commission, at least 14 days before such fight, to provide written notification to the supervising boxing authority containing: (1) assurances that the requirements of this Act will be met; and (2) the identity of any participating fighter who is under suspension from a boxing commission and the identity of such commission. (Sec. 12) Requires a study by: (1) the Secretary of Labor on the feasibility and cost of a national pension system for boxers; and (2) the Secretary of Health and Human Services to develop recommendations for health, safety, and equipment standards for boxers and matches. (Sec. 13) Authorizes an Indian tribal organization to regulate, or enter into a contract for a boxing commission to regulate, matches held on a reservation. Requires a tribal organization that regulates its own matches to establish and implement health and safety standards, licensing, and related requirements that are at least as restrictive as: (1) the standards of the State in which the reservation is located; or (2) the most recent ABC guidelines.

Professional Boxing Safety Act of 1996

SECTION 1. MEDICAID COVERAGE FOR PATIENT NAVIGATOR SERVICES. (a) State Plan Requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (82)(C), by striking ``and'' at the end; (2) in paragraph (83), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (83) the following: ``(84) provide that the State shall reimburse an eligible entity (as such term is defined in subsection (ll)(1)) for any patient navigator service (as such term is defined in subsection (ll)(3)) that is-- ``(A) provided to an individual who is eligible for medical assistance under the State plan; and ``(B) provided by a patient navigator (as such term is defined in subsection (ll)(2)) through the eligible entity.''. (b) Patient Navigator Services Definitions.--Section 1902 of the Social Security Act is amended by adding at the end the following: ``(ll) Patient Navigator Services Definitions.--For purposes of subsection (a)(84): ``(1) Eligible entity.--The term `eligible entity' means an entity that-- ``(A) is an eligible entity (as such term is defined in section 340A(l)(1) of the Public Health Service Act); and ``(B) complies with the following requirements of section 340A of the Public Health Service Act: ``(i) Subsection (b) (relating to patient navigator duties and community knowledge). ``(ii) Subsection (c) (relating to prohibitions). ``(iii) Subsection (e) (relating to applications). ``(iv) Subsection (j)(3) (relating to reports). ``(2) Patient navigator.-- ``(A) In general.--The term `patient navigator' has the meaning given such term in section 340A(l)(3) of the Public Health Service Act. ``(B) Consultation.-- ``(i) In general.--The Secretary shall consult with the patient navigation advisory committee to the extent necessary to further clarify the definition of the term `patient navigator' for purposes of subsection (a)(84), including establishing requirements to ensure adequate training for such navigators, such as developing a training curriculum. ``(ii) Membership.--The Secretary shall convene a patient navigation advisory committee and the members of such committee shall include-- ``(I) representatives from relevant Federal departments and agencies, including the National Institutes of Health, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and the Centers for Medicare & Medicaid Services; and ``(II) individuals and representatives of public and private organizations with expertise in patient navigation. ``(3) Patient navigator services.--The term `patient navigator service' means a service that is a duty specified under paragraphs (1) through (6) of subsection (b) of section 340A of the Public Health Service Act and that is provided by a patient navigator (as defined in section 340A(l)(3) of the Public Health Service Act), through an eligible entity.''. (c) Treatment as Medical Assistance for Purposes of FMAP.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) in paragraph (28), by striking ``and'' at the end; (2) by redesignating paragraph (29) as paragraph (30); and (3) by inserting after paragraph (28) the following: ``(29) patient navigator services (as such term is defined in section 1902(ll)(3)) that are provided in a manner that meets the requirements of section 1902(a)(84); and''. (d) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made this section shall apply to patient navigator services provided after the first day of the first calendar year that begins after the date of enactment of this Act. (2) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this Act, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement 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 enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.

Amends title XIX (Medicaid) of the Social Security Act to require a state Medicaid plan to provide for state reimbursement of an eligible entity for any patient navigator service provided to a Medicaid-eligible individual. Includes within the definition of "medical assistance" certain patient navigator services defined under the Public Health Service Act (PHSA) as assisting in specified ways individuals who are at risk for or who have cancer or other chronic diseases. Treats as eligible entities those identified under PHSA as public or nonprofit private health centers (including federally qualified health centers), health facilities operated by or pursuant to a contract with the Indian Health Service, hospitals, cancer centers, rural health clinics, academic health centers, or nonprofit entities that enter into a partnership or coordinate referrals with such a center, clinic, facility, or hospital to provide patient navigator services.

To provide payment for patient navigator services under title XIX of the Social Security Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Market Prison Industries Reform Act of 1998''. SEC. 2. GENERAL PROVISIONS RELATING TO STRUCTURE AND FUNCTION OF FEDERAL PRISON INDUSTRIES. Title 18, United States Code, is amended by striking sections 4121 through 4122 and inserting the following: ``Sec. 4121. Definitions ``In this section-- ``(1) the term `industry' means an endeavor that utilizes incarcerated persons to produce one or more goods or provide one or more services, or both; ``(2) the term `product' includes services; ``(3) the term `prisoner contributions' means an amount which shall be used for-- ``(A) payment of fines and restitution owed by the prisoner pursuant to court order; ``(B) reasonable charges for room and board, as determined under rules made by the Attorney General; ``(C) allocations for support of the inmate's family pursuant to statute, court order, or agreement by the inmate; and ``(D) contributions, of not less than 5 percent but not more than 20 percent of the fee paid on account of the inmate, to any fund established by law to compensate the victims of crime; ``(4) the term `assembled good' means a good which is the result of the assembly of fabricated goods, as such terms are defined in 19 CFR 10.11 et seq.; and ``(5) the term `foreign-made good' means a good that the Director of Bureau of Labor Statistics determines is a product of which 95% or more of the amount sold in the United States is fabricated in a foreign place. ``Sec. 4122. Administration of Federal Prison Industries ``(a)(1) Federal Prison Industries is established as a Government corporation of the District of Columbia. ``(2) Federal Prison Industries shall be administered by a board of 7 directors appointed by the President to serve at the will of the President without compensation. The President, in appointing such directors, shall consider for appointment a person recommended by each of the following: ``(A) The Speaker of the House of Representatives. ``(B) The minority leader of the House of Representatives. ``(C) The majority leader of the Senate. ``(D) The minority leader of the Senate. ``(b) Federal Prison Industries shall provide industries operated as a Limited Sales Project, Private Sector Project, or a Prison Industry Enhancement Project. The goal of such industries shall be to generate the greatest amount of prisoner contributions as is reasonably possible and provide employment for the greatest number as is reasonably possible of those inmates who are eligible to work who are-- ``(1) in the custody of the Bureau of Prisons; ``(2) convicted by general courts martial and confined in any institution within the jurisdiction of any department or agency comprising the Department of Defense, to the extent and under terms and conditions agreed upon by the Secretary of Defense, the Attorney General, and Federal Prison Industries; or ``(3) confined in any penal or correctional institution of the District of Columbia to the extent and under terms and conditions agreed upon by the District of Columbia Department of Corrections, the Attorney General, and Federal Prison Industries. ``(c) Federal Prison Industries shall so conduct its operations so that it realizes annual positive net revenues. ``(d) Federal Prison Industries shall avoid capturing more than a reasonable share of the market among Federal departments, agencies, and institutions for any specific product of a Limited Sales Project. ``(e)(1) Any department or agency of the Department of Defense may, without exchange of funds, transfer to Federal Prison Industries any property or equipment suitable for use in performing the functions and duties covered by agreement entered into under subsection (b)(2). ``(2) The Department of Corrections of the District of Columbia may, without exchange of funds, transfer to the Federal Prison Industries any property or equipment suitable for use in performing the functions and duties covered by an agreement entered into under subsection (b)(3). ``(f) Nothing in this chapter shall prohibit any industry from offering for sale on the open market-- ``(1) assembled goods; or ``(2) foreign-made goods.''. ``(g) Federal Prison Industries is not required to comply with the Competition in Contracting Act of 1984 or with the Federal Acquisition Regulations. ``(h) Federal Prison Industries may provide vocational training for qualified inmates without regard to their Federal Prison Industries work or other assignments.''. SEC. 3. EXISTING INDUSTRIES. Chapter 307 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4130. Limited Sales Projects ``(a) Any industry not operated as a Private Sector Project or a Prison Industry Enhancement Project shall be operated as a Limited Sales Project. ``(b) An industry operated as a Limited Sales Project shall-- ``(A) sell its products only to-- ``(i) the Federal Government; ``(ii) State and local governmental entities; or ``(iii) outside the United States; ``(B) be operated directly by Federal Prison Industries; and ``(C) be located in a facility provided by the Bureau of Prisons. SEC. 4. NEW INDUSTRIES. (a) In General.--Chapter 307 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4131. Private Sector Projects ``(a) Except as provided in subsection (g), each industry located at a facility activated by the Attorney General on or after the date which is one year after the date of the enactment of the Prison Industries Reform Act of 1998 shall be operated as a Private Sector Project. Each industry located at a facility that was activated before that date may be operated as a Private Sector Project. ``(b) An industry operated as a Private Sector Project shall-- ``(1) sell its products generally on the open market; ``(2) be operated by a private person under a contract with Federal Prison Industries for the use of prison labor; and ``(3) be located in a facility operated by the Bureau of Prisons or a private person under a contract with the Attorney General, or elsewhere as may be determined by the Attorney General. ``(c) Except as otherwise provided in this section, Federal Prison Industries shall enter into a contract with a private person to operate the Private Sector Project on terms beneficial to the mission of Federal Prison Industries. The contract shall include a provision for payment of a fee for the use of the services of the inmates working in that Project. ``(d) Before entering into a contract with a private person under subsection (c), Federal Prison Industries shall prepare and make public a notice soliciting private persons to submit bids for the contract. Federal Prison Industries shall submit that notice to the committees on the judiciary of the House of Representatives and the Senate on or before the date such notice is made public. ``(e) When reviewing bids submitted by a private person to operate and manage a Private Sector Project, Federal Prison Industries shall give preferences to private persons who propose to use the Private Sector Project for operations that otherwise would be located in a foreign place, unless Federal Prison Industries determines that other bids are of greater benefit to the mission of Federal Prison Industries. ``(f) The Attorney General may determine the portion of any compensation paid by the private person pursuant to a contract under subsection (c) that will be distributed as wages to inmates who work in the industry. The remainder of such compensation shall be retained by Federal Prison Industries and distributed as prisoner contributions in accordance with section 4133. ``(g) If Federal Prison Industries is unable to enter into a contract with a private person with respect to a Private Sector Project within 18 months after the latter of the date on which notice is given pursuant to subsection (d) or on which the Attorney General activates the facility at which the industry is to be located, Federal Prison Industries may operate that industry as a Prison Industry Enhancement Project. ``Sec. 4132. Prison Industry Enhancement Projects ``(a) Each industry that is in operation on the day which is one year after the date of the enactment of the Prison Industries Reform Act of 1998 and located at a facility activated before such day may be operated as a Prison Industry Enhancement Project. Any industry described in section 4131(g) and which Federal Prison Industries determines will not be operated as a Private Sector Project shall be operated as a Prison Industry Enhancement Project. ``(b) An industry operated as a Prison Industry Enhancement Project' shall-- ``(1) sell its products generally on the open market; ``(2) be operated by Federal Prison Industries; and ``(3) be located in a facility operated by the Bureau of Prisons or a private person under a contract with the Attorney General. ``(c) The Attorney General may determine the portion of the net revenues of the Prison Enhancement Project to be distributed as wages to inmates who work in the industry. The remainder of such revenue shall be retained by Federal Prison Industries and distributed as prisoner contributions in accordance with section 4133. ``(d) Not later than 2 years after the date of the enactment of the Prison Industries Reform Act of 1998, Federal Prison Industries shall operate not less than 5 industries existing on such date as Private Sector Projects or Prison Industry Enhancement Projects. Not later than 3 years after such date, Federal Prison Industries shall operate not less than 20 such industries as Private Sector Projects or Prison Industry Enhancement Projects.''. (b) Elimination of Old Provision Respecting New Industries.--Title 18, United States Code, is amended by striking section 4123. SEC. 5. CONFORMING AMENDMENTS. (a) Mandatory Source Requirement.--Section 4124 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The'' and inserting ``Except as otherwise provided by law, the''; (B) by inserting ``(in each of the executive, legislative, and judicial branches)'' after ``United States''; and (C) by striking ``the industries'' and inserting ``Limited Sales Projects''; (2) in subsection (d), by striking ``products and services'' and inserting ``products of Limited Sales Projects''; and (3) by adding at the end the following: ``(e)(1) Subsection (a) does not require the purchase by Federal entities of any assembled goods. ``(2) Subsection (a) does not require the purchase by Federal entities of any foreign-made goods. ''. (b) Prison Industries Fund.--Section 4126(c) of title 18, United States Code, is amended-- (1) by inserting ``(in an amount not greater than that provided in chapter 81 of title 5)'' after ``operations, and compensation''; (2) by striking the period at the end of paragraph (4) and inserting a semicolon; (3) by striking the matter in subsection (c) that follows paragraph (4) and inserting the following: ``(5) in paying, under rules and regulations promulgated by the Attorney General, prisoner contributions.''. SEC. 6 CLERICAL AMENDMENTS. The table of sections for chapter 307 of title 18, United States Code, is amended-- (1) so that the item relating to section 4121 reads as follows: ``4121. Definitions.''. (2) by striking the item relating to section 4123; and (3) by inserting after the item relating to section 4129 the following new items: ``4130. Limited Sales Projects. ``4131. Private Sector Projects. ``4132. Prison Industry Enhancement Projects.''. SEC. 7. MODIFICATION OF PROHIBITION ON SALES OF PRISONER-MADE PRODUCTS. Section 1761 of title 18, United States Code, is amended by striking subsections (b) through (d) and inserting the following: ``(b)(1) This section does not apply to good, wares, or merchandise manufactured or produced, or services provided, by inmates at an industry-- ``(A) provided by Federal Prison Industries; or ``(B) provided by a State, unless-- ``(i) the industry is operated by a person other than the State; and ``(ii) after September 30, 2008, the State does not have in effect any requirement that the departments and agencies of the State purchase a portion of their requirements for products produced by any industry provided by that State. ``(2) As used in this subsection, the term `State' means a State of the United States and any commonwealth, territory, or possession of the United States.''. SEC. 8. STUDY OF FOREIGN-MADE GOODS. The Director of the Bureau of Labor Statistics shall make a initial determination of those goods (described by Standard Industrial Product Code published by the Office of Management and Budget) of which 95 percent or more of the amount sold in the United States are fabricated in a foreign place. The Director shall report that determination to Congress, not later than 180 days after the date of the enactment of the Prison Industries Reform Act of 1998. SEC. 9. RESTRUCTURING. (a) Plan.--The Attorney General shall, not later than one year after the date of the enactment of this Act, develop and submit to Congress a plan, together with any recommendations for any necessary implementing legislation, for restructuring Federal Prison Industries. The plan shall provide-- (1) for the reduction in the use of Limited Sales Projects measured as a percentage of the total sales of Federal Prison Industries (or any successor) by 40 percent before the end of the 5-year period beginning on the date of the enactment of this Act; (2) except as provided in subsection (b)-- (A) for the phase out of the use of Limited Sales Projects by September 30, 2008; and (B) for the phase out of the use of Prison Industry Enhancement Projects by September 30, 2013; (3) the creation of a non-governmental entity to succeed to the rights and obligations of Federal Prison Industries; (b) Alternate Provisions of Plan.-- (1) Generally.--The plan may provide that if the number of inmates employed in industries provided by Federal Prison Industries 3 years after the submission date is less than the number of inmates so employed on the submission date, then-- (A) the 40 percent reduction described in subsection (a)(1) is not required and Limited Sales Projects may also be used to provide industries after September 30, 2008, but to no greater extent (measured as a percentage of the total sales of Federal Prison Industries (or any successor)) than used on the submission date; and (B) Prison Industry Enhancement Projects may also be used to provide industries after September 30, 2013. (2) Definition.--as used in this subsection, the term ``submission date'' is the date the plan is submitted to Congress under subsection (a). (c) Implementation of Plan.--To the extent the plan may be implemented without the enactment of legislation, the plan shall go into effect 180 days after the date of its submission to Congress, unless Congress shall by law otherwise provide.

Free Market Prison Industries Reform Act of 1998 - Amends the Federal criminal code to revise provisions governing Federal Prison Industries (FPI). Directs that FPI: (1) be administered by a board of seven directors appointed by the President; (2) provide industries operated as a Limited Sales Project, Private Sector Project, or Prison Industry Enhancement Project, aimed at generating the greatest amount of prisoner contributions and providing employment for the greatest number possible of inmates who are eligible to work and in the custody of the Bureau of Prisons, convicted by general courts martial and confined in an institution under Department of Defense jurisdiction, or confined in a District of Columbia penal or correctional institution; and (3) conduct its operations so that it realizes annual positive net revenues. Allows any such prison industry to offer for sale on the open market assembled or foreign-made goods. Exempts FPI from compliance with the Competition in Contracting Act of 1984 or with the Federal Acquisition Regulations. (Sec. 3) Requires any prison industry not operated as a Private Sector Project or a Prison Industry Enhancement Project to be operated as a Limited Sales Project, which shall: (1) sell its products only to the Federal Government, State and local governmental entities, or outside the United States; (2) be operated directly by FPI; and (3) be located in a facility provided by the Bureau of Prisons. (Sec. 4) Requires each industry located at a facility activated by the Attorney General one year or more after this Act's enactment to be operated as a Private Sector Project, with an exception. Permits each industry located at a facility that was activated before that date to be operated as a Private Sector Project. Directs that such a Project: (1) sell its products generally on the open market; (2) be operated by a private person under a contract with FPI for the use of prison labor; and (3) be located in a facility operated by the Bureau of Prisons or a private person under a contract with the Attorney General, or elsewhere as may be determined by the Attorney General. Requires FPI: (1) to enter into a contract with a private person to operate the Private Sector Project on terms beneficial to FPI's mission, including provision for payment for the use of the services of the inmates working in that Project; (2) before entering into such contract, to prepare and make public a notice soliciting private persons to submit bids; and (3) when reviewing bids, to give preference to private persons who proposed to use the Project for operations that otherwise would be located abroad, with an exception. Allows each industry that is in operation one year after this Act's enactment and located at a facility activated before such date to be operated as a Prison Industry Enhancement Project, which shall: (1) sell its products generally on the open market; (2) be operated by FPI; and (3) be located in a facility operated by the Bureau of Prisons or a private person under a contract with the Attorney General. Requires FPI, not later than: (1) two years after this Act's enactment date, to operate not fewer than five industries existing on such date as Private Sector Projects or Prison Industry Enhancement Projects; and (2) three years after such date, to operate not fewer than 20 such industries as Private Sector Projects or Prison Industry Enhancement Projects. (Sec. 7) Rewrites provisions regarding the prohibition on sales of prisoner-made products. Makes such prohibition inapplicable to goods, wares, or merchandise manufactured or produced, or services provided, by inmates at an industry provided by FPI, or by a State, unless: (1) the industry is operated by a person other than the State; and (2) after September 30, 2008, the State does not have in effect any requirement that State departments and agencies purchase a portion of their requirements from products produced by any State prison industry. (Sec. 8) Requires the Director of the Bureau of Labor Statistics to make an initial determination of those goods of which 95 percent or more of the amount sold in the United States are fabricated in a foreign place. (Sec. 9) Directs the Attorney General to develop and submit to the Congress a plan for restructuring FPI that provides for: (1) the phasing out of the use of Limited Sales Projects and of Prison Industry Enhancement Projects by September 30 of 2008 and 2013, respectively; and (2) the creation of a non-governmental entity to succeed Federal Prison Industries.

Free Market Prison Industries Reform Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Designation of Foreign Terrorist Organizations Reform Act''. SEC. 2. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS. (a) Period of Designation.--Section 219(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is amended-- (1) in subparagraph (A)-- (A) by striking ``Subject to paragraphs (5) and (6), a'' and inserting ``A''; and (B) by striking ``for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B)'' and inserting ``until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c)''; (2) by striking subparagraph (B) and inserting the following: ``(B) Review of designation upon petition.-- ``(i) In general.--The Secretary shall review the designation of a foreign terrorist organization under the procedures set forth in clauses (iii) and (iv) if the designated organization files a petition for revocation within the petition period described in clause (ii). ``(ii) Petition period.--For purposes of clause (i)-- ``(I) if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or ``(II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition. ``(iii) Procedures.--Any foreign terrorist organization that submits a petition for revocation under this subparagraph must provide evidence in that petition that the relevant circumstances described in paragraph (1) have changed in such a manner as to warrant revocation with respect to the organization. ``(iv) Determination.-- ``(I) In general.--Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Secretary shall make a determination as to such revocation. ``(II) Classified information.--The Secretary may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). ``(III) Publication of determination.--A determination made by the Secretary under this clause shall be published in the Federal Register. ``(IV) Procedures.--Any revocation by the Secretary shall be made in accordance with paragraph (6).''; and (3) by adding at the end the following: ``(C) Other review of designation.-- ``(i) In general.--If in a 4-year period no review has taken place under subparagraph (B), the Secretary shall review the designation of the foreign terrorist organization in order to determine whether such designation should be revoked pursuant to paragraph (6). ``(ii) Procedures.--If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The results of such review and the applicable procedures shall not be reviewable in any court. ``(iii) Publication of results of review.-- The Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register.''. (b) Aliases.--Section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection (b): ``(b) Amendments to a Designation.-- ``(1) In general.--The Secretary may amend a designation under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another organization. ``(2) Procedure.--Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall also apply to an amended designation. ``(3) Administrative record.--The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments. ``(4) Classified information.--The Secretary may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c).''. (c) Technical and Conforming Amendments.--Section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) is amended-- (1) in subsection (a)-- (A) in paragraph (3)(B), by striking ``subsection (b)'' and inserting ``subsection (c)''; (B) in paragraph (6)(A)-- (i) in the matter preceding clause (i), by striking ``or a redesignation made under paragraph (4)(B)'' and inserting ``at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4)''; and (ii) in clause (i), by striking ``or redesignation''; (C) in paragraph (7), by striking ``, or the revocation of a redesignation under paragraph (6),''; and (D) in paragraph (8)-- (i) by striking ``, or if a redesignation under this subsection has become effective under paragraph (4)(B),''; and (ii) by striking ``or redesignation''; and (2) in subsection (c), as so redesignated-- (A) in paragraph (1), by striking ``of the designation in the Federal Register,'' and all that follows through ``review of the designation'' and inserting ``in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated organization may seek judicial review''; (B) in paragraph (2), by inserting ``, amended designation, or determination in response to a petition for revocation'' after ``designation''; (C) in paragraph (3), by inserting ``, amended designation, or determination in response to a petition for revocation'' after ``designation''; and (D) in paragraph (4), by inserting ``, amended designation, or determination in response to a petition for revocation'' after ``designation'' each place that term appears. (d) Savings Provision.--For purposes of applying section 219 of the Immigration and Nationality Act on or after the date of enactment of this Act, the term ``designation'', as used in that section, includes all redesignations made pursuant to section 219(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the date of enactment of this Act, and such redesignations shall continue to be effective until revoked as provided in paragraph (5) or (6) of section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). SEC. 3. INCLUSION IN ANNUAL DEPARTMENT OF STATE COUNTRY REPORTS ON TERRORISM OF INFORMATION ON TERRORIST GROUPS THAT SEEK WEAPONS OF MASS DESTRUCTION AND GROUPS THAT HAVE BEEN DESIGNATED AS FOREIGN TERRORIST ORGANIZATIONS. (a) Inclusion in Reports.--Section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is amended-- (1) in subsection (a)(2)-- (A) by inserting ``any terrorist group known to have obtained or developed, or to have attempted to obtain or develop, weapons of mass destruction,'' after ``during the preceding five years,''; and (B) by inserting ``any group designated by the Secretary as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189),'' after ``Export Administration Act of 1979,''; (2) in subsection (b)(1)(C)(iii), by striking ``and'' at the end; (3) in subsection (b)(1)(C)-- (A) by redesignating clause (iv) as clause (v); and (B) by inserting after clause (iii) the following new clause: ``(iv) providing weapons of mass destruction, or assistance in obtaining or developing such weapons, to terrorists or terrorist groups; and''; and (4) in subsection (b)(2)-- (A) by redesignating subparagraphs (C), (D), and (E) as (D), (E), and (F), respectively; and (B) by inserting after subparagraph (B) the following new subparagraph: ``(C) efforts by those groups to obtain or develop weapons of mass destruction;''. (b) Effective Date.--The amendments made by subsection (a) shall apply beginning with the first report under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), submitted more than one year after the date of the enactment of this Act.

Designation of Foreign Terrorist Organizations Reform Act - Amends the Immigration and Nationality Act (INA) to revise requirements authorizing the Secretary to designate an organization as a foreign terrorist organization. Makes designations effective until revoked or set aside (currently effective for two years, subject to revocation). Sets forth procedures requiring the Secretary to review the designation of a foreign terrorist organization upon the organization's filing a petition for revocation within two years after such designation. Requires the Secretary to review a designation if no review has taken place within a four-year period. Authorizes the Secretary to amend a designation. Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require the inclusion in the State Department's Country Reports on Terrorism of: (1) information concerning specified terrorist groups that are known to have obtained or developed weapons of mass destruction (WMDs) or that are designated as foreign terrorist organizations under the INA; and (2) to the extent feasible, information concerning countries that have assisted terrorists in obtaining or developing WMDs.

To amend the Immigration and Nationality Act to modify provisions relating to designation of foreign terrorist organizations, to amend the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, to include in annual Department of State country reports on terrorism information on terrorist groups that seek weapons of mass destruction and groups that have been designated as foreign terrorist organizations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Barrier Resources Reauthorization Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Otherwise protected area.--The term ``otherwise protected area'' has the meaning given the term in section 12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101-591). (2) Pilot project.--The term ``pilot project'' means the digital mapping pilot project authorized under section 6 of the Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note; Public Law 106-514). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) System unit.--The term ``System unit'' has the meaning given the term in section 3 of the Coastal Barrier Resources Act (16 U.S.C. 3502). SEC. 3. DIGITAL MAPPING PILOT PROJECT FINALIZATION. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report regarding the digital maps of the System units and otherwise protected areas created under the pilot project. (b) Consultation.--The Secretary shall prepare the report required under subsection (a)-- (1) in consultation with the Governors of the States in which any System units and otherwise protected areas are located; and (2) after-- (A) providing an opportunity for the submission of public comments; and (B) considering any public comments submitted under subparagraph (A). (c) Contents.--The report required under subsection (a) shall contain-- (1) the final recommended digital maps created under the pilot project; (2) recommendations for the adoption of the digital maps by Congress; (3) a summary of the comments received from the Governors of the States, other government officials, and the public regarding the digital maps; (4) a summary and update of the protocols and findings of the report required under section 6(d) of the Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note; Public Law 106- 514); and (5) an analysis of any benefits that the public would receive by using digital mapping technology for all System units and otherwise protected areas. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $500,000 for each of fiscal years 2006 through 2007. SEC. 4. DIGITAL MAPPING PROJECT FOR THE REMAINING JOHN H. CHAFEE COASTAL BARRIER RESOURCES SYSTEM UNITS AND OTHERWISE PROTECTED AREAS. (a) In General.--The Secretary shall carry out a project to create digital versions of all of the John H. Chafee Coastal Barrier Resources System maps referred to in section 4(a) of the Coastal Barrier Resources Act (16 U.S.C. 3503(a)), including maps of otherwise protected areas, that were not included in the pilot project. (b) Data.-- (1) Use of existing data.--To the maximum extent practicable, in carrying out the project under this section, the Secretary shall use any digital spatial data in the possession of Federal, State, and local agencies, including digital orthophotos, color infrared photography, wetlands data, and property parcel data. (2) Provision of data by other agencies.--The head of a Federal agency that possesses any data referred to in paragraph (1) shall, on request of the Secretary, promptly provide the data to the Secretary at no cost. (3) Provision of data by non-federal agencies.--State and local agencies and any other non-Federal entities that possess data referred to in paragraph (1) are encouraged, on request of the Secretary, to promptly provide the data to the Secretary at no cost. (4) Additional data.--If the Secretary determines that any data necessary to carry out the project under this section does not exist, the Director of the United States Fish and Wildlife Service shall enter into an agreement with the Director of the United States Geological Survey under which the United States Geological Survey, in cooperation with the heads of other Federal agencies, as appropriate, shall obtain and provide to the Director of the United States Fish and Wildlife Service the data required to carry out this section. (5) Data standards.--All data used or created to carry out this section shall comply with-- (A) the National Spatial Data Infrastructure established by Executive Order No. 12906 (59 Fed. Reg. 17671); and (B) any other standards established by the Federal Geographic Data Committee established by the Office of Management and Budget circular numbered A-16. (c) Report.-- (1) In general.--Not later than 5 years after the submission of the report under section 3(a), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report regarding the digital maps created under this section. (2) Consultation.--The Secretary shall prepare the report required under paragraph (1)-- (A) in consultation with the Governors of the States in which the System units and otherwise protected areas are located; and (B) after-- (i) providing an opportunity for the submission of public comments; and (ii) considering any public comments submitted under clause (i). (3) Contents.--The report required under paragraph (1) shall contain-- (A) a description of the extent to which the boundary lines on the digital maps differ from the boundary lines on the original maps; (B) a summary of the comments received from Governors, other government officials, and the public regarding the digital maps created under this section; (C) recommendations for the adoption of the digital maps created under this section by Congress; (D) recommendations for expansion of the John H. Chafee Coastal Barrier Resources System and otherwise protected areas, as in existence on the date of enactment of this Act; (E) a summary and update on the implementation and use of the digital maps created under the pilot project; and (F) a description of the feasibility of, and the amount of funding necessary for-- (i) making all of the System unit and otherwise protected area maps available to the public in digital format; and (ii) facilitating the integration of digital System unit and otherwise protected area boundaries into Federal, State, and local planning tools. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2006 through 2010. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is amended by striking ``2001, 2002, 2003, 2004, and 2005'' and inserting ``2006 through 2010''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Coastal Barrier Resources Reauthorization Act of 2005 - Directs the Secretary of the Interior to report to Congress on the creation of digital maps of the John H. Chafee Coastal Barrier Resources System units and other protected areas under the digital mapping pilot project. Authorizes appropriations for FY2006-FY2007. Requires the Secretary to carry out a project to create digital versions of all the remaining John H. Chafee Coastal Barrier Resources System maps, including maps of protected areas not included in the pilot project. Authorizes appropriations for FY2006-FY2010.

A bill to reauthorize the Coastal Barrier Resources Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosthetics Parity Act of 2008''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) There are more than 1,800,000 people in the United States living with limb loss. (2) Every year, there are more than 130,000 people in the United States who undergo amputation procedures. (3) In addition, United States military personnel serving in Iraq and Afghanistan and around the world have sustained traumatic injuries resulting in amputation. (4) The number of amputations in the United States is projected to increase in the years ahead due to the rising incidence of diabetes and other chronic illness. (5) Those suffering from limb loss can and want to regain their lives as productive members of society. (6) Prosthetic devices enable amputees to continue working and living productive lives. (7) Insurance companies have begun to limit reimbursement of prosthetic equipment costs to unrealistic levels or not at all and often restrict coverage over an individual's lifetime, which shifts costs onto the Medicare and Medicaid programs. (8) Eleven States have addressed this problem and have prosthetic parity legislation. (9) Prosthetic parity legislation has been introduced and is being actively considered in 30 States. (10) The States in which prosthetic parity laws have been enacted have found there to be minimal or no increases in insurance premiums and have reduced Medicare and Medicaid costs. (11) Prosthetic parity legislation will not add to the size of government or to the costs associated with the Medicare and Medicaid programs. (12) If coverage for prosthetic devices and components are offered by a group health insurance policy, then providing such coverage of prosthetic devices on par with other medical and surgical benefits will not increase the incidence of amputations or the number of individuals for which a prosthetic device would be medically necessary and appropriate. (13) In States where prosthetic parity legislation has been enacted, amputees are able to return to a productive life, State funds have been saved, and the health insurance industry has continued to prosper. (14) Prosthetic services allow people to return more quickly to their preexisting work. (b) Purpose.--It is te purpose of this Act to require that each group health plan that provides both coverage for prosthetic devices and components and medical and surgical benefits, provide such coverage under terms and conditions that are no less favorable that the terms and conditions under which such benefits are provided for other benefits under such plan. SEC. 3. PROSTHETICS PARITY. (a) ERISA.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following: ``SEC. 714. PROSTHETICS PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that provides both medical and surgical benefits for prosthetic devices and components (as defined under subsection (d)(1))-- ``(1) such benefits for prosthetic devices and components under the plan (or coverage) shall be provided under terms and conditions that are no less favorable than the terms and conditions applicable to substantially all medical and surgical benefits provided under the plan (or coverage); ``(2) such benefits for prosthetic devices and components under the plan (or coverage) may not be subject to separate financial requirements (as defined in subsection (d)(2)) that are applicable only with respect to such benefits, and any financial requirements applicable to such benefits shall be no more restrictive than the financial requirements applicable to substantially all medical and surgical benefits provided under the plan (or coverage); and ``(3) any treatment limitations (as defined in subsection (d)(3)) applicable to such benefits for prosthetic devices and components under the plan (or coverage) may not be more restrictive than the treatment limitations applicable to substantially all medical and surgical benefits provided under the plan ( or coverage). ``(b) In Network and Out-of-Network Standards.-- ``(1) In general.--In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that provides both medical and surgical benefits and benefits for prosthetic devices and components, and that provides both in-network benefits for prosthetic devices and components and out-of-network benefits for prosthetic devices and components, the requirements of this section shall apply separately with respect to benefits under the plan (or coverage) on an in-network basis and benefits provided under the plan (or coverage) on an out-of-network basis. ``(2) Clarification.--Nothing in paragraph (1) shall be construed as requiring that a group health plan (or health insurance coverage offered in connection with a group health plan) eliminate an out-of-network provider option from such plan (or coverage) pursuant to the terms of the plan (or coverage). ``(c) Additional Requirements.-- ``(1) Prior authorization.--In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that requires, as a condition of coverage or payment for prosthetic devices and components under the plan (or coverage), prior authorization, such prior authorization must be required in the same manner as prior authorization is required by the plan (or coverage) as a condition of coverage or payment for all similar benefits provided under the plan (or coverage). ``(2) Limitation on mandated benefits.--Coverage for required benefits for prosthetic devices and components under this section shall be limited to coverage of the most appropriate device or component model that adequately meets the medical requirements of the patient, as determined by the treating physician of the patient involved. ``(3) Coverage for repair or replacement.--Benefits for prosthetic devices and components required under this section shall include coverage for the repair or replacement of prosthetic devices and components, if the repair or replacement is determined appropriate by the treating physician of the patient involved. ``(4) Annual or lifetime dollar limitations.--A group health plan (or health insurance coverage offered in connection with a group health plan) shall not impose any annual or lifetime dollar limitation on benefits for prosthetic devices and components required to be covered under this section unless such limitation applies in the aggregate to all medical and surgical benefits provided under the plan (or coverage) and benefits for prosthetic devices components. ``(d) Definitions.--In this section: ``(1) Prosthetic devices and components.--The term `prosthetic devices and components' means those devices and components that may be used to replace, in whole or in part, an arm or leg, as well as the services required to do so and includes external breast prostheses incident to mastectomy resulting from breast cancer. ``(2) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant or beneficiary with respect to benefits under the plan or health insurance coverage and also includes the application of annual and lifetime limits. ``(3) Treatment limitations.--The term `treatment limitations' includes limits on the frequency of treatment, number of visits, days of coverage, or other similar limits on the scope or duration of treatment.''. (2) Clerical amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 713 the following: ``Sec. 714. Prosthetics parity.''. (b) PHSA.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2707. PROSTHETICS PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that provides both medical and surgical benefits for prosthetic devices and components (as defined under subsection (d)(1))-- ``(1) such benefits for prosthetic devices and components under the plan (or coverage) shall be provided under terms and conditions that are no less favorable than the terms and conditions applicable to substantially all medical and surgical benefits provided under the plan (or coverage); ``(2) such benefits for prosthetic devices and components under the plan (or coverage) may not be subject to separate financial requirements (as defined in subsection (d)(2)) that are applicable only with respect to such benefits, and any financial requirements applicable to such benefits shall be no more restrictive than the financial requirements applicable to substantially all medical and surgical benefits provided under the plan (or coverage); and ``(3) any treatment limitations (as defined in subsection (d)(3)) applicable to such benefits for prosthetic devices and components under the plan (or coverage) may not be more restrictive than the treatment limitations applicable to substantially all medical and surgical benefits provided under the plan ( or coverage). ``(b) In Network and Out-of-Network Standards.-- ``(1) In general.--In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that provides both medical and surgical benefits and benefits for prosthetic devices and components, and that provides both in-network benefits for prosthetic devices and components and out-of-network benefits for prosthetic devices and components, the requirements of this section shall apply separately with respect to benefits under the plan (or coverage) on an in-network basis and benefits provided under the plan (or coverage) on an out-of-network basis. ``(2) Clarification.--Nothing in paragraph (1) shall be construed as requiring that a group health plan (or health insurance coverage offered in connection with a group health plan) eliminate an out-of-network provider option from such plan (or coverage) pursuant to the terms of the plan (or coverage). ``(c) Additional Requirements.-- ``(1) Prior authorization.--In the case of a group health plan (or health insurance coverage offered in connection with a group health plan) that requires, as a condition of coverage or payment for prosthetic devices and components under the plan (or coverage), prior authorization, such prior authorization must be required in the same manner as prior authorization is required by the plan (or coverage) as a condition of coverage or payment for all similar benefits provided under the plan (or coverage). ``(2) Limitation on mandated benefits.--Coverage for required benefits for prosthetic devices and components under this section shall be limited to coverage of the most appropriate device or component model that adequately meets the medical requirements of the patient, as determined by the treating physician of the patient involved. ``(3) Coverage for repair or replacement.--Benefits for prosthetic devices and components required under this section shall include coverage for the repair or replacement of prosthetic devices and components, if the repair or replacement is determined appropriate by the treating physician of the patient involved. ``(4) Annual or lifetime dollar limitations.--A group health plan (or health insurance coverage offered in connection with a group health plan) shall not impose any annual or lifetime dollar limitation on benefits for prosthetic devices and components required to be covered under this section unless such limitation applies in the aggregate to all medical and surgical benefits provided under the plan (or coverage) and benefits for prosthetic devices components. ``(d) Definitions.--In this section: ``(1) Prosthetic devices and components.--The term `prosthetic devices and components' means those devices and components that may be used to replace, in whole or in part, an arm or leg, as well as the services required to do so and includes external breast prostheses incident to mastectomy resulting from breast cancer. ``(2) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by an enrollee with respect to benefits under the plan or health insurance coverage and also includes the application of annual and lifetime limits. ``(3) Treatment limitations.--The term `treatment limitations' includes limits on the frequency of treatment, number of visits, days of coverage, or other similar limits on the scope or duration of treatment.''. (c) Effective Date.--The amendments made by this section shall apply with respect to group health plans (and health insurance coverage offered in connection with group health plans) for plan years beginning on or after the date of the enactment of this Act. SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES. (a) Assistance to Enrollees.--The Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall provide assistance to enrollees under plans or coverage to which the amendment made by section 3 apply with any questions or problems with respect to compliance with the requirements of such amendment. (b) Audits.--The Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall provide for the conduct of random audits of group health plans (and health insurance coverage offered in connection with such plans) to ensure that such plans (or coverage) are in compliance with the amendments made by section (3). (c) GAO Study.-- (1) Study.--The Comptroller General of the United States shall conduct a study that evaluates the effect of the implementation of the amendments made by this Act on the cost of the health insurance coverage, on access to health insurance coverage (including the availability of in-network providers), on the quality of health care, on benefits and coverage for prosthetics devices and components, on any additional cost or savings to group health plans, on State prosthetic devices and components benefit mandate laws, on the business community and the Federal Government, and on other issues as determined appropriate by the Comptroller General. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall prepare and submit to the appropriate committee of Congress a report containing the results of the study conducted under paragraph (1). (d) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall promulgate final regulations to carry out this Act and the amendments made by this Act.

Prosthetics Parity Act of 2008 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to require a group health plan that provides both medical and surgical benefits and benefits for prosthetic devices and components to provide prosthetics coverage under terms and conditions that are no less favorable than those applicable to substantially all medical and surgical benefits provided under the plan. Prohibits the prosthetics benefit from being subject to separate or more restrictive financial requirements or more restrictive treatment limitations. Applies the requirements of this Act separately with respect to in-network and out-of-network benefits. Requires a group health plan to apply the same prior authorization requirements to the prosthetics benefit as apply for all similar benefits under the plan. Limits the required prosthetics benefit to the most appropriate device or component that adequately meets the medical requirements of the patient. Includes repair or replacement of prosthetic devices and components within such coverage. Prohibits a group health plan from imposing any annual or lifetime dollar limitation on benefits for prosthetic devices and components required to be covered under this Act that is not applied in the aggregate to all medical and surgical benefits provided under the plan. Requires the Secretary of Labor to: (1) assist enrollees with any questions or problems regarding compliance with the requirements of this Act; and (2) conduct random audits of group health plans to ensure compliance. Requires the Comptroller General to evaluate the effects of this Act, including on the cost of and access to heath insurance coverage.

A bill to amend the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to provide parity under group health plans and group health insurance coverage for the provision of benefits for prosthetic devices and components and benefits for other medical and surgical services.

SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHARTER. The American GI Forum of the United States, a nonprofit corporation organized under the laws of the State of New Mexico, is recognized as such and granted a Federal charter. SEC. 2. POWERS. The American GI Forum of the United States (in this Act referred to as the ``corporation'') shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State of New Mexico and subject to the laws of the State of New Mexico. SEC. 3. PURPOSES. The purposes of the corporation are those provided in its bylaws and articles of incorporation and shall include the following: (1) To secure the blessing of American democracy at every level of local, State, and national life for all United States citizens. (2) To uphold and defend the Constitution and the United States flag. (3) To foster and perpetuate the principles of American democracy based on religious and political freedom for the individual and equal opportunity for all. (4) To foster and enlarge equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin. (5) To encourage greater participation of the ethnic minority represented by the corporation in the policy-making and administrative activities of all departments, agencies, and other governmental units of local and State governments and the Federal Government. (6) To combat all practices of a prejudicial or discriminatory nature in local, State, or national life which curtail, hinder, or deny to any United States citizen an equal opportunity to develop full potential as an individual. (7) To foster and promote the broader knowledge and appreciation by all United States citizens of their cultural heritage and language. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State of New Mexico and those States in which it carries on its activities in furtherance of its corporate purposes. SEC. 5. MEMBERSHIP. Except as provided in section 8(g), eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws and articles of incorporation of the corporation. SEC. 6. BOARD OF DIRECTORS. Except as provided in section 8(g), the composition of the board of directors of the corporation and the responsibilities of the board shall be as provided in the bylaws and articles of incorporation of the corporation and in conformity with the laws of the State of New Mexico. SEC. 7. OFFICERS. Except as provided in section 8(g), the positions of officers of the corporation and the election of members to such positions shall be as provided in the bylaws and articles of incorporation of the corporation and in conformity with the laws of the State of New Mexico. SEC. 8. RESTRICTIONS. (a) Income and Compensation.--No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection may be construed to prevent the payment of reasonable compensation to the officers and employees of the corporation or reimbursement for actual and necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation may not make any loan to any member, officer, director, or employee of the corporation. (c) Issuance of Stock and Payment of Dividends.--The corporation may not issue any shares of stock or declare or pay any dividends. (d) Disclaimer of Congressional or Federal Approval.--The corporation may not claim the approval of Congress or the authorization of the Federal Government for any of its activities by virtue of this Act. (e) Corporate Status.--The corporation shall maintain its status as a corporation organized and incorporated under the laws of the State of New Mexico. (f) Corporate Function.--The corporation shall function as an educational, patriotic, civic, historical, and research organization under the laws of the State of New Mexico. (g) Nondiscrimination.--In establishing the conditions of membership in the corporation and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, disability, age, or national origin. SEC. 9. LIABILITY. The corporation shall be liable for the acts of its officers, directors, employees, and agents whenever such individuals act within the scope of their authority. SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. (a) Books and Records of Account.--The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. (b) Names and Addresses of Members.--The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. (c) Right To Inspect Books and Records.--All books and records of the corporation may be inspected by any member having the right to vote in any proceeding of the corporation, or by any agent or attorney of such member, for any proper purpose at any reasonable time. (d) Application of State Law.--This section may not be construed to contravene any applicable State law. SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end the following: ``(80) American GI Forum of the United States.''. SEC. 12. ANNUAL REPORT. The corporation shall annually submit to Congress a report concerning the activities of the corporation during the preceding fiscal year. The annual report shall be submitted on the same date as the report of the audit required by reason of the amendment made in section 11. The annual report shall not be printed as a public document. SEC. 13. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to Congress. SEC. 14. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER. If the corporation fails to maintain its status as a corporation exempt from taxation as provided in the Internal Revenue Code of 1986 the charter granted in this Act shall terminate. SEC. 15. TERMINATION. The charter granted in this Act shall expire if the corporation fails to comply with any of the provisions of this Act. SEC. 16. DEFINITION OF STATE. For purposes of this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

Grants a Federal charter to the American GI Forum of the United States (a nonprofit organization organized under the laws of New Mexico).

To grant a Federal charter to the American GI Forum of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``People for the Planet Act of 2008''. SEC. 2. TAX CHECK-OFF FOR ENVIRONMENT PRESERVATION. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO ENVIRONMENTAL PROTECTION TRUST FUND ``Sec. 6098. Designation to Environmental Protection Trust Fund. ``SEC. 6098. DESIGNATION TO ENVIRONMENTAL PROTECTION TRUST FUND. ``(a) In General.--Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $3 or more may designate that $3 shall be paid over to the Environmental Protection Trust Fund in accordance with the provisions of section 9511. In the case of a joint return of husband and wife having an adjusted income tax liability of $6 or more, each spouse may designate that $3 shall be paid to the fund. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature.'' (b) Environmental Protection Trust Fund.--Subchapter A of chapter 98 of such Code (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. ENVIRONMENTAL PROTECTION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Environmental Protection Trust Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Environmental Protection Trust Fund amounts equivalent to the amounts designated under section 6098. ``(c) Expenditures.--Amounts in the Environmental Protection Trust Fund shall be available, as provided in appropriation Acts, only for purposes of ecosystem restoration, reforestation, reclaiming timber roads in national forests, watershed protection, preservation of Great Lakes and other bodies of water and rivers, funding for biodiversity partnerships, and for such other purposes as the Environmental Protection Trust Fund Board recommends.''. (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of Income Tax Payments to Environmental Protection Trust Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9511. Environmental Protection Trust Fund.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (e) Environmental Protection Trust Fund Board.-- (1) Establishment.--There is established the Environmental Protection Trust Fund Board (in this subsection referred to as the ``Board''). (2) Functions.--The Board shall-- (A) recommend Federal agency activities and non- Federal projects for funding with amounts appropriated from the Environmental Protection Trust Fund established by section 9511 of the Internal Revenue Code of 1986 (as amended by this section); and (B) Monitor use of amounts appropriated from the Environmental Protection Trust Fund. (3) Membership.--The membership of the Board shall consist of the following individuals (or their designees): (A) The Secretary of the Interior. (B) The Administrator of the Environmental Protection Agency. (C) The Director of the Council on Environmental Quality. (D) The Speaker of the House of Representatives. (E) The majority leader of the House of Representatives. (F) The minority leader of the House of Representatives. (G) The President Pro Tempore of the Senate. (H) The majority leader of the Senate. (I) The minority leader of the Senate. SEC. 3. SPECIAL RULE FOR CONTRIBUTIONS OF QUALIFIED CONSERVATION CONTRIBUTIONS MADE PERMANENT. (a) In General.-- (1) Individuals.--Subparagraph (E) of section 170(b)(1) of the Internal Revenue Code of 1986 (relating to contributions of qualified conservation contributions) is amended by striking clause (vi). (2) Corporations.--Subparagraph (B) of section 170(b)(2) of such Code (relating to qualified conservation contributions) is amended by striking clause (iii). (b) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2007. SEC. 4. 100 PERCENT DEDUCTION FOR REFORESTATION EXPENDITURES TO REPLACE AMORTIZATION. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 200. REFORESTATION EXPENDITURES. ``(a) Allowance of Deduction.--In the case of any qualified timber property with respect to which the taxpayer has made (in accordance with regulations prescribed by the Secretary) an election under this subsection, there shall be allowed as a deduction for the taxable year an amount equal to the reforestation expenditures paid or incurred by the taxpayer during such year with respect to such property. ``(b) Qualified Timber Property.--The term `qualified timber property' means a woodlot or other site located in the United States which will contain trees in significant commercial quantities and which is held by the taxpayer for the planting, cultivating, caring for, and cutting of trees for sale or use in the commercial production of timber products. ``(c) Reforestation Expenditures.-- ``(1) In general.--For purposes of this section, the term `reforestation expenditures' means direct costs incurred in connection with forestation or reforestation by planting or artificial or natural seeding, including costs-- ``(A) for the preparation of the site, ``(B) of seeds or seedlings, and ``(C) for labor and tools, including depreciation of equipment such as tractors, trucks, tree planters, and similar machines used in planting or seeding. ``(2) Cost-sharing programs.--Reforestation expenditures shall not include any expenditures for which the taxpayer has been reimbursed under any governmental reforestation cost- sharing program unless the amounts reimbursed have been included in the gross income of the taxpayer. ``(d) Life Tenant and Remainderman.--In the case of property held by one person for life with remainder to another person, the deduction under this section shall be computed as if the life tenant were the absolute owner of the property and shall be allowed to the life tenant.''. (b) Termination of Amortization of Reforestation Expenditures.-- Section 194 of such Code (relating to amortization of reforestation expenditures) is amended by adding at the end the following new subsection: ``(e) Termination.--This section shall not apply to any amount paid or incurred after the date of the enactment of this subsection.''. (c) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting at the end the following new item: ``Sec. 200. Reforestation expenditures.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 5. SENSE OF CONGRESS REGARDING BIODIVERSITY PARTNERSHIPS. It is the sense of Congress that-- (1) the Government of the United States should promote biodiversity partnerships in the United States and abroad to better protect our Earth; (2) such partnerships are already established, and there needs to be more involvement in such partnerships; (3) businesses and conservation organizations have formed compatible partnerships to achieve win-win biodiversity conservation solutions in the real world; (4) experienced nongovernmental organization teach others how to form partnerships in developing countries where biodiversity hotspots require swift action and local people need meaningful employment; (5) one of the most enlightening conversation partnerships is saving sea turtles and sea turtle habitat around the world; (6) these are models that should be implemented for other endangered populations; and (7) green enterprise is becoming the norm throughout the world, with scores of new private-public environmental partnerships being established daily, and the Government of the United States needs to encourage more companies and individuals to be involved in such efforts.

People for the Planet Act of 2008 - Amends the Internal Revenue Code to establish in the Treasury the Environmental Protection Trust Fund to promote ecosystem restoration, reforestation, reclamation of timber roads in national forests, watershed protection, preservation of Great Lakes and other bodies of water, and funding of biodiversity partnerships. Allows individual taxpayers (other than nonresident aliens) to designate on their income tax returns a payment of $3 of their income tax liability to such Trust Fund. Makes permanent the tax deduction for individual and corporate contributions of conservation easements. Allows a tax deduction for reforestation expenditures. Expresses the sense of Congress that the government should encourage biodiversity partnerships.

To amend the Internal Revenue Code of 1986 to promote environmental protection and generate preservation efforts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grant's Tomb National Memorial Act of 1994''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) Ulysses S. Grant has been heralded as a national hero by his contemporaries and by generations thereafter; (2) Ulysses S. Grant led the Union army to victory, bringing to an end the Civil War in 1865, assuring the preservation of the United States of America, and resulting in the emancipation of American slaves; (3) Ulysses S. Grant served as the 18th President of the United States from 1869 through 1877; (4) Ulysses S. Grant demonstrated his commitment to maintaining the rights of freed slaves by executing his authority as Commander in Chief to command Federal troops to protect the rights and freedoms of former slaves; and (5) Ulysses S. Grant demonstrated his commitment to rebuilding the Nation and restoring unity among the American people. (b) Purposes.--The purposes of this Act are-- (1) to pay tribute to Ulysses S. Grant; (2) to restore, complete, and preserve in perpetuity the Grant's Tomb National Memorial and surrounding areas which are of National historical significance in a manner consistent with the existing architectural, historical, and educational value of the memorial's original design and purpose; and (3) to educate present and future generations about the life of Ulysses S. Grant and his contributions to the United States. SEC. 3. REDESIGNATION OF MEMORIAL AND ADMINISTRATION OF GRANT'S TOMB NATIONAL MEMORIAL. (a) Redesignation.--General Grant National Memorial, located at Riverside Drive and West One Hundred and Twenty-Second Street in New York, New York, is hereby redesignated as Grant's Tomb National Memorial (hereafter in this Act referred to as the ``memorial''). (b) Area Included.--The memorial shall consist of the tomb of Ulysses S. Grant and the surrounding plaza area, as generally depicted on the map entitled ``Grant's Tomb National Memorial'' and dated April 27, 1994. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. (c) Administration.--The Secretary of the Interior (hereafter in this Act referred to as the ``Secretary'') shall administer, promote, preserve, restore, repair, and maintain the memorial in accordance with this Act and with the provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4). (d) Visitors Center.--(1) The Secretary shall design and construct a visitors center (including public restrooms) at the memorial to aid in the interpretation and maintain the historical significance of the memorial. (2) The visitors center shall-- (A) be established in consultation with the study commission established under section 5; and (B) be designed in a manner which is consistent with the existing architectural and historical intent of the site and which does not detract from the historical interpretation and the scenic views of the memorial and the existing park area. SEC. 4. LAND ACQUISITION; LEASE OR COOPERATIVE MANAGEMENT AGREEMENT. (a) Acquisition.--The Secretary shall acquire from the city of New York non-Federal lands located within the boundaries of the memorial as depicted on the map referred to in section 3(b) by donation, purchase with donated or appropriated funds, or exchange. (b) Lease or Cooperative Management Agreement.--The Secretary may lease non-Federal lands located within the boundary of the memorial or enter into a cooperative agreement for the management of such lands to carry out the purposes of this Act. SEC. 5. STUDY COMMISSION. (a) Establishment.--(1) The Secretary shall establish a study commission of seven persons within 60 days after the date of enactment of this Act which shall be composed of the president and at least three members of the executive committee of the Grant Monument Association, representatives of the community surrounding the memorial, and citizens with a unique knowledge or expertise relating to the memorial. No officer or employee of the Federal, State, or local government is eligible for membership on the study commission. (2) Members of the study commission shall serve without pay. (3) The members of the study commission shall designate a chair of the study commission. (4) Upon request of the study commission, the Secretary shall furnish on a reimbursable basis such administrative support services (including staff, supplies, and facilities) as necessary for the study commission to carry out its responsibilities under this Act. (b) Duties.--The study commission shall review security and maintenance at the memorial, as well as plan for interpretive programs and for the complete restoration of the memorial, and within 180 days after the date of their first meeting, submit a written report regarding their study to the Secretary. The report shall include proposed measures to improve security, maintenance, and interpretive programs, including such improvements as may be required to be carried out by April 27, 1997, which shall be based on the original plans of the architect of the tomb, John H. Duncan, and the plans of architect John Russell Pope, approved in 1928 by the Grant Monument Association. The report shall also include an estimate of the capital costs and general operating costs of implementing these proposed measures. Following the submission of the report to the Secretary, the study commission shall monitor the progress of the repairs being made to the Tomb, and shall, until the study commission's termination as provided herein, submit reports to the Secretary and the Congress on the progress of such repairs as the commission deems necessary. (c) Final Plan.--Not later than 90 days after the date on which the report is submitted to the Secretary under subsection (b), the Secretary shall review and evaluate the report and submit to the Congress a final plan for the projects at the memorial to be fully completed by April 27, 1997. Unless the Secretary reports to the Congress that specific aspects of the study commission's report are unreasonable; inconsistent with the existing architectural, historical, and educational intent of the site; detract from, distort, or otherwise compromise the historical interpretation or scenic views of the memorial; or conflict with the purpose of this Act as described in section 2(b), such final plan shall be entirely consistent with the study commission's report. The final plan shall contain designs for the site which are consistent with the existing architectural and historical intent of the site and do not detract from or distort the historical interpretation or scenic views of the memorial and the existing park area. (d) Meetings.--All meetings of the study commission shall be open to the public. Interested persons may attend such meetings, appear before the study commissions, or file statements related to the purposes of this Act with the study commission. (e) Termination; FACA.--(1) The study commission shall terminate no later than three years after the date that it is established. (2) The provisions of the Federal Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), do not apply to the study commission. SEC. 6. HONOR GUARD. The Secretary of the Interior in coordination with the Secretary of Defense, acting through the Secretary of the Army, shall provide no less than three military guards who shall protect the memorial and the site on a twenty-four hour basis every day in perpetuity, beginning no later than the start of implementation of the final plan referred to in section 5(c). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

Grant's Tomb National Memorial Act of 1994 - Redesignates General Grant National Memorial, located at Riverside Drive and West 122d Street, New York, New York, as Grant's Tomb National Memorial. Requires the Secretary of the Interior to: (1) design and construct a visitors center at the Memorial to aid in its interpretation and to maintain its historical significance; and (2) acquire from the city of New York non-Federal lands located within the boundaries of the Memorial. Authorizes the Secretary to lease such lands or enter into a cooperative agreement for the management of them. Requires the Secretary to establish a study commission to review security and maintenance at the Memorial as well as plan for interpretive programs and for the complete restoration of it and to submit a written report regarding such study to the Secretary. Directs the Secretary to: (1) submit a final plan for such projects consistent with such report to the Congress; and (2) in coordination with the Secretary of Defense, acting through the Secretary of the Army, to provide at least three military guards to protect the Memorial and the Site on a 24-hour basis every day in perpetuity. Authorizes appropriations.

Grant's Tomb National Memorial Act of 1994

SECTION 1. REDUCTION OF MAXIMUM CAPITAL GAINS RATES FOR INDIVIDUALS. (a) In General.--Section 1(h) of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of-- ``(A) a tax computed on taxable income reduced by the net capital gain, at the rates and in the same manner as if this subsection had not been enacted, ``(B) 7.5 percent of so much of the taxpayer's net capital gain (or, if less, taxable income) as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate of 15 percent or less, over ``(ii) the amount on which tax is determined under subparagraph (A), plus ``(C) 15 percent of the taxpayer's net capital gain (or, if less, taxable income) in excess of the amount of capital gain on which tax is determined under subparagraph (B). ``(2) Net capital gain taken into account as investment income.--For purposes of this subsection, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer elects to take into account as investment income for the taxable year under section 163(d)(4)(B)(iii).''. (b) Minimum Tax.--Subparagraph (A) of section 55(b)(1) of the Internal Revenue Code of 1986 (relating to amount of tentative tax) is amended by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and by inserting after clause (i) the following new clause: ``(ii) Maximum rate of tax on net capital gain.--The amount determined under the first sentence of clause (i) shall not exceed the sum of-- ``(I) the amount determined under such first sentence computed at the rates and in the same manner as if this clause had not been enacted on the taxable excess reduced by the net capital gain, plus ``(II) a tax of 15 percent of the lesser of the net capital gain or the taxable excess.'' (2) Conforming amendment.--Section 55(b) of such Code is amended by striking paragraph (3). (c) Conforming Amendments.-- (1) Paragraph (1) of section 1445(e) of the Internal Revenue Code of 1986 is amended by striking ``20 percent'' and inserting ``15 percent''. (2)(A) The second sentence of section 7518(g)(6)(A) is amended by striking ``20 percent'' and inserting ``15 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended by striking ``20 percent'' and inserting ``15 percent''. (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years ending after December 31, 2001. (2) Withholding.--The amendment made by subsection (c)(1) shall apply to amounts paid after the date of the enactment of this Act. SEC. 2. DECREASE IN HOLDING PERIOD REQUIRED FOR LONG-TERM CAPITAL GAIN TREATMENT. (a) In General.-- (1) Capital gain.--Paragraphs (1) and (3) of section 1222 of the Internal Revenue Code of 1986 (relating to other terms relating to capital gains and losses) are each amended by striking ``1 year'' and inserting ``1 month''. (2) Capital losses.--Paragraphs (2) and (4) of section 1222 of such Code are each amended by striking ``1 year'' and inserting ``1 month''. (b) Conforming Amendments.--The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``1 year'' each place it appears and inserting ``1 month'': (1) Section 166(d)(1)(B). (2) Section 422(a)(1). (3) Section 423(a)(1). (4) Section 584(c). (5) Subsections (b) and (c) of section 631. (6) Section 642(c)(3). (7) Paragraphs (1) and (2) of section 702(a). (8) Section 818(b)(1). (9) Section 852(b)(3)(B). (10) Section 857(b)(3)(B). (11) Paragraphs (11) and (12) of section 1223. (12) Section 1231. (13) Subsections (b), (d), and (e)(4)(A) of section 1233. (14) Section 1234(b)(1). (15) Section 1235(a). (16) Section 1246(a)(4). (17) Section 1247(i). (18) Subsections (b) and (g)(2)(C) of section 1248. (c) Technical Amendment.--The first sentence of section 631(a) of the Internal Revenue Code of 1986 is amended by striking ``for a period of more than one year'' and inserting ``on the first day of such year and for a period of more than 1 month before such cutting''. (d) Effective Date.--The amendments made by this section shall apply to dispositions after December 31, 2001.

Amends the Internal Revenue Code of 1986 to: (1) revise a specified formula in order to reduce the maximum capital gains rates for individuals; and (2) decrease from one year to one month the holding period required for long-term capital gain treatment.

A bill to amend the Internal Revenue Code of 1986 to reduce the maximum capital gains rates for individual taxpayers and to reduce the holding period for long-term capital gain treatment to 1 month, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Long-Term Care Partnership Act of 2005''. SEC. 2. ALLOWANCE OF ADDITIONAL STATE LONG-TERM CARE PARTNERSHIPS. (a) In General.--Section 1917(b) of the Social Security Act (42 U.S.C. 1396(b)) is amended-- (1) in paragraph (1)(C)(i), by striking ``shall seek adjustment'' and inserting ``may seek adjustment''; (2) in paragraph (1)(C)(ii), by inserting ``Qualified State Long-Term Care Insurance Partnership or under a'' after ``Clause (i) shall not apply in the case of an individual who received medical assistance under a''; and (3) in paragraph (4)(B), by striking ``(and shall include, in the case of an individual to whom paragraph (1)(C)(i) applies)''. (b) Definition of a Qualified State Long-Term Care Insurance Partnership.--Section 1917(e) of the Social Security Act (42 U.S.C. 1396p(e)) is amended by inserting at the end the following: ``(6) The term `Qualified State Long-Term Care Insurance Partnership' means a State plan amendment that provides for the disregard of any assets or resources in an amount equal to the insurance benefits payments that are made under a long-term care insurance policy (including a certificate issued under a group insurance contract), but only if-- ``(A) the policy covers an insured who, at the time coverage under the policy first becomes effective, is a resident of such State or of a State that maintains a Qualified Long-Term Care Insurance Partnership; ``(B) the policy is a qualified long-term care insurance contract within the meaning of section 7702B(b) of the Internal Revenue Code of 1986; ``(C) the policy provides some level of inflation protection; ``(D) the policy satisfies any requirements of State or other applicable law that apply to a long-term care insurance policy; and ``(E) the issuer of the policy reports-- ``(i) to the Secretary, such information or data as the Secretary may require; and ``(ii) to the State, the information or data reported to the Secretary (if any), the information or data required under the minimum reporting requirements developed under section 2(c)(1) of the State Long-Term Care Partnership Act of 2005, and such additional information or data as the State may require. For purposes of applying this paragraph, if a long-term care insurance policy is exchanged for another such policy, the date coverage became effective under the first policy shall determine when coverage first becomes effective.''. (c) Regulatory Authority.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this subsection and subsection (d) referred to as the ``Secretary''), in consultation with the National Association of Insurance Commissioners, issuers of long-term care insurance policies, States with experience with long-term care insurance partnership plans, and other States, shall develop the following requirements and standards: (1) Minimum, consistent reporting requirements.-- (A) In general.--Minimum reporting requirements for issuers of long-term care insurance policies under Qualified State Long-Term Care Insurance Partnerships that shall specify the data and information that each such issuer shall report to the State with which it has such a partnership. The requirements developed in accordance with this paragraph shall specify the type and format of the data and information to be reported and the frequency with which such reports are to be made. (B) State required data.--Nothing in subparagraph (A) shall be construed as prohibiting a State from requiring an issuer of a long-term care insurance policy sold in the State (regardless of whether the policy is issued under a Qualified State Long-Term Care Insurance Partnership) to require the issuer to report State information or data to the State that is in addition to the information or data required under the minimum reporting requirements developed under that subparagraph. (2) Reciprocity standards.--Standards for ensuring that long-term care insurance policies issued under a Qualified State Long-Term Care Insurance Partnership are portable to other States with such a partnership. (d) Consumer Education.--The Secretary shall establish procedures for educating consumers regarding Qualified State Long-Term Care Insurance Partnerships and long-term care insurance policies issued in connection with such partnerships. (e) Annual Reports to Congress.--The Secretary shall annually report to Congress on the Qualified State Long-Term Care Insurance Partnerships established in accordance with subsections (b)(1)(C)(ii) and (e)(6) of section 1917 of the Social Security Act (42 U.S.C. 1396p). (f) Effective Date.--The amendments made by subsections (a) and (b) take effect on October 1, 2005.

State Long-Term Care Partnership Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to provide for establishment of long-term care insurance partnerships between states and insurers (Qualified State Long-Term Care Insurance Partnerships (QSLTCIPs)). Defines a QSLTCIP as a state plan amendment that provides for the disregard of any assets or resources in an amount equal to the insurance benefits payments made under a long-term care insurance policy (including a certificate issued under a group insurance contract), but only if the policy meets certain requirements, including coverage of an insured who, at the time coverage first becomes effective, is a resident of such state or of a state that maintains a QSLTCIP. Directs the Secretary to establish procedures for educating consumers regarding QSLTCIPs and long-term care insurance policies issued in connection with them.

A bill to amend title XIX of the Social Security Act to facilitate the establishment of additional long-term care insurance partnerships between States and insurers in order to promote the use of long-term care insurance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop the Sequester Job Loss Now Act''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--BUDGET PROCESS AMENDMENTS TO REPLACE FISCAL YEAR 2013 SEQUESTRATION Sec. 101. Repeal and replace the 2013 sequester. Sec. 102. Protecting veterans programs from sequester. TITLE II--AGRICULTURAL SAVINGS Sec. 201. One-year extension of agricultural commodity programs, except direct payment programs. TITLE III--OIL AND GAS SUBSIDIES Sec. 301. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof. Sec. 302. Prohibition on using last-in, first-out accounting for major integrated oil companies. Sec. 303. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers. TITLE IV--THE BUFFETT RULE Sec. 401. Fair share tax on high-income taxpayers. TITLE V--SENSE OF THE HOUSE Sec. 501. Sense of the House on the need for a fair, balanced and bipartisan approach to long-term deficit reduction. TITLE I--BUDGET PROCESS AMENDMENTS TO REPLACE FISCAL YEAR 2013 SEQUESTRATION SEC. 101. REPEAL THE 2013 SEQUESTER AND DELAY THE 2014 SEQUESTER. (a) Calculation of Total Deficit Reduction and Allocation to Functions.--(1) Subparagraph (E) of section 251A(3) is amended to read as follows: ``(E) For fiscal year 2014, reducing the amount calculated under subparagraphs (A) through (D) by $27,500,000,000.''. (2) Paragraph (4) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended by striking ``On March 1, 2013, for fiscal year 2013, and in its sequestration preview report for fiscal years 2014 through 2021'' and inserting ``On January 2, 2014, for fiscal year 2014, and in its sequestration preview report for fiscal years 2015 through 2021''. (b) Defense and Nondefense Function Reductions.--Paragraphs (5) and (6) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking ``2013'' and inserting ``2014'' each place it appears. (c) Implementing Discretionary Reductions.--(1) Section 251A(7)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2013.--On January 2, 2013, for fiscal year 2013'' and inserting ``2014.--On January 2, 2014, for fiscal year 2014''. (2) Section 251A(7)(B) of such Act is amended by striking ``2014'' and inserting ``2015'' each place it appears. (d) Savings.--The savings set forth by the enactment of title II shall achieve the savings that would otherwise have occurred as a result of the sequestration under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 102. PROTECTING VETERANS PROGRAMS FROM SEQUESTER. Section 256(e)(2)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. TITLE II--AGRICULTURAL SAVINGS SEC. 201. ONE-YEAR EXTENSION OF AGRICULTURAL COMMODITY PROGRAMS, EXCEPT DIRECT PAYMENT PROGRAMS. (a) Extension.--Except as provided in subsection (b) and notwithstanding any other provision of law, the authorities provided by each provision of title I of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1651) and each amendment made by that title (and for mandatory programs at such funding levels), as in effect on September 30, 2013, shall continue, and the Secretary of Agriculture shall carry out the authorities, until September 30, 2014. (b) Termination of Direct Payment Programs.-- (1) Covered commodities.--The extension provided by subsection (a) shall not apply with respect to the direct payment program under section 1103 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713). (2) Peanuts.--The extension provided by subsection (a) shall not apply with respect to the direct payment program under section 1303 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7953). (c) Effective Date.--This section shall take effect on the earlier of-- (1) the date of the enactment of this Act; and (2) September 30, 2013. TITLE III--OIL AND GAS SUBSIDIES SEC. 301. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF. (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rule for certain oil and gas income.--In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term `domestic production gross receipts' shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after December 31, 2013. SEC. 302. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Major Integrated Oil Companies.--Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)(5)(B)) may not use the method provided in subsection (b) in inventorying of any goods.''. (b) Effective Date and Special Rule.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years ending after December 31, 2013. (2) Change in method of accounting.--In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year ending after December 31, 2013-- (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. SEC. 303. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. TITLE IV--THE BUFFETT RULE SEC. 401. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS ``SEC. 59B. FAIR SHARE TAX. ``(a) General Rule.-- ``(1) Phase-in of tax.--In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of-- ``(A) the amount determined under paragraph (2), and ``(B) a fraction (not to exceed 1)-- ``(i) the numerator of which is the excess of-- ``(I) the taxpayer's adjusted gross income, over ``(II) the dollar amount in effect under subsection (c)(1), and ``(ii) the denominator of which is the dollar amount in effect under subsection (c)(1). ``(2) Amount of tax.--The amount of tax determined under this paragraph is an amount equal to the excess (if any) of-- ``(A) the tentative fair share tax for the taxable year, over ``(B) the excess of-- ``(i) the sum of-- ``(I) the regular tax liability (as defined in section 26(b)) for the taxable year, ``(II) the tax imposed by section 55 for the taxable year, plus ``(III) the payroll tax for the taxable year, over ``(ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). ``(b) Tentative Fair Share Tax.--For purposes of this section-- ``(1) In general.--The tentative fair share tax for the taxable year is 30 percent of the excess of-- ``(A) the adjusted gross income of the taxpayer, over ``(B) the modified charitable contribution deduction for the taxable year. ``(2) Modified charitable contribution deduction.--For purposes of paragraph (1)-- ``(A) In general.--The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as-- ``(i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to ``(ii) such amount, determined before the application of section 68. ``(B) Taxpayer must itemize.--In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. ``(c) High-Income Taxpayer.--For purposes of this section-- ``(1) In general.--The term `high-income taxpayer' means, with respect to any taxable year, any taxpayer (other than a corporation) with an adjusted gross income for such taxable year in excess of $1,000,000 (50 percent of such amount in the case of a married individual who files a separate return). ``(2) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 2014, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. ``(d) Payroll Tax.--For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of-- ``(1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes are attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during the taxable year, over ``(2) the deduction allowable under section 164(f) for such taxable year. ``(e) Special Rule for Estates and Trusts.--For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). ``(f) Not Treated as Tax Imposed by This Chapter for Certain Purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55.''. (b) Conforming Amendment.--Section 26(b)(2) of such Code is amended by redesignating subparagraphs (C) through (X) as subparagraphs (D) through (Y), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 59B (relating to fair share tax),''. (c) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VII--Fair Share Tax on High-Income Taxpayers''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. TITLE V--SENSE OF THE HOUSE SEC. 501. SENSE OF THE HOUSE ON THE NEED FOR A FAIR, BALANCED AND BIPARTISAN APPROACH TO LONG-TERM DEFICIT REDUCTION. (a) The House finds that-- (1) every bipartisan commission has recommended--and the majority of Americans agree--that we should take a balanced, bipartisan approach to reducing the deficit that addresses both revenue and spending; and (2) sequestration is a meat-ax approach to deficit reduction that imposes deep and mindless cuts, regardless of their impact on vital services and investments. (b) It is the sense of the House that the Congress should replace the entire 10-year sequester established by the Budget Control Act of 2011 with a balanced approach that would increase revenues without increasing the tax burden on middle-income Americans, and decrease long-term spending while maintaining the Medicare guarantee, protecting Social Security and a strong social safety net, and making strategic investments in education, science, research, and critical infrastructure necessary to compete in the global economy.

Stop the Sequester Job Loss Now Act - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal the FY2013 sequester and reduce the FY2014 sequester. Eliminates the 2% maximum permissible reduction in budget authority for veterans' medical care. Extends through FY2014 agricultural commodity programs generally under the Food, Conservation, and Energy Act of 2008, but not the direct payment programs for wheat, corn, grain sorghum, barley, oats, upland cotton, long and medium grain rice, soybeans, other oilseeds, and peanuts. Amends the Internal Revenue Code, with respect to deductions from income, to set a special rule that a major integrated oil company's domestic production gross receipts shall not include any gross receipts from the production, refining, processing, transportation, or distribution of oil, natural gas, or any of their primary products. Prohibits a major integrated oil company from using the last-in, first-out (LIFO) accounting method in inventorying goods. Prescribes a special rule to limit the foreign tax credit and tax deferrals for amounts paid or accrued by a major integrated oil company that is a dual capacity taxpayer (a person subject to a levy of a foreign country or U.S. possession and receives, or will receive, directly or indirectly a specific economic benefit from such county or possession). Requires an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum (fair share) tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year. Declares that it is the sense of the House that Congress should replace the entire 10-year sequester established by the Budget Control Act of 2011 with a balanced approach that would: (1) increase revenues without increasing the tax burden on middle-income Americans; and (2) decrease long-term spending while maintaining the Medicare guarantee, protecting Social Security and a strong social safety net, and making strategic investments in education, science, research, and critical infrastructure necessary to compete in the global economy.

Stop the Sequester Job Loss Now Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Border Security Act of 2007''. SEC. 2. TECHNOLOGICAL ASSETS. (a) Increased Availability of Equipment.--The Secretary of Homeland Security and the Secretary of Defense shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary of Homeland Security in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration. (b) Report.--Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of Defense shall submit to Congress a report that contains-- (1) a description of the current use of Department of Defense equipment to assist the Secretary of Homeland Security in carrying out surveillance of the international land borders of the United States and assessment of the risks to citizens of the United States and foreign policy interests associated with the use of such equipment; (2) the plan developed under subsection (b) to increase the use of Department of Defense equipment to assist such surveillance activities; and (3) a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report. (c) Unmanned Aerial Vehicle Pilot Program.--During the 1-year period beginning on the date on which the report is submitted under subsection (b), the Secretary of Homeland Security shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States. (d) Construction.--Nothing in this section may be construed as altering or amending the prohibition on the use of any part of the Army or the Air Force as a posse comitatus under section 1385 of title 18, United States Code. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a). SEC. 3. INFRASTRUCTURE. (a) Construction of Border Control Facilities.--Subject to the availability of appropriations, the Secretary of Homeland Security shall construct all-weather roads and acquire additional vehicle barriers and facilities necessary to achieve operational control of the international borders of the United States. (b) Reports.--The Secretary of Homeland Security shall submit quarterly reports to the Congress on the progress made in carrying out subsection (a). (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a). SEC. 4. PORTS OF ENTRY. The Secretary of Homeland Security is authorized to-- (1) construct additional ports of entry along the international land borders of the United States, at locations to be determined by the Secretary of Homeland Security; and (2) make necessary improvements to the ports of entry in existence on the date of enactment of this Act. SEC. 5. SECURE COMMUNICATION. The Secretary of Homeland Security shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities-- (1) among all Border Patrol agents conducting operations between ports of entry; (2) between Border Patrol agents and their respective Border Patrol stations; (3) between Border Patrol agents and residents in remote areas along the international land borders of the United States; and (4) between all appropriate border security agencies of the Department and State, local, and tribal law enforcement agencies. SEC. 6. UNMANNED AERIAL VEHICLES. (a) Unmanned Aerial Vehicles and Associated Infrastructure.--The Secretary of Homeland Security shall acquire and maintain not fewer than 5 unmanned aerial vehicles and related equipment for use to patrol the international borders of the United States, including equipment such as-- (1) additional sensors; (2) critical spares; (3) satellite command and control; and (4) other necessary equipment for operational support. (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary of Homeland Security for each of the fiscal years 2008 and 2009 such sums as may be necessary to carry out subsection (a). (2) Availability of funds.--Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) are authorized to remain available until expended. SEC. 7. SURVEILLANCE TECHNOLOGIES PROGRAMS. (a) Aerial Surveillance Program.-- (1) In general.--In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary of Homeland Security, not later than 90 days after the date of enactment of this Act, shall develop and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico. The goal of the program shall be to ensure continuous monitoring of each mile of each such border. (2) Assessment and consultation requirements.--In developing the program under this subsection, the Secretary of Homeland Security shall-- (A) consider current and proposed aerial surveillance technologies; (B) assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats; (C) consult with the Secretary of Defense regarding any technologies or equipment, which the Secretary of Homeland Security may deploy along an international border of the United States; and (D) consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program. (3) Additional requirements.-- (A) In general.--The program developed under this subsection shall include the use of a variety of aerial surveillance technologies in a variety of topographies and areas, including populated and unpopulated areas located on or near an international border of the United States, in order to evaluate, for a range of circumstances-- (i) the significance of previous experiences with such technologies in border security or critical infrastructure protection; (ii) the cost and effectiveness of various technologies for border security, including varying levels of technical complexity; and (iii) liability, safety, and privacy concerns relating to the utilization of such technologies for border security. (4) Continued use of aerial surveillance technologies.--The Secretary of Homeland Security may continue the operation of aerial surveillance technologies while assessing the effectiveness of the utilization of such technologies. (5) Report to congress.--Not later than 180 days after implementing the program under this subsection, the Secretary of Homeland Security shall submit to Congress a report regarding such program. The Secretary of Homeland Security shall include in the report a description of such program together with any recommendations that the Secretary finds appropriate for enhancing the program. (6) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (b) Integrated and Automated Surveillance Program.-- (1) Requirement for program.--Subject to the availability of appropriations, the Secretary of Homeland Security shall establish a program to procure additional unmanned aerial vehicles, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a ``virtual fence'' along such international borders to provide a barrier to illegal immigration. Such program shall be known as the Integrated and Automated Surveillance Program. (2) Program components.--The Secretary shall ensure, to the maximum extent feasible, that-- (A) the technologies utilized in the Integrated and Automated Surveillance Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras in a manner where a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor; (B) cameras utilized in the Program do not have to be manually operated; (C) such camera views and positions are not fixed; (D) surveillance video taken by such cameras is able to be viewed at multiple designated communications centers; (E) a standard process is used to collect, catalog, and report intrusion and response data collected under the Program; (F) future remote surveillance technology investments and upgrades for the Program can be integrated with existing systems; (G) performance measures are developed and applied that can evaluate whether the Program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States; (H) plans are developed under the Program to streamline site selection, site validation, and environmental assessment processes to minimize delays of installing surveillance technology infrastructure; (I) standards are developed under the Program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible; and (J) standards are developed under the Program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary's mobility and ability to identify illegal border intrusions. (3) Report to congress.--Not later than 1 year after the initial implementation of the Integrated and Automated Surveillance Program, the Secretary of Homeland Security shall submit to Congress a report regarding the Program. The Secretary shall include in the report a description of the Program together with any recommendation that the Secretary finds appropriate for enhancing the program. (4) Evaluation of contractors.-- (A) Requirement for standards.--The Secretary of Homeland Security shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Program. (B) Review by the inspector general.-- (i) In general.--The Inspector General of the Department shall review each new contract related to the Program that has a value of more than $5,000,000 in a timely manner, to determine whether such contract fully complies with applicable cost requirements, performance objectives, program milestones, and schedules. (ii) Reports.--The Inspector General shall report the findings of each review carried out under clause (i) to the Secretary of Homeland Security in a timely manner. Not later than 30 days after the date the Secretary receives a report of findings from the Inspector General, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report of such findings and a description of any the steps that the Secretary has taken or plans to take in response to such findings. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. SEC. 8. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY PERSONNEL. (a) Inspectors and Agents.-- (1) Increase in inspectors and agents.--During fiscal year 2008, the Secretary of Homeland Security shall-- (A) increase the number of full-time agents and associated support staff in the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security by 400; and (B) increase the number of full-time inspectors and associated support staff in the Bureau of Customs and Border Protection by 600. (2) Waiver of fte limitation.--The Secretary is authorized to waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security to fulfill the requirements of paragraph (1). (b) Training.--The Secretary shall provide appropriate training for agents, inspectors, and associated support staff of the Department of Homeland Security on an ongoing basis to utilize new technologies and to ensure that the proficiency levels of such personnel are acceptable to protect the borders of the United States. SEC. 9. NATIONAL BORDER SECURITY PLAN. (a) Requirement for Plan.--Not later than January 31 of each year, the Secretary of Homeland Security shall prepare a National Border Security Plan and submit such plan to the Congress. (b) Consultation.--In preparing the plan required in subsection (a), the Secretary shall consult with the Under Secretary for Information Analysis and Infrastructure Protection and the Federal, State, and local law enforcement agencies and private entities that are involved in international trade across the northern border or the southern border. (c) Vulnerability Assessment.-- (1) In general.--The plan required in subsection (a) shall include a vulnerability assessment of each port of entry located on the northern border or the southern border. (2) Port security coordinators.--The Secretary may establish 1 or more port security coordinators at each port of entry located on the northern border or the southern border-- (A) to assist in conducting a vulnerability assessment at such port; and (B) to provide other assistance with the preparation of the plan required in subsection (a).

America's Border Security Act of 2007 - Sets forth border security and enforcement provisions, including provisions respecting: (1) use of Department of Defense (DOD) surveillance equipment, including unmanned aerial vehicles (UAVs); (2) road and barrier construction; (3) ports of entry construction; (4) communications enhancements; (5) aerial surveillance programs; (6) personnel increases; and (7) a national border security plan.

To assist the Secretary of Homeland Security in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recycling Information Clearinghouse Act of 1993''. SEC. 2. FINDINGS AND OBJECTIVES. (a) Findings.--Section 1002(c) of the Solid Waste Disposal Act (42 U.S.C. 6901(c)) is amended by striking out ``and'' in paragraph (2), by striking out the period in paragraph (3) and inserting ``; and'', and by adding at the end the following new paragraph: ``(4) Recycling should be promoted through a national clearinghouse to provide information about the economic feasibility of recycling various materials, State and local initiatives that have succeeded in increasing the recycling rate for municipal waste, and Federal, State, and local procurement opportunities for recyclable materials.''. (b) Objectives and Policy.--Section 1003(a) of the Solid Waste Disposal Act (42 U.S.C. 6902(a)) is amended by striking out the period in paragraph (11) and inserting ``; and'', by striking out ``and'' in paragraph (1), and by adding at the end the following new paragraph: ``(12) establishing an information clearinghouse to promote the recycling of municipal solid waste.''. SEC. 3. DEFINITIONS. Section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) is amended by adding at the end the following: ``(40) The term `municipal solid waste' means residential, institutional, and commercial solid waste generated within a community. The term does not include any garbage, refuse, sludge, or other residue that is a byproduct of an industrial process or any solid waste which is regulated under subtitle C. ``(41) The term `recycled material' means a material which has been previously used which can be reused with or without reprocessing in place of a virgin material. ``(42) The term `recycled product' means a product that is derived substantially from recycled materials. ``(43) The term `recycling' means remanufacturing or reprocessing used or discarded materials into a useful product.''. SEC. 4. INFORMATION CLEARINGHOUSE. (a) Establishment.--Subtitle D of the Solid Waste Disposal Act is amended by adding at the end the following new section: ``SEC. 4011. INFORMATION CLEARINGHOUSE. ``(a) Establishment.--The Administrator shall establish a clearinghouse for information about the recycling of municipal solid waste, to be administered by the Office of Solid Waste in accordance with the provisions of this section. ``(b) Information Collection and Analysis.--The clearinghouse shall collect and provide the following types of information: ``(1) A data base containing information on the annual volume and rate of recycling of materials from the municipal solid waste stream. Such data base should include information that may be available from trade associations, nonprofit organizations, Federal agencies, and State governments. At a minimum, the data base should estimate the aggregate annual tonnage and recycling rate for glass, metal, paper, plastic, and corrugated containers. To the extent feasible, the data base should include an analysis of the impact of geographic and demographic factors on the recycling rate. ``(2) An annual estimate of the balance of trade in recycled materials and products. ``(3) Economic data comparing the costs and benefits of recycling various materials from the municipal solid waste stream. The analysis should take into account the avoided disposal costs resulting from recycling. ``(4) A catalog of State and local laws that encourage or require the recycling of materials from the municipal solid waste stream. The catalog should include information about any recycling targets or objectives established by such legislation and, where feasible, evaluate whether those objectives are being met. ``(5) A list of all purchases of recycled materials or products by the Federal Government, organized by agency and the type of recycled materials or products purchased. ``(6) A register announcing all solicitations by Federal agencies for the purchase of recycled materials or products. Such information shall be organized to provide timely and relevant information to persons seeking to sell recycled materials or products to the Federal Government. To the extent feasible, the register should include information about procurement opportunities available from State or local governments. ``(7) Information about state-of-the-art recycling methods, programs, and technologies, including the results of any recycling research or demonstration programs funded by the Federal Government. ``(8) A register of all potential purchasers (both government and private) of recycled materials. ``(c) Information Coordination.--The Administrator may, at his or her discretion, make available through the information clearinghouse any other information that would promote national, State, and local recycling efforts including, but not limited to, information that may be obtained under subtitle D and subtitle E. ``(d) Information Dissemination.--The information compiled and analyzed under this section shall be made available to the public. A toll-free, telephone hotline shall be established and made available to members of the public seeking information from the clearinghouse. To the extent feasible, the information compiled should be computerized to facilitate analysis and provide for prompt retrieval of information. ``(e) Independent Organization.--In carrying out this section the Administrator shall cooperate with any independent organization which is comprised of persons engaged in recycling and persons representing environmental organizations and which provides matching funds to cover the costs of any cooperative program undertaken by the organization and the Environmental Protection Agency. ``(f) Authorization.--There is authorized to be appropriated to the Administrator $500,000 for each fiscal year occurring after enactment of the Recycling Information Clearinghouse Act of 1993 for functions carried out by the information clearinghouse.''. (b) Conforming Amendment.--Section 4003(c) of such subtitle D is amended by adding at the end the following: ``(3) A State shall not be eligible for assistance under section 4008(a)(3) after December 31, 1994, unless the State maintains and publicizes a State register of potential purchasers (both governmental and private) of recycled materials known to the State solid waste planning authorities. Such register shall be periodically updated and submitted to the information clearinghouse established under section 4011.''. (c) Table of Contents.--The table of contents for such subtitle D is amended by adding at the end the following new item: ``Sec. 4011. Information clearinghouse.''.

Recycling Information Clearinghouse Act of 1993 - Amends the Solid Waste Disposal Act to require the Environmental Protection Agency to establish a clearinghouse for information about the recycling of municipal solid waste to include: (1) a data base on the volume and rate of recycling of materials from the municipal solid waste stream; (2) an annual estimate of the balance of trade in recycled materials and products; (3) economic data comparing the costs and benefits of recycling various materials from the municipal solid waste stream; (4) a catalog of State and local laws that encourage or require the recycling of materials from the municipal solid waste stream; (5) a list of all purchases of recycled materials or products by the Federal Government; (6) a register announcing all solicitations by Federal agencies for the purchase of recycled materials or products; (7) information about state-of-the-art recycling methods, programs, and technologies; and (8) a register of all potential purchasers of recycled materials. Requires that a toll-free telephone hotline be made available to those seeking information from the clearinghouse. Makes a State ineligible for solid waste disposal assistance after December 31, 1994, unless the State maintains and publicizes a register of potential purchasers of recycled materials known to the State solid waste planning authorities. Authorizes appropriations.

Recycling Information Clearinghouse Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Consumer Right to Know Act'' or the ``e-KNOW Act''. SEC. 2. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION. (a) Electric Consumer Right of Access.--Title II of the Public Utility Regulatory Policies Act of 1978 is amended by adding after section 214 the following new section: ``SEC. 215. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION. ``(a) Electric Consumer Right to Electric Energy Information.-- ``(1) In general.--Each electric consumer in the United States shall have the right to access (and to authorize 1 or more third parties to access) the retail electric energy information of such electric consumer in electronic machine- readable form, in conformity with nationally recognized open standards, free of charge, and in a manner that is timely and convenient and that provides adequate protections for the security of such information and the privacy of such electric consumer. ``(2) Definitions.--For purposes of this section: ``(A) Retail electric energy information.--The term `retail electric energy information' means the following: ``(i) Usage information.--An electric consumer's electric energy consumption over a defined time period, including information on consumption during not less than the 24 months prior to the date of access of such information by such electric consumer. ``(ii) Pricing information.--Time-based retail electric energy prices applied to the electric consumer. ``(B) Smart meter.--The term `smart meter' means a meter installed by the electric utility that delivers electric energy to an electric consumer at the home or facility of such electric consumer that measures electric energy usage and is capable of communicating electric energy usage information by means of an electronic machine-readable signal in real time or near real time. ``(3) Timeliness and granularity.--The right to access retail electric energy information under paragraph (1) includes, at a minimum, the right to access retail electric energy information-- ``(A)(i) in real time or near real time, for electric consumers served by a smart meter; and ``(ii) as expeditiously after the time of collection as reasonably feasible for electric consumers not served by a smart meter; and ``(B) except as otherwise provided in paragraph (4), data at intervals-- ``(i) not greater than 15 minutes for electric consumers served by a smart meter; and ``(ii) not less frequent than the intervals at which such data is collected by the electric utility providing retail service, for electric consumers not served by a smart meter. ``(4) Retention.--The data interval requirements in paragraph (3)(B) shall not apply to usage data after a period of 24 months from the date such data is recorded. ``(b) Guidelines for Electric Consumer Access.--Not later than 180 days after the date of the enactment of this section, the Commission shall, after consultation with State regulatory authorities, the Secretary of Energy, and other appropriate Federal agencies, and after notice and opportunity for comment, issue guidelines identifying minimum national standards for implementation of the electric consumer right to access retail electric energy information under subsection (a)(1). In formulating such guidelines, the Commission shall, to the extent practicable, preserve the integrity of and be guided by actions already taken by State regulatory authorities to ensure electric consumer access to retail electric energy information, including actions taken after consideration of the standard under section 111(d)(17). Such guidelines shall provide guidance on issues including the timeliness and granularity of retail electric energy information, appropriate nationally recognized open standards for data, and protection of data security and electric consumer privacy. The Commission shall periodically review and, as necessary revise, such guidelines to reflect changes in technology and the market for electric energy and services. ``(c) Enforcement.-- ``(1) Effective date.--This subsection shall be effective on the date that is 1 year after the date the guidelines under subsection (b) are issued. ``(2) Enforcement by state attorneys general.--If the attorney general of a State, or another official or agency of a State with competent authority under State law, has reason to believe that any electric utility that delivers electric energy at retail in the relevant State is not complying with the minimum standards identified by the guidelines issued under subsection (b), the attorney general, official, or agency of the State, as parens patriae, may bring a civil action against such electric utility, on behalf of the electric consumers receiving retail service from such electric utility, in a district court of the United States of appropriate jurisdiction, to compel compliance with such standards. ``(3) Electric consumer enforcement.--Provided no civil action has been brought under paragraph (2), any electric consumer may bring a civil action against the electric utility providing retail electric service to such electric consumer, in a district court of the United States of appropriate jurisdiction, to compel compliance with the minimum standards identified by the guidelines issued under subsection (b). ``(4) Costs and fees.--In any civil action under paragraph (2) or (3), if the party bringing the action is successful in enforcing the standards identified by the guidelines issued under subsection (b), the court may award to such party the costs of the action together with reasonable attorney's fees, as determined by the court. ``(5) Safe harbor.--No civil action may be brought against an electric utility under paragraph (2) or paragraph (3) if the Commission has, within the most recent 2 years, determined that such electric utility, or the State regulatory authority that regulates such electric utility, has adopted and implemented policies, requirements, and measures, as necessary, that comply with the standards identified by the guidelines issued under subsection (b). The Commission shall establish procedures to review the policies, requirements, and measures of State regulatory authorities and electric utilities to assess, and issue determinations with regard to, compliance with such standards.''. (b) Conforming Amendment.--The table of contents for the Public Utility Regulatory Policies Act of 1978 is amended by adding after the item relating to section 214 the following new item: ``Sec. 215. Electric consumer right to access electric energy information.''.

Electric Consumer Right to Know Act or the e-KNOW Act - Amends the Public Utility Regulatory Policies Act of 1978 to grant an electric consumer the right to access the consumer's retail electric energy information in electronic machine-readable form, in conformity with nationally recognized open standards, free of charge, and in a timely and convenient manner that provides adequate protections for information security and the consumer's privacy. Directs the Federal Energy Regulatory Commission (FERC) to issue guidelines identifying minimum national standards to implement such right of access, including: (1) guidance on the timeliness and granularity of retail electric energy information; (2) appropriate nationally recognized open standards for data; and (3) protection of data security and electric consumer privacy. Empowers the attorney general, official, or agency of the state, as parens patriae, to bring a civil action against an electric utility in U.S. district court to compel compliance with such standards. Authorizes the court to award the costs of the action and reasonable attorney's fees to the party bringing a successful civil action to enforce the standards identified by the guidelines issued under this Act.

To amend the Public Utility Regulatory Policies Act of 1978 to provide electric consumers the right to access certain electric energy information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Science and Mathematics Early Start Grant Program Act of 1995''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) preschoolers from low-income families have very limited opportunities to be exposed to science and mathematics activities; (2) preschoolers from low-income families need basic, age- appropriate science and mathematics experiences in order to develop educationally at a normal rate; (3) most preschool teachers have little experience with simple science and mathematics activities; (4) attainment of the National Education Goal that calls for United States students to be first in the world in mathematics and science achievement will require a comprehensive, age-appropriate science and mathematics program for preschoolers from low-income families; (5) long-term efforts to train preschool teachers to use science and mathematics activities have been limited in number; and (6) the long-term efforts to train preschool teachers to use science and mathematics activities that have been implemented have shown significant positive results. (b) Purpose.--The purpose of this Act is to provide Head Start teachers with training programs directed toward the use of age- appropriate science and mathematics activities in order to increase their students' interest in and familiarity with science and mathematics. All students should have a basic exposure to science and mathematics activities in order to move the Nation toward the National Goal that United States students will be first in the world in mathematics and science achievement. SEC. 3. MODEL SCIENCE AND MATHEMATICS EARLY START PROGRAMS FOR THE INTRODUCTION OF SCIENCE AND MATHEMATICS IN EARLY CHILDHOOD EDUCATION. (a) Grants Authorized.--The Secretary of Health and Human Services (hereafter referred to in this Act as the ``Secretary'') may award grants, to be known as Science and Mathematics Early Start Grants, to organizations to enable such organizations to support model programs that provide instruction to Head Start personnel regarding the introduction of science and mathematics activities to children enrolled in Head Start programs. (b) Priority.--In awarding grants under this section, the Secretary shall give priority to applicants that demonstrate the ability to-- (1) provide teacher training programs that involve participants in hands-on activities similar to activities that are intended for students; (2) attract broad teacher participation; (3) use experienced teachers as instructors; (4) provide the materials required by the activities described in paragraph (1), but not commonly found in Head Start classrooms, except that not more than 25 percent of the funds awarded for each fiscal year to any organization for a model program shall be used to carry out this paragraph; (5) provide for periodic followup activities conducted, at minimum, during a 6-month period; and (6) provide teachers with college or university experience and credits. (c) Dissemination.--Each recipient of a grant under this section shall report the results of the model program to the Eisenhower National Clearinghouse for Mathematics and Science Education in an appropriate format for dissemination. (d) Authorization of Appropriations.--There are authorized to be appropriated $4,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000, to carry out this section. (e) Evaluation and Report.--The Secretary shall evaluate, and report to the Congress every 2 years (beginning 2 years after the date of enactment of this Act) regarding, the activities assisted under this section. SEC. 4. PROFESSIONAL DEVELOPMENT FUNDING. (a) Program Authorized.--The Secretary may award grants to each of the ten regional Head Start agencies for the purpose of improving teaching and learning through sustained and intensive high-quality professional development activities in science and mathematics at the region and local agency levels. (b) Allocation of Funds.-- (1) Regional allocation.--From the amounts appropriated for a fiscal year under subsection (f), the Secretary shall allot to each of the ten regional Head Start agencies an amount that bears the same ratio to the amount appropriated as the number of children enrolled in the Head Start programs administered by the regional agency bears to the number of children enrolled in all Head Start programs, as determined by the Secretary on the basis of the most recent satisfactory data. In making determinations under this paragraph, the Secretary shall establish a per child ratio amount. (2) Reallocation.--With respect to the allotment of any regional agency that fails to apply for an allotment for any fiscal year, the Secretary shall reallot such amount to the remaining regional agencies in proportion to the original allotment to such agencies. (c) Within-Region Allocations.--Of the amounts received by a regional agency under this section for any fiscal year-- (1) not less than 90 percent of such amounts shall be made available for local permissible activities (hereafter referred to in this Act as ``flow-through funds''); and (2) not to exceed 10 percent of such amounts may be retained by the regional agency, of which-- (A) not to exceed 3 percent of such amounts may be used for the administrative costs of the regional agency; and (B) the remaining amounts shall be used to fund or expand exemplary and innovative science and mathematics professional development programs. (d) Local Plan and Application for Improving Mathematics and Science Teaching and Learning.-- (1) Local application.-- (A) In general.--A local Head Start agency that desires to receive a grant under this section shall prepare and submit to the appropriate regional Head Start agency an application (singly or as a consortium) at such time as the regional agency shall require. (B) Indicators.--As part of an application submitted under subparagraph (a), a local Head Start agency shall establish specific goals and objectives for improving mathematics and science teaching and learning through professional development. (2) Needs assessment.-- (A) In general.--As part of an application submitted under paragraph (1), a local Head Start agency shall include an assessment of local needs for professional development as identified by the local Head Start agency and staff. (B) Requirements.--A needs assessment to be included in an application under subparagraph (A) shall be carried out with the involvement of teachers, and shall take into account the activities that need to be conducted in order to give teachers and, where appropriate, administrators, the means, including the knowledge and skills, to provide Head Start children with the opportunity to develop a strong foundation in mathematics and science. (3) Application contents.--An application submitted under this section shall include the plans of the local Head Start agency for professional development that-- (A) focus on teaching and learning in mathematics and science; (B) have been developed with the extensive participation of Head Start teachers, administrators, staff, and pupil services personnel; (C) include a time line for the professional development activities indicating duration and schedule; and (D) will be periodically reviewed and revised by the local Head Start agency, as necessary, to reflect changes in the strategies and programs of the local Head Start agency under this section. (e) Local Allocation of Funds and Permissible Activities.-- (1) Amount of allocation.--The maximum amount of a grant for which a local Head Start agency may apply under this section shall equal the product of-- (A) the number of children served by the local agency; and (B) the per child ratio amount determined under subsection (b)(1). (2) Reallocation.--If a local Head Start agency does not apply for a grant prior to the grant allocation deadline that is established by the regional Head Start agency involved, the regional agency shall reallocate the amount that any such local agency would have received to the remaining local agencies in proportion to their original grant allocations. (3) Local allocation of funds.--A local Head Start agency that receives a grant under this section for any fiscal year-- (A) shall use not less than 70 percent of the amount received under such grant for the professional development of teachers, and, where appropriate, administrators, and, where appropriate, pupil services personnel, parents, and other staff of individual schools to pay for direct program costs to include-- (i) stipends; (ii) tuition, registrations, and fees; (iii) related travel, food, and lodging; (iv) child care; and (v) training supplies, books, and materials; and (B) may use not to exceed 30 percent of the amount received under such grant for mathematics and science classroom supplies, equipment, and materials. (4) Authorized activities.-- (A) In general.--A local Head Start agency that receives a grant under this section shall use amounts received under such grant for activities that give Head Start teachers and administrators the knowledge and skills to provide children with the opportunity to develop a strong foundation in mathematics and science. (B) Professional development activities.-- Professional development activities funded under this section shall-- (i) take into account recent research on the teaching and learning of mathematics and science; (ii) provide professional development that incorporates effective strategies, techniques, methods, and practices for meeting the educational needs of diverse groups of students, including females, minorities, children with disabilities, limited English proficient children, and economically disadvantaged children; (iii) include preparation for future mathematics and science content and pedagogical components; and (iv) be of sufficient intensity and duration to have a positive and lasting impact on the Head Start teacher's performance in the classroom. (C) Activities.--Amounts received under a grant under this section may be used for professional development activities such as-- (i) professional development for teams of teachers, and, where appropriate, administrators, pupil services personnel, or other staff, to support the teaching of mathematics and science using developmentally appropriate activities; (ii) to enable Head Start teachers and appropriate staff to participate in professional development in mathematics and science programs that are offered through professional associations, universities, community-based organizations, and other providers, such as educational partnership organizations, science centers, and museums, including financial support and time off; (iii) activities that provide follow up for teachers who have participated in professional development activities that are designed to ensure that the knowledge and skills learned by the teacher are implemented in the classroom; (iv) support for partnerships between Head Start agencies, consortia of agencies, and institutions of higher education, including schools of education, which shall encourage teachers to participate in intensive, ongoing mathematics and science programs, both academic and pedagogical, at institutions of higher education; (v) the establishment and maintenance of local professional networks that provide a forum for interaction among teachers and that allow exchange of information on advances in mathematics and science content and teaching pedagogy; (vi) professional development to enable teachers, and, where appropriate, pupil services personnel and other school staff, to ensure that females, minorities, limited English proficient children, children with disabilities, and the economically disadvantaged have full opportunity to develop a strong foundation in mathematics and science; (vii) preparing teachers, and, where appropriate, pupil services personnel to work with parents and families on fostering student achievement in mathematics and science; (viii) professional development activities and other support for new teachers as such teachers move into the Head Start classroom to provide practical support and to increase mathematics and science content and teaching pedagogy for such teachers; (ix) professional development for teachers, parents, early childhood educators, administrators, and other staff to support activities and services related to preschool transition programs to raise student performance in mathematics and science; and (x) developing professional development strategies and programs to more effectively involve parents in helping their children achieve in mathematics and science. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $6,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000. (g) Reporting and Accountability.-- (1) Regions.--Not later than September 30, 1996, and each September 30 thereafter, a regional Head Start agency that receives funds under this section shall prepare and submit to the Secretary a report concerning-- (A) the status of the activities and grants completed and currently in operation during the year for which the report is submitted; (B) an evaluation of the implementation of this section; and (C) an evaluation of the effectiveness of local Head Start agency activities assisted under this section. (2) Local head start agencies.--Not later than 3 months after the conclusion of the grant period, the local Head Start agency that receives the grant under this section shall prepare and submit to the appropriate regional Head Start agency a report concerning the progress of such local agency toward meeting the goals and objectives identified in the local application and plan of such local agency, as well as concerning the effectiveness of the activities of the agency under this section. (3) Federal evaluation.--Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare and submit to the President and the appropriate committees of Congress a report concerning the effectiveness of the programs and activities conducted under this section.

Science and Mathematics Early Start Grant Program Act of 1995 - Authorizes the Secretary of Health and Human Services to award Science and Mathematics Early Start Grants to organizations to support model programs that provide instruction to Head Start personnel regarding the introduction of science and mathematics activities to children enrolled in Head Start programs. Sets forth award priorities. Requires grant recipients to report program results to the Eisenhower National Clearinghouse for Mathematics and Science Education for dissemination. Authorizes appropriations. (Sec. 4) Authorizes the Secretary to award grants to each of the ten regional Head Start agencies to improve teaching and learning through professional development activities in science and mathematics at the regional and local agency levels. Sets forth provisions for: (1) regional and within-region allocations of funds; (2) local plans and applications for improving mathematics and science teaching and learning; (3) local allocation of funds; and (4) permissible activities. Authorizes appropriations.

Science and Mathematics Early Start Grant Program Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Loan Repayment Act of 2015''. SEC. 2. LOAN REPAYMENT FOR TEACHERS. (a) Sunsets.--The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended-- (1) in section 420O-- (A) by striking ``Beginning'' and inserting ``(a) In General.--Beginning''; and (B) by adding at the end the following: ``(b) Sunset.--Beginning on the date of enactment of the Teacher Loan Repayment Act of 2015, the Secretary shall not award funds under this subpart for new TEACH Grants.''; (2) in section 428J, by adding at the end the following: ``(i) Sunset.--Beginning on the date of enactment of the Teacher Loan Repayment Act of 2015, the Secretary shall not enter into a new agreement to assume the obligation to repay a qualified loan amount under this section.''; (3) in section 428K-- (A) by redesignating subsection (h) as subsection (i); and (B) by inserting after subsection (g) the following: ``(h) Sunset.--Beginning on the date of enactment of the Teacher Loan Repayment Act of 2015, the Secretary shall not enter into a new agreement to forgive a qualified loan amount under this section.''; and (4) in section 460, by adding at the end the following: ``(i) Sunset.--Beginning on the date of enactment of the Teacher Loan Repayment Act of 2015, the Secretary shall not enter into a new agreement to cancel the obligation to repay a qualified loan amount under this section.''. (b) Loan Repayment for Teachers.--Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: ``PART J--LOAN REPAYMENT FOR TEACHERS ``SEC. 499A. LOAN REPAYMENT FOR TEACHERS. ``(a) Purpose.--The purpose of this section is to encourage highly qualified individuals to enter and continue in the teaching profession, and to ensure qualified effective teachers are encouraged to work in high-need schools. ``(b) Definitions.--In this section: ``(1) Child with a disability.--The term `child with a disability' has the meaning given the term in section 602 of the Individuals with Disabilities Education Act. ``(2) Student loan.--The term `student loan' means a loan-- ``(A) made, insured, or guaranteed under part B, except as provided in subparagraph (C); ``(B) made under part D or E, except as provided in subparagraph (C); or ``(C) made under section 428C or 455(g), to the extent that such loan was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H. ``(c) Program Authorized.--The Secretary shall carry out a program under which the Department of Education shall assume the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (e), for any borrower who-- ``(1) is not in default on a loan for which the borrower seeks forgiveness; and ``(2) is employed as a full-time teacher for service in an academic year (including such a teacher employed by an educational service agency)-- ``(A) in a public elementary school or secondary school, which, for the purpose of this paragraph and for that year-- ``(i) has been determined by the Secretary (after consultation with the State educational agency of the State in which the school is located) to be a school in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, is not less than 40 percent of the total number of children enrolled in such school; and ``(ii) is in a school district served by a local educational agency that is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965; or ``(B) in a public elementary school or secondary school or location operated by an educational service agency, which, for the purpose of this paragraph and for that year, has been determined by the Secretary (after consultation with the State educational agency of the State in which the educational service agency operates) to be a school or location in which the number of children taught who meet a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, is not less than 40 percent of the total number of children taught at such school or location. ``(d) Special Rules.-- ``(1) List.--If the list of schools in which a teacher may perform service pursuant to subsection (c)(2) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination. ``(2) Continuing eligibility.--Any teacher who performs service in a school during which time their service meets the requirements of subsection (c)(2) in any year, and, in a subsequent year, fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan cancellation pursuant to this section in subsequent years. ``(3) Choice of loan repayment program.--An individual who, on the date of enactment of the Teacher Loan Repayment Act of 2015, is participating in a loan repayment program under section 428J, 428K, or 460, may choose to continue to participate in such program or may enter into participation in the program under this section if eligible to participate in the program under this section. ``(e) Terms of Loan Repayment.-- ``(1) Borrower agreement.--The Secretary and an individual who desires to receive student loan repayment under this section shall enter into an agreement that includes a provision that to remain eligible to receive student loan repayment under this section, the individual shall remain employed in the school or location for which the individual gained eligibility for student loan repayment under this section. ``(2) Student loan payment amount.-- ``(A) In general.--In the agreement described in paragraph (1), the Secretary shall agree to make a student loan payment for such individual of $250 a month for the first and second year of teaching, $300 a month for the third year of teaching, $350 a month for the fourth year of teaching, and $400 a month for the fifth and sixth year of teaching. ``(B) Maximum total amount.--The maximum total amount of student loan payments made by the Secretary for an individual under this section shall be $23,400. ``(C) Remaining balance.--An individual shall enter repayment on any remaining principal and interest due on a student loan for which the Secretary has made payments under this section after the maximum total amount has been reached under subparagraph (B). ``(3) Beginning of payments.--Nothing in this section shall authorize the Secretary to pay any amount to reimburse a borrower for any student loan payments made by such borrower prior to the date on which the Secretary entered into an agreement with the borrower under this subsection.''.

Teacher Loan Repayment Act of 2015 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify the financial aid programs for teachers. Specifically, it terminates the authority of the Department of Education (ED) to: (1) award new grants under the Teacher Education Assistance for College and Higher Education (TEACH) Grant program and (2) enter new loan forgiveness agreements under the under the Teacher Loan Forgiveness program. The bill authorizes and directs ED to administer a new loan repayment for teachers program. To qualify, a borrower must be a full-time teacher in a low-income school or location and meet other requirements. ED, on behalf of a qualified borrower, makes $250-$400 direct monthly payments on Federal Family Education Loan or Direct Loan program Subsidized, Unsubsidized, and, in certain circumstances, Consolidation Loans. To remain eligible for loan repayment, a borrower must continue to be employed in the school or location of initial eligibility. The total maximum loan repayment amount is $23,400 over six years. A borrower must repay the remaining principal and interest. An individual who currently participates in the Teacher Loan Forgiveness program may continue participating in such program or enter the new loan repayment for teachers program.

Teacher Loan Repayment Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Court, Offender Supervision, Parole, and Public Defender Employees Equity Act of 2008''. SEC. 2. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE TO FEDERAL SERVICE. (a) In General.--Any individual serving as an employee or Member (as those terms are defined by section 8401 of title 5, United States Code) on or after the date of enactment of this Act who performed qualifying District of Columbia service shall be entitled to have such service included in calculating the individual's creditable service under section 8411 of title 5, United States Code, but only for purposes of the following provisions of such title: (1) Section 8410 (relating to eligibility for annuity). (2) Section 8412 (relating to immediate retirement). (3) Section 8413 (relating to deferred retirement). (4) Section 8414 (relating to early retirement). (5) Subchapter IV of chapter 84 (relating to survivor annuities). (6) Subchapter V of chapter 84 (relating to disability benefits). (b) Service Not Included in Computing Amount of Any Annuity.-- Qualifying District of Columbia service shall not be taken into account for purposes of computing the amount of any benefit payable out of the Civil Service Retirement and Disability Fund. SEC. 3. QUALIFYING DISTRICT OF COLUMBIA SERVICE DEFINED. In this Act, ``qualifying District of Columbia service'' means any of the following: (1) Service performed by an individual as a nonjudicial employee of the District of Columbia courts-- (A) which was performed prior to the effective date of the amendments made by section 11246(b) of the Balanced Budget Act of 1997; and (B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title). (2) Service performed by an individual as an employee of an entity of the District of Columbia government whose functions were transferred to the Pretrial Services, Parole, Adult Supervision, and Offender Supervision Trustee under section 11232 of the Balanced Budget Act of 1997-- (A) which was performed prior to the effective date of the individual's coverage as an employee of the Federal Government under section 11232(f) of such Act; and (B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title). (3) Service performed by an individual as an employee of the District of Columbia Public Defender Service-- (A) which was performed prior to the effective date of the amendments made by section 7(e) of the District of Columbia Courts and Justice Technical Corrections Act of 1998; and (B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title). (4) In the case of an individual who was appointed to a position in the Federal Government under the priority consideration program established by the Bureau of Prisons under section 11203 of the Balanced Budget Act of 1997, service performed by the individual as an employee of the District of Columbia Department of Corrections-- (A) which was performed prior to the effective date of the individual's coverage as an employee of the Federal Government; and (B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title). SEC. 4. CERTIFICATION OF SERVICE. The Office of Personnel Management shall accept the certification of the appropriate personnel official of the government of the District of Columbia concerning whether an individual performed qualifying District of Columbia service and the length of the period of such service the individual performed.

District of Columbia Court, Offender Supervision, Parole, and Public Defender Employees Equity Act of 2008 - Entitles any individual serving as a federal or congressional employee or a Member of Congress who performed qualifying District of Columbia (D.C.) service to have such service included in calculating such individual's creditable service under the Federal Employees' Retirement System (FERS), but only for purposes of specified sections of FERS. Defines "qualifying D.C. service" to mean certain service performed by an individual as: (1) a D.C. court nonjudicial employee; (2) an employee of an entity of the D.C. government whose functions were transferred to the Pretrial Services, Parole, Adult Supervision, and Offender Supervision Trustee under the Balanced Budget Act of 1997; (3) an employee of the D.C. Public Defender Service; and (4) an employee of the D.C. Department of Corrections that was appointed to a position in the federal government under the priority consideration program established by the Bureau of Prisons. Requires the Office of Personnel Management (OPM) to accept the certification of the appropriate personnel official of the D.C. government concerning qualifying service.

To permit nonjudicial employees of the District of Columbia courts, employees transferred to the Pretrial Services, Parole, Adult Probation, and Offender Supervision Trustee, and employees of the District of Columbia Public Defender Service to have periods of service performed prior to the enactment of the Balanced Budget Act of 1997 included as part of the years of service used to determine the time at which such employees are eligible to retire under chapter 84 of title 5, United States Code, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Agent Orange Relief Act of 2013''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) From 1961 to 1971, approximately 19,000,000 gallons of 15 different herbicides were sprayed over the southern region of Vietnam. The agents included 13,000,000 gallons of Agent Orange, 4,500,000 gallons of Agent White, 1,000,000 gallons of Agent Blue, 420,000 gallons of Agent Purple, and relatively smaller quantities of the other herbicides. Many of the herbicides, including Agents Orange, Purple, Green, Pink, Dinoxol, and Trinoxol contained the toxic contaminant dioxin (TCDD). One, Agent Blue, contained high levels of arsenic. The aforementioned 15 herbicides, including the contaminant dioxin, are usually collectively referred to as Agent Orange. (2) Studies show that between 2,100,000 and 4,800,000 Vietnamese and tens of thousands of Americans were exposed to Agent Orange during the spraying. Many other Vietnamese were or continue to be exposed to Agent Orange through contact with the environment and food that was contaminated or as offspring of those exposed who now suffer from illnesses and disabilities. (3) Today, there are still dozens of environmental hot spots that continue to contaminate the food, soil, sediment, livestock, and wildlife with Agent Orange. (4) Agent Orange exposure continues to negatively affect the lives of men and women in Vietnam and in the United States. The lives of many victims, including Vietnamese, United States veterans and their offspring, and Vietnamese-Americans, are cut short and others live with disease, disabilities, and pain, often untreated or unrecognized. (5) The Department of Veterans Affairs recognizes certain illnesses and diseases, including AL amyloidosis, chronic B- cell leukemia, chloracne, diabetes mellitus type 2, Hodgkin's disease, ischemic heart disease, multiple myeloma, non- Hodgkin's lymphoma, Parkinson's disease, acute and sub-acute peripheral neuropathy, porphyria cutanea tarda, prostate cancer, respiratory cancers, and soft-tissue sarcomas as associated with the spraying and use of Agent Orange by the United States Armed Forces during the Vietnam era. (6) No similar consideration has been given to affected Vietnamese or Vietnamese-Americans. (7) The Department of Veterans Affairs provides compensation for many severe birth defects among the children of American women veterans who served in Vietnam. The list of birth defects covered includes but is not limited to: achondroplasia, cleft lip, cleft palate, congenital heart disease, congenital talipes equinovarus (clubfoot), esophageal and intestinal atresia, Hallerman-Streiff syndrome, hip dysplasia, Hirschsprung's disease (congenital megacolon), hydrocephalus due to aqueductal stenosis, hypospadias, imperforate anus, neural tube defects, Poland syndrome, pyloric stenosis, syndactyly (fused digits), tracheoesophageal fistula, undescended testes, and Williams syndrome. Affected children of these women veterans receive medical care and other benefits. (8) The only birth defect recognized for the children of male American veterans is spina bifida (but not occulta), resulting in most affected children receiving no benefits. (9) No assistance has been given to the children of male or female Vietnamese or Vietnamese-Americans connected with their exposure, or their parent's or grandparent's exposure. (10) The Institute of Medicine for the past several years has noted that ``it is considerably more plausible than previously believed that exposure to the herbicides sprayed in Vietnam might have caused paternally mediated transgenerational effects . . . attributable to the TCCD contaminant in Agent Orange.'' In recent years, scientific studies have identified likely epigenetic links between exposure to toxins and birth defects and developmental disorders in subsequent generations. Some of the children and grandchildren of exposed persons (Americans, Vietnamese, and Vietnamese-Americans) who were in southern Vietnam during the Vietnam era likely suffer from disorders, birth defects, and illnesses related to Agent Orange. (11) Dating back to 2007, the United States has engaged in environmental remediation of contamination at the Da Nang and Bien Hoa airports, and provided funds for public health and disabilities activities for individuals residing in some affected areas. (b) Purpose.--It is the purpose of this Act to address and remediate the ongoing problems and concerns that arose or will arise from the use of the Agent Orange during the Vietnam era. SEC. 3. ASSISTANCE FOR INDIVIDUALS AFFECTED BY HEALTH ISSUES RELATED TO EXPOSURE TO AGENT ORANGE. (a) For Covered Individuals.--The Secretary of State shall provide assistance to address the health care needs of covered individuals. Such assistance shall include the provision of medical and chronic care services, nursing services, vocational employment training, and medical equipment. (b) For Caregivers.--The Secretary of State shall provide assistance to institutions in Vietnam that provide health care for covered individuals. Such assistance shall include-- (1) medicines and medical equipment; (2) custodial care, home care, respite care, and daycare programs; (3) training programs for caregivers; (4) medical, physical rehabilitation, and counseling services and equipment for illnesses and deformities associated with exposure to Agent Orange; and (5) reconstructive surgical programs. (c) For Housing and Poverty Reduction.--The Secretary of State shall provide assistance to repair and rebuild substandard homes in Vietnam for covered individuals and the families of covered individuals. The Secretary of State shall provide micro grants and loans to facilitate subsistence payments and poverty reduction for covered individuals and families of covered individuals. (d) For Environmental Remediation.-- (1) In general.--The Secretary of State shall provide assistance to remediate those geographic areas of Vietnam that the Secretary determines contain high levels of Agent Orange. (2) Priority.--In providing assistance under this subsection, the Secretary of State shall give priority to heavily sprayed areas, particularly areas that served as military bases where Agent Orange was handled, and areas where heavy spraying and air crashes resulted in harmful deposits of Agent Orange. (e) Administrative Authorities.--The Secretary of State shall-- (1) provide assistance under this section (other than assistance under subsection (d)) through appropriate Vietnamese community and nongovernmental organizations and, where necessary, public agencies; (2) provide assistance under this section to affected persons in all areas of Vietnam, including rural, mountainous, and urban areas; (3) encourage strategic alliances between private and public sector partners as a business model for achieving the goals of this section; and (4) seek out and actively encourage other bilateral donors as well as United States and foreign business enterprises in Vietnam to support the goals of this section through development assistance and corporate philanthropy programs. (f) Covered Individual Defined.--In this section, the term ``covered individual'' means in an individual who-- (1) is a resident of Vietnam; and (2)(A) is affected by health issues related to exposure to Agent Orange which took place during the period beginning on January 1, 1961, and ending on May 7, 1975, or who lives or has lived in or near those geographic areas in Vietnam that continue to contain high levels of Agent Orange as described in subsection (d); or (B) is affected by health issues described in subparagraph (A) as the child or descendant of an individual described in subparagraph (A). SEC. 4. PUBLIC RESEARCH. The Secretary of State and the Secretary of Veterans Affairs shall identify and provide assistance to support research relating to health issues of individuals affected by Agent Orange. Such research should include recommended focus provided by the United States Institute of Medicine as identified in their biennial Veterans and Agent Orange Update, and supported by the active involvement of schools of public health and medicine located in the United States, Vietnam, and other interested countries. SEC. 5. DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH ASSESSMENT AND ASSISTANCE FOR VIETNAMESE-AMERICANS. (a) Health Assessment.--The Secretary of Health and Human Services shall make grants to appropriate public health organizations and Vietnamese-American organizations for the purpose of conducting a broad health assessment of Vietnamese-Americans who may have been exposed to Agent Orange and their children or descendants to determine the effects to their health of such exposure. (b) Assistance.--The Secretary of Health and Human Services shall establish centers in locations in the United States where large populations of Vietnamese-Americans reside for the purpose of providing assessment, counseling, and treatment for conditions related to exposure to Agent Orange. The Secretary may carry out this subsection through appropriate community and nongovernmental organizations or other suitable organizations, as determined by the Secretary. SEC. 6. PROVISION OF BENEFITS FOR CHILDREN OF MALE VETERANS WHO SERVED IN VIETNAM WHO ARE AFFECTED BY CERTAIN BIRTH DEFECTS. (a) In General.--Subchapter II of chapter 18 of title 38, United States Code, is amended-- (1) by striking ``woman Vietnam veteran'' each place it appears and inserting ``Vietnam veteran''; (2) by striking ``women Vietnam veterans'' each place it appears and inserting ``Vietnam veterans''; and (3) in the heading of such subchapter, by striking ``WOMEN''. (b) Access to Records for Research Purposes.--Section 1813(b) of such title is amended-- (1) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary shall require any health care provider with whom the Secretary enters into a contract under this subsection to provide access to the medical records of individuals who receive health care under this section to the Department of Veterans Affairs for the purpose of conducting research or providing support for research into the intergenerational effects of Agent Orange exposure.''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to subchapter II and inserting the following new item: ``Subchapter II--Children of Vietnam Veterans Born With Certain Birth Defects''. (d) Effective Date.--The amendments made by this section shall take effect on the date that is 30 days after the date of the enactment of this Act. SEC. 7. DEADLINE FOR IMPLEMENTATION. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs shall each complete a plan for the implementation of the provisions of this Act, and the amendments made by this Act, applicable to such Secretary and shall issue a request for proposals, if applicable. The Secretary of State, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs shall each implement the provisions of this Act applicable to such Secretary by not later than 18 months after the date of the enactment of this Act. SEC. 8. QUARTERLY REPORTS. Not later than 30 days after the last day of each fiscal quarter beginning on or after 18 months after the date of the enactment of this Act, the Secretary of State, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs shall each submit to Congress a report on the implementation of the provisions of this Act applicable to such Secretary during the immediately preceding fiscal quarter. SEC. 9. DEFINITION. For purposes of this Act, the term ``Agent Orange'' includes any chemical compound which became part, either by design or through impurities, of an herbicide agent used in support of the United States and allied military operations in the Republic of Vietnam.

Victims of Agent Orange Relief Act of 2013 - Defines a "covered individual" as a Vietnam resident who is affected by health issues related to Agent Orange exposure which took place between January 1, 1961, and May 7, 1975, or who lives or had lived in or near geographic areas in Vietnam that continue to contain high levels of Agent Orange, or who is affected by such health issues as the child or descendant of such resident. Directs the Secretary of State to provide assistance: (1) to address the health care needs of covered individuals, (2) to institutions in Vietnam that provide health care to such individuals, (3) to repair and rebuild substandard homes in Vietnam for covered individuals and their families, and (4) to remediate geographic areas of Vietnam that contain high levels of Agent Orange. Directs the Secretary and the Secretary of Veterans Affairs (VA) to provide assistance to support research relating to health issues of individuals affected by Agent Orange. Requires the Secretary of Health and Human Services (HHS) to: (1) make grants to appropriate public health organizations and Vietnamese-American organizations to conduct a broad health assessment of Vietnamese-Americans who may have been exposed to Agent Orange and their children or descendants; and (2) establish centers in U.S. locations where large populations of Vietnamese-Americans reside to provide assessment, counseling, and treatment for conditions related to Agent Orange exposure. Amends veterans benefits provisions to provide benefits to the children of male (currently only female) Vietnam veterans who are affected by certain birth defects. Requires the VA Secretary to require any health care provider with whom the Secretary enters into a contract for the provision of health care to such children to provide the VA access to the medical records of such children for research into the intergenerational effects of Agent Orange exposure.

Victims of Agent Orange Relief Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Relief and Protection Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The number of fraudulent immigration consultants preying upon immigrants seeking assistance has risen dramatically in recent years. (2) Fraudulent immigration consultants extract money from aliens, including fees or compensation for services not provided, and give false promises, misleading statements, and baseless guarantees. (3) Many unscrupulous consultants claim that they are immigration attorneys. (4) Fraudulent consultants claim that they have close connections to United States Citizenship and Immigration Services. (5) Victims of immigration fraud are usually afraid to report fraud to Government officials because they are unsure of their rights and are too fearful of deportation. SEC. 3. DEFINITIONS. In this Act: (1) Attorney.--The term ``attorney'' means any individual who is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting such person in the practice of law. (2) Accredited representative.--The term ``accredited representative'' means any individual or organization that has been accredited by the Board of Immigration Appeals pursuant to section 292 of title 8, Code of Federal Regulations. (3) Compensation.--The term ``compensation'' means money, property, promise of payment, or any other consideration, provided directly or indirectly. (4) Immigration consultant.--The term ``immigration consultant''-- (A) means any individual, organization, or entity that in exchange for compensation or the expectation of compensation, promises to provide or provides assistance or advice on an immigration matter; and (B) does not include any attorney, individual employed by and working under the direct supervision of one or more attorneys, or any accredited representative. (5) Immigration matter.--The term ``immigration matter'' means any proceeding, filing, or action affecting the immigration or citizenship status of any individual which arises under any immigration or naturalization law, Executive order, Presidential proclamation, or action of United States Citizenship and Immigration Services, other component of the Department of Homeland Security, the Department of State, or the Department of Labor. SEC. 4. PROHIBITED ACTS AND CRIMINAL PENALTIES. (a) Prohibited Acts.--It shall be unlawful for any immigration consultant to intentionally or with reckless disregard for the truth to-- (1) make any false or misleading statement, guarantee, or promise to any client, prospective client, or the public while providing, offering, or advertising services; (2) make any statement indicating or implying that the immigration consultant can or will obtain special favors from, or has special influence with, any government agency; (3) demand or retain any fees or compensation for services not performed, or costs that are not actually incurred; (4) represent that a fee may be charged, or charge a fee for the distribution, provision, or submission of any official document or form issued or promulgated by a State or Federal governmental entity, or for a referral of the client to another individual or entity that is qualified to provide services or assistance which the immigration consultant will not provide; (5) refuse to return any document or fail to provide copies supplied by, prepared on behalf of, or paid for by, any client or prospective client, even in the event of a fee dispute; (6) select forms to be filed with any government agency in connection with an immigration matter; (7) disclose any information to, or file any forms or documents with, immigration or other authorities without the knowledge or consent of the client; (8) engage in the unauthorized practice of law in connection with an immigration matter, as such is defined by applicable State statutes, regulations, rules, or municipal ordinances, in conjunction with an immigration matter; or (9) hold himself or herself out to any client, prospective client, or to the public as engaging in or entitled to engage in the practice of law, or uses any title in any language, such as ``notario'' or ``notary public'', to convey attorney status. (b) Criminal Penalties.--Any immigration consultant who commits any act set forth in subsection (a) shall be fined under title 18, United States Code, imprisoned not more than five years, or both. SEC. 5. ADVERTISEMENT DISCLAIMER, NOTICE, AND WRITTEN CONTRACT. (a) Advertisement Disclaimer.--It shall be unlawful for an immigration consultant to make any advertisement unless the advertisement includes a statement that the immigration consultant is not an attorney, that the immigration consultant cannot provide legal advice or select forms for use by clients or prospective clients, and that the immigration consultant cannot obtain special favors from and has no special influence with, United States Citizenship and Immigration Services. (b) Notice.--It shall be unlawful for an immigration consultant to perform immigration consulting services unless, in any office in which an immigration consultant meets with clients or prospective clients, the immigration consultant has conspicuously displayed a notice, no smaller than 12 inches by 20 inches and in boldface print no smaller than 1 inch in height, that includes-- (1) a statement that the immigration consultant is not an attorney, cannot select forms for use by the client, and cannot provide legal services in any immigration matter; and (2) a statement that the immigration consultant cannot obtain special favors from, and has no special influence with, United States Citizenship and Immigration Services. (c) Written Contract.--It shall be unlawful for an immigration consultant knowingly to act in an immigration matter unless the immigration consultant has entered into a written contract (in both English and the other principal language of the client, if not English) with the client that includes-- (1) a description of all services to be performed by the immigration consultant under the agreement; (2) the amount to be paid by the client; (3) a statement, printed on the face of the contract in boldface type no smaller than 10 point, that the immigration consultant is not licensed and authorized to practice law in the State in which the immigration consultant's services are to be performed and is unable to perform legal services; (4) a statement, printed on the face of the contract in boldface type no smaller than 10 point, that any document provided to the immigration consultant in connection with the immigration matter may not be retained by the immigration consultant and must be returned to the client at any time requested by the client; (5) a statement that the client may rescind the contract within 72 hours of the time it is executed and receive a full refund of all monies paid to the immigration consultant; and (6) a statement certifying that a copy of the contract has been provided to the client upon execution of the contract. (d) Criminal Penalties.--Any immigration consultant who knowingly fails to perform any requirement set forth in this section shall be fined under title 18, United States Code, imprisoned not more than one year, or both. SEC. 6. CIVIL ENFORCEMENT. (a) Aggrieved Parties.--Any individual aggrieved by reason of any violation of section 4 or 5 may commence a civil action in any appropriate United States district court for the relief set forth in subsection (d). (b) Civil Actions by the Attorney General.--If the Attorney General has reasonable cause to believe that any individual or group of individuals is being, has been, or may be injured by reason of any violation of section 4 or 5, the Attorney General may commence a civil action in any appropriate United States district court for the relief set forth in subsections (d) and (e). (c) Civil Actions by State Attorneys General.--If the attorney general of a State has reasonable cause to believe that any individual or group of individuals is being, has been, or may be injured by reason of any violation of section 4 or 5, such attorney general may commence a civil action in the name of such State, as parens patriae on behalf of individuals residing in such State, in any appropriate United States district court for the relief set forth in subsections (d) and (e). (d) Relief.--In any civil action brought under this section, the court may award appropriate relief, including temporary, preliminary, or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. Injunctive relief may include, where appropriate, an order temporarily or permanently enjoining the defendant from serving as an immigration consultant in any immigration matter. (e) Civil Penalties.--In addition to the relief provided for in subsection (d) which the Attorney General or any State attorney general may seek on behalf of an aggrieved individual or individuals, the court may also assess a civil penalty not exceeding $50,000 for a first violation and $100,000 for subsequent violations when sought by the Attorney General or any State attorney general. SEC. 7. TASK FORCES. (a) Establishment of Task Forces.--The Attorney General shall establish task forces composed of Federal investigatory and prosecutorial personnel, and any State or local personnel who may be assigned by the States in which they are employed to serve, in the eight districts determined by the Attorney General to contain the largest numbers of aliens subject to violations of sections 4 and 5. Such task forces shall investigate, criminally prosecute, and bring civil suits based on violations of sections 4 and 5, section 274C of the Immigration and Nationality Act (8 U.S.C. 1324c), section 1546 of title 18, United States Code, and any other applicable Federal, State, or local law. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of Homeland Security $10,000,000 for fiscal year 2007 and each subsequent fiscal year to carry out this section. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 8. OUTREACH BY SECRETARY OF HOMELAND SECURITY. (a) Outreach Program.--The Secretary of Homeland Security shall establish a program to inform aliens about-- (1) the obligations of immigration consultants under this Act; (2) methods of law enforcement, redress, and assistance under this Act and any other related law, regulation, or program established by the Department of Homeland Security or other Federal, State, or local agency; and (3) the hotline to be established under subsection (b). (b) Hotline.--The Secretary of Homeland Security shall establish a toll-free hotline to be used by aliens and others with knowledge or information of violations of sections 4 and 5, section 274C of the Immigration and Nationality Act (8 U.S.C. 1324c), section 1546 of title 18, United States Code, or any other applicable Federal, State, or local law. Callers may provide information anonymously. In situations determined appropriate by the Secretary of Homeland Security, callers or information provided by callers shall be forwarded to appropriate Federal or State law enforcement authorities. (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of Homeland Security $7,000,000 for fiscal year 2007 and each subsequent fiscal year in order to carry out this section. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 9. CONFIDENTIALITY. (a) In General.--Except as otherwise provided in this section, neither the Secretary of Homeland Security nor any other official or employee of the Department of Homeland Security or of any bureau or agency thereof may use the information provided by any individual (including an alien not lawfully present in the United States) in relation to a violation of sections 4 and 5 for any purpose other than to carry out this Act. If such information is provided by an alien not lawfully present in the United States, such information shall not be used for the purpose of identifying or removing the alien from the United States or imposing other sanctions against the alien. (b) Exception.--Subsection (a) shall not apply if the Secretary of Homeland Security or other official or employee of the Department of Homeland Security or of any bureau or agency thereof determines that the information referred to in such subsection was not provided in good faith in conjunction with a credible report relating to a violation of this Act, but was provided in order to evade the application of Federal immigration law. (c) Criminal Penalty.--Whoever knowingly uses information in violation of this section shall be fined not more than $10,000. SEC. 10. NONPREEMPTION OF MORE PROTECTIVE STATE AND LOCAL LAWS. The provisions of this Act shall supersede State and local laws, regulations, and municipal ordinances only to the extent that such State and local laws, regulations, and municipal ordinances impede the application of any provision of this Act. States and localities may impose requirements supplementing the requirements imposed by this Act.

Immigration Relief and Protection Act of 2006 - Makes specified immigration-related acts (including advertisements) of immigration consultants unlawful. Establishes criminal and civil penalties for such violations. Directs the Attorney General to establish specified district task forces to enforce such provisions. Directs the Secretary of Homeland Security to establish related outreach programs, including a toll-free hotline. Provides for confidentiality of related information and criminal penalties for violations of such confidentiality.

To reduce the number of innocent victims of immigration fraud by making certain immigration consultant practices criminal offenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Aviation Research and Development Authorization Act of 1999''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 48102(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (4)(J); (2) by striking the period at the end of paragraph (5) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following: ``(6) for fiscal year 2000, $208,416,100 including-- ``(A) $17,269,000 for system development and infrastructure projects and activities; ``(B) $33,042,500 for capacity and air traffic management technology projects and activities; ``(C) $11,265,400 for communications, navigation, and surveillance projects and activities; ``(D) $15,765,000 for weather projects and activities; ``(E) $6,358,200 for airport technology projects and activities; ``(F) $39,639,000 for aircraft safety technology projects and activities; ``(G) $53,218,000 for system security technology projects and activities; ``(H) $26,207,000 for human factors and aviation medicine projects and activities; ``(I) $3,481,000 for environment and energy projects and activities; and ``(J) $2,171,000 for innovative/cooperative research projects and activities, of which $750,000 shall be for carrying out subsection (h) of this section; and ``(7) for fiscal year 2001, $222,950,000.''. SEC. 3. BUDGET DESIGNATION FOR RESEARCH AND DEVELOPMENT ACTIVITIES. Section 48102 of title 49, United States Code, is amended by inserting after subsection (f) the following new subsection: ``(g) Designation of Activities.--(1) The amounts appropriated under subsection (a) are for the support of all research and development activities carried out by the Federal Aviation Administration that fall within the categories of basic research, applied research, and development, including the design and development of prototypes, in accordance with the classifications of the Office of Management and Budget Circular A-11 (Budget Formulation/Submission Process). ``(2) The Department of Transportation's annual budget request for the Federal Aviation Administration shall identify all of the activities carried out by the Administration within the categories of basic research, applied research, and development, as classified by the Office of Management and Budget Circular A-11. Each activity in the categories of basic research, applied research, and development shall be identified regardless of the budget category in which it appears in the budget request.''. SEC. 4. NATIONAL AVIATION RESEARCH PLAN. Section 44501(c) of title 49, United States Code, is amended-- (1) in paragraph (2)(B)-- (A) by striking ``and'' at the end of clause (iii); (B) by striking the period at the end of clause (iv) and inserting in lieu thereof ``; and''; and (C) by adding at the end the following new clause: ``(v) highlight the research and development technology transfer activities that promote technology sharing among government, industry, and academia through the Stevenson-Wydler Technology Innovation Act of 1980.''; and (2) in paragraph (3), by inserting ``The report shall be prepared in accordance with requirements of section 1116 of title 31, United States Code.'' after ``effect for the prior fiscal year.''. SEC. 5. INTEGRATED SAFETY RESEARCH PLAN. (a) Requirement.--Not later than March 1, 2000, the Administrator of the National Aeronautics and Space Administration and the Administrator of the Federal Aviation Administration shall jointly prepare and transmit to the Congress an integrated civil aviation safety research and development plan. (b) Contents.--The plan required by subsection (a) shall include-- (1) an identification of the respective research and development requirements, roles, and responsibilities of the National Aeronautics and Space Administration and the Federal Aviation Administration; (2) formal mechanisms for the timely sharing of information between the National Aeronautics and Space Administration and the Federal Aviation Administration, including a requirement that the FAA-NASA Coordinating Committee established in 1980 meet at least twice a year; and (3) procedures for increased communication and coordination between the Federal Aviation Administration research advisory committee established under section 44508 of title 49, United States Code, and the NASA Aeronautics and Space Transportation Technology Advisory Committee, including a proposal for greater cross-membership between those two advisory committees. SEC. 6. INTERNET AVAILABILITY OF INFORMATION. The Administrator of the Federal Aviation Administration shall make available through the Internet home page of the Federal Aviation Administration the abstracts relating to all research grants and awards made with funds authorized by the amendments made by this Act. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public. SEC. 7. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS. Section 44504(b)(1) of title 49, United States Code, is amended by inserting ``, including nonstructural aircraft systems,'' after ``life of aircraft''. SEC. 8. ELIGIBILITY FOR AWARDS. (a) In general.--The Administrator of the Federal Aviation Administration shall exclude from consideration for grant agreements made by that Administration with funds appropriated pursuant to the amendments made by this Act any person who received funds, other than those described in subsection (b), appropriated for a fiscal year after fiscal year 1999, under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit- based award process, except as specifically authorized by this Act. Any exclusion from consideration pursuant to this subsection shall be effective for a period of 5 years after the person receives such Federal funds. (b) Exception.--Subsection (a) shall not apply to the receipt of Federal funds by a person due to the membership of that person in a class specified by law for which assistance is awarded to members of the class according to a formula provided by law. (c) Definition.--For purposes of this section, the term ``grant agreement'' means a legal instrument whose principal purpose is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and does not include the acquisition (by purchase, lease, or barter) of property or services for the direct benefit or use of the United States Government. Such term does not include a cooperative agreement (as such term is used in section 6305 of title 31, United States Code) or a cooperative research and development agreement (as such term is defined in section 12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))). SEC. 9. COMPLIANCE WITH BUY AMERICAN ACT. No funds authorized pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act''). SEC. 10. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the Administrator of the Federal Aviation Administration shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. SEC. 11. PROHIBITION OF CONTRACTS. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations. SEC. 12. LASER VISUAL GUIDANCE RESEARCH. The Federal Aviation Administration is encouraged to conduct research on the laser visual guidance landing system. Passed the House of Representatives September 15, 1999. Attest: JEFF TRANDAHL, Clerk.

Civil Aviation Research and Development Authorization Act of 1999 - Amends Federal transportation law to authorize FY 2000 and 2001 appropriations for certain Federal Aviation Administration (FAA) research and development (R&D) programs. Requires the Department of Transportation's (DOT) annual budget request for the FAA to identify all of the activities carried out by it within the categories of basic research, applied research, and development, as classified by the Office of Management and Budget (OMB) Circular A-11. (Sec. 4) Requires the FAA's national aviation research plan to include, among other things, a highlight of the R&D technology transfer activities that promote technology sharing among government, industry, and academia through the Stevenson-Wydler Technology Innovation Act of 1980. (Sec. 5) Directs the Administrators of the National Aeronautics and Space Administration and the FAA to submit jointly to Congress an integrated civil aviation safety R&D plan. (Sec. 6) Directs the Administrator of the FAA to make available through the FAA Internet home page abstracts relating to all research grants and awards made with funds authorized by this Act, except any material whose release is prohibited by law or regulation. (Sec. 7) Requires the Administrator of the FAA to conduct research to develop technologies and analyze information to predict the effects of aircraft design, maintenance, testing, wear, and fatigue on nonstructural aircraft systems. (Sec. 8) Directs the Administrator of the FAA to exclude from consideration for a FAA grant any person (except certain members of a recipient class) who received grant funds from a Federal funding source for a project that was not subjected to a competitive, merit-based award process. (Sec. 9) Prohibits an entity from spending funds appropriated under this Act unless it agrees to comply with the Buy American Act. Declares that it is the sense of Congress that entities receiving financial assistance under this Act should spend the assistance to purchase only American-made equipment or products. Requires the Administrator of the FAA to provide each recipient of such assistance notice of such Buy American requirements. (Sec. 11) Prohibits the use of funds for contracts with persons falsely labeling products as made in America. (Sec. 12) Encourages the FAA to conduct research on the laser visual guidance landing system.

Civil Aviation Research and Development Authorization Act of 1991

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lewis and Clark National Historic Trail Interpretive Center Act of 2014''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide for a pilot program of public-private partnership regarding the operation of the Lewis and Clark National Historic Trail Interpretive Center; (2) to promote the use and development of the Interpretive Center by the Lewis & Clark Foundation, in support of the purposes of Public Law 100-552 (102 Stat. 2766); (3) to allow and promote use of the Interpretive Center, with the goal of achieving financial self-sustainability; and (4) to authorize the Secretary of Agriculture to participate and cooperate in the operation of the Interpretive Center as necessary or desirable to promote-- (A) the conservation and management of United States public land; (B) the use, understanding, and enjoyment of-- (i) the Interpretive Center; and (ii) natural resources and natural history; and (C) interpretation of the historical events associated with-- (i) the Lewis and Clark Expedition; (ii) Native Americans; and (iii) the American West. SEC. 3. DEFINITIONS. In this Act: (1) Foundation.--The term ``Foundation'' means the Lewis & Clark Foundation, a nonprofit corporation existing under the laws of the State (or any successor in interest to that foundation). (2) Grant deed.--The term ``Grant Deed'' means the instrument that-- (A) conveys to the United States from the Montana Department of Fish, Wildlife and Parks a parcel of land comprising 27.29 acres, as depicted on the Map and located in Cascade County, Montana; (B) comprises 8 pages recorded in the land records of Cascade County as document numbered R0040589; and (C) is dated June 6, 2002. (3) Interpretive center.-- (A) In general.--The term ``Interpretive Center'' means the Lewis and Clark National Historic Trail Interpretive Center, located in Great Falls, Montana. (B) Inclusions.--The term ``Interpretive Center'' includes all land, buildings, and fixtures associated with the center described in subparagraph (A). (4) Map.--The term ``Map'' means the map entitled ``Lewis and Clark Interpretive Center, Tract No. 1 of the Certificate of Survey #3942'', filed on April 18, 2002, in the offices of the Clerk and Recorder, Cascade County, Montana. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) State.--The term ``State'' means the State of Montana. SEC. 4. AMENDMENTS. Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) is amended-- (1) in section 2-- (A) in subsection (b), in the first sentence, by striking ``donated'' and inserting ``conveyed''; and (B) by striking subsection (c); and (2) in section 3(a), by striking the second sentence. SEC. 5. RATIFICATION OF PRIOR CONVEYANCE. Notwithstanding section 2 of Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766), the Grant Deed is ratified in accordance with the terms of the Grant Deed. SEC. 6. CONVEYANCE BY LEASE. (a) Pilot Project.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, without further administrative procedures, reviews, or analyses and subject to valid existing rights of record, the Secretary shall carry out a pilot project under which the Secretary shall offer to lease to the Foundation, for no consideration, the land and improvements comprising the Federal interest in the Interpretive Center, including the real property depicted on the Map and conveyed by the Grant Deed. (2) Timing.--At any time, the Secretary and the Foundation may agree to the lease of all or any portion of the property described in paragraph (1)-- (A) at 1 time; or (B) in phases over time. (3) Personal property conveyance.--The Secretary may convey, by deed of gift or lease to the Foundation, for no consideration, such furniture, equipment, and other personal property as the Secretary and the Foundation agree to be appropriate, including any property that has been used in connection with the operation and maintenance of the Interpretive Center on or before the date of enactment of this Act. (b) Terms and Conditions.-- (1) Term.--The lease under subsection (a) shall be-- (A) for a primary term of not more than 40 years; and (B) renewable for additional terms of not more than 40 years each, in accordance with such terms and conditions as the Secretary and the Foundation agree to be appropriate. (2) Condition.--The Secretary-- (A) shall lease any real or personal property pursuant to this section in the existing condition of the property; and (B) has no obligation to repair or replace any such property or improvement. (3) Requirements.-- (A) In general.--The terms of any lease, lease modification, or lease renewal under this section shall be consistent with the requirements of this Act. (B) Other terms and conditions.--The lease may contain such other terms and conditions including provisions relating to-- (i) the partial occupancy and use at reduced or no charges by the Forest Service, other Federal departments or agencies, and any other entities referred to in Public Law 100- 552 (16 U.S.C. 1244 note; 102 Stat. 2766); (ii) capital improvements made by the Foundation, the title to which shall vest in the United States on termination of the lease, unless otherwise agreed to by the Secretary and the Foundation; and (iii) the upkeep and maintenance of any appropriate facilities by the Foundation. (4) Modifications.--The lease may be modified from time to time by mutual written agreement of the Secretary and the Foundation. (5) Termination.--The lease under subsection (a) shall be terminable by the Secretary in any case in which the Secretary determines that the Interpretive Center is-- (A) destroyed by fire or act of God such that the Interpretive Center cannot continue operating, and the Foundation has elected not to construct or reconstruct any necessary improvements; (B) attempted to be sold, mortgaged, or used as security for indebtedness; (C) abandoned or ceases to be used for the purposes of the lease for a consecutive period of 1 year, unless otherwise agreed to by the Foundation and the Secretary; or (D) used in a manner that is inconsistent with the terms of the lease. (c) Administrative Actions.--The Regional Forester, Northern Region, of the Forest Service may act on behalf of the Secretary in carrying out this Act. (d) Reservation of Rights in United States.-- (1) In general.--At all times, the United States shall reserve the right to locate, develop, and use the Interpretive Center for other uses by the Federal Government that are compatible with the purposes and operation of Interpretive Center. (2) Consultation required.--The Foundation shall be consulted prior to any development or use under paragraph (1). (e) Insurance.-- (1) In general.--The Foundation shall maintain general liability insurance for the duration of the lease under this section, in such amount as is agreed to by the Secretary and the Foundation. (2) Requirement.--The United States shall be named as an additional insured under the policy. SEC. 7. USE BY FOUNDATION. The lease under this Act-- (1) shall permit the Foundation to assume stewardship responsibilities for the Interpretive Center, including through-- (A) the sale of souvenirs and merchandise; (B) the provision of food and visitor services; (C) the rental of facilities for short-term events; and (D) the assessment of admission and use fees in an amount determined by the Foundation; and (2) may permit the Foundation, with prior written approval of the Secretary-- (A) to construct or renovate any applicable improvements; and (B) to sublet any space or facility for any use that is compatible with the purposes of the Interpretive Center. SEC. 8. MONETARY PROVISIONS. (a) Admission and Use Fees.--The Foundation shall have sole discretion to establish and charge admission and use fees for the Interpretive Center. (b) Receipts.--The Foundation may retain and use all amounts generated from the operation of the Interpretive Center, including through-- (1) the sale of merchandise; and (2) the assessment of admission and use fees. (c) Accounts.-- (1) In general.--The Foundation shall maintain documents and accounts that are-- (A) prepared by an accountant certified or licensed by a State regulatory authority; and (B) prepared in accordance with generally accepted accounting principles. (2) Inspection.--All documents and accounts of the Foundation shall be open to inspection by-- (A) the Secretary; and (B) other appropriate Federal officials. (d) State and Local Taxes.-- (1) In general.--The Interpretive Center shall be considered to be Federal property for purposes of taxation by the State government and units of local government. (2) Effect of act.--Nothing in this Act exempts the Foundation or the Interpretive Center from the collection and payment of any sales or excise tax. (e) Federal Assistance.-- (1) In general.--Subject to the availability of appropriated funds, the Secretary may provide to the Foundation (including through a cooperative agreement under section 9) such sums as the Secretary determines to be appropriate for-- (A) startup costs; and (B) subsequent maintenance and operational expenses. (2) Other federal assistance.--The Foundation may apply for and receive any Federal grant or other form of Federal assistance for which the Foundation is otherwise eligible, notwithstanding the status of the Foundation as a lessee of, or cooperator with, the United States. SEC. 9. COOPERATIVE AGREEMENTS. (a) In General.--The Secretary and the Foundation at any time may enter into any cooperative agreement to provide Federal financial or other assistance at the Interpretive Center relating to-- (1) the use of Forest Service employees for interpretive or educational services; (2) the use of equipment; (3) the training of staff and volunteers; (4) the provision of interpretive services, including displays, educational programs, and similar information; (5) maintenance and operational expenses; and (6) any other activity that the Foundation and the Secretary determine to be in support of the purposes of Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) and this Act. (b) Effect of Act.--Nothing in this Act precludes the use of other cooperative authorities of the Secretary, including the National Trails System Act (16 U.S.C. 1241 et seq.). SEC. 10. RELATIONSHIP TO OTHER LAWS. (a) Public Law 100-552.-- (1) In general.--Except as provided in section 4, Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) shall remain in force and effect. (2) Conflicts.--If a conflict arises between Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) and any provision of this Act, the provision of this Act shall prevail. (b) Fees and Charges.--The Foundation and the operation of the Interpretive Center shall not be subject to the requirements of Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) or any other law relating to the charging of admission or use fees on Federal land or facilities. (c) Federal Laws and Regulations.-- (1) In general.--Notwithstanding the lease under this Act, the Interpretive Center shall continue to be subject to the laws and regulations relating to the National Forest System, unless any such law or regulation is inconsistent with Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) or this Act. (2) Regulations.--No provision contained in subpart B of part 251 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), shall apply to the lease authorized by this Act, unless such a provision is incorporated in the lease by agreement of the Secretary and the Foundation. SEC. 11. REPORTS TO CONGRESS. (a) In General.--The Secretary and the Foundation each may submit to Congress, from time to time, reports regarding the status of the pilot project authorized by this Act, including-- (1) an assessment of the lease under the pilot project; and (2) such recommendations as the Secretary or the Foundation determine to be necessary or appropriate for the continued management of the Interpretive Center. (b) Applicability.--The Secretary may advise Congress with respect to the potential applicability of the pilot project under this Act to other interpretive centers within the National Forest System. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as are necessary to carry out-- (1) this Act; and (2) Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766).

Lewis and Clark National Historic Trail Interpretive Center Act of 2014 - Ratifies the conveyance of 27.29 acres of land from the Montana Department of Fish, Wildlife and Parks to the United States. Directs the Department of Agriculture (USDA) to carry out a pilot project under which USDA offers a lease to the Lewis & Clark Foundation of the land and improvements comprising the federal interest in the Lewis and Clark National Historic Trail Interpretive Center located in Great Falls, Montana. Requires the United States to reserve the right to locate, develop, and use the Interpretive Center for other uses by the federal government that are compatible with the purposes and operation of the Center.

Lewis and Clark National Historic Trail Interpretive Center Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trans-Atlantic Religious Protection Act (TARPA) of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Article 18 of the Universal Declaration of Human Rights states that ``[e]veryone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance''. (2) Article 18 of the International Covenant on Civil and Political Rights states that ``[n]o one shall be subject to coercion which would impair his freedom to have or adopt a religion or belief of his choice''. (3) The member countries of the Organization for Security and Cooperation in Europe (OSCE) have undertaken a series of specific commitments designed to ensure the freedom of the individual to profess and practice religion or belief, including a commitment by those countries to ensure the full and effective exercise of the freedom of thought, conscience, religion, or belief, in their laws and regulations. (4) Principle VII of the Helsinki Final Act commits the OSCE member countries to ``recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience''. (5) The 1989 Vienna Concluding Document commits the OSCE member countries to ``take effective measures to prevent and eliminate discrimination against individuals or communities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life''. (6) In the 1991 Moscow Document, the OSCE member countries ``categorically and irrevocably declare that the commitments undertaken in the field of the human dimension . . . are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned''. (7) Freedom of thought, conscience, religion, or belief is inextricably linked to the exercise of other rights, including the right to freedom of peaceful assembly and association, the right to freedom of association with others, and the right to freedom of expression, and the recognition that all persons are equal before the law and are entitled without any discrimination to the equal protection of the law, including in employment. (8) The United States Department of State's annual reports on religious freedom and human rights have documented numerous instances of government discrimination in Western Europe based on religion or belief, including discriminatory acts against American members of several different religious denominations and beliefs. (9) Both the Office of the United States Trade Representative and the Department of State have objected to the use of discriminatory procurement practices by German Federal, state and local governmental agencies and private entities which have the potential to discriminate against United States firms in procurement decisions by permitting agencies and firms to reject bids and terminate contracts with firms that do not attest that the firm and its employees are not affiliated with certain religious beliefs. (10) In France, Federal and local governmental agencies, as well as private businesses responding to French Government actions, have terminated contracts with a United States-owned software firm solely because of the religious beliefs of the firm's founder. (11) A law enacted by the French Parliament on May 30, 2001, contains repressive measures which would have a chilling effect on the freedom religion and belief, including the dissolution of targeted religious associations, the imprisonment of members of such groups, and infringement upon freedom of speech, including speech intended to persuade another person to a particular point of view, whether philosophical or religious. (12) His Holiness Pope John Paul II has spoken out against the new French law as potentially devastating. While formally accepting the credentials of the new French Ambassador to the Holy See, the Pope reminded the ambassador that ``religious liberty in the full sense of the term, is the first human right . . . [t]his means a liberty which is not reduced to the private sphere only . . . [t]o discriminate [against] religious beliefs, or to discredit one or another form of religious practices is a form of exclusion contrary to the respect of fundamental human values and will eventually destabilize society, where a pluralism of thought and action should exist, as well as a benevolent and brotherly attitude . . . [t]his will necessarily create a climate of tension, intolerance, opposition and suspect, not conducive to social peace''. (13) United States Department of State officials testifying on the new French law before the Senate Foreign Relations Committee on May 1, 2001, and the House Committee on International Relations on July 11, 2001, underscored that ``[t]he United States is concerned that such policies are becoming institutionalized in some parts of Europe and are having the effect of appearing to justify restrictive laws elsewhere such as Russia, Central Asia, and even China''. (14) A 1996 French National Assembly report listed 173 organizations as suspect, including independent evangelical Christian churches, Scientologists, Jehovah's Witnesses, and Unificationists and this report has been used by both private and official entities to harass, intimidate, deny employment, and deny commercial loans to listed groups, and members of other religious groups, such as Southern Baptists, Seventh Day Adventists, the Catholic Charismatic Renewal movement, Opus Dei, and the Society of Jesus, have also been subject to recent discrimination and harassment at the hands of the French Government. (15) The Parliament of Austria passed a law in 1997 which codified a tiered system of government recognition and preferential treatment and which requires religious groups seeking recognition to undergo government surveillance for at least 10, or up to 20, years to prove legitimacy to government officials. (16) The Austrian law on religion is cited as justification for more repressive laws being proposed in nascent democracies further east, such as Hungary and Romania, and has been cited by Russian officials as justification for an oppressive 1997 Russian religion law. (17) The Government of Austria has instituted a ``sect'' office which disseminates official propaganda on religious groups not recognized by the government and leading to a chilling effect on religious liberty. (18) The Parliament of Belgium issued a report in 1997 on ``sects'' with a widely circulated informal appendix listing 189 groups as suspect, including many Protestant and Catholic groups, Quakers, Hasidic Jews, Buddhists, and members of the Young Women's Christian Association (YWCA), based on rumor and speculation found in police files, and implicitly warning the public to avoid such ``dangerous'' groups. (19) The Parliament of Belgium has established a government Center for Information and Advice on Harmful Sectarian Organizations which disseminates official views on groups considered ``sects'' as defined by the list in the appendix to the 1997 Belgian Parliament report. (20) On April 29, 1998, the Italian Ministry of Internal Affairs sent a report to the lower house of the Italian Parliament entitled ``Cults and New Magical Movements in Italy''. This report mentions that the Ministry of Internal Affairs monitors 137 groups--76 of which are categorized as ``new religions'' and 61 as ``new magical movements''. This report, according to Dr. Massimo Introvigne of CESNUR in Italy, notes that ``the real danger is that, because of the media event created around the report, respectable and law-abiding citizens who happen to be members of movements mentioned, but explicitly exonerated from any charge in the report may be discriminated against or maligned''. (21) Some evangelical and charismatic Christian churches have been targeted in parliamentary investigations in France, Belgium, and Germany. (22) Jehovah's Witnesses have been subjected in France to various forms of harassment, have been informed by German state tax authorities that the long-standing exemption from property taxation for their houses of worship may be canceled in the near future, continue to suffer from employment discrimination in Austria, France, and Germany, and have been discriminated against in foster parent proceedings in Germany and in some child custody matters in Belgium. (23) Muslims have been subjected to harassment, including police brutality and attacks by extremist groups, particularly in Germany and France, and Muslim women are subject to frequent discrimination and other forms of abuse and harassment because they wear a head covering. (24) Adherents to the Church of Jesus Christ of Latter-day Saints have been subject to continued acts of harassment, including confiscation of religious materials, and are prevented from freely sharing their beliefs in several Organization for Security and Cooperation in Europe (OSCE) member countries. (25) Members of the Church of Scientology have been subject to pervasive civil, political, and economic discrimination, harassment, surveillance, and orchestrated boycotts in Germany, France, Belgium, and Austria. (26) The Law of Sects in Spain, passed in 1989, authorizes the police to investigate ``sects'' with a ``destructive'' character. As a result, a special unit was created within the police to investigate these allegedly dangerous sects. (27) The Government of the Canary Islands, one of Spain's 17 regions, has refused to grant permission to the Salvation Army to open a center for needy children on the grounds that the Salvation Army is categorized as a ``destructive sect''. (28) Actions by Western European governments have contributed to intolerance by public and private actors who have discriminated in hiring practices or terminated employment based on an individual's religious affiliation. (29) The September 11, 2001, terrorist attacks against the United States have intensified fears of infringement and violations of religious freedom, with experts cautioning against the use of the antiterrorism effort as an excuse for arbitrary abuses and proliferation of anti-sect laws and lists such as those used by European countries to monitor or restrict particular religious groups. SEC. 3. DIPLOMATIC EFFORTS. (a) General Efforts.--The President and the Secretary of State-- (1) shall raise violations of freedom of thought, conscience, religion, or belief at every appropriate level with representatives of European countries that have failed to implement their international commitments and obligations in this regard; (2) shall make full use of existing meetings and structures of international organizations and multilateral fora to raise violations by Organization for Security and Cooperation in Europe (OSCE) member countries of freely undertaken international commitments both to protect and to provide for the full and effective exercise of the freedom of thought, conscience, religion, or belief under their respective jurisdictions; and (3) to the maximum extent practicable, shall appoint experts on religious liberty to United States delegations to appropriate meetings of international organizations. (b) United States-EU Inter-Parliamentary Meetings.--United States representatives to the United States-European Union Inter-Parliamentary meetings, should raise at such meetings the issue of laws, regulations, and other practices in the members countries which infringe upon freedom of thought, conscience, religion or belief and take concrete steps to address these violations. SEC. 4. ACTIONS BY DEPARTMENT OF STATE. (a) Diversity and Tolerance Exchanges.--The Secretary of State, through the Bureau of Educational and Cultural Exchange, shall promote educational and cultural workshops and forums among academics, religious leaders, and human rights organizations in the United States and their European counterparts in an effort to promote a better understanding of religious and philosophical diversity and a tolerant society. (b) Human Rights Monitors.--The Secretary of State, through the Bureau of Democracy, Human Rights, and Labor and the Bureau of Diplomatic and Consular Affairs, shall train United States human rights monitors stationed at European posts to identify, investigate, and monitor persecution and discrimination on the basis of religion or belief. (c) Denial of Visas.--The Secretary of State may not issue a visa to, and the Attorney General shall exclude from the United States, any alien who the Secretary of State determines is a high-ranking official of the government of a country, or a commercial or other entity of a government, which is in violation of international obligations to guarantee and ensure the full and effective exercise of freedom of thought, conscience, religion, or belief. (d) Travel Advisories.--The Secretary of State shall issue travel advisories on countries which discriminate on the basis of religion or belief advising Americans of the potential dangers faced by individuals who are members of targeted groups. SEC. 5. ACTIONS BY UNITED STATES TRADE REPRESENTATIVE. The President shall, in accordance with section 301(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a)(1)), direct the United States Trade Representative-- (1) to take all appropriate action authorized under section 301(c) of such Act against each European country the government of which engages in or tolerates violations of religious freedom (as determined under section 401 of the International Religious Freedom Act of 1998), including the imposition of duties or other import restrictions on goods of such country that are similar to the goods of a United States individual or United States business (or its subsidiary) that is subject to such violations of religious freedom; and (2) to initiate appropriate action at the World Trade Organization against each European country described in paragraph (1). SEC. 6. ACTIONS BY DEPARTMENT OF COMMERCE. The President shall direct the Secretary of Commerce-- (1) to incorporate into the programs and assistance of the International Trade Administration guidelines and warnings regarding the discriminatory practices of European countries against United States products or businesses (and their subsidiaries) on the basis of religion or belief; and (2) to make it a priority to advocate on behalf of United States businesses being discriminated against by European countries on the basis of religion or belief to ensure full market access and achieve full compliance by such countries with international trade agreements and accords entered into with the United States. SEC. 7. PRESIDENTIAL WAIVER. (a) Waiver.--Subject to subsection (b), the President may waive any provision of this Act with respect to a country if the President determines and so reports to Congress that-- (1) the government of the country has ceased the violations giving rise to the action under this Act; (2) the exercise of the waiver would further the purposes of this Act; or (3) it is important to the national interests of the United States to do so. (b) Congressional Notification.--Prior to exercising his authority to waive any provision of this Act pursuant to subsection (a), the President shall notify Congress of the waiver together with a detailed justification thereof.

Trans-Atlantic Religious Protection Act (TARPA) of 2001 - Directs the President and the Secretary of State to raise violations of freedom of thought, conscience, religion, or belief at every level (including at international meetings) with representatives of European countries that have failed to implement their international commitments and obligations with respect to such freedoms.Directs the Secretary of State to: (1) promote educational and cultural workshops and forums among academies, religious leaders, and human rights organizations in the United States and in Europe in an effort to promote a better understanding of religious and philosophical diversity and a tolerant society; (2) train U.S. human rights monitors stationed at European posts to identify, investigate, and monitor persecution and discrimination on the basis of religion or belief; and (3) issue travel advisories on countries which discriminate on the basis of religion or belief advising Americans of potential dangers faced by individuals who are members of targeted groups. Authorizes the Secretary of State not to issue a visa to, and requires the Attorney General to exclude from the United States, any alien who is a high-ranking official of a government which is in violation of international obligations to guarantee such freedoms.Directs the U.S. Trade Representative to impose certain trade sanctions against European countries that engage in or tolerate violations of religious freedom.Directs the Secretary of Commerce to incorporate into International Trade Administration programs guidelines and warnings regarding discriminatory practices of European countries against U.S. products or businesses on the basis of religion.

To promote greater cooperation between the United States and its European allies toward religious tolerance and to require the imposition of punitive measures with respect to entities that discriminate against individuals or groups on the basis of religion or belief.

TITLE I--GENERAL PROVISIONS SEC. 101. SHORT TITLE. This Act may be cited as the ``Family Unity Demonstration Project Act of 1993''. SEC. 102. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) An increasing number of children are becoming separated from their primary caretaker parents due to the incarceration of such parents in prisons and jails. (2) This separation of children from their primary caretaker parents can cause irreparable harm to the children's psychological well-being and hinder their growth and development. (3) A significant number of children are born shortly before or during the incarceration of their mothers and are then quickly separated from their mothers, preventing the parent-child bonding that is crucial to developing in children a sense of security and trust. (4) Maintaining close relationships with their children provides a powerful incentive for prisoners to participate in and successfully benefit from rehabilitative programs. (5) Maintaining strong family ties during imprisonment has been shown to decrease recidivism, thereby reducing prison costs. (b) Purposes.--The purposes of this Act are-- (1) to create demonstration projects designed to alleviate the harm to children and primary caretaker parents caused by separation due to the incarceration of such parents, (2) to promote development of policies to assign prisoners whenever possible to correctional facilities for which they qualify closest to their family homes, (3) to reduce prison populations, (4) to reduce recidivism rates of prisoners by encouraging strong and supportive family relationships, and (5) to reduce the cost of providing correctional services and maintaining traditional correctional facilities by decreasing recidivism and maintaining community correctional facilities at lower cost. SEC. 103. DEFINITIONS. For purposes of this Act: (1) Attorney general.--The term ``Attorney General'' means the Attorney General of the United States. (2) Child.--The term ``child'' means an individual who is less than 6 years of age. (3) Community correctional facility.--The term ``community correctional facility'' means a residential facility that-- (A) is used only for eligible prisoners and their children, (B) is neither physically part of, nor in the vicinity of, a jail or prison, (C) is located in a nonrural area, (D) has a maximum capacity of 25 prisoners in addition to their children, and (E) provides to residents-- (i) a safe, wholesome, stable, caring, and stimulating environment for children, under the supervision of child development professionals, (ii) pediatric and adult medical care consistent with medical standards, (iii) culturally sensitive programs to improve the stability of the parent-child relationship, including educating parents regarding-- (I) child development, and (II) household management, (iv) alcoholism and drug addiction treatment for prisoners and age-appropriate substance abuse education for their children, (v) programs and support services to help residents-- (I) to improve and maintain mental and physical health, including access to counseling and other community services, (II) to obtain adequate housing upon release from State incarceration, (III) to obtain suitable education, employment, or training for employment, and (IV) to obtain suitable child care. (4) Eligible prisoner.--The term ``eligible prisoner'' means a primary caretaker parent who-- (A) is sentenced to a term of imprisonment of not more than 10 years, (B) is incarcerated currently to serve such sentence, (C) is not eligible currently for probation or parole until the expiration of a period exceeding 180 days, and (D) has never been convicted of-- (i) homicide, (ii) inflicting, or threatening to inflict, serious bodily injury on another individual, for which the term of imprisonment exceeds 1 year, (iii) kidnapping, (iv) child neglect or mental, physical, or sexual abuse of a child, (v) forcible rape, or (vi) sodomy or oral copulation, by force. (5) Institute.--The term ``Institute'' means the National Institute of Corrections. (6) Primary caretaker parent.--The term ``primary caretaker parent'' means-- (A) a parent who-- (i) has exclusive legal custody of a child, and (ii) before incarceration, assumed responsibility for the housing (including temporary placement in the home of a responsible adult), health, and safety of such parent's child, or (B) a woman who gives birth to a child during, or in the 1-year period preceding, the term for which such woman is currently incarcerated. (7) State.--The term ``State'' means any of the several States or the District of Columbia. SEC. 104. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There is authorized to be appropriated $8,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, and 1997 to carry out this Act. (b) Availability of Appropriations.--Of the amount appropriated under subsection (a) for any fiscal year-- (1) 80 percent shall be available to carry out title II, and (2) 20 percent shall be available to carry out title III. TITLE II--GRANTS TO STATES SEC. 201. AUTHORITY TO MAKE GRANTS. (a) General Authority.--The Director of the Institute is authorized to make grants, on a competitive basis, to States to carry out in accordance with this title family unity demonstration projects that enable eligible prisoners to live in community correctional facilities with their children. (b) Preference.--For the purpose of making grants under subsection (a), the Institute shall give preference to any eligible State that includes in the application required by section 202 assurances that if such State receives such a grant-- (1) both the State corrections agency and the State health and human services agency will participate substantially in, and cooperate closely in all aspects of, the development and operation of the family unity demonstration project for which such a grant is requested, (2) public and nonprofit private community-based organizations will be integrally involved in carrying out such project, both in an advisory capacity and as contractors, (3) boards made up of community residents, local businesses, corrections officials, former prisoners, child development professionals, educators, and maternal and child health professionals will be established to advise the State regarding the operation of such project, (4) the State will show a commitment to using community placement as an alternative to traditional incarceration, to decrease the prison population and not as an alternative to placement in halfway houses, (5) the State will target economically disadvantaged, incarcerated prisoners and their children for participation in such project, (6) the State has in effect a policy that provides for the placement of all prisoners, whenever possible, in correctional facilities for which they qualify that are located closest to their respective family homes, (7) the State will implement such project not later than 180 days after receiving a grant under subsection (a) and will expend all of such grant during a 1-year period, and (8) for the purpose of selecting eligible prisoners to participate in such project, the State will-- (A) give written notice to a prisoner, not later than 30 days after the State first receives a grant under subsection (a) or 30 days after such prisoner is sentenced to a term of imprisonment of not more than 10 years (whichever is later), of the proposed or current operation of such project, as the case may be, (B) accept at any time such project is in operation an application by such prisoner to participate in such project if, at the time of application, the remainder of the sentence of such prisoner exceeds 180 days, (C) review applications by prisoners in the sequence in which the State receives such applications, (D) not less than 10 days before reviewing a particular application to participate in such project, the State will give to the prisoner who submitted such application and to each caretaker, custodian, or guardian of the child of such prisoner written notice that-- (i) the State will review such application, (ii) for the purpose of such review, there is a rebuttable presumption that it is in the best interest of such child to resume living with such prisoner if such application is approved, and (iii) the State will accept from the recipients of such notice comments with respect to such application, and (E) not more than 40 days after giving such notice-- (i) approve or disapprove such application, and (ii) give such prisoner and such caretaker, custodian, or guardian written notice of, and a statement of the reasons for, the approval or disapproval of such application. (c) Selection of Grantees.--The Institute shall make grants under subsection (a) on a competitive basis, based on such criteria as the Institute shall issue by rule and taking into account the preference required by subsection (b). (d) Number of Grants.--In any fiscal year for which funds are available to carry out this title, the Institute shall make grants to 5 eligible States geographically dispersed throughout all regions of the United States. SEC. 202. ELIGIBILITY TO RECEIVE GRANTS. To be eligible to receive a grant under section 201(a), a State shall submit to the Institute an application at such time, in such form, and containing such information, as the Institute reasonably may require by rule. SEC. 203. REPORT. Each State that receives a grant under this title shall submit a report to the Institute regarding the family unity demonstration project for which such grant is expended. Such report shall be submitted not later than 90 days after the 1-year period in which such grant is required to be expended. Such report shall-- (1) specify the number of prisoners who submitted, in such 1-year period, applications to participate in such project and the number of prisoners who were placed in such project, (2) specify, with respect to prisoners placed in such project, the number of prisoners who returned from such project to prison or jail, (3) a description of the nature and scope of educational and training activities provided to prisoners participating in such project, and (4) specify the number, and describe the scope of, contracts made with public and nonprofit private community- based organizations to carry out such project. TITLE III--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS SEC. 301. AUTHORITY OF THE ATTORNEY GENERAL. With funds available to carry out this title for the benefit of federal prisoners and acting through the Bureau of Prisons, the Attorney General shall carry out a family unity demonstration project that enables eligible prisoners to live in community correctional facilities with their children. SEC. 302. REQUIREMENTS. For the purpose of carrying out a family unity demonstration project under section 301, the Attorney General shall-- (1) comply with the requirements specified in paragraphs (2), (3), (4), (5), (7), and (8) of section 201(b) to the extent a recipient of a grant under section 201(a) is required to comply with such requirements, (2) consult with the Secretary of Health and Human Services regarding the development and operation of such project, and (3) submit to the National Institute of Corrections a report of the kind described, and at the time specified, in section 203 regarding the operation of such project.

TABLE OF CONTENTS: Title I: General Provisions Title II: Grants to States Title III: Family Unity Demonstration Project for Federal Prisoners Title I: General Provisions - Family Unity Demonstration Project Act of 1993 - Authorizes appropriations for State (80 percent) and Federal (20 percent) family unity demonstration projects that enable eligible prisoners to live in community correctional facilities with their children for purposes of alleviating harm to children and primary caretaker parents caused by separation due to incarceration, promoting policies to assign prisoners to correctional facilities for which they qualify closest to their family homes, reducing prison populations and recidivism rates, and reducing the cost of providing correctional services. Title II: Grants to States - Authorizes the Director of the National Institute of Corrections (NIC) to make grants to States to carry out such projects, giving preference to States providing assurances that: (1) the State corrections and health and human services agencies will participate and cooperate closely in the development and operation of the project; (2) public and nonprofit private community-based organizations will be integrally involved; (3) the State will target economically disadvantaged, incarcerated prisoners and their children for participation; (4) the State has a policy that provides for the placement of prisoners in correctional facilities for which they qualify that are located closest to their family homes; and (5) the State will follow specified guidelines in selecting prisoners to participate. Directs the NIC to make grants on a competitive basis to five eligible States geographically dispersed throughout the United States. Sets forth conditions for grant eligibility and State reporting requirements. Title III: Family Unity Demonstration Project for Federal Prisoners - Directs the Attorney General to: (1) carry out a family unity demonstration project that enables eligible prisoners to live in community correctional facilities with their children; (2) comply with preference and reporting requirements established under this Act; and (3) consult with the Secretary of Health and Human Services regarding development and operation of such project.

Family Unity Demonstration Project Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Follows the Person Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In his budget for fiscal year 2004, President George W. Bush proposes a ``Money Follows the Person'' rebalancing initiative under the medicaid program to help States rebalance their long-term services support systems more evenly between institutional and community-based services. (2) The President, by proposing this initiative, and Congress, recognize that States have not fully developed the systems needed to create a more equitable balance between institutional and community-based services spending under the medicaid program. (3) While a few States have been successful at achieving this balance, nationally, approximately 70 percent of the medicaid funding spent for long-term services is devoted to nursing facilities and intermediate care facilities for the mentally retarded. Only 30 percent of such funding is spent for community-based services. (4) As a result, there are often long waiting lists for community-based services and supports. (5) In the Americans with Disabilities Act of 1990, Congress found that individuals with disabilities continue to encounter various forms of discrimination, including segregation, and that discrimination persists in such critical areas as institutionalization. (6) In 1999, the Supreme Court held in Olmstead v. LC (527 U.S. 581 (1999)) that needless institutionalization is discrimination under the Americans with Disabilities Act of 1990, noting that institutional placement of people who can be served in the community ``perpetuates unwarranted assumptions that persons so isolated are unworthy of participating in community life.'' (Id. at 600). The Court further found that ``confinement in an institution severely diminishes the everyday life activities of individuals, including family relations, social contacts, work options, economic independence, educational advancement, and cultural enrichment.'' (Id. at 601). (7) Additional resources would be helpful for assisting States in rebalancing their long-term services support system and complying with the Olmstead decision. SEC. 3. AUTHORITY TO CONDUCT MEDICAID DEMONSTRATION PROJECTS. (a) Definitions.--In this section: (1) Community-based services and supports.--The term ``community-based services and supports'' means, with respect to a State, any items or services that are an allowable expenditure for medical assistance under the State medicaid program, or under a waiver of such program and that the State determines would allow an individual to live in the community. (2) Individual's representative; representative.--The terms ``individual's representative'' and ``representative'' mean a parent, family member, guardian, advocate, or authorized representative of an individual. (3) Medicaid long-term care facility.--The term ``medicaid long-term care facility'' means a hospital, nursing facility, or intermediate care facility for the mentally retarded, as such terms are defined for purposes of the medicaid program. (4) Medicaid program.--The term ``medicaid program'' means the State medical assistance program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) State.--The term ``State'' has the meaning given such term for purposes of the medicaid program. (b) State Application.--A State may apply to the Secretary for approval to conduct a demonstration project under which the State shall provide community-based services and supports to individuals-- (1) who are eligible for medical assistance under the medicaid program; (2) who are residing in a medicaid long-term care facility and who have resided in such facility for at least 90 days; and (3) with respect to whom there has been a determination that but for the provision of community-based services and supports, the individuals would continue to require the level of care provided in a medicaid long-term care facility. (c) Requirements.--A State is not eligible to conduct a demonstration project under this section unless the State certifies the following: (1) With respect to any individual provided community-based services and supports under the demonstration project, the State shall continue to provide community-based services and supports to the individual under the medicaid program (and at the State's Federal medical assistance percentage (as defined in section 1905(b) of the Social Security Act) reimbursement rate), for as long as the individual remains eligible for medical assistance under the State medicaid program and continues to require such services and supports, beginning with the month that begins after the 12-month period in which the individual is provided such services and supports under the demonstration project. (2) The State shall allow an individual participating in the demonstration project (or, as appropriate, the individual's representative) to choose the setting in which the individual desires to receives the community-based services and supports provided under the project. (3) The State shall identify and educate individuals residing in a medicaid long-term care facility who are eligible to participate in the demonstration project (and, as appropriate the individual's representative) about the opportunity for the individual to receive community-based services and supports under the demonstration project. (4) The State shall ensure that each individual identified in accordance with paragraph (3) (and, as appropriate, the individual's representative), has the opportunity, information, and tools to make an informed choice regarding whether to transition to the community through participation in the demonstration project or to remain in the medicaid long-term care facility. (5) The State shall maintain an adequate quality improvement system so that individuals participating in the demonstration project receive adequate services and supports. (6) The State shall conduct a process for public participation in the design and development of the demonstration project and such process shall include the participation of individuals with disabilities, elderly individuals, or individuals with chronic conditions who are part of the target populations to be served by the demonstration project, and the representatives of such individuals. (7) The Federal funds paid to a State pursuant to this section shall only supplement, and shall not supplant, the level of State funds expended for providing community-based services and supports for individuals under the State medicaid program as of the date the State application to conduct a demonstration project under this section is approved. (d) Approval of Demonstration Projects.-- (1) In general.--Subject to paragraph (2), the Secretary shall conduct a competitive application process with respect to applications submitted under subsection (b) (taking into consideration the preferences provided under paragraph (2)) that meet the requirements of subsection (c). In determining whether to approve such an application, the Secretary may waive the requirement of-- (A) section 1902(a)(1) of the Social Security Act (42 U.S.C. 1396a(a)(1)) to allow for sub-State demonstrations; (B) section 1902(a)(10)(B) of such Act (42 U.S.C. 1396a(a)(10)(B)) with respect to comparability; and (C) section 1902(a)(10)(C)(i)(III) of such Act (42 U.S.C. 1396a(a)(10)(C)(i)(III)) with respect to income and resource limitations. (2) Preference for certain applications.--In approving applications to conduct demonstration projects under this section, the Secretary shall give preference to approving applications that indicate that the State shall do the following: (A) Design and implement enduring improvements in community-based long-term services support systems within the State to enable individuals with disabilities to live and participate in community life, particularly with respect to those practices that will ensure the successful transition of such individuals from medicaid long-term care facilities into the community. (B) Design and implement a long-term services support system in the State that prevents individuals from entering medicaid long-term care facilities in order to gain access to community-based services and supports. (C) Engage in systemic reform activities within the State to rebalance expenditures for long-term services under the State medicaid program through administrative actions that reduce reliance on institutional forms of service and build up more community capacity. (D) Address the needs of populations that have been underserved with respect to the availability of community services or involve individuals or entities that have not previously participated in the efforts of the State to increase access to community-based services. (E) Actively engage in collaboration between public housing agencies, the State medicaid agency, independent living centers, and other agencies and entities in order to coordinate strategies for obtaining community integrated housing and supportive services for an individual who participates in the demonstration project, both with respect to the period during which such individual participates in the project and after the individual's participation in the project concludes, in order to enable the individual to continue to reside in the community. (F) Develop and implement policies and procedures that allow the State medicaid agency to administratively transfer or integrate funds from the State budget accounts that are obligated for expenditures for medicaid long-term care facilities to other accounts for obligation for the provision of community-based services and supports (including accounts related to the provision of such services under a waiver approved under section 1915 of the Social Security Act (42 U.S.C. 1396n)) when an individual transitions from residing in such a facility to residing in the community. (e) Payments to States.-- (1) In general.--The Secretary shall pay to each State with a demonstration project approved under this section an amount for each quarter occurring during the period described in paragraph (2) equal to 100 percent of the State's expenditures in the quarter for providing community-based services and supports to individuals participating in the demonstration project. (2) Period described.--The period described in this paragraph is the 12-month period that begins on the date on which an individual first receives community-based services and supports under the demonstration project in a setting that is not a medicaid long-term care facility and is selected by the individual. (f) Reports.-- (1) In general.--Each State conducting a demonstration project under this section shall submit a report to the Secretary that, in addition to such other requirements as the Secretary may require, includes information regarding-- (A) the types of community-based services and supports provided under the demonstration project; (B) the number of individuals served under the project; (C) the expenditures for, and savings resulting from, conducting the project; and (D) to the extent applicable, the changes in State's long-term services system developed in accordance with the provisions of subsection (d)(2). (2) Uniform data format.--In requiring information under this subsection, the Secretary shall develop a uniform data format to be used by States in the collection and submission of data in the State report required under paragraph (1). (g) Evaluations.--The Secretary shall use an amount, not to exceed one-half of 1 percent of the amount appropriated under subsection (h) for each fiscal year, to provide, directly or through contract-- (1) for the evaluation of the demonstration projects conducted under this section; (2) technical assistance to States concerning the development or implementation of such projects; and (3) for the collection of the data described in subsection (f)(1). (h) Funding.-- (1) In general.--There is appropriated to carry out this section $350,000,000 for each of fiscal years 2004 through 2008. (2) Availability.--Funds appropriated under paragraph (1) for a fiscal year shall remain available until expended, but not later than September 30, 2008.

Money Follows the Person Act of 2003 - Authorizes a State to apply to the Secretary of Health and Human Services for approval to conduct a demonstration project under which the State shall provide community-based services and supports to Medicaid-eligible individuals residing in a Medicaid long-term care facility for at least 90 days with respect to whom it is determined that, but for community-based services and supports, the individual would continue to require the level of care provided in a Medicaid long-term care facility.

A bill to establish a demonstration project under the medicaid program to encourage the provision of community-based services to individuals with disabilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosecution Drug Treatment Alternative to Prison Act of 2001''. SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY STATE OR LOCAL PROSECUTORS. (a) Prosecution Drug Treatment Alternative to Prison Programs.-- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new part: ``PART CC--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ``SEC. 2901. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General may make grants to State or local prosecutors for the purpose of developing, implementing, or expanding drug treatment alternative to prison programs that comply with the requirements of this part. ``(b) Use of Funds.--A State or local prosecutor who receives a grant under this part shall use amounts provided under the grant to develop, implement, or expand the drug treatment alternative to prison program for which the grant was made, which may include payment of the following expenses: ``(1) Salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit. ``(2) Payments to licensed substance abuse treatment providers for providing treatment to offenders participating in the program for which the grant was made, including aftercare supervision, vocational training, education, and job placement. ``(3) Payments to public and nonprofit private entities for providing treatment to offenders participating in the program for which the grant was made, including alternative to prison programs authorized by State or municipal agencies to perform such services. ``(c) Federal Share.--The Federal share of a grant under this part shall not exceed 75 percent of the cost of the program. ``(d) Supplement and Not Supplant.--Grant amounts received under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for activities funded under this part. ``SEC. 2902. PROGRAM REQUIREMENTS. ``A drug treatment alternative to prison program with respect to which a grant is made under this part shall comply with the following requirements: ``(1) A State or local prosecutor shall administer the program. ``(2) An eligible offender may participate in the program only with the consent of the State or local prosecutor. ``(3) Each eligible offender who participates in the program shall, as an alternative to incarceration, be sentenced to or placed with a residential substance abuse treatment provider that is licensed under State or local law. ``(4) Each eligible offender who participates in the program shall serve a sentence of imprisonment with respect to the underlying crime if that offender does not successfully complete treatment with the residential substance abuse provider. ``(5) Each residential substance abuse provider treating an offender under the program shall-- ``(A) make periodic reports of the progress of treatment of that offender to the State or local prosecutor carrying out the program and to the appropriate court in which the defendant was convicted; and ``(B) notify that prosecutor and that court if that offender absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program. ``(6) The program shall have an enforcement unit comprised of law enforcement officers under the supervision of the State or local prosecutor carrying out the program, the duties of which shall include verifying an offender's addresses and other contacts, and, if necessary, locating, apprehending, and arresting an offender who has absconded from the facility of a residential substance abuse treatment provider or otherwise violated the terms and conditions of the program, and returning such offender to court for sentence on the underlying crime. ``SEC. 2903. APPLICATIONS. ``(a) In General.--To request a grant under this part, a State or local prosecutor shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. ``(b) Certifications.--Each such application shall contain the certification of the State or local prosecutor that the program for which the grant is requested shall meet each of the requirements of this part. ``SEC. 2904. GEOGRAPHIC DISTRIBUTION. ``The Attorney General shall ensure that, to the extent practicable, the distribution of grant awards is equitable and includes State or local prosecutors-- (1) in each State; and (2) in rural, suburban, and urban jurisdictions. ``SEC. 2905. REPORTS AND EVALUATIONS. ``For each fiscal year, each recipient of a grant under this part during that fiscal year shall submit to the Attorney General a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. ``SEC. 2906. DEFINITIONS. ``In this part: ``(1) The term `State or local prosecutor' means any district attorney, State attorney general, county attorney, or corporation counsel who has authority to prosecute criminal offenses under State or local law. ``(2) The term `eligible offender' means an individual who-- ``(A) has been convicted of, or pled guilty to, or admitted guilt with respect to a crime for which a sentence of imprisonment is required and has not completed such sentence; ``(B) has never been convicted of, or pled guilty to, or admitted guilt with respect to, and is not presently charged with, a felony crime of violence or a major drug offense or a crime that is considered a violent felony under State or local law; and ``(C) has been found by a professional substance abuse screener to be in need of substance abuse treatment because that offender has a history of substance abuse that is a significant contributing factor to that offender's criminal conduct. ``(3) The term `felony crime of violence' has the meaning given such term in section 924(c)(3) of title 18, United States Code. ``(4) The term `major drug offense' has the meaning given such term in section 36(a) of title 18, United States Code.''. (b) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following new paragraph: ``(24) There are authorized to be appropriated to carry out part AA-- ``(A) $75,000,000 for fiscal year 2002; ``(B) $85,000,000 for fiscal year 2003; ``(C) $95,000,000 for fiscal year 2004; ``(D) $105,000,000 for fiscal year 2005; and ``(E) $125,000,000 for fiscal year 2006.''.

Prosecution Drug Treatment Alternative to Prison Act of 2001 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to State or local prosecutors for the purpose of developing, implementing, or expanding drug treatment alternative to prison programs under which eligible offenders, as an alternative to incarceration, shall be sentenced to or placed with a licensed residential substance abuse treatment provider.Requires: (1) each eligible offender who participates in such a program but does not successfully complete treatment to serve a sentence of imprisonment for the underlying crime; and (2) each program to have an enforcement unit comprised of law enforcement officers under the supervision of a State or local prosecutor.

To establish grants for drug treatment alternative to prison programs administered by State or local prosecutors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cybersecurity Standards for Aircraft to Improve Resilience Act of 2016'' or the ``Cyber AIR Act''. SEC. 2. DEFINITIONS. In this Act: (1) Covered air carrier.--The term ``covered air carrier'' means an air carrier or a foreign air carrier (as those terms are defined in section 40102 of title 49, United States Code). (2) Covered manufacturer.--The term ``covered manufacturer'' means an entity that-- (A) manufactures or otherwise produces aircraft and holds a production certificate under section 44704(c) of title 49, United States Code; or (B) manufactures or otherwise produces electronic control, communications, maintenance, or ground support systems for aircraft. (3) Cyberattack.--The term ``cyberattack'' means the unauthorized access to aircraft electronic control or communications systems or maintenance or ground support systems for aircraft, either wirelessly or through a wired connection. (4) Critical software systems.--The term ``critical software systems'' means software systems that can affect control over the operation of an aircraft. (5) Entry point.--The term ``entry point'' means the means by which signals to control a system on board an aircraft or a maintenance or ground support system for aircraft may be sent or received. SEC. 3. DISCLOSURE OF CYBERATTACKS BY THE AVIATION INDUSTRY. (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations requiring covered air carriers and covered manufacturers to disclose to the Federal Aviation Administration any attempted or successful cyberattack on any system on board an aircraft, whether or not the system is critical to the safe and secure operation of the aircraft, or any maintenance or ground support system for aircraft, operated by the air carrier or produced by the manufacturer, as the case may be. (b) Use of Disclosures by the Federal Aviation Administration.--The Administrator of the Federal Aviation Administration shall use the information obtained through disclosures made under subsection (a) to improve the regulations required by section 4 and to notify air carriers, aircraft manufacturers, and other Federal agencies of cybersecurity vulnerabilities in systems on board an aircraft or maintenance or ground support systems for aircraft. SEC. 4. INCORPORATION OF CYBERSECURITY INTO REQUIREMENTS FOR AIR CARRIER OPERATING CERTIFICATES AND PRODUCTION CERTIFICATES. (a) Regulations.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Attorney General, the Federal Communications Commission, and the Director of National Intelligence, shall prescribe regulations to incorporate requirements relating to cybersecurity into the requirements for obtaining an air carrier operating certificate or a production certificate under chapter 447 of title 49, United States Code. (b) Requirements.--In prescribing the regulations required by subsection (a), the Secretary shall-- (1) require all entry points to the electronic systems of each aircraft operating in United States airspace and maintenance or ground support systems for such aircraft to be equipped with reasonable measures to protect against cyberattacks, including the use of isolation measures to separate critical software systems from noncritical software systems; (2) require the periodic evaluation of the measures described in paragraph (1) for security vulnerabilities using best security practices, including the appropriate application of techniques such as penetration testing, in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Attorney General, the Federal Communications Commission, and the Director of National Intelligence; and (3) require the measures described in paragraph (1) to be periodically updated based on the results of the evaluations conducted under paragraph (2). SEC. 5. ANNUAL REPORT ON CYBERATTACKS ON AIRCRAFT SYSTEMS AND MAINTENANCE AND GROUND SUPPORT SYSTEMS. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of the Federal Aviation Administration shall submit to the appropriate committees of Congress a report on attempted and successful cyberattacks on any system on board an aircraft, whether or not the system is critical to the safe and secure operation of the aircraft, and on maintenance or ground support systems for aircraft, that includes-- (1) the number of such cyberattacks during the year preceding the submission of the report; (2) with respect to each such cyberattack-- (A) an identification of the system that was targeted; (B) a description of the effect on the safety of the aircraft as a result of the cyberattack; and (C) a description of the measures taken to counter or mitigate the cyberattack; (3) recommendations for preventing a future cyberattack; (4) an analysis of potential vulnerabilities to cyberattacks in systems on board an aircraft and in maintenance or ground support systems for aircraft; and (5) recommendations for improving the regulatory oversight of aircraft cybersecurity. (b) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 6. MANAGING CYBERSECURITY RISKS OF CONSUMER COMMUNICATIONS EQUIPMENT. (a) In General.--The Commercial Aviation Communications Safety and Security Leadership Group established by the memorandum of understanding between the Department of Transportation and the Federal Communications Commission entitled ``Framework for DOT-FCC Coordination of Commercial Aviation Communications Safety and Security Issues'' and dated January 29, 2016 (in this section known as the ``Leadership Group''), shall be responsible for evaluating the cybersecurity vulnerabilities of broadband wireless communications equipment designed for consumer use on board aircraft operated by covered air carriers that is installed before, on, or after, or is proposed to be installed on or after, the date of the enactment of this Act. (b) Responsibilities.--To address cybersecurity risks arising from malicious use of communications technologies on board aircraft operated by covered air carriers, the Leadership Group shall-- (1) ensure the development of effective methods for preventing foreseeable cyberattacks that exploit broadband wireless communications equipment designed for consumer use on board such aircraft; and (2) require the implementation by covered air carriers, covered manufacturers, and communications service providers of all technical and operational security measures that are deemed necessary and sufficient by the Leadership Group to prevent cyberattacks described in paragraph (1). (c) Report Required.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Leadership Group shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on-- (A) the technical and operational security measures developed to prevent foreseeable cyberattacks that exploit broadband wireless communications equipment designed for consumer use on board aircraft operated by covered air carriers; and (B) the steps taken by covered air carriers, covered manufacturers, and communications service providers to implement the measures described in subparagraph (A). (2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

Cybersecurity Standards for Aircraft to Improve Resilience Act of 2016 or the Cyber AIR Act This bill directs the Department of Transportation (DOT) to require domestic or foreign air carriers and manufacturers of aircraft or electronic control, communications, maintenance, or ground support systems for aircraft to disclose to the Federal Aviation Administration (FAA) any attempted or successful cyberattack against any system on board an aircraft or against any maintenance or ground support system for aircraft. The FAA shall use the information obtained through such disclosures to: (1) improve the regulations (to be prescribed by DOT) to incorporate requirements relating to cybersecurity into the requirements for obtaining an air carrier operating certificate or a production certificate; and (2) notify air carriers, aircraft manufacturers, and other federal agencies of cybersecurity vulnerabilities in systems on board an aircraft or maintenance or ground support systems for aircraft. In prescribing such regulations, DOT must require: (1) all entry points to the electronic systems of each aircraft operating in U.S. airspace and maintenance or ground support systems for such aircraft to be equipped with reasonable measures to protect against cyberattacks; and (2) the periodic evaluation of, and updates to, such measures for security vulnerabilities using best security practices. The FAA must report to Congress annually on attempted and successful cyberattacks against any system on board an aircraft and against maintenance or ground support systems for aircraft. The Commercial Aviation Communications Safety and Security Leadership Group shall: (1) be responsible for evaluating the cybersecurity vulnerabilities of certain broadband wireless communications equipment designed for consumer use on board aircraft; and (2) require the implementation by air carriers, manufacturers, and communications service providers of technical and operational security measures it deems necessary to prevent cyberattacks that exploit such equipment.

Cyber AIR Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rigs to Reefs Habitat Protection Act''. SEC. 2. DEFINITIONS. In this Act: (1) Decommissioning.--The term ``decommissioning'' includes the flushing, plugging, and cementing of a platform. (2) Fund.--The term ``Fund'' means the Reef Maintenance Fund established by section 3(h)(1). (3) Notice.--The term ``Notice'' means the notice to lessees numbered 2010-G05, entitled ``Notice to Lessees and Operators of Federal Oil and Gas Leases and Pipeline Right-of- Way Holders in the Outer Continental Shelf, Gulf of Mexico OCS Region'', and issued September 15, 2010. (4) Platform.--The term ``platform'' means an offshore oil and gas platform in the Gulf of Mexico that, as determined by the Secretary-- (A) is no longer useful for operations, as defined in the Notice; and (B) has become critical for marine fisheries habitat. (5) Program.--The term ``Program'' means the artificial reef program authorized under the National Fishing Enhancement Act of 1984 (33 U.S.C. 2101 et seq.). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. USE OF CERTAIN OFFSHORE OIL AND GAS PLATFORMS FOR ARTIFICIAL REEFS. (a) Assessment.--As soon as practicable after the date of enactment of this Act, the Secretary shall conduct an assessment of each of the platforms-- (1) to determine whether there are coral populations or other protected species in the vicinity of the platform; and (2) to identify any species in the vicinity of the platform that have recreational or commercial value. (b) Prohibition of Removal.-- (1) In general.--Notwithstanding the Notice, no platforms shall be removed in accordance with the Notice until the date on which the Secretary has completed assessments of each of the platforms under subsection (a). (2) Suspension of decommissioning.--If, during an assessment conducted under subsection (a), the Secretary determines that there is a substantial reef ecosystem in the vicinity of the platform, the decommissioning of the platform under the Notice shall be placed on hold until such time as the Secretary determines that decommissioning the platform would not harm the reef ecosystem. (c) Exemption From Certain Requirements.--The requirement in the Notice that a lessee remove a platform as soon as possible, but not later than 5 years after the effective date of the Notice or within 5 years of the platform, meeting the definition of no longer useful for operations, whichever is later, shall not apply to a lessee that-- (1) commits to entering the platform in the Program; and (2) demonstrates the commitment described in paragraph (1) by initiating discussions with applicable States regarding potential sites for the artificial reef. (d) Reefing in Place.--A lessee may, as appropriate, provide for reefing in place under the Program. (e) State Programs.-- (1) In general.--A State that has a State rig-to-reef program may enter into an agreement with any appropriate entities to assume liability in Federal water for a structure covered by the State program. (2) Maintenance.--Notwithstanding an agreement entered into under paragraph (1), the operator of the covered structure shall remain responsible for maintaining the covered structure. (f) Removal of Top Decks.--Under the Program, top decks of a rig may be removed, down to water surface level, if appropriate identifying markers are used to protect navigation. (g) Maintenance and Financial Requirements.--As a condition of inclusion in the Program, the owner of a rig enrolled in the Program shall be required to-- (1) maintain an anode system for the rig; and (2) pay into the Fund an amount equal to 50 percent of the estimated costs associated with the removal of the platform that the owner would have been responsible for if the owner had not participated in the Program, as determined by the Secretary. (h) Reef Maintenance Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Reef Maintenance Fund'', to be administered by the Secretary, to be available without fiscal year limitation and not subject to appropriation, for the maintenance of artificial reefs established under the Program. (2) Transfers to fund.--The Fund shall consist of such amounts deposited in the Fund under subsection (g)(2). (3) Prohibition.--Amounts in the Fund may not be made available for any purpose other than a purpose described in paragraph (1). (4) Annual reports.-- (A) In general.--Not later than 60 days after the end of each fiscal year beginning with fiscal year 2012, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. (B) Contents.--Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (iii) Recommendations for additional authorities to fulfill the purpose of the Fund. (iv) A statement of the balance remaining in the Fund at the end of the fiscal year.

Rigs to Reefs Habitat Protection Act - Directs the Secretary of the Interior to assess each offshore oil and gas platform in the Gulf of Mexico that is no longer useful for operations, and has become critical for a marine fisheries habitat, to: (1) determine whether there are coral populations or other protected species in the platform's vicinity, and (2) identify any species in the vicinity that have recreational or commercial value. Prohibits the removal of any such platforms until the Secretary has completed each assessment. Requires suspension of the decommissioning of a platform if a substantial reef ecosystem is in the vicinity until the Secretary determines that decommissioning would not harm the ecosystem. Exempts from certain platform removal deadlines any lessees who: (1) commit to entering a particular platform in the artificial reef program under the National Fishing Enhancement Act of 1984, and (2) initiate discussions with applicable states regarding potential artificial reef sites. Allows a lessee to provide for reefing in place under the artificial reef program. Permits states with a state rig-to-reef program to enter agreements with any appropriate entities to assume liability in federal water for a structure covered by the state program. Establishes a Reef Maintenance Fund. Requires the owner of a rig enrolled in the artificial reef program to: (1) maintain a rig anode system, and (2) pay into the Fund 50% of the estimated platform removal costs for which the owner would have been responsible if it had not participated in the program.

To authorize the use of certain offshore oil and gas platforms in the Gulf of Mexico for artificial reefs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Jobs and Tax Relief Act of 2010''. SEC. 2. EXTEND TEMPORARY BONUS DEPRECIATION FOR CERTAIN PROPERTY. (a) Extension of Special Allowance.-- (1) In general.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``January 1, 2011'' and inserting ``January 1, 2012'', and (B) by striking ``January 1, 2010'' each place it appears and inserting ``January 1, 2011''. (2) Conforming amendments.-- (A) The heading for subsection (k) of section 168 of such Code is amended by striking ``January 1, 2010'' and inserting ``January 1, 2011''. (B) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre- january 1, 2010'' and inserting ``pre-january 1, 2011''. (C) Subparagraph (B) of section 168(l)(5) of such Code is amended by striking ``January 1, 2010'' and inserting ``January 1, 2011''. (D) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking ``January 1, 2010'' and inserting ``January 1, 2011''. (E) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2010'' and inserting ``January 1, 2011''. (b) Extension of Election To Accelerate the AMT and Research Credits in Lieu of Bonus Depreciation.--Section 168(k)(4) of such Code (relating to election to accelerate the AMT and research credits in lieu of bonus depreciation) is amended-- (1) by striking ``2009'' and inserting ``2010'' in subparagraph (D)(iii) (as redesignated by subsection (a)(3)), and (2) by adding at the end the following new subparagraph: ``(I) Special rules for extension property.-- ``(i) Taxpayers previously electing acceleration.--In the case of a taxpayer who made the election under subparagraph (A) for its first taxable year ending after March 31, 2008-- ``(I) the taxpayer may elect not to have this paragraph apply to extension property, but ``(II) if the taxpayer does not make the election under subclause (I), in applying this paragraph to the taxpayer a separate bonus depreciation amount, maximum amount, and maximum increase amount shall be computed and applied to eligible qualified property which is extension property and to eligible qualified property which is not extension property. ``(ii) Taxpayers not previously electing acceleration.--In the case of a taxpayer who did not make the election under subparagraph (A) for its first taxable year ending after March 31, 2008-- ``(I) the taxpayer may elect to have this paragraph apply to its first taxable year ending after December 31, 2009, and each subsequent taxable year, and ``(II) if the taxpayer makes the election under subclause (I), this paragraph shall only apply to eligible qualified property which is extension property. ``(iii) Extension property.--For purposes of this subparagraph, the term `extension property' means property which is eligible qualified property solely by reason of the extension of the application of the special allowance under paragraph (1) pursuant to the amendments made by section 3(a) of the Small Business Jobs and Tax Relief Act of 2010 (and the application of such extension to this paragraph pursuant to the amendment made by section 3(b)(1) of such Act). ``(b) Limitation.--The amount taken into account under subsection (a) shall not exceed $1,500 for each vehicle on which an idling reduction device is affixed.''. (c) Effective Dates.--The amendments made by this section shall apply to property placed in service after December 31, 2009, in taxable years ending after such date. SEC. 3. INCREASE IN AMOUNT ALLOWED AS DEDUCTION FOR START-UP EXPENDITURES. (a) In General.--Subsection (b) of section 195 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(3) Special rule for taxable years beginning in 2009, 2010, or 2011.--In the case of a taxable year beginning in 2010, 2011, or 2012, paragraph (1)(A)(ii) shall be applied-- ``(A) by substituting `$20,000' for `$5,000', and ``(B) by substituting `$75,000' for `$50,000'.''. (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. SEC. 4. REMOVAL OF CELLULAR TELEPHONES (OR SIMILAR TELECOMMUNICATIONS EQUIPMENT) FROM LISTED PROPERTY. (a) In General.--Subparagraph (A) of section 280F(d)(4) of the Internal Revenue Code (defining listed property) is amended by inserting ``and'' at the end of clause (iv), by striking clause (v), and by redesignating clause (vi) as clause (v). (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after January 1, 2009. SEC. 5. NONRECOURSE SMALL BUSINESS INVESTMENT COMPANY LOANS FROM THE SMALL BUSINESS ADMINISTRATION TREATED AS AMOUNTS AT RISK. (a) In General.--Subparagraph (B) of section 465(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Qualified nonrecourse financing.--For purposes of this paragraph-- ``(i) In general.--The term `qualified nonrecourse financing' means any financing-- ``(I) which is qualified real property financing or qualified SBIC financing, ``(II) except to the extent provided in regulations, with respect to which no person is personally liable for repayment, and ``(III) which is not convertible debt. ``(ii) Qualified real property financing.-- The term `qualified real property financing' means any financing which-- ``(I) is borrowed by the taxpayer with respect to the activity of holding real property, ``(II) is secured by real property used in such activity, and ``(III) is borrowed by the taxpayer from a qualified person or represents a loan from any Federal, State, or local government or instrumentality thereof, or is guaranteed by any Federal, State, or local government. ``(iii) Qualified sbic financing.--The term `qualified SBIC financing' means any financing which-- ``(I) is borrowed by a small business investment company (within the meaning of section 301 of the Small Business Investment Act of 1958), ``(II) is secured by property used or held, directly or indirectly, by such small business investment company, and ``(III) is borrowed from, or guaranteed by, the Small Business Administration under the authority of section 303(b) of such Act.''. (b) Conforming Amendments.--Subparagraph (A) of section 465(b)(6) of such Code is amended-- (1) by striking ``in the case of an activity of holding real property,'', and (2) by striking ``which is secured by real property used in such activity''. (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. 6. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL BUSINESS STOCK. (a) In General.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating partial exclusion for gain from certain small business stock) is amended by adding at the end the following new paragraph: ``(4) 100 exclusion for stock acquired during 2010.--In the case of qualified small business stock acquired during 2010-- ``(A) paragraph (1) shall be applied by substituting `100 percent' for `50 percent', ``(B) paragraph (2) shall not apply, and ``(C) paragraph (7) of section 57(a) shall not apply.''. (b) Conforming Amendment.--Paragraph (3) of section 1202 (a) of such Code is amended-- (1) by striking ``and 2010'' in the heading, and (2) by striking ``January 1, 2011'' and inserting ``January 1, 2010''. (c) Effective Date.--The amendments made by this section shall apply to stock acquired after December 31, 2009.

Small Business Jobs and Tax Relief Act of 2010 - Amends the Internal Revenue Code to: (1) extend through 2011 bonus depreciation for certain depreciable business property; (2) extend through 2010 the election to accelerate the alternative minimum tax (AMT) and research tax credits in lieu of bonus depreciation; (3) increase in 2010, 2011, and 2012, the tax deduction for business start-up expenditures; (4) remove restrictions on the tax deduction for employee use of cellular telephones; (5) revise the definition of "qualified nonrecourse financing" to include qualified nonrecourse real property or Small Business Investment Company financing as amounts at risk for purposes of determining the deductibility of losses from certain investment activities, including farming, leasing, and energy exploration; and (6) allow a 100% exclusion from gross income in 2010 of gain from the sale of qualified small business stock.

To amend the Internal Revenue Code of 1986 to encourage the creation and growth of small business and reduce the cost of complying with the tax requirements.

SECTION 1. PROCEDURES GOVERNING RETIREE HEALTH BENEFITS. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following new section: ``SEC. 516. PROCEDURES GOVERNING THE TERMINATION OR SUBSTANTIAL REDUCTION OF RETIREE HEALTH BENEFITS. ``(a) Termination or Substantial Reduction of Retiree Health Benefits.--A plan or plan sponsor may terminate or substantially reduce retiree health benefits under an employee welfare benefit plan, or plan or plan sponsor payments in connection with such benefits only in accordance with the provisions of this section. ``(b) Proposal Requirement.-- ``(1) Prior to terminating or substantially reducing retiree health benefits or plan or plan sponsor payments in connection with such benefits, a plan sponsor shall-- ``(A) petition a court of competent jurisdiction for the appointment of an authorized representative for the retirees whose benefits may be terminated or substantially reduced; ``(B) make a proposal to the authorized representative of the retirees covered by the plan, based on the most complete and reliable information available at the time of such proposal, which assures that all of the affected parties are treated fairly and equitably; and ``(C) provide, subject to subsection (c)(2), the representative of the retirees with such relevant information as is necessary to evaluate the proposal. ``(2) During the period beginning on the date of the making of a proposal provided for in paragraph (1) and ending on the date of the hearing provided for in subsection (c)(1), the plan sponsor shall meet, at reasonable times, with the authorized representative to confer in good faith in attempting to reach mutually satisfactory modifications of such plan. ``(3) For purposes of this section the term `authorized representative' means the authorized representative designated pursuant to subparagraph (A) for persons receiving any retiree benefits covered by a collective bargaining agreement or subparagraph (B) in the case of persons receiving retiree benefits not covered by such agreement. ``(A) A labor organization shall be the authorized representative of those persons receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, unless (i) such labor organization elects not to serve as the authorized representative of such person, or (ii) the court, upon a motion by any participant or beneficiary, after notice and hearing, determines that different representation of such persons is appropriate. In cases where the labor organization elects not to serve as the authorized representative of those persons receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, or in cases where the court finds different representation of such persons appropriate, the court, upon a motion by any participant or beneficiary, and after notice and a hearing, shall appoint an authorized representative of retired employees if the plan or plan sponsor seeks to terminate or substantially reduce the retiree benefits or if the court otherwise determines that such appointment is appropriate, from among such persons. ``(B) The court, upon a motion by any participant or beneficiary, and after notice and a hearing, shall appoint an authorized representative of retired employees if the plan or plan sponsor seeks to terminate or substantially reduce the retiree benefits or if the court otherwise determines that it is appropriate, to appoint an authorized representative of those persons receiving any retiree benefits not covered by a collective bargaining agreement. ``(4) The court may order a plan sponsor to pay reasonable expenses to the authorized representative. ``(c) Hearings.-- ``(1) If an action is brought by any participant or beneficiary to enjoin or otherwise modify such termination or substantial reduction, the court without requirement of any additional showing shall order the plan and plan sponsor to maintain the retiree health benefits and payments at the level in effect immediately before the termination or substantial reduction while the action is pending in any court. No security or other undertaking shall be required of any participant or beneficiary as a condition for issuance of such relief. In addition, the court shall schedule a hearing to be held not later than fourteen days after the date of the filing of such action. All interested parties may appear and be heard at such hearing. Adequate notice shall be provided to such parties at least ten days before the date of such hearings. The court may extend the time for the commencement of such hearing for a period not exceeding seven days where the circumstances of the case, and the interests of justice require such extension, or for additional periods of time to which the plan sponsor and representative agree. ``(2) The court may enter such protective orders, consistent with the need of the authorized representative of the retiree to evaluate the proposal of the plan sponsor to substantially reduce or terminate retiree health benefits or plan or plan sponsor payments in connection with such benefits. ``(3) If retiree health benefits under an employee welfare benefit plan or plan or plan sponsor payments in connection with such benefits are to be or have been terminated or substantially reduced, and an action is brought by any participant or beneficiary to enjoin or otherwise modify such termination or substantial reduction, the court shall take into account extrinsic evidence to determine the intent of the plan. ``(4) If the terms of an employee welfare benefit plan, summary plan description, or other materials distributed to employees at any time before a participant's retirement or disability, are silent or are ambiguous, either on their face or after consideration of extrinsic evidence, as to whether retiree health benefits and payments may be terminated or substantially reduced for a participant and his or her beneficiaries after the participant's retirement or disability, then the benefits and payments shall not be terminated or substantially reduced for the participant and his or her beneficiaries unless the plan or plan sponsor establishes by a preponderance of the evidence that the summary plan description or other materials about retiree benefits-- ``(A) were distributed to the participant at least 90 days in advance of retirement or disability; ``(B) did not promise retiree health benefits for the lifetime of the participant and his or her spouse; and ``(C) clearly and specifically disclosed that the plan allowed such termination or substantial reduction as to the participant after the time of his or her retirement or disability. The disclosure described in subparagraph (C) must have been made prominently and in language which can be understood by the average plan participant. ``(5) The court shall approve a substantial reduction or termination of retiree health benefits or plan or plan sponsor payments in connection with such benefits only if the court finds that-- ``(A) the collective bargaining agreement explicitly provides for a substantial reduction or termination of such benefits; or ``(B)(i) the plan sponsor has, prior to the hearing, made a proposal that fulfills the requirements of subsection (b)(1); ``(ii) the authorized representative of the employees has refused to accept such proposal without good cause; and ``(iii) the balance of the equities clearly favors substantially reducing or terminating retiree health benefits or plan or plan sponsor payments in connection with such benefits. ``(d) Retiree Health Benefits.--For the purposes of this section, the term `retiree health benefits' means health benefits (including coverage) which are provided to-- ``(1) retired or disabled employees who, immediately before the termination or substantial reduction, have a reasonable expectation to receive such benefits upon retirement or becoming disabled; and ``(2) their spouses or dependents.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 515 the following new item: ``Sec. 516. Procedures governing termination and substantial reduction of retiree health benefits.'' (c) Effective Date.--The amendments made by this section shall apply to actions relating to terminations or substantial reductions of retiree health benefits which are pending or brought, on or after August 1, 1996.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish procedures governing an employee benefit plan or plan sponsor's termination or substantial reduction of retiree health benefits. Requires, before a court approves a contested termination or substantial reduction, a finding that the balance of equities clearly favors such approval. Allows courts to use extrinsic evidence in determining a plan's intent.

To amend the Employee Retirement Income Security Act of 1974 with respect to rules governing litigation contesting termination or substantial reduction of retiree health benefits, to require a preponderance of evidence for termination or substantial reduction of retiree health benefits, and to allow courts to use extrinsic evidence in determining the intent of a plan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparent Markets Act of 2009''. SEC. 2. OVER-THE-COUNTER DERIVATIVES TRANSACTION TAX. (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 Over-the-Counter Derivatives ``Sec. 4475. Tax on over-the-counter derivatives. ``SEC. 4475. TAX ON OVER-THE-COUNTER DERIVATIVES. ``(a) Imposition of Tax.--There is hereby imposed a tax on each covered derivative transaction. ``(b) Rate of Tax.--The rate of such tax shall be equal to 0.25 percent of the fair market value of the underlying property with respect to, or the notional principal amount of, the derivative financial instrument involved in such transaction. ``(c) By Whom Paid.--All parties to a covered derivative transaction shall be jointly and severally liable for the tax imposed on such transaction by this section. ``(d) Covered Derivatives Transaction.--For purposes of this section, the term `covered derivative transaction' means becoming a party to a derivative financial instrument which is not traded on (or subject to the rules of) a qualified board or exchange (as defined in section 1256(g)(7), determined without regard to subparagraph (C) thereof). ``(e) Derivative Financial Instrument.--For purposes of this section-- ``(1) In general.--The term `derivative financial instrument' means any option, forward contract, short position, notional principal contract, credit default swap, or similar financial instrument in any-- ``(A) share of stock in a corporation, ``(B) partnership or beneficial ownership interest in a widely held or publicly traded partnership or trust, ``(C) note, bond, debenture, or other evidence of indebtedness, ``(D) commodity which is actively traded (within the meaning of section 1092(d)(1)), ``(E) any foreign currency, or ``(F) any specified index. ``(2) Specified index.--The term `specified index' means any one or more or any combination of-- ``(A) a fixed rate, price, or amount, or ``(B) a variable rate, price, or amount which is based on any current, objectively determinable information which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties' circumstances. ``(f) Method of Collection.-- ``(1) In general.--The tax imposed by subsection (a) shall be collected on the basis of an annual return. ``(2) Content of return.--Such return shall include the following information: ``(A) A description of the derivative financial instrument involved in such transaction. ``(B) The parties to the covered derivatives transaction (and each such party's tax residence). ``(C) The fair market value of the underlying property with respect to, or the notional principal amount of, the derivative financial instrument involved in such transaction. ``(D) A description of any underlying asset or specified index with respect to such transaction, including a description of how each party to such transaction characterizes any such asset for tax purposes. ``(E) A description of any provision for physical settlement of such transaction. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including the following: ``(1) Prescribing the time for filing the annual return of tax imposed under subsection (a) and the time for payment of such tax. ``(2) Excluding or including certain transactions from such tax as may be consistent with the purposes of this section. ``(3) Guidance for determining such tax if the fair market value or notional principal amount is unclear on the face of the instrument.''. (b) Clerical Amendment.--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 over-the-counter derivatives''. (c) Report.-- (1) In general.--Not later than 180 days after the first deadline established by the Secretary of the Treasury for filing a return of the tax imposed under section 4475 of the Internal Revenue Code of 1986, and each deadline for filing such return thereafter, the Secretary shall submit a report to Congress. (2) Content.--Such report shall include-- (A) a description and a statistical analysis of the information included on the returns of such tax for the previous filing period, and (B) a detailed analysis of the scope and nature of over-the-counter derivatives markets and the feasibility and advisability of regulating such markets. (d) Effective Date.--The amendments made by this section shall apply to transactions entered into on or after the date of the enactment of this Act.

Transparent Markets Act of 2009 - Amends the Internal Revenue Code to impose an excise tax on over-the-counter derivative transactions. Sets the rate of such tax at 0.25% of the fair market value of the underlying property with respect to, or the notional principal amount of, the derivative financial instrument involved in such transactions. Defines "derivative financial instrument" as any option, forward contract, short position, notional principal contract, credit default swap, or similar financial instrument in any share of corporate stock, interest in a widely held or publicly traded partnership or trust, debt instrument, commodity which is actively traded, foreign currency, or specified index.

To amend the Internal Revenue Code of 1986 to impose a tax on over-the-counter derivatives transactions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Our Democracy Act of 2015''. SEC. 2. ELECTION OF MEMBERS OF CONGRESS THROUGH OPEN PRIMARIES. (a) Rules for Election of Members.--A candidate for election for the office of Senator or Member of the House of Representatives shall be elected to such office pursuant to the following elections held by the State in which the candidate seeks election: (1) An open primary election for such office held in accordance with subsection (b). (2) A general election for such office held in accordance with subsection (c). (b) Open Primaries.--Each State shall hold an open primary election for each office of Senator or Member of the House of Representatives in the State under which-- (1) each candidate for such office, regardless of the candidate's political party preference or lack thereof, shall appear on a single ballot; and (2) each voter in the State who is eligible to vote in elections for Federal office in the State (in the case of an election for the office of Senator) or in the Congressional district involved (in the case of an election for the office of Member of the House of Representatives) may cast a ballot in the election, regardless of the voter's political party preference or lack thereof. (c) General Election.--Each State shall hold a general election for each office of Senator or Member of the House of Representatives in the State under which the 2 candidates receiving the greatest number of votes in the open primary election for such office (as described in subsection (b)), without regard to the political party preference or lack thereof of such candidates, shall be the only candidates appearing on the ballot. SEC. 3. ABILITY OF CANDIDATES TO DISCLOSE POLITICAL PARTY PREFERENCES. (a) Option of Candidates To Declare Political Party Preference.--At the time a candidate for the office of Senator or Member of the House of Representatives files to run for such office, the candidate shall have the option of declaring a political party preference, and the preference chosen (if any) shall accompany the candidate's name on the ballot for the election for such office. (b) Designation for Candidates Not Declaring Preference.--If a candidate does not declare a political party preference under subsection (a), the designation ``No Party Preference'' shall accompany the candidate's name on the ballot for the election for such office. (c) No Party Endorsement Implied.--The selection of a party preference by a candidate under subsection (a) shall not constitute or imply endorsement of the candidate by the party designated, and no candidate in a general election shall be deemed the official candidate of any party by virtue of his or her selection in the primary. SEC. 4. PROTECTION OF RIGHTS OF POLITICAL PARTIES. Nothing in this Act shall restrict the right of individuals to join or organize into political parties or in any way restrict the right of private association of political parties. Nothing in this Act shall restrict a party's right to contribute to, endorse, or otherwise support a candidate for the office of Senator or Member of the House of Representatives. Nothing in this Act may be construed to prevent a political party from establishing such procedures as it sees fit to endorse or support candidates or otherwise participate in all elections, or from informally designating candidates for election to such an office at a party convention or by whatever lawful mechanism the party may choose, other than pursuant to a primary election held by a State. Nothing in this Act may be construed to prevent a political party from adopting such rules as it sees fit for the selection of party officials (including central committee members, presidential electors, and party officers), including rules restricting participation in elections for party officials to those who disclose a preference for that party at the time of registering to vote. SEC. 5. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT. (a) In General.--For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code. (b) Sense of Congress Regarding Treatment of Day by Private Employers.--It is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day. (c) No Effect on Early or Absentee Voting.--Nothing in this section shall be construed to affect the authority of States to permit individuals to cast ballots in elections for Federal office prior to the date of the election (including the casting of ballots by mail) or to cast absentee ballots in the election. SEC. 6. STUDY OF STATE CONGRESSIONAL REDISTRICTING PROCESSES; RECOMMENDATIONS FOR ESTABLISHMENT OF INDEPENDENT REDISTRICTING COMMISSIONS BY STATES. (a) Study.--The Comptroller General shall conduct a study of the procedures used by States to conduct Congressional redistricting, and shall include in the study the following: (1) An analysis of the impact that different procedures for redistricting have had on the ability of minority voters to participate in the political process and to elect representatives of their choice. (2) An analysis of the impact that different procedures for redistricting have had on the ability of local communities, represented within the political boundaries of counties, cities, towns, and wards, to participate in the political process and to elect representatives of their choice. (3) An analysis of the benefits of requiring each State to conduct Congressional redistricting through the use of an independent redistricting commission and the best practices for the administration of independent redistricting commissions. (b) Report to Congress.-- (1) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress on the study conducted under subsection (a), and shall include in the report recommendations for proposed legislation or other measures to require States to conduct Congressional redistricting through independent commissions, on the basis of national standards enacted by Congress. (2) Legislation to carry out recommendations.--For recommendations for proposed legislation in the report submitted under paragraph (1), the Comptroller General shall include the text of such proposed legislation in the report. (c) Congressional Consideration of Legislation Included in Report.-- (1) Legislation described.--A bill described in this paragraph is a bill meeting the following requirements: (A) The bill is introduced not later than 90 days after the date on which the Comptroller General submits the report to Congress under subsection (b). (B) The text of the bill consists of the text of the proposed legislation included in the report submitted by the Comptroller General under subsection (b). (C) The title of the bill is as follows: ``A bill to implement the recommendations of the Comptroller General to require States to conduct Congressional redistricting through independent commissions, as submitted to Congress under section 6(b) of the Open Our Democracy Act of 2015.''. (2) Referral.--A bill described in paragraph (1) that is introduced in the House of Representatives shall be referred to the Committee on the Judiciary of the House of Representatives. A bill described in paragraph (1) introduced in the Senate shall be referred to the Committee on the Judiciary of the Senate. (3) Discharge.--If the committee to which a bill described in paragraph (1) is referred has not reported such bill (or an identical bill) by the end of the 60-day period beginning on the date on which the bill is introduced, such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (4) Consideration.--(A) On or after the third day after the date on which the committee to which such a bill is referred has reported or has been discharged (under paragraph (3)) from further consideration of such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the bill. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the bill was referred. All points of order against the bill (and against consideration of the bill) 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 bill is agreed to, the respective House shall immediately proceed to consideration of the joint bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of. (B) Debate on the bill, 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 bill. An amendment to the bill is not in order, except that a single amendment which is entirely clerical in nature may be offered by a Member favoring the bill. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. (C) Immediately following the conclusion of the debate on a bill described in paragraph (1) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur. (D) 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 bill described in paragraph (1) shall be decided without debate. (5) Consideration by other house.--(A) If, before the passage by one House of a bill of that House described in paragraph (1), that House receives from the other House a bill described in paragraph (1), then the following procedures shall apply: (i) The bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in clause (ii)(II). (ii) With respect to a bill described in paragraph (1) of the House receiving the bill-- (I) the procedure in that House shall be the same as if no bill had been received from the other House; but (II) the vote on final passage shall be on the bill of the other House. (B) Upon disposition of the bill received from the other House, it shall no longer be in order to consider the bill that originated in the receiving House. (6) Exercise of rulemaking authority.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) 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. 7. MEMBER OF THE HOUSE DEFINED. In this Act, the term ``Member of the House of Representatives'' included a Delegate or Resident Commissioner to the Congress. SEC. 8. EFFECTIVE DATE. Except as provided in sections 5(a) and 6, this Act shall apply with respect to elections occurring during 2016 or any succeeding year.

Open Our Democracy Act of 2015 Requires all candidates for election to the Senate and the House of Representatives to run in an open primary, regardless of political party preference or lack thereof. Limits the ensuing general election to the two candidates receiving the greatest number of votes in the open primary. Gives candidates the option, at the time of filing to run for office, to declare a political party preference, which does not constitute or imply endorsement of the candidate by the party designated. Treats the general election day in the same manner as a legal public holiday for purposes of federal employment. Expresses the sense of Congress that private employers should give their employees a day off on the general election day in November 2016 and each even-numbered year thereafter to enable them to cast votes in elections held on that day. Directs the Government Accountability Office to study the procedures used by states to conduct congressional redistricting.

Open Our Democracy Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dangerous Products Warning Act''. SEC. 2. DANGEROUS PRODUCTS. (a) In General.--Part 1 of title 18, United States Code, is amended by inserting after chapter 27 the following: ``CHAPTER 28--DANGEROUS PRODUCTS ``Sec. ``571. Violations. ``572. Relationship to existing law. ``573. Construction. ``574. Definitions for chapter. ``Sec. 571. Violations ``(a) Failure To Inform and Warn.--Whoever-- ``(1) is a business entity or a product supervisor with respect to a product or business practice; ``(2) knows of a serious danger associated with such product (or a component of that product) or business practice; and ``(3) knowingly fails within 15 days after such discovery is made (or if there is imminent risk of serious bodily injury or death, immediately) to do any of the following: ``(A) To inform an appropriate Federal agency in writing, unless such product supervisor has actual knowledge that such an agency has been so informed. ``(B) To warn affected employees in writing, unless such product supervisor has actual knowledge that such employees have been so warned. ``(C) To inform persons other than affected employees at risk if they can reasonably be identified. shall be fined under this title or imprisoned not more than 5 years, or both. ``(b) Retaliation.--Whoever knowingly discriminates against any person in the terms or conditions of employment or in retention in employment or in hiring because of such person's having informed a Federal agency or warned employees of a serious danger associated with a product or business practice shall be fined under this title or imprisoned not more than one year, or both. ``(c) Nonpayment by Business Entities.--If a fine is imposed on an individual under this section, such fine shall not be paid, directly or indirectly, out of the assets of any business entity on behalf of that individual. ``Sec. 572. Relationship to existing law ``(a) Rights To Intervene.--Nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate, intervene in, or otherwise participate in any proceeding before a regulatory agency or court, nor to relieve any regulatory agency, court, or other public body of any obligation, or affect its discretion to permit intervention or participation by an individual or group or class of consumers, employees or citizens in any proceeding or activity. ``(b) State Law.--Nothing in this chapter preempts any State law or otherwise affects any State authority to adopt or enforce any State law. ``Sec. 573. Construction ``This chapter shall be construed in such a manner as best to represent and protect the interests of the public. ``Sec. 574. Definitions for chapter ``In this chapter-- ``(1) the term `product supervisor'-- ``(A) means-- ``(i) an officer or director of a corporation or an association; ``(ii) a partner of a partnership; or ``(iii) any employee or other agent of a corporation, association, or partnership having duties such that the conduct of such employee or agent may fairly be assumed to represent the policy of the corporation, association, or partnership; and ``(B) includes persons having management responsibility for-- ``(i) submissions to a Federal agency regarding the development or approval of any product; ``(ii) production, quality assurance, or quality control of any product; or ``(iii) research and development of any product; ``(2) the term `product' means a product or service of a business entity that enters or will enter interstate commerce; ``(3) the term `business entity' means any corporation, company, association, firm, partnership, or other business entity or a sole proprietor; ``(4) the term `business practice' means a method or practice of manufacturing, assembling, designing, researching, importing or distributing a product that enters or will enter interstate commerce, conducting, providing or preparing to provide a service that enters or will enter interstate commerce, or otherwise carrying out business operations related to products or services that enter or will enter interstate commerce; ``(5) the term `serious danger', used with respect to a product or business practice, means a danger, not readily apparent to the average person, that the normal or reasonably foreseeable use of, or the exposure of a human being to, that product or business practice may cause death or serious bodily injury to a human being; ``(6) the term `serious bodily injury' means an impairment of physical condition, including as result of trauma, repetitive motion or disease, that-- ``(A) creates a substantial risk of death; or ``(B) causes-- ``(i) serious permanent disfigurement; ``(ii) unconsciousness; ``(iii) extreme pain; or ``(iv) permanent or protracted loss or impairment of the function of any bodily member, organ, bodily system, or mental faculty; ``(7) the term `appropriate Federal agency' means any agency with jurisdiction over the product or business practice; and ``(8) the term `warn affected employees', used with respect to a serious danger, means take reasonable steps to give sufficient description of the serious danger to all individuals working for or in the business entity who are likely to be subject to the serious danger in the course of that work to make those individuals aware of that danger.''. (b) Clerical Amendment.--The table of chapters for title 18, United States Code, is amended by inserting, after the item relating to chapter 27 the following: ``28. Dangerous products.................................... 571''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act take effect 180 days after the date of enactment of this Act.

Dangerous Products Warning Act - Amends the federal criminal code to impose a fine and/or prison term of up to 5 years on any business entity or product supervisor with respect to a product or business practice who knows of a serious danger associated with such product or business practice and knowingly fails within 15 days after discovering such danger to inform an appropriate federal agency in writing, warn affected employees in writing, and inform other affected individuals. Imposes a fine and/or prison term of up to 1 year on any individual who intentionally discriminates against an employee who informs a federal agency or warns employees of a serious danger associated with a product or business practice.

To amend title 18, United States Code, to provide for the protection of the general public, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Noise Limit Act of 1993''. SEC. 2. FINDINGS. Congress finds the following: (1) The accurate assessment and control of aviation noise impact is necessary to protect the public health and welfare while increasing and improving aviation capacity. (2) Airspace management without noise impact assessment and moderation can have a significant impact on an area distant from an airport. (3) The Federal system for determining noise impact at airports, which currently serves as the basis of noise compatibility programs receiving Federal assistance, does not adequately protect the public health and welfare. (4) The Federal system for determining noise impact at airports does not take into account the characteristics of an area, including the area's proximity to an airport and the area's non-aircraft background noise. (5) The Federal system for determining noise impact at airports is less restrictive than the criteria used by many State and local governments, usurping a zoning role normally allocated to the States. (6) The Federal system for determining noise impact at airports is inconsistent with the maintenance of accepted interior levels of quiet for existing residences and has been demonstrated unsuccessful in identifying problems and predicting community reaction. (7) The Federal system for determining noise impact at airports does not protect against significant disturbances in human activities such as sleep and conversation and promotes Federal interference with the constitutionally protected right to quiet enjoyment of private property. (8) Research showing that low levels of noise affects human health and welfare requires changes in Federal programs managing noise levels. (9) Population density, background noise levels, and distance from an airport are factors which affect an individual's expectations with respect to aviation noise and an individual's acceptance of aviation noise. (10) Changes to the noise environment of a developed and populated area should be treated differently from changes to the noise environment of a nonpopulated or industrial area. SEC. 3. AVIATION NOISE LIMITS. (a) Reduction of Aviation Noise in Areas in the Vicinity of Airports.-- (1) Development of plan.--The Secretary shall develop a staged plan to reduce by at least 75 percent on or before January 1, 2001, the number of individuals residing in residential areas in the vicinity of an airport who are exposed to a yearly day-night average sound level of 60 decibels or above. (2) Considerations.--In developing the plan pursuant to paragraph (1), the Secretary shall consider various methods for aviation noise reduction, including soundproofing, relocation incentives, use of quieter aircraft, operations restrictions, and revision of air routes. (3) Federal departments and agencies.--As part of the plan to be developed pursuant to paragraph (1), the Secretary shall make recommendations on actions and policy changes on the part of Federal departments and agencies (including but not limited to the Department of Transportation) which could assist in meeting the objective described in paragraph (1). (4) Modification of regulations.--The Secretary shall modify regulations issued pursuant to section 102 of the Aviation and Safety Noise Abatement Act of 1979 to assist in meeting the objective described in paragraph (1). (b) Management and Reduction of Aviation Noise in Other Areas.-- (1) Airspace traffic changes.--Beginning on the date of the enactment of this Act, the Administrator may make an airspace traffic change only if the Administrator determines that the change will not result in an increase in aviation noise in violation of paragraph (2). (2) Requirements.--A violation of any of the following requirements, which apply only to residential areas that are not in the vicinity of an airport, shall be considered to be a violation of this paragraph: (A) Hourly average sound level.--The hourly average sound level, with combined aviation and nonaviation sources, over any 1-hour period may not exceed 6 decibels above the background sound level for such 1- hour period. (B) Single event maximum sound level.--Under normal circumstances, the single event maximum sound level-- (i) may not exceed 70 decibels; (ii) during nighttime hours, may not exceed 55 decibels; and (iii) may not be more than 20 decibels above the background sound level for the 1-hour period in which the event occurs. The requirement of this subparagraph shall be considered to have been met if there are no more than 3 violations of the limits contained in this subparagraph in a 24-hour period. (C) Day-night average sound level.--If the day- night average sound level, with combined aviation and nonaviation sources, exceeds 45 decibels, then aviation activity may not contribute more than 3 decibels to such sound level. (3) Past airspace traffic changes.--The Administrator shall review airspace traffic changes made by the Administrator which continue to be subject to significant complaint or controversy and shall take such actions as may be necessary to ensure that such air traffic changes do not result in increases in aviation noise which violate aviation noise limits contained in paragraph (2). (d) Determination of Vicinity of Airport.-- (1) Alternative boundaries.--In the event that operations procedures of an airport result in a ground noise distribution substantially different from the geographic area defined in section 4(10), an airport operator may, on or before the 180th day following the date of the enactment of this Act, transmit to the Secretary for approval alternative boundaries of the vicinity of the airport which conform to the ground noise distribution of the airport; except that the geographic area enclosed by such alternative boundaries may not include an area with a day-night average sound level of less than 60 decibels for the 1-year period ending on the date of the enactment of this Act. (2) Acquisition of property.--In the event that an airspace traffic change or other action makes it unfeasible or impracticable to meet the sound level limits contained in subsection (b) within a residential area, then such area may be added to the area considered to be in the vicinity of the airport upon acquisition of the property or by acquisition of easements to the property by the airport operator or the Secretary of Transportation. (e) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report containing the plan to be developed pursuant to subsection (a)(1), and a description of actions taken with respect to airspace changes pursuant to subsection (b)(3), together with recommendations for appropriate administrative and legislative actions. SEC. 4. RESPONSIBILITY OF SECRETARY OF TRANSPORTATION. In complying with this Act, the Secretary of Transportation shall assume responsibility for all non-military aviation activity, within and outside controlled airspace, and shall regulate such activity to ensure compliance with the requirements of this Act in normal circumstances. SEC. 5. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Airspace traffic change.--The term ``airspace traffic change'' means a change in aircraft flight paths, operating procedures, nature of aircraft traffic, and quantity of aircraft traffic which is applicable in normal circumstances. (3) Average sound level.--The term ``average sound level'' means the level, in decibels, of the mean-square, A-weighted sound pressure during a specified period, with reference to the square of the standard reference sound pressure of 20 micropascals. (4) Background sound level.--The term ``background sound level'' means the hourly average sound level, in decibels, measured at a site representative of a relatively quiet residential location within an area (with aircraft noise contributions excluded). (5) Day-night average sound level.--The term ``day-night average sound level'' means the 24-hour average sound level, in decibels, for the period from midnight to midnight, obtained after the addition of 10 decibels to sound levels during nighttime hours. (6) Nighttime hours.--The term ``nighttime hours'' means the periods between midnight and 7 a.m. and between 10 p.m. and midnight local time. (7) Normal circumstances.--The term ``normal circumstances'' means all circumstances other than unusually adverse weather and emergency circumstances. (8) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (9) Single event maximum sound level.--The term ``single event maximum sound level'' means the level, in decibels, of the maximum A-weighted sound pressure during an aircraft overflight obtained using a standard sound level meter under a slow response setting. (10) Vicinity of an airport.--The term ``vicinity of an airport'' means the geographic area surrounding an airport established before the date of the enactment of this Act described nominally as follows: (A) The area extending in all directions a distance of 1.5 miles from each runway established before such date of the enactment. (B) The rectangular area defined by drawing a straight center line a distance of 4 miles from the end of each runway established before such date of the enactment in the direction of heaviest traffic and extending 1.5 miles perpendicular from the center line on each side of such runway.

Aviation Noise Limit Act of 1993 - Directs the Secretary of Transportation (Secretary) to develop a staged plan to reduce by at least 75 percent on or before January 1, 2001, the number of individuals residing in residential areas in the vicinity of an airport who are exposed to a yearly day-night average sound level of 60 decibels or above. Requires the Secretary in developing such plan to consider various methods for aviation noise reduction, including soundproofing, relocation incentives, use of quieter aircraft, operations restrictions, and revision of air routes. Authorizes the Administrator of the Federal Aviation Administration to make airspace traffic changes in residential areas if they will not result in an increase in aviation noise.

Aviation Noise Limit Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil and Gas Industry Antitrust Act of 2006''. SEC. 2. PROHIBITION ON UNILATERAL WITHHOLDING. The Clayton Act (15 U.S.C. 12 et seq.) is amended-- (1) by redesignating section 28 as section 29; and (2) by inserting after section 27 the following: ``SEC. 28. OIL AND NATURAL GAS. ``(a) In General.--Except as provided in subsection (b), it shall be unlawful for any person to refuse to sell, or to export or divert, existing supplies of petroleum, gasoline, or other fuel derived from petroleum, or natural gas with the primary intention of increasing prices or creating a shortage in a geographic market. ``(b) Considerations.--In determining whether a person who has refused to sell, or exported or diverted, existing supplies of petroleum, gasoline, or other fuel derived from petroleum or natural gas has done so with the intent of increasing prices or creating a shortage in a geographic market under subsection (a), the court shall consider whether-- ``(1) the cost of acquiring, producing, refining, processing, marketing, selling, or otherwise making such products available has increased; and ``(2) the price obtained from exporting or diverting existing supplies is greater than the price obtained where the existing supplies are located or are intended to be shipped.''. SEC. 3. REVIEW OF CLAYTON ACT. (a) In General.--The Attorney General and the Chairman of the Federal Trade Commission shall conduct a study, including a review of the report submitted under section 4, regarding whether section 7 of the Clayton Act should be amended to modify how that section applies to persons engaged in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, gasoline or other fuel derived from petroleum, or natural gas. (b) Report.--Not later than 270 days after the date of enactment of this Act, the Attorney General and the Chairman of the Federal Trade Commission shall submit a report to Congress regarding the findings of the study conducted under subsection (a), including recommendations and proposed legislation, if any. SEC. 4. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE. (a) Definition.--In this section, the term ``covered consent decree'' means a consent decree-- (1) to which either the Federal Trade Commission or the Department of Justice is a party; (2) that was entered by the district court not earlier than 10 years before the date of enactment of this Act; (3) that required divestitures; and (4) that involved a person engaged in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, gasoline or other fuel derived from petroleum, or natural gas. (b) Requirement for a Study.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study evaluating the effectiveness of divestitures required under covered consent decrees. (c) Requirement for a Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report to Congress, the Federal Trade Commission, and the Department of Justice regarding the findings of the study conducted under subsection (b). (d) Federal Agency Consideration.--Upon receipt of the report required by subsection (c), the Attorney General or the Chairman of the Federal Trade Commission, as appropriate, shall consider whether any additional action is required to restore competition or prevent a substantial lessening of competition occurring as a result of any transaction that was the subject of the study conducted under subsection (b). SEC. 5. JOINT FEDERAL AND STATE TASK FORCE. The Attorney General and the Chairman of the Federal Trade Commission shall establish a joint Federal-State task force, which shall include the attorney general of any State that chooses to participate, to investigate information sharing (including through the use of exchange agreements and commercial information services) among persons in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, gasoline or other fuel derived from petroleum, or natural gas (including any person about which the Energy Information Administration collects financial and operating data as part of its Financial Reporting System). SEC. 6. NO OIL PRODUCING AND EXPORTING CARTELS. (a) Short Title.--This section may be cited as the ``No Oil Producing and Exporting Cartels Act of 2006'' or ``NOPEC''. (b) Sherman Act.--The Sherman Act (15 U.S.C. 1 et seq.) is amended-- (1) by redesignating section 8 as section 9; and (2) by inserting after section 7 the following: ``SEC. 8. OIL PRODUCING CARTELS. ``(a) In General.--It shall be illegal and a violation of this Act for any foreign state, or any instrumentality or agent of any foreign state, in the circumstances described in subsection (b), to act collectively or in combination with any other foreign state, any instrumentality or agent of any other foreign state, or any other person, whether by cartel or any other association or form of cooperation or joint action-- ``(1) to limit the production or distribution of oil, natural gas, or any other petroleum product; ``(2) to set or maintain the price of oil, natural gas, or any petroleum product; or ``(3) to otherwise take any action in restraint of trade for oil, natural gas, or any petroleum product. ``(b) Circumstances.--The circumstances described in this subsection are an instance when an action, combination, or collective action described in subsection (a) has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of oil, natural gas, or other petroleum product in the United States. ``(c) Sovereign Immunity.--A foreign state engaged in conduct in violation of subsection (a) shall not be immune under the doctrine of sovereign immunity from the jurisdiction or judgments of the courts of the United States in any action brought to enforce this section. ``(d) Inapplicability of Act of State Doctrine.--No court of the United States shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this section. ``(e) Enforcement.--The Attorney General of the United States may bring an action to enforce this section in any district court of the United States as provided under the antitrust laws, as defined in section 1(a) of the Clayton Act (15 U.S.C. 12(a)).''. (c) Sovereign Immunity.--Section 1605(a) of title 28, United States Code, is amended-- (1) in paragraph (6), by striking ``or'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(8) in which the action is brought under section 8 of the Sherman Act.''.

Oil and Gas Industry Antitrust Act of 2006 - Amends the Clayton Act to make it unlawful for any person to refuse to sell, or to export or divert, existing supplies of petroleum, gasoline, or other fuel derived from petroleum, or natural gas, with the primary intention of increasing prices or creating a shortage in a geographic market. Directs the Attorney General (AG) and the Chairman of the Federal Trade Commission (FTC) to study whether section 7 of the Clayton Act (prohibiting certain mergers or acquisitions) should be amended to modify how that section applies to persons engaged in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, gasoline or other fuel derived from petroleum, or natural gas. Requires the Comptroller General to study the effectiveness of divestitures required under certain prior oil and gas industry consent decrees. Directs the AG and FTC Chairman to establish a joint federal-state task force to investigate information sharing among persons in the oil and gas industry. No Oil Producing and Exporting Cartels Act of 2006 or NOPEC - Amends the Sherman Act to make it illegal for any foreign state or instrumentality thereof to act collectively with any other foreign state or instrumentality to: (1) limit oil production or distribution; (2) set or maintain the price of oil; or (3) take any other action in restraint of trade for oil, natural gas, or any petroleum product.

To improve competition in the oil and gas industry, to strengthen antitrust enforcement with regard to industry mergers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Delaware River Protection Act of 2005''. SEC. 2. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO THE NAVIGABLE WATERS OF THE UNITED STATES. The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end the following: ``SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO THE NAVIGABLE WATERS OF THE UNITED STATES. ``(a) Requirement.--As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (chapter 425; 33 U.S.C. 403), such person shall notify the Secretary and the Secretary of the Army of such release. ``(b) Restriction on Use of Notification.--Any notification provided by an individual in accordance with subsection (a) shall not be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement.''. SEC. 3. LIMITS ON LIABILITY. (a) Adjustment of Liability Limits.-- (1) Tank vessels.--Section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended-- (A) by redesignating subparagraph (B) as subparagraph (C); (B) by striking subparagraph (A) and inserting the following: ``(A) with respect to a single-hull vessel, including a single-hull vessel fitted with double sides only or a double bottom only-- ``(i) $1,550 per gross ton for an incident that occurs in 2005; ``(ii) $1,900 per gross ton for an incident that occurs in 2006; or ``(iii) $2,250 per gross ton for an incident that occurs in 2007 or in any year thereafter; or ``(B) with respect to a double-hull vessel (other than any vessel referred to in subparagraph (A))-- ``(i) $1,350 per gross ton for an incident that occurs in 2005; ``(ii) $1,500 per gross ton for an incident that occurs in 2006; and ``(iii) $1,700 per gross ton for any incident that occurs in 2007 or in any year thereafter; or''; and (C) in subparagraph (C), as redesignated by subparagraph (A) of this paragraph-- (i) in clause (i) by striking ``$10,000,000'' and inserting ``$14,000,000''; and (ii) in clause (ii) by striking ``$2,000,000'' and inserting ``$2,500,000''. (2) Limitation on application.--In the case of an incident occurring before the date of the enactment of this Act, section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) shall apply as in effect immediately before the effective date of this subsection. (b) Adjustment to Reflect Consumer Price Index.--Section 1004(d)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is amended to read as follows: ``(4) Adjustment to reflect consumer price index.--The President shall, by regulations issued no later than 3 years after the date of the enactment of the Delaware River Protection Act of 2005 and no less than every 3 years thereafter, adjust the limits on liability specified in subsection (a) to reflect significant increases in the Consumer Price Index.''. SEC. 4. REQUIREMENT TO UPDATE PHILADELPHIA AREA CONTINGENCY PLAN. The Philadelphia Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)) shall, by not later than 12 months after the date of the enactment of this Act and not less than annually thereafter, review and revise the Philadelphia Area Contingency Plan to include available data and biological information on environmentally sensitive areas of the Delaware River and Delaware Bay that has been collected by Federal and State surveys. SEC. 5. SUBMERGED OIL REMOVAL. (a) Amendments.--Title VII of the Oil Pollution Act of 1990 is amended-- (1) in section 7001(c)(4)(B) (33 U.S.C. 2761(c)(4)(B)) by striking ``RIVERA,'' and inserting ``RIVERA and the T/V ATHOS I;''; and (2) by adding at the end the following: ``SEC. 7002. SUBMERGED OIL PROGRAM. ``(a) Program.-- ``(1) Establishment.--The Undersecretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant of the Coast Guard, shall establish a program to detect, monitor, and evaluate the environmental effects of submerged oil. Such program shall include the following elements: ``(A) The development of methods to remove, disperse or otherwise diminish the persistence of submerged oil. ``(B) The development of improved models and capacities for predicting the environmental fate, transport, and effects of submerged oil. ``(C) The development of techniques to detect and monitor submerged oil. ``(2) Report.--The Secretary of Commerce shall, no later than 3 years after the date of the enactment of the Delaware River Protection Act of 2005, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate a report on the activities carried out under this subsection and activities proposed to be carried out under this subsection. ``(3) Funding.--There is authorized to be appropriated to the Secretary of Commerce $1,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection. ``(b) Demonstration Project.-- ``(1) Removal of submerged oil.--The Commandant of the Coast Guard, in conjunction with the Undersecretary of Commerce for Oceans and Atmosphere, shall conduct a demonstration project for the purpose of developing and demonstrating technologies and management practices to remove submerged oil from the Delaware River and other navigable waters. ``(2) Funding.--There is authorized to be appropriated to the Commandant of the Coast Guard $2,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection.''. (b) Clerical Amendment.--The table of sections in section 2 of such Act is amended by inserting after the item relating to section 7001 the following: ``Sec. 7002. Submerged oil program.''. SEC. 6. DELAWARE RIVER AND BAY OIL SPILL ADVISORY COMMITTEE. (a) Establishment.--There is established the Delaware River and Bay Oil Spill Advisory Committee (in this section referred to as the ``Committee''). (b) Functions.-- (1) In general.--The Committee shall, by not later than 1 year after the date the Commandant of the Coast Guard (in this section referred to as the ``Commandant'') completes appointment of the members of the Committee, make recommendations to the Commandant, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate on methods to improve the prevention of and response to future oil spills in the Delaware River and Delaware Bay. (2) Meetings.--The Committee-- (A) shall hold its first meeting not later than 60 days after the completion of the appointment of the members of the Committee; and (B) shall meet thereafter at the call of the Chairman. (c) Membership.--The Committee shall consist of 15 members who have particular expertise, knowledge, and experience regarding the transportation, equipment, and techniques that are used to ship cargo and to navigate vessels in the Delaware River and Delaware Bay, as follows: (1) Three members who are employed by port authorities that oversee operations on the Delaware River or have been selected to represent these entities, of whom-- (A) one member must be an employee or representative of the Port of Wilmington; (B) one member must be an employee or representative of the South Jersey Port Corporation; and (C) one member must be an employee or representative of the Philadelphia Regional Port Authority. (2) Two members who represent organizations that operate tugs or barges that utilize the port facilities on the Delaware River and Delaware Bay. (3) Two members who represent shipping companies that transport cargo by vessel from ports on the Delaware River and Delaware Bay. (4) Two members who represent operators of oil refineries on the Delaware River and Delaware Bay. (5) Two members who represent environmental and conservation interests. (6) Two members who represent State-licensed pilots who work on the Delaware River and Delaware Bay. (7) One member who represents labor organizations that load and unload cargo at ports on the Delaware River and Delaware Bay. (8) One member who represents the general public. (d) Appointment of Members.--The Commandant shall appoint the members of the Committee, after soliciting nominations by notice published in the Federal Register. (e) Chairman and Vice Chairman.--The Committee shall elect, by majority vote at its first meeting, one of the members of the Committee as the Chairman and one of the members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence of or incapacity of the Chairman, or in the event of vacancy in the Office of the Chairman. (f) Pay and Expenses.-- (1) Prohibition on pay.--Members of the Committee who are not officers or employees of the United States shall serve without pay. Members of the Committee who are officers or employees of the United States shall receive no additional pay on account of their service on the Committee. (2) Expenses.--While away from their homes or regular places of business, members of the Committee may be allowed travel expenses, including per diem, in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. (g) Termination.--The Committee shall terminate one year after the completion of the appointment of the members of the Committee. SEC. 7. MARITIME FIRE AND SAFETY ACTIVITIES. The Maritime Transportation Security Act of 2002 (Public Law 107- 295) is amended-- (1) in section 407-- (A) in the heading by striking ``lower columbia river''; and (B) by striking ``$987,400'' and inserting ``$1,500,000''; and (2) in the table of contents in section 1(b) by striking the item relating to section 407 and inserting the following: ``Sec. 407. Maritime fire and safety activities.''. Passed the House of Representatives June 27, 2005. Attest: JEFF TRANDAHL, Clerk.

Delaware River Protection Act of 2005 - (Sec. 2) Amends the Ports and Waterways Safety Act to require any person who knows of a release from a vessel or facility of any object that creates an obstruction in the navigable waters of the United States to notify the Secretary of the department in which the Coast Guard is operating and the Secretary of the Army. (Sec. 3) Amends the Oil Pollution Act of 1990 to gradually increase liability limits associated with oil spills for single-hull and double-hull tank vessels and other type tank vessels. (Sec. 4) Requires the Philadelphia Area Committee to review and revise annually the Philadelphia Area Contingency Plan (a plan to remove a worst case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near an area) to include available data and biological information on environmentally sensitive areas of the Delaware River and Delaware Bay that has been collected by federal and state surveys. (Sec. 5) Establishes the submerged oil program to detect, monitor, and evaluate the environmental effects of submerged oil. Directs the Commandant of the Coast Guard to conduct a demonstration project to develop and demonstrate technologies and management practices to remove submerged oil from the Delaware River and other navigable waters. Authorizes appropriations for FY2006-FY2010. (Sec. 6) Establishes the Delaware River and Bay Oil Spill Advisory Committee to make recommendations to the Commandant and Congress on methods to improve the prevention of and response to future oil spills in the Delaware River and Delaware Bay.

To amend the Ports and Waterways Safety Act to require notification of the Coast Guard regarding obstructions to navigation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Microlending Expansion Act of 2009''. SEC. 2. MICROLOAN CREDIT BUILDING INITIATIVE. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended by adding at the end the following: ``(14) Credit reporting information.--The Administrator shall establish a process, for use by an intermediary making a loan to a borrower under this subsection, under which the intermediary shall provide to the major credit reporting agencies the information about the borrower, both positive and negative, that is relevant to credit reporting, such as the payment activity of the borrower on the loan. Such process shall allow an intermediary the option of providing information to the major credit reporting agencies through the Administration or independently.''. SEC. 3. FLEXIBLE CREDIT TERMS. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)), as amended by this Act, is further amended-- (1) in paragraph (1)(B)(i) by striking ``short-term,''; (2) in paragraph (6)(A) by striking ``short-term,''; and (3) in paragraph (11)(B) by striking ``short-term,''. SEC. 4. INCREASED PROGRAM PARTICIPATION. Section 7(m)(2) of the Small Business Act (15 U.S.C. 636(m)(2)) is amended-- (1) in subparagraph (A) by striking ``paragraph (10)'' and inserting ``paragraph (11)''; and (2) by amending subparagraph (B) to read as follows: ``(B) has-- ``(i) at least-- ``(I) 1 year of experience making microloans to startup, newly established, or growing small business concerns; or ``(II) 1 full-time employee who has not less than 3 years of experience making microloans to startup, newly established, or growing small business concerns; and ``(ii) at least-- ``(I) 1 year of experience providing, as an integral part of its microloan program, intensive marketing, management, and technical assistance to its borrowers; or ``(II) 1 full-time employee who has not less than 1 year of experience providing intensive marketing, management, and technical assistance to borrowers.''. SEC. 5. INCREASED LIMIT ON INTERMEDIARY BORROWING. Section 7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C)) is amended-- (1) by striking ``$750,000'' and inserting ``$1,000,000''; (2) by striking ``$3,500,000'' and inserting ``$7,000,000''; and (3) by adding at the end the following: ``The Administrator may treat the amount of $7,000,000 in this subparagraph as if such amount is $10,000,000 if the Administrator determines, with respect to an intermediary, that such treatment is appropriate.''. SEC. 6. EXPANDED BORROWER EDUCATION ASSISTANCE. Section 7(m)(4)(E) of the Small Business Act (15 U.S.C. 636(m)(4)(E)) is amended-- (1) in clause (i) by striking ``25 percent'' and inserting ``35 percent''; and (2) in clause (ii) by striking ``25 percent'' and inserting ``35 percent''. SEC. 7. YOUNG ENTREPRENEURS PROGRAM. Section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)) is amended by adding at the end the following: ``(G) Young entrepreneurs program.-- ``(i) In general.--An intermediary that receives a grant under paragraph (1)(B)(ii) may establish a program for the geographic area served by such intermediary that provides to young entrepreneurs technical assistance regarding the following: ``(I) Establishing or operating a small business concern in the geographic area served by the intermediary. ``(II) Acquiring or securing financing to carry out the activities described in subclause (I). ``(ii) Young entrepreneur defined.--For purposes of this subparagraph, a young entrepreneur is an individual who-- ``(I) is 25 years of age or younger; and ``(II) has resided in the geographic area served by the intermediary for not less than 2 years. ``(iii) Good faith effort requirement.--If a young entrepreneur who receives technical assistance under this subparagraph from an intermediary establishes or operates a small business concern, the young entrepreneur shall make a good faith effort to establish or operate such concern in the geographic area served by the intermediary. ``(iv) Deferred repayment.--If a small business concern established or operated by a young entrepreneur receives a loan under this subsection, such concern may defer repayment on such loan for a period of not more than 6 months beginning on the date that such concern receives the final disbursement of such loan.''. SEC. 8. INTEREST RATES AND LOAN SIZE. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)), as amended by this Act, is further amended-- (1) in paragraph (3)(F)(iii) by striking ``$7,500'' and inserting ``$10,000''; (2) in paragraph (6)(C)(i) by striking ``$7,500'' and inserting ``$10,000''; and (3) in paragraph (6)(C)(ii) by striking ``$7,500'' and inserting ``$10,000''. SEC. 9. REPORTING REQUIREMENT. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)), as amended by this Act, is further amended by adding at the end the following: ``(15) Reporting requirement.--Not later than 90 days after the end of each fiscal year, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report that includes, with respect to such fiscal year of the microloan program, the following: ``(A) The names and locations of each intermediary that received funds to make microloans or provide marketing, management, and technical assistance. ``(B) The amounts of each loan and each grant provided to each such intermediary in such fiscal year and in prior fiscal years. ``(C) A description of the contributions from non- Federal sources of each such intermediary. ``(D) The number and amounts of microloans made by each such intermediary to all borrowers and to each of the following: ``(i) Women entrepreneurs and business owners. ``(ii) Low-income entrepreneurs and business owners. ``(iii) Veteran entrepreneurs and business owners. ``(iv) Disabled entrepreneurs and business owners. ``(v) Minority entrepreneurs and business owners. ``(E) A description of the marketing, management, and technical assistance provided by each such intermediary to all borrowers and to each of the following: ``(i) Women entrepreneurs and business owners. ``(ii) Low-income entrepreneurs and business owners. ``(iii) Veteran entrepreneurs and business owners. ``(iv) Disabled entrepreneurs and business owners. ``(v) Minority entrepreneurs and business owners. ``(F) The number of jobs created and retained as a result of microloans and marketing, management, and technical assistance provided by each such intermediary. ``(G) The repayment history of each such intermediary. ``(H) The number of businesses that achieved success after receipt of a microloan.''. SEC. 10. SURPLUS INTEREST RATE SUBSIDY FOR BUSINESSES. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)), as amended by this Act, is further amended by adding at the end the following: ``(16) Interest assistance.--The Administrator is authorized to make grants to intermediaries for the purposes of reducing interest rates charged to borrowers that receive financing under this subsection.''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by inserting after subsection (e) the following: ``(f) Fiscal Years 2010 and 2011 With Respect to Section 7(m).-- ``(1) Program levels.--For the programs authorized by this Act, the Administration is authorized to make during each of fiscal years 2010 and 2011-- ``(A) $80,000,000 in technical assistance grants, as provided in section 7(m); ``(B) $110,000,000 in direct loans, as provided in section 7(m); and ``(C) $10,000,000 in interest assistance grants, as provided in section 7(m)(16). ``(2) Authorization of appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out paragraph (1).''. SEC. 12. REGULATIONS. Except as otherwise provided in this Act or in amendments made by this Act, after an opportunity for notice and comment, but not later than 180 days after the date of the enactment of this Act, the Administrator shall issue regulations to carry out this Act and the amendments made by this Act. Passed the House of Representatives November 7, 2009. Attest: LORRAINE C. MILLER, Clerk.

Small Business Microlending Expansion Act of 2009 - (Sec. 2) Amends the Small Business Act with respect to the Small Business Administration (SBA) Microloan program (small-scale loans to start-up, newly established, or growing small businesses for working capital or the acquisition of materials, supplies, or equipment) to direct the SBA Administrator to establish a process under which an intermediary making a Microloan loan provides relevant borrower information to the major credit reporting agencies. (Sec. 3) Removes the requirement that such loans be short-term only. (Sec. 4) Increases eligibility for Microloan program participation to include intermediaries with at least one full-time employee with not less than: (1) three years of experience making microloans to startup, newly established, or growing small businesses; or (2) one year of experience providing intensive marketing, management, and technical assistance to borrowers. (Sec. 5) Increases from: (1) $750,000 to $1 million the loan limit to an intermediary in the first year of participation; and (2) $3.5 million to $7 million the loan limit for the remaining years of participation. (Sec. 6) Increases from 25% to 35% of grant funds received the maximum amount that may be used by an intermediary to provide information and technical assistance to small business borrowers. (Sec. 7) Allows intermediaries that receive grants to establish a program that provides technical assistance to young entrepreneurs in establishing or operating a small business, or in securing financing, in the area served by the intermediary. (Sec. 8) Increases from $7,500 to $10,000 the maximum loan amount to a small business borrower that will qualify for a reduced interest rate from the intermediary. (Sec. 9) Directs the Administrator to submit annually to the congressional small business committees specified information with respect to the Microloan program, including participating intermediaries and borrowers, and the marketing, management, and technical assistance provided. (Sec. 10) Authorizes the Administrator to make grants to intermediaries for reducing interest rates charged to Microloan borrowers (interest assistance grants). (Sec. 11) Authorizes the Administrator to make Microloan technical assistance grants, direct loans, and interest assistance grants for FY2010-FY2011, and authorizes appropriations for such loans and grants.

To amend the Small Business Act to improve the Microloan Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Improvement Loan Modernization Act of 2014''. SEC. 2. MODIFICATION TO PREMIUM CHARGES ON FINANCING CERTAIN ALTERATIONS, REPAIRS, AND IMPROVEMENTS TO, OR CONVERSIONS OF, EXISTING STRUCTURES. Subsection (f) of section 2 of the National Housing Act (12 U.S.C. 1703(f)) is amended-- (1) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraphs (1) and (3)''; and (2) by inserting at the end the following new paragraph: ``(3) Financing alterations, repairs, improvements, or conversions.--Notwithstanding paragraphs (1) and (2), in the case of a loan, advance of credit, or purchase in connection with insurance granted under subparagraph (A)(i) or subparagraph (B) of paragraph (1), the premium charge for such insurance shall be paid by the financial institution providing the loan or advance of credit, as follows: ``(A) At the time of the making of the loan, advance of credit, or purchase, a single premium payment in an amount not to exceed 2.75 percent of the amount of the original insured principal obligation. ``(B) In addition to the premium under subparagraph (A), annual premium payments during the term of the loan, advance, or obligation purchased in an amount not exceeding 1.5 percent of the remaining insured principal balance (excluding the portion of the remaining balance attributable to the premium collected under subparagraph (A) and without taking into account delinquent payments or prepayments). ``(C) Premium charges under this paragraph shall be established in amounts that are sufficient, but do not exceed the minimum amounts necessary (as determined based upon risk to the Federal Government under existing underwriting requirements) to maintain a negative credit subsidy for the program under this section for insurance of loans, advances of credit, or purchases in connection with-- ``(i) financing alterations, repairs, and improvements for single-family structures; and ``(ii) financing alterations, repairs, improvements, or conversions of an existing structure used or to be used as an apartment house or a dwelling for two or more families. ``(D) The Secretary may increase the limitations on premium payments to percentages above those set forth in subparagraphs (A) and (B), but only if necessary, and not in excess of the minimum increase necessary, to maintain a negative credit subsidy as described in subparagraph (C).''. SEC. 3. MODIFICATION TO LOAN LIMITATION FOR FINANCING CERTAIN ALTERATIONS, REPAIRS, AND IMPROVEMENTS TO, OR CONVERSIONS OF, EXISTING STRUCTURES. Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)(i), by striking ``$25,000'' and inserting ``$42,000''; (B) in subparagraph (B)-- (i) by striking ``$60,000'' and inserting ``$101,888''; and (ii) by striking ``$12,000'' and inserting ``$20,378''; and (C) in the matter after and below subparagraph (G), by adding at the end the following: ``The Secretary shall, by notice, annually increase the dollar amount limitation in subparagraph (A)(i) and subparagraph (B) (as such limitations may have been previously adjusted under this sentence) in accordance with the index established pursuant to paragraph (12).''; and (2) by adding at the end the following new paragraph: ``(12) Annual indexing of loans for financing alterations, repairs, and improvements to, or conversions of, existing structures.--Not later than 1 year after the date of enactment of the Home Improvement Loan Modernization Act of 2014, the Secretary shall develop a method of indexing to annually increase the dollar amount limitations established in subparagraph (A)(i) and subparagraph (B) of paragraph (1). Such index shall be based on the Consumer Price Index for all urban consumers (CPI-U) computed by the Bureau of Labor Statistics.''. SEC. 4. MODIFICATION TO LOAN LIMITATION FOR ENERGY EFFICIENCY HOME IMPROVEMENTS. Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), as amended by section 2 of this Act, is further amended by adding at the end the following new paragraph: ``(13) The dollar amount limitations otherwise applicable under subparagraph (A)(i) and subparagraph (B) of paragraph (1) (as adjusted by paragraph (12)) may be increased up to 150 percent of such limitation if at least half of the amount will be used for energy conserving improvements or the installation of solar energy systems (as defined in the last paragraph of section 2(a) of this Act).''.

Home Improvement Loan Modernization Act of 2014 - Amends the National Housing Act to specify the premium charge paid by a financial institution to insure any loan, advance of credit, or purchase of obligations representing loans and advances of credit it makes to finance certain home improvements for both existing single-family and multifamily structures. Sets the initial premium at 2.75% of the original insured principal obligation, with annual premium payments not to exceed 1.5% of the remaining balance. Limits any premium charges to the minimum amounts necessary to maintain a negative credit subsidy for the insurance program. Increases the maximum obligation that may be insured for improvements to: (1) an existing single-family dwelling from $25,000 to $42,000; and (2) an existing multi-family structure from $60,000 to $101,888, with an average amount of $20,378 (currently $12,000) per family unit. Directs the Secretary of Housing and Urban Development (HUD) to develop a method of indexing to increase these dollar amount limitations annually, based on the Consumer Price Index for all urban consumers (CPI-U) computed by the Bureau of Labor Statistics (BLS). Allows an increase in these dollar amount limitations also by up to 150% if at least half of the amount will be used for energy conserving improvements or the installation of solar energy systems.

Home Improvement Loan Modernization Act of 2014

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Commercial Competitiveness and Labor Rights in China Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. Establishment of rule of law programs. Sec. 4. Administrative authorities. Sec. 5. Prohibition relating to human rights abuses. Sec. 6. Authorization of appropriations. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.-- (1) The United States and the People's Republic of China signed a bilateral agreement on November 15, 1999, on accession of China to the World Trade Organization (hereinafter referred to as the ``China-WTO Agreement''), under which China made a detailed set of concessions eliminating or limiting tariff and non-tariff barriers to trade in order to become a member of the World Trade Organization (WTO). (2) Under the China-WTO Agreement, the Government of the People's Republic of China will be required to amend many of its laws, transform its institutions, and change its policies to bring them into conformity with international trade rules. (3) Officials of the Government of the People's Republic of China, both at the national and provincial levels, must interpret and implement the terms and conditions of the China- WTO Agreement and the WTO regime into concrete policies, rules, and regulations--a process which can materially benefit or harm United States companies and their workers. (4) The China-WTO Agreement, despite the desperate need in the People's Republic of China for independent labor unions and other resources which inform workers of their rights and fight against exploitative working conditions, does not require China to make changes in the labor rights area. (5) The United States currently provides a small amount of assistance to promote the rule of law in the People's Republic of China, but does not have authorization to help officials of the Chinese Government to write the laws, rules, and regulations necessary to implement its obligations under the China-WTO Agreement, or to promote better enforcement of labor laws and regulations and respect for core labor rights as developed by the International Labor Organization. (6) Major United States trade competitors, including the European Union, Japan, France, Germany, Canada, and Australia, have already launched extensive, multi-year rule of law programs in the People's Republic of China designed to promote rationality and openness in the administration of commercial law as well as to assist the People's Republic of China in revising its trade and investment laws to make them consistent with the requirements of the WTO, through training programs, workshops, seminars, and exchanges. (7) It is critical that the United States aggressively protect its hard-won concessions from the People's Republic of China relating to WTO membership by ensuring that China-- (A) writes laws, rules, and regulations that are fair, open, and transparent, and that do not discriminate against United States commercial interests; and (B) revises and expands existing labor legislation to bring labor laws into compliance with internationally-recognized core labor standards, as defined by the International Labor Organization, and as noted in the International Covenants on Civil and Political Rights, and Economic, Social and Cultural Rights. (8) Over the last eight years, the Commercial Law Development Division of the United States Department of Commerce has dispatched United States lawyers to developing countries to help such countries improve their laws and institutions in order to promote economic reform and compliance with international trade regimes. (9) Extending commercial and labor rule of law programs in the People's Republic of China will further United States national interests even if the Government of China continues to impede the development of the rule of law in others aspects of Chinese society. (b) Purpose.--The purpose of this Act is to establish commercial and labor rule of law programs in the People's Republic of China to enhance rationality and accountability in the administration of justice in the commercial area, strengthen labor rights protection, and lay the intellectual and institutional groundwork for further reforms. SEC. 3. ESTABLISHMENT OF RULE OF LAW PROGRAMS. (a) Commercial Rule of Law Program.-- (1) In general.--The Secretary of Commerce, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, is authorized to establish a program to conduct rule of law training and technical assistance related to commercial activities in the People's Republic of China. (2) Role of the secretary of state.--The Secretary of State shall provide foreign policy guidance to the Secretary of Commerce to ensure that the program established under paragraph (1) is effectively integrated into the foreign policy of the United States. (b) Labor Rule of Law Program.-- (1) In general.--The Secretary of State, in consultation with the Secretary of Labor, is authorized to establish a program to conduct rule of law training and technical assistance related to labor activities in the People's Republic of China. (2) Limitation.--The Secretary of State shall not provide assistance under the program authorized by paragraph (1) to the All-China Federation of Trade Unions. (c) Conduct of Programs.--The programs authorized by this section may be used to conduct activities such as seminars and workshops, drafting of commercial and labor codes, legal training, publications, financing the operating costs for nongovernmental organizations working in this area, and funding the travel of individuals to the United States and to the People's Republic of China to provide and receive training. SEC. 4. ADMINISTRATIVE AUTHORITIES. In carrying out the programs authorized by section 3, the Secretary of Commerce and the Secretary of State may utilize any of the authorities contained in the Foreign Assistance Act of 1961 and the Foreign Service Act of 1980. SEC. 5. PROHIBITION RELATING TO HUMAN RIGHTS ABUSES. Amounts made available to carry out this Act may not be provided to a component of a ministry or other administrative unit of the national, provincial, or other local governments of the People's Republic of China, to a nongovernmental organization, or to an official of such governments or organizations, if the President has credible evidence that such component, administrative unit, organization or official has been materially responsible for the commission of human rights violations. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Commercial Law Program.--There are authorized to be appropriated to the Secretary of Commerce to carry out the program described in section 3(a) such sums as may be necessary for fiscal year 2001 and each subsequent fiscal year. (b) Labor Law Program.--There are authorized to be appropriated to the Secretary of State to carry out the program described in section 3(b) such sums as may be necessary for fiscal year 2001 and each subsequent fiscal year. (c) Construction With Other Laws.--Except as provided in this Act, funds appropriated pursuant to the authorization of appropriations in this section may be obligated or expended notwithstanding any other provision of law.

Requires the Secretary of State to provide foreign policy guidance to the Secretary of Commerce to ensure that such program is effectively integrated into U.S. foreign policy. Authorizes the Secretary of State to establish a program to conduct rule of law training and technical assistance related to labor activities in China (but not to the All-China Federation of Trade Unions). States that such programs may be used to conduct activities such as: (1) seminars and workshops; (2) drafting of commercial and labor codes; (3) legal training; (4) publications; (5) financing the operating costs for nongovernmental organizations working in this area; and (6) funding the travel of individuals to the United States and to China to provide and receive training. Authorizes the Secretaries of Commerce and of State, in carrying out such programs, to use any of the authorities contained in the Foreign Assistance Act of 1961 and the Foreign Service Act of 1980. Prohibits the provision of any funds under this Act to a component of a ministry or other administrative unit of the national, provincial, or other local governments of China, to a nongovernmental organization, or to an official of such governments or organizations, if the President has credible evidence that such component, administrative unit, organization or official has been materially responsible for the commission of human rights violations. Authorizes appropriations.

Commercial Competitiveness and Labor Rights in China Act of 2000

SECTION 1. SUSPENSION OF ASSISTANCE. (a) Multilateral Economic Assistance.-- (1) In general.--The Secretary of the Treasury shall instruct the United States executive directors to the international financial institutions to oppose, and vote against, any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Indonesia. (2) Sense of congress.--It is the sense of Congress that the international financial institutions should withhold the balance of any undisbursed approved loans or other assistance to the Government of Indonesia. (3) International financial institutions defined.--In this section, the term ``international financial institution'' includes the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guaranty Agency, and the Asian Development Bank. (b) Restriction on Bilateral Economic Assistance.--None of the funds appropriated or otherwise made available to carry out chapter 1 of part I (relating to development assistance) or chapter 4 of part II (relating to economic support fund assistance) of the Foreign Assistance Act of 1961 may be available for Indonesia, except subject to the procedures applicable to reprogramming notifications under section 634A of that Act. (c) Prohibition on Military-to-Military Cooperation and Support.-- (1) Assistance.--None of the funds appropriated or otherwise made available under the following provisions of law (including unobligated balances of prior year appropriations) may be available for Indonesia: (A) The Foreign Military Financing Program under section 23 of the Arms Export Control Act. (B) Chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance). (C) Chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training assistance). (2) Licensing.--None of the funds appropriated or otherwise made available under the following provisions of law (including unobligated balances of prior year appropriations) may be available for licensing exports of defense articles or defense services to Indonesia under section 38 of the Arms Export Control Act. (d) Multilateral Efforts.--The President should coordinate with other countries, particularly member states of the Asia-Pacific Economic Cooperation (APEC) Forum, to develop a comprehensive, multilateral strategy to further the purposes of this Act, including urging other countries to take measures similar to those described in this Act. SEC. 2 . EXCEPTION. Section 1 shall not apply to the provision of food or medical assistance to Indonesia or East Timor for humanitarian purposes. SEC. 3. CONDITIONS FOR THE TERMINATION OF MEASURES. (a) In General.--The measures described in section 1 shall apply with respect to the Government of Indonesia until the President determines and certifies to the appropriate congressional committees that-- (1) a safe and secure environment exists in East Timor, that Timorese who were forced to flee the militia-led violence are able to safely return to East Timor, and that there is freedom of movement within East Timor; (2) the United Nations Assistance Mission in East Timor (UNAMET) can resume its mandate pursuant to the June 11, 1999, authorization by the United Nations Security Council without threat or intimidation of its personnel; (3) steps have been taken to implement the results of the August 30, 1999, vote on East Timor's political status, which expressed the will of a majority of the Timorese people; and (4) the Armed Forces of the Republic of Indonesia is conducting itself in a manner consistent with its responsibilities to its citizens and its international commitments. (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Banking and Financial Services and the Committee on Appropriations of the House of Representatives. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the United States should strongly support the authorization of an international peacekeeping force for East Timor and support such a force in an appropriate manner.

Directs the Secretary of the Treasury to instruct the U.S. executive directors to the international financial institutions to oppose, and vote against, any extension of financial assistance of any kind to the Government of Indonesia (except humanitarian assistance to it or East Timor). Expresses the sense of Congress that such institutions should withhold the balance of any undisbursed approved loans or other assistance to the Government of Indonesia. Prohibits the availability of appropriated funds to Indonesia for: (1) economic and development assistance, except subject to the procedures applicable to reprogramming notifications; and (2) military assistance. Prohibits the licensing of exports of defense articles and defense services to Indonesia. Urges the President to coordinate with other countries (particularly member states of the Asia-pacific Economic Cooperation (APEC) Forum) to develop a comprehensive, multilateral strategy to further the purposes of this Act, including urging other countries to take measures similar to those contained in it. Imposes such prohibitions on the Government of Indonesia until the President determines and certifies to the appropriate congressional committees that: (1) a safe environment exists for the return of Timorese who were forced to flee the militia-led violence; (2) the UN Assistance Mission in East Timor (UNAMET) can resume its mandate pursuant to the June 11, 1999, authorization by the UN Security Council, without threat or intimidation; (3) steps have been taken to implement the results of the August 30, 1999, vote on East Timor's political status; and (4) the Armed Forces of the Republic of Indonesia is conducting itself in a manner consistent with its responsibilities to its citizens and its international commitments. Expresses the sense of Congress that the United States should strongly support the authorization of an international peacekeeping force for East Timor.

To impose an immediate suspension of assistance to the Government of Indonesia until the results of the August 30, 1999, vote in East Timor have been implemented, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Home Health Nurse and Patient Act of 2001''. (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. OASIS Task Force (OTF). Sec. 5. Elimination of mandatory requirement to collect Outcomes Assessment and Information Set (OASIS) data from certain individuals. Sec. 6. Improving the claims review process for dually-eligible medicare and medicaid beneficiaries receiving home health services. Sec. 7. Claims Review and Audit Task Force (CRATF). Sec. 8. Implementation of Task Force recommendations. SEC. 2. FINDINGS. The Senate makes the following findings: (1) The Outcomes Assessment and Information Set (in this section referred to as ``OASIS'') includes information regarding the health and functional status of patients of home health agencies, the use of health services by such patients, the living conditions of such patients, and the social support provided to such patients, that is necessary to assess the quality of care being provided to medicare and medicaid patients by home health agencies. (2) According to the Comptroller General of the United States, the average additional time that is necessary for a home health agency to comply with the OASIS requirement for a start-of-care assessment is 61 minutes more than the amount of time to comply with such requirement estimated by the Centers for Medicare & Medicaid Services. (3) Existing Federal regulations and associated paperwork requirements are excessively straining home health agencies and their clinical staff, and are often reported by nurses to be the primary contributors to their decreased job satisfaction. (4) Many nurses and home health aides are leaving the home health care profession and patients are staying in the hospital longer than necessary. (5) A 2000 national survey of home health agencies by the Hospital and Healthcare Compensation Service reported a 21 percent turnover rate for registered nurses, a 24 percent turnover rate for licensed practical nurses, and a 28 percent turnover rate for home health aides. (6) In its May 17, 2001 report titled ``Nursing Workforce-- Recruitment and Retention of Nurses and Nurse Aides Is a Growing Concern'', the General Accounting Office reported that the jobs for nurse aides working in home health care are projected to increase by 58 percent, from 746,000 in 1998 to 1,200,000 in 2008. SEC. 3. DEFINITIONS. In this Act: (1) Comprehensive assessment of patients.--The term ``comprehensive assessment of patients'' means the rule published by the Centers for Medicare & Medicaid Services that requires, as a condition of participation in the medicare program, a home health agency to provide a patient-specific comprehensive assessment that accurately reflects the patient's current status and that incorporates the Outcome and Assessment Information Set (OASIS). (2) CRATF.--The term ``CRATF'' means the Claims Review and Audit Task Force established under section 7. (3) Home health agency.--The term ``home health agency'' has the meaning given that term under section 1861(o) of the Social Security Act (42 U.S.C. 1395x(o)). (4) Outcome and assessment information set; oasis.--The terms ``Outcome and Assessment Information Set'' and ``OASIS'' mean the standard provided under the rule relating to data items that must be used in conducting a comprehensive assessment of patients. (5) Medicaid beneficiary.--The term ``medicaid beneficiary'' means an individual who is eligible for medical assistance under a State plan under the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (6) Medicare beneficiary.--The term ``medicare beneficiary'' means an individual who is entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) or enrolled under part B of such title (42 U.S.C. 1395j et seq.), including an individual who is enrolled in a Medicare+Choice plan under part C of such title (42 U.S.C. 1395w-21 et seq.). (7) OTF.--The term ``OTF'' means the OASIS Task Force established under section 4. (8) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services. SEC. 4. OASIS TASK FORCE (OTF). (a) Establishment of the OASIS Task Force.--The Secretary shall establish the OASIS Task Force (in this section referred to as the ``OTF'') in accordance with the provisions of section 1114(f) of the Social Security Act (42 U.S.C. 1314(f)). (b) Membership.--The OTF shall be composed of 11 members appointed by the Secretary as follows: (1) 3 members shall be officers, employees, or designees of the Centers for Medicare & Medicaid Services. (2) 4 members shall be national home health industry representatives. (3) 4 members shall be patient advocates. (c) Date.--The Secretary shall appoint the members of the OTF not later than the date that is 60 days after the date of enactment of this Act. (d) Study and Report.-- (1) Study.--The OTF shall conduct a study on the comprehensive assessment of patients to determine whether-- (A) the number of assessments required during an episode of care or the number of questions asked during each assessment should be decreased to eliminate redundant and uninformative clinical information; (B) a uniform data collection standard is needed to ensure that patients who are not medicare beneficiaries or medicaid beneficiaries receive the same quality of care as patients who are medicare beneficiaries or medicaid beneficiaries; and (C) OASIS data should be collected from medicaid beneficiaries who are not medicare beneficiaries. (2) Report.--Not later than the date that is 6 months after the date of enactment of this Act, the OTF shall submit to the Secretary and Congress a report on the study conducted under paragraph (1), together with such recommendations for legislative or administrative action as the OTF determines appropriate. SEC. 5. ELIMINATION OF MANDATORY REQUIREMENT TO COLLECT OUTCOMES ASSESSMENT AND INFORMATION SET (OASIS) DATA FROM CERTAIN INDIVIDUALS. Not later than the date that is 6 months after the date of enactment of this Act, the Secretary shall promulgate a regulation revising the data collection requirements under the Outcome and Assessment Information Set (OASIS) standard that is used as part of the comprehensive assessment of patients-- (1) to make the use of such data collection requirements optional with respect to patients of home health agencies who are not medicare beneficiaries or medicaid beneficiaries; and (2) to eliminate such data collection requirements with respect to any patient of a home health agency to whom only personal care services are furnished. SEC. 6. IMPROVING THE CLAIMS REVIEW PROCESS FOR DUALLY-ELIGIBLE MEDICARE AND MEDICAID BENEFICIARIES RECEIVING HOME HEALTH SERVICES. (a) In General.--The Secretary shall review each regulation relating to the demand billing process as such process applies to individuals who are both medicare beneficiaries and medicaid beneficiaries to determine whether such processes may be conducted in a manner that-- (1) is efficient; (2) allows for-- (A) the determination of coverage of home health services under the medicare program with respect to a patient not later than the date that is 3 weeks after the date on which the patient is admitted to the home health agency; and (B) the expedient submission of a claim prior to the end of an episode of care that avoids the submission of a request for anticipated payment before a final payment determination is made; and (3) does not adversely affect medicare beneficiaries, medicaid beneficiaries, or home health agencies in the determination of whether payment may be made under the medicare program for an item or service furnished by a home health agency. (b) Implementation.--Not later than the date that is 6 months after the date of enactment of this Act, the Secretary shall promulgate a final rule in accordance with section 1871 of the Social Security Act (42 U.S.C. 1395hh) revising the processes described in subsection (a) based on the review conducted under such subsection. SEC. 7. CLAIMS REVIEW AND AUDIT TASK FORCE (CRATF). (a) Establishment of the Claims Review and Audit Task Force.--The Secretary shall establish the Claims Review and Audit Task Force (in this section referred to as the ``CRATF'') in accordance with the provisions of section 1114(f) of the Social Security Act (42 U.S.C. 1314(f)). (b) Membership.--The CRATF shall be composed of 11 members appointed by the Secretary as follows: (1) 5 members shall be officers or employees of the Centers for Medicare & Medicaid Services. (2) 6 members shall be national home health industry representatives. (c) Date.--The Secretary shall appoint the members of the CRATF not later than the date that is 60 days after the date of enactment of this Act. (d) Study and Report.-- (1) Study.-- (A) In general.--The CRATF shall conduct a study on the processes and policies used to review medical claims submitted by home health agencies, technical denials of payment of such claims, and the statistical sampling methodology used to conduct post-payment audits and reviews of such claims. (B) Specific proposals considered.--In conducting the study under subparagraph (A), the CRATF shall consider the following proposals: (i) Establishing reasonable time limits on regional home health intermediaries for review of claims. (ii) Creating opportunities to use alternative dispute resolution to resolve disputes involving a claim for payment of a home health agency. (iii) Taking into account the results of all past claim reviews and appeal determinations to decide whether the provider should be subject to the proposed audit. (iv) Setting standards for responsible and ethical home health agencies so that agencies that meet those standards would be subject to a minimal number of sampling audits, focused medical reviews, and extensive prepayment claim reviews. (v) The elimination of technical denials of payment of claims submitted by home health agencies. (vi) Allowing the resubmission of any technically noncompliant claim submitted by a home health agency that has been corrected so that such claim is a clean claim. (vii) Allowing physician assistants and nurse practitioners to certify and make changes to home health care plans to ensure that home health agencies will be reimbursed in a timely manner and that care to the medicare beneficiary or medicaid beneficiary would not be interrupted. (viii) Developing a sampling regulation through the rulemaking process described in section 1871(b)(1) of the Social Security Act (42 U.S.C. 1871(b)(1)). (ix) Only using the methodology of projecting overpayment to a provider of home health services from a sample of claims where the Secretary has documented a widespread pattern of submitting erroneous claims for payment by that provider for which payment is made under the medicare program. (2) Report.--Not later than the date that is 6 months after the date of enactment of this Act, the CRATF shall submit to the Secretary and Congress a report on the study conducted under paragraph (1), together with such recommendations for legislative or administrative action as the CRATF determines appropriate. SEC. 8. IMPLEMENTATION OF TASK FORCE RECOMMENDATIONS. (a) Implementation of OTF Recommendations.--Not later than the date that is 6 months after the date on which the Secretary receives the report submitted under section 4(d)(2), the Secretary shall promulgate a regulation in accordance with section 1871 of the Social Security Act (42 U.S.C. 1395hh) revising the regulations relating to the comprehensive assessment of patients in order to implement the recommendations of the OTF contained in such report. (b) Implementation of CRATF Recommendations.--Not later than the date that is 6 months after the date on which the Secretary receives the report submitted under section 7(d)(2), the Secretary shall promulgate a regulation in accordance with section 1871 of the Social Security Act (42 U.S.C. 1395hh) revising the regulations relating to the processes and policies for review of medical claims submitted by home health agencies, technical denials of payment of such claims, and the statistical sampling methodology used to conduct post-payment audits and reviews of such claims in order to implement the recommendations of the CRATF contained in such report.

Home Health Nurse and Patient Act of 2001 - Directs the Secretary of Health and Human Services to establish the Outcome and Assessment Information Set (OASIS) Task Force to study and report to the Secretary and Congress on the comprehensive assessment of patients to determine whether: (1) the number of assessments required during an episode of care or the number of questions asked during each assessment should be decreased to eliminate redundant and uninformative clinical information; (2) a uniform data collection standard is needed to ensure that patients who are not Medicare (title XVIII of the Social Security Act (SSA)) or Medicaid (SSA title XIX) beneficiaries receive the same quality of care as Medicare or Medicaid beneficiaries; and (3) OASIS data should be collected from Medicaid beneficiaries who are not Medicare beneficiaries.Directs the Secretary to promulgate a regulation revising the data collection requirements under the OASIS standard used as part of the comprehensive assessment of patients to: (1) make use of such requirements optional for patients of home health agencies who are not Medicare or Medicaid beneficiaries; and (2) eliminate such requirements for any home health agency patient to whom only personal care services are furnished.Requires the Secretary to review each regulation relating to the demand billing process for individuals who are both Medicare and Medicaid beneficiaries to determine whether it may be conducted in a manner that is efficient, allows for determination of Medicare coverage of home health services and expedient claims submission, and does not adversely affect Medicare or Medicaid beneficiaries or home health agencies in determination of whether Medicare payment may be made for an item or service.Directs the Secretary to establish the Claims Review and Audit Task Force to study and report to the Secretary and Congress on the processes and policies used to review medical claims submitted by home health agencies and on other specified matters.Provides for the implementation of Task Force recommendations.

A bill to streamline the regulatory processes applicable to home health agencies under the medicare program under title XVIII of the Social Security Act and the medicaid program under title XIX of such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Agents Registration Modernization and Enforcement Act''. SEC. 2. CIVIL INVESTIGATIVE DEMAND AUTHORITY. The Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) is amended-- (1) by redesignating sections 8, 9, 10, 11, 12, 13, and 14 as sections 9, 10, 11, 12, 13, 14, and 15, respectively; and (2) by inserting after section 7 (22 U.S.C. 617) the following: ``civil investigative demand authority ``Sec. 8. (a) Whenever the Attorney General has reason to believe that any person or enterprise may be in possession, custody, or control of any documentary material relevant to an investigation under this Act, the Attorney General, before initiating a civil or criminal proceeding with respect to the production of such material, may serve a written demand upon such person to produce such material for examination. ``(b) Each such demand under this section shall-- ``(1) state the nature of the conduct constituting the alleged violation which is under investigation and the provision of law applicable to such violation; ``(2) describe the class or classes of documentary material required to be produced under such demand with such definiteness and certainty as to permit such material to be fairly identified; ``(3) state that the demand is immediately returnable or prescribe a return date which will provide a reasonable period within which the material may be assembled and made available for inspection and copying or reproduction; and ``(4) identify the custodian to whom such material shall be made available. ``(c) A demand under this section may not-- ``(1) contain any requirement that would be considered unreasonable if contained in a subpoena duces tecum issued by a court of the United States in aid of grand jury investigation of such alleged violation; or ``(2) require the production of any documentary evidence that would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged violation.''. SEC. 3. INFORMATIONAL MATERIALS. (a) Definitions.--Section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611) is amended-- (1) in subsection (1), by striking ``Expect'' and inserting ``Except''; and (2) by inserting after subsection (i) the following: ``(j) The term `informational materials' means any oral, visual, graphic, written, or pictorial information or matter of any kind, including matter published by means of advertising, books, periodicals, newspapers, lectures, broadcasts, motion pictures, or any means or instrumentality of interstate or foreign commerce or otherwise.''. (b) Informational Materials.--Section 4 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 614) is amended-- (1) in section (a)-- (A) by inserting ``, including electronic mail and social media,'' after ``United States mails''; and (B) by striking ``, not later than forty-eight hours after the beginning of the transmittal thereof, file with the Attorney General two copies thereof'' and inserting ``file such materials with the Attorney General in conjunction with, and at the same intervals as, disclosures required under section 2(b).''; and (2) in subsection (b)-- (A) by striking ``It shall'' and inserting ``(1) Except as provided in paragraph (2), it shall''; and (B) by inserting at the end the following: ``(2) Foreign agents described in paragraph (1) may omit disclosure required under that paragraph in individual messages, posts, or transmissions on social media on behalf of a foreign principal if the social media account or profile from which the information is sent includes a conspicuous statement that-- ``(A) the account is operated by, and distributes information on behalf of, the foreign agent; and ``(B) additional information about the account is on file with the Department of Justice in Washington, District of Columbia. ``(3) Informational materials disseminated by an agent of a foreign principal as part of an activity that is exempt from registration, or an activity which by itself would not require registration, need not be filed under this subsection.''. SEC. 4. FEES. (a) Repeal.--The Department of Justice and Related Agencies Appropriations Act, 1993 (title I of Public Law 102-395) is amended, under the heading ``salaries and expenses, general legal activities'', by striking ``In addition, notwithstanding 31 U.S.C. 3302, for fiscal year 1993 and thereafter, the Attorney General shall establish and collect fees to recover necessary expenses of the Registration Unit (to include salaries, supplies, equipment and training) pursuant to the Foreign Agents Registration Act, and shall credit such fees to this appropriation, to remain available until expended.''. (b) Registration Fee.--The Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), as amended by this Act, is further amended by adding at the end the following: ``fees ``Sec. 16. The Attorney General shall establish and collect a registration fee, as part of the initial filing requirement and at no other time, to help defray the expenses of the Registration Unit, and shall credit such fees to this appropriation, to remain available until expended.''. SEC. 5. REPORTS TO CONGRESS. Section 12 of the Foreign Agents Registration Act of 1938, as amended, as redesignated by section 3, is amended to read as follows: ``reports to congress ``Sec. 12. The Assistant Attorney General for National Security, through the FARA Registration Unit of the Counterintelligence and Export Control Section, shall submit a semiannual report to Congress regarding the administration of this Act, including, for the reporting period, the identification of-- ``(1) registrations filed pursuant to this Act; ``(2) the nature, sources, and content of political propaganda disseminated and distributed by agents of foreign principal; ``(3) the number of investigations initiated based upon a perceived violation of section 7; and ``(4) the number of such investigations that were referred to the Attorney General for prosecution.''.

Foreign Agents Registration Modernization and Enforcement Act This bill amends the Foreign Agents Registration Act of 1938 (FARA) to provide that whenever the Department of Justice (DOJ) has reason to believe that a person or enterprise may be in possession or control of documentary material relevant to an investigation under FARA, the DOJ, before initiating a civil or criminal proceeding with respect to the production of such material, may serve a written demand upon the entity to produce the material for examination. The bill includes social media communications under information that foreign agents must file with DOJ. Under certain circumstances, social media communications are exempted from the requirement for foreign agents to include a disclosure statement in informational materials. Informational materials disseminated by a foreign agent as part of an activity that would not require registration, need not be filed. The FARA Registration Unit shall submit a semiannual report to Congress regarding the administration of FARA, including the number of investigations initiated based upon a perceived violation and the number of such investigations that were referred to DOJ for prosecution.

Foreign Agents Registration Modernization and Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Computers for Veterans and Students Act of 2018'' or the ``COVS Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Access to computers and computer technology are indispensable for success in the 21st century. Millions of Americans do not regularly use a computer and research shows that substantial disparities remain in both internet use and the quality of access with the digital divide concentrated among older, less educated, less affluent populations, especially veterans, low-income students, and senior citizens. (2) In 1996, the President issued Executive Order 12999 instructing the General Services Administration (GSA) to allow schools and nonprofits the ability to receive Federal surplus computers for educational purposes. (3) GSA created the Computers for Learning Program, which distributes approximately 30,000 computers and computer-related equipment annually to public schools and nonprofits for reuse. (4) As a Federal program, Computers for Learning has lagged in fulfilling its mission just as the need for computer access for basic services and education has skyrocketed. (5) Computers for Learning has failed on three fronts through waste (computers going to schools and nonprofits that are not equipped to refurbish them), abuse (multiple cases of theft or fraud in recent years), and inefficiency (schools and nonprofits that lack the capacity to refurbish on a regional or national scale). (6) Computers for Learning would benefit from increased coordination by working directly with certified nonprofit computer refurbishers, the majority of which are allied together under the Alliance for Technology Reuse and Refurbishing (AFTRR). (7) AFTRR members collectively refurbish and put over 90,000 computers back into the community annually from public and privately donated equipment, closing the digital divide and diverting millions of pounds of potential e-waste from landfills. (8) Each AFTRR member has ``bridging the digital divide'' at the core of their respective missions. Collectively, they have decades of experience, capacity, and knowledge in not only refurbishing computers, but also, distributing them to people in need, with many providing low-cost internet access and digital literacy training. AFTRR members have led the Nation in bridging the digital divide for years, and in some cases, decades. SEC. 3. TRANSFER OF CERTAIN SURPLUS COMPUTERS AND TECHNOLOGY EQUIPMENT TO NONPROFIT COMPUTER REFURBISHERS. (a) In General.--The head of a Federal agency, through the Administrator of General Services, shall offer to transfer any surplus computer or technology equipment that is not being used internally by the Federal agency, or has not been requested for use by another Federal agency, to a nonprofit computer refurbisher for repair and distribution to an educational institution, a veteran, an individual with a disability, a low-income individual, a student, or a senior in need (as determined by the nonprofit computer refurbisher). (b) Collaboration With Alliance for Technology Refurbishing and Reuse.--In carrying out subsection (a), the Administrator of General Services shall work directly with the Alliance for Technology Refurbishing and Reuse to establish a process through which surplus computers and technology equipment will be transferred to nonprofit computer refurbishers. Such process shall be established not later than 60 days after the date of the enactment of this Act. (c) Return of Certain Computers and Equipment.--In the case in which the Administrator of General Services is not able to transfer a surplus computer or technology equipment to a nonprofit computer refurbisher within 30 days after offering to transfer such computer or equipment, the head of the Federal agency on whose behalf the Administrator of General Services acted shall dispose of such computer or equipment in accordance with the procedures of such agency regarding the disposal of Federal electronic assets. (d) Duties of Nonprofit Computer Refurbishers.-- (1) Training programs.--Each nonprofit computer refurbisher to whom the Administrator of General Services transfers a surplus computer or technology equipment under subsection (a) shall offer training programs for educational institutions, veterans, individuals with disabilities, low-income individuals, students, and seniors in need on the use of computers and technology equipment. (2) Legal compliance.--Each nonprofit computer refurbisher to whom the Administrator of General Services transfers a surplus computer or technology equipment under subsection (a) shall comply with any Federal, State, or local law relating to the disposition of e-waste. (3) Annual reports to aftrr.--Each nonprofit computer refurbisher to whom the Administrator of General Services transfers a surplus computer or technology equipment under subsection (a) shall submit an annual report to the Alliance for Technology Refurbishing and Reuse on any surplus computer or technology equipment repaired or distributed by such refurbisher. (e) Prohibition Against Tracking and Time Limits.--Due to the unique condition of each surplus computer or technology equipment, the Administrator of General Services may not require a nonprofit computer refurbisher to repair and distribute any surplus computer or technology equipment within a specific timeframe. (f) Definitions.--In this section: (1) Educational institution.--The term ``educational institution'' means-- (A) any public or private child care center, preschool, elementary school, secondary school, or accredited institution of vocational, professional, or higher education; and (B) in the case of an accredited institution of vocational, professional, or higher education composed of more than one school, college, or department that is administratively a separate unit, each such school, college, or department. (2) Nonprofit computer refurbisher.--The term ``nonprofit computer refurbisher'' means a nonprofit organization-- (A) whose primary mission and activity is to bridge the digital divide; (B) that is exempt from taxation under section 501 of the Internal Revenue Code of 1986; and (C) that is a member of the Alliance for Technology Refurbishing and Reuse. (3) Senior.--The term ``senior'' means any individual who is 65 years of age or older. (4) Student.--The term ``student'' means any individual enrolled in an educational institution, excluding a public or private child care center. (5) Technology equipment.--The term ``technology equipment'' means physical assets related to computers and information technology, including peripheral components, tablets, communication devices (such as routers, servers, and cell phones), printers, scanners, uninterruptible power sources, and cables and connections. (6) Veteran.--The term ``veteran'' has the meaning given that term in section 101 of title 38, United States Code.

Computers for Veterans and Students Act of 2018 or the COVS Act This bill directs federal agencies to offer, through the General Services Administration (GSA), to transfer surplus computers and technology equipment to nonprofit computer refurbishers for repair and distribution to educational institutions, veterans, disabled individuals, low-income individuals, students, and seniors in need. Each nonprofit computer refurbisher to whom the GSA transfers a surplus computer or technology equipment must offer training programs for such an institution or individual on how to use the computer or equipment. The bill prohibits the GSA from requiring that a nonprofit computer refurbisher repair and distribute any surplus computer or technology equipment within a specific period of time.

Computers for Veterans and Students Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``FSOC Designation Review Act''. SEC. 2. REEVALUATION AND REAFFIRMATION. Section 113(d) of the Financial Stability Act of 2010 (12 U.S.C. 5323(d)) is amended to read as follows: ``(d) Reevaluation and Reaffirmation.-- ``(1) In general.--The Council shall reevaluate each determination made under subsections (a) and (b) with respect to a nonbank financial company supervised by the Board of Governors on-- ``(A) an annual basis; and ``(B) upon the request of such company based upon the company's representation that there has been a material change in the company's operations or activities or a material change in regulatory or market conditions. ``(2) Reevaluation.--As part of the reevaluation required by paragraph (1), the Council shall-- ``(A) provide the nonbank financial company with a confidential written analysis of the specific elements of the company's exposures or activities that would be relevant to the Council's reevaluation of the determination for such company; ``(B) provide the nonbank financial company with an opportunity to submit written materials to the Council regarding the reevaluation, including, as the company's option, a plan to obtain rescission of the determination or other materials relevant to the assessment described under paragraph (3)(A); ``(C) if the nonbank financial company submits a plan under subparagraph (B), consider whether the plan, if implemented, would result in the nonbank financial company no longer meeting the criteria for a final determination under subsection (a) or (b); ``(D) make a preliminary written decision regarding rescinding such determination; ``(E) if the preliminary decision is not to rescind the determination, provide the nonbank financial company with-- ``(i) a copy of the preliminary decision, which shall include a confidential written analysis explaining with specificity whether and to what extent any plan submitted by the company under subparagraph (B) addresses the potential threat posed by the nonbank financial company to the financial stability of the United States; ``(ii) an opportunity to meet with representatives of the Council to discuss the preliminary decision and analysis provided under clause (i); and ``(iii) an opportunity to revise and re- submit such plan or any other written materials, after discussions with representatives of the Council; and ``(F) upon the request of the nonbank financial company, grant such company an oral hearing before the Council. ``(3) Vulnerability to financial distress.-- ``(A) In general.--The written analysis required under paragraph (2)(A) shall include an assessment describing with particularity the vulnerability of the nonbank financial company to financial distress, including consideration of the company's leverage, liquidity risk and maturity mismatch, and existing regulatory scrutiny of the company. ``(B) Effective of failure to include assessment.-- If the Council provides a written analysis under paragraph (2)(A) that does not contain the assessment required under subparagraph (A), any determination made under subsection (a) or (b) with respect to such company shall be rescinded immediately. ``(C) Definitions.--For purposes of this paragraph the terms `vulnerability to financial distress', `leverage', `liquidity risk and maturity mismatch', and `existing regulatory scrutiny of the nonbank financial company' shall have the same meaning as those terms are given, respectively, under appendix A to part 1310 of title 12, Code of Federal Regulations. ``(4) Reaffirmation.-- ``(A) In general.--Following a reevaluation under paragraph (1), the Council shall vote whether to reaffirm the determination that the nonbank financial company shall be supervised by the Board of Governors and shall be subject to prudential standards, pursuant to subsection (a) or (b), as applicable. ``(B) Vote requirement.--Any reaffirmation under subparagraph (A) shall require a vote of no fewer than \2/3\ of the voting members then serving, including an affirmative vote by the Chairperson, finding that the company still meets the standards for designation under subsection (a) or (b), as applicable. Any such finding shall include a detailed explanation of the basis for the Council's determination, including a confidential written analysis explaining with specificity whether and to what extent any plan submitted by the nonbank financial company pursuant to paragraph (2)(B) addresses the potential threat posed by the company to the financial stability of the United States. ``(C) Effect of failure to reaffirm.--If the Council votes under subparagraph (A) with respect to a nonbank financial company and does not reaffirm the designation, the determination made with respect to such company shall be rescinded immediately. ``(5) Views of primary financial regulatory agency.--In conducting a reevaluation under paragraph (1), the Council shall consult with the primary financial regulatory agency for the nonbank financial company, if any, and the primary financial regulatory agencies of the company's principal subsidiaries, if any, and the views of such agencies shall be given special consideration.''. SEC. 3. JUDICIAL REVIEW. Section 113(h) of the Financial Stability Act of 2010 (12 U.S.C. 5323(h)) is amended by striking ``subsection (d)(2)'' and inserting ``subsection (d)(4)''.

FSOC Designation Review Act This bill amends the Financial Stability Act of 2010 to revise requirements for reevaluation and reaffirmation of determinations by the Financial Stability Oversight Council (FSOC) that the Board of Governors of the Federal Reserve System supervise and regulate U.S. or foreign nonbank financial companies. The FSOC shall reevaluate such a determination not only annually (as under current law) but also upon the request of a nonbank financial company based on its representation that there has been a material change in its operations or activities or a material change in regulatory or market conditions. FSOC must give the company as part of a reevaluation: a confidential written analysis of the specific elements of the company's exposures or activities that would be relevant to the FSOC's reevaluation; and opportunity to submit written materials in response, including a plan to obtain rescission of the determination or other materials relevant to the assessment. The FSOC's written analysis must assess with particularity the company's vulnerability to financial distress, including consideration of its leverage, liquidity risk, and maturity mismatch, and existing regulatory scrutiny of the company. Following a reevaluation the FSOC shall vote whether to reaffirm the determination; but if two-thirds of the voting members do not vote in favor of reaffirmation, the determination in question shall be rescinded immediately, subject at company option to judicial review. (Currently a determination is automatically reaffirmed upon reevaluation unless by a two-thirds vote the FSOC rescinds it.)

FSOC Designation Review Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing Relief Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) There are more vacant nursing positions in the United States than there are qualified registered nurses and nursing school candidates to fill those positions. (2) According to the Department of Labor, the current national nursing shortage exceeds 126,000. (3) States in the West and Southwest have a disproportionate number of nursing vacancies because of rapid population growth, which exacerbates a widening gap in the number of facilities and staff compared to patients that need care. (4) Foreign countries such as the Philippines, India, and China have an oversupply of nurses. (5) Major hospital systems in the United States spend hundreds of millions of dollars every year recruiting foreign nurses under our current immigration system. (6) Current law, with certain limited exceptions, requires health care providers to sponsor desired nurses for permanent resident status while the nurses remain outside of the United States, which can take as much as 3 years. (7) This cost is passed on to consumers and adds to the rising cost of health care. (8) Health care providers cannot efficiently and effectively recruit qualified foreign nurses through the existing immigration process. (9) Our health care system requires an immediate modification of Federal laws relating to recruitment of qualified foreign nurses in order to operate at an efficient and effective level. (b) Purpose.--The purpose of this Act is to create a new nonimmigrant visa category for registered nurses and establish admission requirements for such nonimmigrants. SEC. 3. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES. (a) Establishment of a New Nonimmigrant Category.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (1) by striking ``or'' at the end of subparagraph (U), (2) by striking the period at the end of subparagraph (V) and inserting ``; or''; and (3) by adding at the end the following: ``(W) an alien who is coming temporarily to the United States to perform services as a professional nurse, as described in section 212(v)(1)(A), who meets the qualifications described in section 212(v)(1)(B), and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(v)(2), and the alien spouse and children of any such principal alien, if accompanying or following to join the principal alien.''. (b) Requiring Petition of Importing Employer.--Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:. ``(15)(A) The question of importing any alien as a nonimmigrant under section 101(a)(15)(W) in any specific case or specific cases shall be determined by the consular officer, after consultation with appropriate agencies of the Government, upon petition of the importing employer. Such petition shall be made and approved before the visa is granted. The petition shall be in such form and contain such information as the Secretary of Homeland Security shall prescribe by regulation. The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant. ``(B) The following petitions shall be determined by the Secretary of Homeland Security, after consultation with appropriate agencies of the Government: ``(i) A petition for an alien lawfully present in the United States to be initially granted nonimmigrant status described in section 101(a)(15)(W). ``(ii) A petition for an alien having such status to obtain an extension of stay. ``(iii) A petition to obtain authorization for an alien having such status to change employers.''. (c) Shifting Burden of Proof for Nonimmigrant Status.--Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(L) or (V)'' and inserting ``(L), (V), or (W)''. (d) Allowing Petition for Permanent Residence While in Nonimmigrant Status.--Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by striking ``(L), or (V)'' and inserting ``(L), (V), or (W)''. (e) Other Admission Requirements.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (1) by redesignating the second subsection (t) (added by section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) as subsection (u); and (2) by adding at the end the following: ``(v)(1)(A) For purposes of section 101(a)(15)(W) and this subsection-- ``(i) the term `professional nurse' means a person who applies the art and science of professional nursing in a manner that reflects comprehension of principles derived from the physical, biological, and behavioral sciences; and ``(ii) the term `professional nursing' includes-- ``(I) making clinical judgments involving the observation, care, and counsel of persons requiring nursing care; ``(II) administering of medicines and treatments prescribed by the physician or dentist; and ``(III) participation in the activities for the promotion of health and prevention of illness in others. ``(B) The qualifications referred to in section 101(a)(15)(W) are that the alien is qualified, under the laws (including such temporary or interim licensing provisions or nurse licensure compact provisions which authorize the nurse to be employed) governing the place of intended employment, to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed, except that if the alien has completed all licensing requirements except for submission of a social security account number, the alien may provide a letter from the State Board of Nursing of the State of intended employment which confirms that the alien is eligible for license issuance upon presentation of such number. ``(2)(A) The attestation referred to in section 101(a)(15)(W) is an attestation by the employer to the following: ``(i) The employer is offering and will offer during the period of authorized employment to aliens admitted or provided status under section 101(a)(15)(W) wages that are at least-- ``(I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or ``(II) the prevailing wage level for the occupational classification in the area of employment; whichever is greater, based on the best information available as of the time of the attestation. ``(ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed at the worksite. ``(iii) The alien will be paid the wage rate for registered nurses similarly employed at the worksite. ``(iv) There is not a strike or lockout in the course of a labor dispute in the registered nurse classification at the worksite. ``(v) The employer has provided notice of the filing of the attestation to the bargaining representative of the registered nurses at the worksite or, if there is no such bargaining representative, notice of the filing has been provided to the registered nurses employed at the worksite through physical posting in a conspicuous location at the worksites. ``(vi) The number of workers sought, the work locations, and the wage rate and conditions under which they will be employed. ``(B) The employer shall make a copy of the attestation available for public examination, within 10 working days after the date on which the attestation is filed, at the employer's principal place of business or worksite (along with such accompanying documents as are necessary). ``(C) The Secretary of Labor shall review the attestation only for completeness and obvious inaccuracies. Unless such Secretary finds that the attestation is incomplete or obviously inaccurate, the Secretary shall provide the certification described in section 101(a)(15)(W) within 7 days of the date of the filing of the attestation. ``(D) An attestation under subparagraph (A)-- ``(i) shall expire on the date that is the later of-- ``(I) the end of the 3-year period beginning on the date on which it is filed; or ``(II) the end of the period of admission under section 101(a)(15)(W) of the last alien with respect to whose admission it applied (in accordance with clause (ii)); and ``(ii) shall apply to petitions described in section 214(c)(15) filed during the 3-year period beginning on the date on which it is filed if the employer states in each such petition that it continues to comply with the conditions in the attestation. ``(E) An employer may meet the requirements of this paragraph with respect to more than one professional nurse in a single attestation. ``(F) An employer may meet the requirements of this paragraph with respect to more than one work location in a single attestation. ``(3)(A) The Secretary of Labor shall compile, and make available for public examination in a timely manner, a list identifying employers that have filed attestations under paragraph (2)(A). Such list shall include, with respect to each attestation, the wage rate, number of aliens sought, and period of intended employment. ``(B) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting an employer's failure to meet a condition specified in an attestation submitted under paragraph (2)(A) or a misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives). The Secretary shall conduct an investigation under this subparagraph if there is reasonable cause to believe that an employer willfully failed to meet a condition or willfully misrepresented a material fact. No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. ``(C) Under such process, the Secretary of Labor shall provide, within 30 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in subparagraph (B). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. If such a hearing is requested, the Secretary of Labor shall make a finding concerning the matter by not later than 60 days after the date of the hearing. In case of similar complaints respecting the same applicant, the Secretary of Labor may consolidate the hearings under this clause on such complaints. ``(D) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an employer has willfully failed to meet a condition specified in an attestation or that there was a willful misrepresentation of material fact in the attestation, the Secretary shall notify the Secretary of State and the Secretary of Homeland Security of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Secretary of Homeland Security shall not approve petitions described in section 214(c)(15) by the employer during a period of at least 1 year for nurses to be employed by the employer. ``(4)(A) A nonimmigrant alien described in subparagraph (B) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(W) is authorized to accept new employment upon the filing by the prospective employer of a petition described in section 214(c)(15)(B)(iii) on behalf of such nonimmigrant. Employment authorization shall continue for such alien until such petition is adjudicated. If such petition is denied, such authorization shall cease. ``(B) A nonimmigrant alien described in this subparagraph is a nonimmigrant alien-- ``(i) who has been lawfully admitted into the United States; ``(ii) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Secretary of Homeland Security; and ``(iii) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition. ``(5)(A) The initial period of authorized admission for a nonimmigrant under section 101(a)(15)(W) may not exceed 3 years, and may be extended, except that the total period of authorized admission as such a nonimmigrant may not exceed 6 years. ``(B)(i) Subparagraph (A) shall not apply to any nonimmigrant on whose behalf a petition under section 204(b) to accord the alien immigrant status under section 203(b), or an application for adjustment of status under section 245 to accord the alien status under section 203(b), has been filed, if 365 days or more have elapsed since the filing of such petition or application. ``(ii) The Secretary of Homeland Security shall extend the stay of an alien who qualifies for an exemption under clause (i) in 1-year increments until such time as a final decision is made on the alien's lawful permanent residence. ``(iii) Notwithstanding subparagraph (A) and clause (ii), any alien who is the beneficiary of an approved petition filed under section 204(b) for a status under paragraph (1), (2), or (3) of section 203(b), and who is eligible to be granted that status but for application of the per-country limitations on immigrants under such paragraph, may apply for, and the Secretary of Homeland Security may grant, one or more extensions of nonimmigrant status under section 101(a)(15)(W) until such time as an immigrant visa is immediately available to the alien and a decision on the alien's application for adjustment of status is made. ``(6) In the case of an alien spouse, who is accompanying or following to join a principal alien admitted under section 101(a)(15)(W), the Secretary of Homeland Security shall authorize the alien spouse to engage in employment in the United States and shall provide the spouse with an `employment authorized' endorsement or other appropriate work permit. ``(7)(A)(i) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(W) during any fiscal year is 50,000. ``(ii) If the numerical limitation in clause (i)-- ``(I) is reached during a fiscal year, the numerical limitation applicable to the subsequent fiscal year shall be 120 percent of the preceding numerical limitation; or ``(II) is not reached during a fiscal year, the numerical limitation shall remain the same during the subsequent fiscal year. ``(B) Notwithstanding subparagraph (A), aliens may be issued visas or otherwise provided nonimmigrant status under such section without regard to numerical limitation if they are only working in the geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals. ``(C) The numerical limitations in subparagraph (A) shall only apply to principal aliens and not to the spouse or children of such aliens.''. SEC. 4. REGULATIONS; EFFECTIVE DATE. (a) Regulations.--Not later than 90 days after the date of the enactment of this Act, the following shall promulgate regulations to carry out the amendments made by section 3: (1) The Secretary of Labor, in consultation with the Secretary of Health and Human Services and the Secretary of Homeland Security. (2) The Secretary of Homeland Security, in consultation with the Secretary of State. (b) Effective Date.--Notwithstanding subsection (a), the amendments made by section 3 shall take effect 90 days after the date of the enactment of this Act, regardless of whether the regulations promulgated under subsection (a) are in effect on such date. SEC. 5. SPECIFICATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT OF LAW. This Act is enacted pursuant to the power granted to Congress under article I, section 8, clause 4, to establish a uniform rule naturalization, and under article I, section 8, clause 18, of the United States Constitution.

Nursing Relief Act of 2006 - Amends the Immigration and Nationality Act to establish a nonimmigrant visa category (W-visa) for an alien coming to the United States to work as a professional nurse. Sets forth employer petition provisions.

To create a new nonimmigrant visa category for registered nurses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Hearing Detection and Intervention Act of 2007''. SEC. 2. EARLY DETECTION, DIAGNOSIS, AND TREATMENT OF HEARING LOSS. Section 399M of the Public Health Service Act (42 U.S.C. 280g-1) is amended-- (1) in the section heading, by striking ``infants'' and inserting ``newborns and infants''; (2) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``newborn and infant hearing screening, evaluation and intervention programs and systems'' and inserting ``newborn and infant hearing screening, evaluation, diagnosis, and intervention programs and systems, and to assist in the recruitment, retention, education, and training of qualified personnel and health care providers,''; and (B) by amending paragraph (1) to read as follows: ``(1) To develop and monitor the efficacy of statewide programs and systems for hearing screening of newborns and infants; prompt evaluation and diagnosis of children referred from screening programs; and appropriate educational, audiological, and medical interventions for children identified with hearing loss. Early intervention includes referral to and delivery of information and services by schools and agencies, including community, consumer, and parent-based agencies and organizations and other programs mandated by part C of the Individuals with Disabilities Education Act, which offer programs specifically designed to meet the unique language and communication needs of deaf and hard of hearing newborns and infants. Programs and systems under this paragraph shall establish and foster family-to-family support mechanisms that are critical in the first months after a child is identified with hearing loss.''; and (C) by adding at the end the following: ``(3) To develop efficient models to ensure that newborns and infants who are identified with a hearing loss through screening are not lost to follow-up by a qualified health care provider. These models shall be evaluated for their effectiveness, and State agencies shall be encouraged to adopt models that effectively reduce loss to follow-up. ``(4) To ensure an adequate supply of qualified personnel to meet the screening, evaluation, and early intervention needs of children.''; (3) in subsection (b)-- (A) in paragraph (1)(A), by striking ``hearing loss screening, evaluation, and intervention programs'' and inserting ``hearing loss screening, evaluation, diagnosis, and intervention programs''; (B) in paragraph (2)-- (i) by striking ``for purposes of this section, continue'' and insert the following: ``for purposes of this section-- ``(A) continue''; (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(B) establish a postdoctoral fellowship program to foster research and development in the area of early hearing detection and intervention.''; (4) in paragraphs (2) and (3) of subsection (c), by striking the term ``newborn and infant hearing screening, evaluation and intervention programs'' each place such term appears and inserting ``newborn and infant hearing screening, evaluation, diagnosis, and intervention programs''; and (5) in subsection (e)-- (A) in paragraph (3), by striking ``ensuring that families of the child'' and all that follows and inserting ``ensuring that families of the child are provided comprehensive, consumer-oriented information about the full range of family support, training, information services, and language and communication options and are given the opportunity to consider and obtain the full range of early intervention services, educational and program placements, and other options for their child from highly qualified providers.''; and (B) in paragraph (6), by striking ``, after rescreening,''; and (6) in subsection (f)-- (A) in paragraph (1), by striking ``fiscal year 2002'' and inserting ``fiscal years 2008 through 2013''; (B) in paragraph (2), by striking ``fiscal year 2002'' and inserting ``fiscal years 2008 through 2013''; and (C) in paragraph (3), by striking ``fiscal year 2002'' and inserting ``fiscal years 2008 through 2013''.

Early Hearing Detection and Intervention Act of 2007 - Amends the Public Health Service Act to expand the newborns and infants hearing loss program to include diagnostic services among the services provided. Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to assist in the recruitment, retention, education, and training of qualified personnel and health care providers. Includes within the purposes of such program: (1) developing efficient models to ensure that newborns and infants who are identified with a hearing loss through screening are not lost to follow-up by a qualified health care provider; and (2) ensuring an adequate supply of qualified personnel to meet the screening, evaluation, and early intervention needs of children. Requires the Director of the National Institutes of Health (NIH), acting through the Director of the National Institute on Deafness and Other Communication Disorders, to establish a postdoctoral fellowship program to foster research and development in the area of early hearing detection and intervention. Amends the definition of "early intervention" to require that families be given the opportunity to obtain the full range of early intervention services, educational and program placements, and other options for their child from highly qualified providers.

A bill to amend the Public Health Service Act regarding early detection, diagnosis, and treatment of hearing loss.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Academic Partnerships Lead Us to Success Act'' or the ``A PLUS Act''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To give States and local communities added flexibility to determine how to improve academic achievement and implement education reforms. (2) To reduce the administrative costs and compliance burden of Federal education programs in order to focus Federal resources on improving academic achievement. (3) To ensure that States and communities are accountable to the public for advancing the academic achievement of all students, especially disadvantaged children. SEC. 3. DEFINITIONS. In this Act: (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.). (2) Accountability.--The term ``accountability'' means that public schools are answerable to parents and other taxpayers for the use of public funds and shall report student progress to parents and taxpayers regularly. (3) Declaration of intent.--The term ``declaration of intent'' means a decision by a State, as determined by State Authorizing Officials or by referendum, to assume full management responsibility for the expenditure of Federal funds for certain eligible programs for the purpose of advancing, on a more comprehensive and effective basis, the educational policy of such State. (4) State.--The term ``State'' has the meaning given such term in section 1122(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6332(e)). (5) State authorizing officials.--The term ``State Authorizing Officials'' means the State officials who shall authorize the submission of a declaration of intent, and any amendments thereto, on behalf of the State. Such officials shall include not less than 2 of the following: (A) The governor of the State. (B) The highest elected education official of the State, if any. (C) The legislature of the State. (6) State designated officer.--The term ``State Designated Officer'' means the person designated by the State Authorizing Officials to submit to the Secretary, on behalf of the State, a declaration of intent, and any amendments thereto, and to function as the point-of-contact for the State for the Secretary and others relating to any responsibilities arising under this Act. SEC. 4. DECLARATION OF INTENT. (a) In General.--Each State is authorized to submit to the Secretary a declaration of intent permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of such funds to advance the educational policy of the State. (b) Programs Eligible for Consolidation and Permissible Use of Funds.-- (1) Scope.--A State may choose to include within the scope of the State's declaration of intent any program for which Congress makes funds available to the State if the program is for a purpose described in the Elementary and Education Secondary Act of 1965 (20 U.S.C. 6301). A State may not include any program funded pursuant to the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (2) Uses of funds.--Funds made available to a State pursuant to a declaration of intent under this Act shall be used for any educational purpose permitted by State law of the State submitting a declaration of intent. (3) Removal of fiscal and accounting barriers.--Each State educational agency that operates under a declaration of intent under this Act shall modify or eliminate State fiscal and accounting barriers that prevent local educational agencies and schools from easily consolidating funds from other Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements. (c) Contents of Declaration.--Each declaration of intent shall contain-- (1) a list of eligible programs that are subject to the declaration of intent; (2) an assurance that the submission of the declaration of intent has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; (3) the duration of the declaration of intent; (4) an assurance that the State will use fiscal control and fund accounting procedures; (5) an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the declaration of intent and in consolidating and using the funds under the declaration of intent; (6) an assurance that in implementing the declaration of intent the State will seek to advance educational opportunities for the disadvantaged; (7) a description of the plan for maintaining direct accountability to parents and other citizens of the State; and (8) an assurance that in implementing the declaration of intent, the State will seek to use Federal funds to supplement, rather than supplant, State education funding. (d) Duration.--The duration of the declaration of intent shall not exceed 5 years. (e) Review and Recognition by the Secretary.-- (1) In general.--The Secretary shall review the declaration of intent received from the State Designated Officer not more than 60 days after the date of receipt of such declaration, and shall recognize such declaration of intent unless the declaration of intent fails to meet the requirements under subsection (c). (2) Recognition by operation of law.--If the Secretary fails to take action within the time specified in paragraph (1), the declaration of intent, as submitted, shall be deemed to be approved. (f) Amendment to Declaration of Intent.-- (1) In general.--The State Authorizing Officials may direct the State Designated Officer to submit amendments to a declaration of intent that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). (2) Amendments authorized.--A declaration of intent that is in effect may be amended to-- (A) expand the scope of such declaration of intent to encompass additional eligible programs; (B) reduce the scope of such declaration of intent by excluding coverage of a Federal program included in the original declaration of intent; (C) modify the duration of such declaration of intent; or (D) achieve such other modifications as the State Authorizing Officials deem appropriate. (3) Effective date.--The amendment shall specify an effective date. Such effective date shall provide adequate time to assure full compliance with Federal program requirements relating to an eligible program that has been removed from the coverage of the declaration of intent by the proposed amendment. (4) Treatment of program funds withdrawn from declaration of intent.--Beginning on the effective date of an amendment executed under paragraph (2)(B), each program requirement of each program removed from the declaration of intent shall apply to the State's use of funds made available under the program. SEC. 5. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION. (a) In General.--Each State operating under a declaration of intent under this Act shall inform parents and the general public regarding the student achievement assessment system, demonstrating student progress relative to the State's determination of student proficiency for the purpose of public accountability to parents and taxpayers. (b) Accountability System.--The State shall determine and establish an accountability system to ensure accountability under this Act. (c) Report on Student Progress.--Not later than 1 year after the effective date of the declaration of intent, and annually thereafter, a State shall disseminate widely to parents and the general public a report that describes student progress. The report shall include-- (1) student performance data disaggregated in the same manner as data are disaggregated under section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)); and (2) a description of how the State has used Federal funds to improve academic achievement, reduce achievement disparities between various student groups, and improve educational opportunities for the disadvantaged. SEC. 6. ADMINISTRATIVE EXPENSES. (a) In General.--Except as provided in subsection (b), the amount that a State with a declaration of intent may expend for administrative expenses shall be limited to 1 percent of the aggregate amount of Federal funds made available to the State through the eligible programs included within the scope of such declaration of intent. (b) States Not Consolidating Funds Under Part A of Title I.--If the declaration of intent does not include within its scope part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), the amount spent by the State on administrative expenses shall be limited to 3 percent of the aggregate amount of Federal funds made available to the State pursuant to such declaration of intent. SEC. 7. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS. Each State consolidating and using funds pursuant to a declaration of intent under this Act shall provide for the participation of private school children and teachers in the activities assisted under the declaration of intent in the same manner as participation is provided to private school children and teachers under section 8501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).

Academic Partnerships Lead Us to Success Act or the A PLUS Act  This bill allows each state to receive federal elementary and secondary education funds on a consolidated basis and manage the funds to advance the educational policy of the state. A declaration of intent must be formulated by a combination of specified state officials or by referendum and must list the programs for which consolidated funding is requested. States may use such funds for any educational purpose permitted by state law, but must make certain assurances that they will use fiscal control and fund accounting procedures, abide by federal civil rights laws, advance educational opportunities for the disadvantaged, and use federal funds to supplement rather than supplant state funding. Each declaration state shall: (1) inform the public about its student achievement assessment system, (2) report annually on student progress toward the state's proficiency standards by specified student groups, and (3) provide for the equitable participation of private school children and teachers in the same manner as provided for under current law.

Academic Partnerships Lead Us to Success Act

SECTION 1. RESEARCH CREDIT MADE PERMANENT; CREDIT FOR EXPENSES ATTRIBUTABLE TO CERTAIN COLLABORATIVE RESEARCH CONSORTIA. (a) Credit Made Permanent.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Credit for Expenses Attributable to Certain Collaborative Research Consortia.-- (1) In general.--Subsection (a) of section 41 of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) 20 percent of the sum of-- ``(A) the qualified consortia expenses (as defined in subsection (f)) to the extent such expenses do not exceed the amount described in subparagraph (B), and ``(B) the amount paid in cash during the taxable year to a qualified collaborative research consortium for qualified collaborative research (as defined in subsection (f)).'' (2) Rules relating to qualified research consortia.-- Section 41 of such Code is amended by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting after subsection (e) the following new subsection: ``(f) Rules Relating to Qualified Research Consortia.--For purposes of subsection (a)(3)-- ``(1) In general.--The term `qualified consortia expenses' means, with respect to any taxable year, the sum of the following amounts which are paid or incurred by the taxpayer during the taxable year: ``(A) Any wages paid or incurred to an employee of the taxpayer for services performed by such employee in qualified collaborative research or in direct support of employees performing qualified collaborative research. ``(B) Any amount paid or incurred for supplies used in the conduct of qualified collaborative research. ``(2) Qualified collaborative research consortium.--The term `qualified collaborative research consortium' means any organization described in subsection (e)(6)(B) if-- ``(A) at least 15 unrelated taxpayers paid (during the calendar year in which the taxable year of the taxpayer begins) amounts to such organization for qualified collaborative research, ``(B) no 3 persons paid during such calendar year more than 50 percent of the total amounts paid during such calendar year for qualified collaborative research, and ``(C) no person contributed more than 25 percent of such total amounts. For purposes of subparagraph (A), all persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as related taxpayers. ``(3) Qualified collaborative research.--The term `qualified collaborative research' means qualified research-- ``(A) which is carried on in the public interest and the results of which are made available to the public on a nondiscriminatory basis, and ``(B) which is performed or supervised by a qualified collaborative research consortium. ``(4) Reduction for amounts expended on ineligible research.--The amount which, but for this paragraph, would be taken into account under subsection (a)(3)(B) by the taxpayer for any taxable year shall be reduced by an amount which bears the same ratio to such amount as-- ``(A) the amount paid or incurred during the calendar year in which such taxable year begins by the consortia for research which is not qualified research, bears to ``(B) the total amount paid or incurred during such calendar by the consortia for research. ``(5) Denial of double benefit.--Any amount taken into account under subparagraph (A) or (B) of subsection (a)(3) shall not be taken into account under subparagraph (A) or (B) of paragraph (1), or under paragraph (2), of subsection (a).'' (c) Effective Dates.-- (1) Credit made permanent.--The amendment made by subsection (a) shall apply to amounts paid or incurred after June 30, 1995, in taxable years ending after such date. (2) Payments to consortia.--The amendments made by subsection (b) shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to make permanent the credit for increasing research activities and to allow such a credit for qualified consortia expenses attributable to certain collaborative research consortia. Provides for a reduction for amounts expended on ineligible research.

To amend the Internal Revenue Code of 1986 to make the research credit permanent and to allow such credit for expenses attributable to certain collaborative research consortia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trademark Law Treaty Implementation Act''. SEC. 2. REFERENCE TO THE TRADEMARK ACT OF 1946. For purposes of this Act, the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.), shall be referred to as the ``Trademark Act of 1946''. SEC. 3. APPLICATION FOR REGISTRATION; VERIFICATION. (a) Application for Use of Trademark.--Section 1(a) of the Trademark Act of 1946 (15 U.S.C. 1051(a)) is amended to read as follows: ``Section 1. (a)(1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Commissioner, and such number of specimens or facsimiles of the mark as used as may be required by the Commissioner. ``(2) The application shall include specification of the applicant's domicile and citizenship, the date of the applicant's first use of the mark, the date of the applicant's first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark. ``(3) The statement shall be verified by the applicant and specify that-- ``(A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered; ``(B) to the best of the verifier's knowledge and belief, the facts recited in the application are accurate; ``(C) the mark is in use in commerce; and ``(D) to the best of the verifier's knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall-- ``(i) state exceptions to the claim of exclusive use; and ``(ii) shall specify, to the extent of the verifier's knowledge-- ``(I) any concurrent use by others; ``(II) the goods on or in connection with which and the areas in which each concurrent use exists; ``(III) the periods of each use; and ``(IV) the goods and area for which the applicant desires registration. ``(4) The applicant shall comply with such rules or regulations as may be prescribed by the Commissioner. The Commissioner shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.''. (b) Application for Bona Fide Intention To Use Trademark.-- Subsection (b) of section 1 of the Trademark Act of 1946 (15 U.S.C. 1051(b)) is amended to read as follows: ``(b)(1) A person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Commissioner. ``(2) The application shall include specification of the applicant's domicile and citizenship, the goods in connection with which the applicant has a bona fide intention to use the mark, and a drawing of the mark. ``(3) The statement shall be verified by the applicant and specify-- ``(A) that the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be entitled to use the mark in commerce; ``(B) the applicant's bona fide intention to use the mark in commerce; ``(C) that, to the best of the verifier's knowledge and belief, the facts recited in the application are accurate; and ``(D) that, to the best of the verifier's knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive. Except for applications filed pursuant to section 44, no mark shall be registered until the applicant has met the requirements of subsections (c) and (d) of this section. ``(4) The applicant shall comply with such rules or regulations as may be prescribed by the Commissioner. The Commissioner shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.''. (c) Consequence of Delays.--Paragraph (4) of section 1(d) of the Trademark Act of 1946 (15 U.S.C. 1051(d)(4)) is amended to read as follows: ``(4) The failure to timely file a verified statement of use under paragraph (1) or an extension request under paragraph (2) shall result in abandonment of the application, unless it can be shown to the satisfaction of the Commissioner that the delay in responding was unintentional, in which case the time for filing may be extended, but for a period not to exceed the period specified in paragraphs (1) and (2) for filing a statement of use.''. SEC. 4. REVIVAL OF ABANDONED APPLICATION. Section 12(b) of the Trademark Act of 1946 (15 U.S.C. 1062(b)) is amended in the last sentence by striking ``unavoidable'' and by inserting ``unintentional''. SEC. 5. DURATION OF REGISTRATION; CANCELLATION; AFFIDAVIT OF CONTINUED USE; NOTICE OF COMMISSIONER'S ACTION. Section 8 of the Trademark Act of 1946 (15 U.S.C. 1058) is amended to read as follows: ``duration ``Sec. 8. (a) Each registration shall remain in force for 10 years, except that the registration of any mark shall be canceled by the Commissioner for failure to comply with the provisions of subsection (b) of this section, upon the expiration of the following time periods, as applicable: ``(1) For registrations issued pursuant to the provisions of this Act, at the end of 6 years following the date of registration. ``(2) For registrations published under the provisions of section 12(c), at the end of 6 years following the date of publication under such section. ``(3) For all registrations, at the end of each successive 10-year period following the date of registration. ``(b) During the 1-year period immediately preceding the end of the applicable time period set forth in subsection (a), the owner of the registration shall pay the prescribed fee and file in the Patent and Trademark Office-- ``(1) an affidavit setting forth those goods or services recited in the registration on or in connection with which the mark is in use in commerce and such number of specimens or facsimiles showing current use of the mark as may be required by the Commissioner; or ``(2) an affidavit setting forth those goods or services recited in the registration on or in connection with which the mark is not in use in commerce and showing that any such nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark. ``(c) The owner of the registration may make the submissions required by this section, or correct any deficiency in a timely filed submission, within a grace period of 6 months after the end of the applicable time period set forth in subsection (a). Such submission must be accompanied by a surcharge prescribed therefor. If any submission required by this section filed during the grace period is deficient, the deficiency may be corrected within the time prescribed after notification of the deficiency. Such submission must be accompanied by a surcharge prescribed therefor. ``(d) Special notice of the requirement for affidavits under this section shall be attached to each certificate of registration and notice of publication under section 12(c). ``(e) The Commissioner shall notify any owner who files 1 of the affidavits required by this section of the Commissioner's acceptance or refusal thereof and, in the case of a refusal, the reasons therefor. ``(f) If the registrant is not domiciled in the United States, the registrant shall designate by a written document filed in the Patent and Trademark Office the name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, such notice or process may be served upon the Commissioner.''. SEC. 6. RENEWAL OF REGISTRATION. Section 9 of the Trademark Act of 1946 (15 U.S.C. 1059) is amended to read as follows: ``renewal of registration ``Sec. 9. (a) Subject to the provisions of section 8, each registration may be renewed for periods of 10 years at the end of each successive 10-year period following the date of registration upon payment of the prescribed fee and the filing of a written application, in such form as may be prescribed by the Commissioner. Such application may be made at any time within 1 year before the end of each successive 10-year period for which the registration was issued or renewed, or it may be made within a grace period of 6 months after the end of each successive 10-year period, upon payment of a fee and surcharge prescribed therefor. If any application filed during the grace period is deficient, the deficiency may be corrected within the time prescribed after notification of the deficiency, upon payment of a surcharge prescribed therefor. ``(b) If the Commissioner refuses to renew the registration, the Commissioner shall notify the registrant of the Commissioner's refusal and the reasons therefor. ``(c) If the registrant is not domiciled in the United States, the registrant shall designate by a written document filed in the Patent and Trademark Office the name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, such notice or process may be served upon the Commissioner.''. SEC. 7. RECORDING ASSIGNMENT OF MARK. Section 10 of the Trademark Act of 1946 (15 U.S.C. 1060) is amended to read as follows: ``assignment ``Sec. 10. (a) A registered mark or a mark for which an application to register has been filed shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Notwithstanding the preceding sentence, no application to register a mark under section 1(b) shall be assignable prior to the filing of an amendment under section 1(c) to bring the application into conformity with section 1(a) or the filing of the verified statement of use under section 1(d), except for an assignment to a successor to the business of the applicant, or portion thereof, to which the mark pertains, if that business is ongoing and existing. In any assignment authorized by this section, it shall not be necessary to include the good will of the business connected with the use of and symbolized by any other mark used in the business or by the name or style under which the business is conducted. Assignments shall be by instruments in writing duly executed. Acknowledgment shall be prima facie evidence of the execution of an assignment, and when the prescribed information reporting the assignment is recorded in the Patent and Trademark Office, the record shall be prima facie evidence of execution. An assignment shall be void against any subsequent purchaser for valuable consideration without notice, unless the prescribed information reporting the assignment is recorded in the Patent and Trademark Office within 3 months after the date of the subsequent purchase or prior to the subsequent purchase. The Patent and Trademark Office shall maintain a record of information on assignments, in such form as may be prescribed by the Commissioner. ``(b) An assignee not domiciled in the United States shall designate by a written document filed in the Patent and Trademark Office the name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, such notice or process may be served upon the Commissioner.''. SEC. 8. INTERNATIONAL CONVENTIONS; COPY OF FOREIGN REGISTRATION. Section 44 of the Trademark Act of 1946 (15 U.S.C. 1126) is amended-- (1) in subsection (d)-- (A) by striking ``23, or 44(e) of this Act'' and inserting ``or 23 of this Act or under subsection (e) of this section''; and (B) in paragraphs (3) and (4), by striking ``this subsection (d)'' and inserting ``this subsection''; and (2) in subsection (e), by striking the second sentence and inserting the following: ``Such applicant shall submit, within such time period as may be prescribed by the Commissioner, a certification or a certified copy of the registration in the country of origin of the applicant.''. SEC. 9. MISCELLANEOUS AMENDMENTS. (a) Cancellation of Functional Marks.--Section 14(3) of the Trademark Act of 1946 (15 U.S.C. 1064(3)) is amended by inserting ``or is functional,'' before ``or has been abandoned''. (b) Incontestability Defenses.--Section 33(b) of the Trademark Act of 1946 (15 U.S.C. 1115(b)) is amended-- (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following: ``(8) That the mark is functional; or''. (c) Remedies in Cases of Dilution of Famous Marks.-- (1) Injunctions.--(A) Section 34(a) of the Trademark Act of 1946 (15 U.S.C. 1116(a)) is amended in the first sentence by striking ``section 43(a)'' and inserting ``subsection (a) or (c) of section 43''. (B) Section 43(c)(2) of the Trademark Act of 1946 (15 U.S.C. 1125(c)(2)) is amended in the first sentence by inserting ``as set forth in section 34'' after ``relief''. (2) Damages.--Section 35(a) of the Trademark Act of 1946 (15 U.S.C. 1117(a)) is amended in the first sentence by striking ``or a violation under section 43(a),'' and inserting ``a violation under section 43(a), or a willful violation under section 43(c),''. (3) Destruction of articles.--Section 36 of the Trademark Act of 1946 (15 U.S.C. 1118) is amended in the first sentence-- (A) by striking ``or a violation under section 43(a),'' and inserting ``a violation under section 43(a), or a willful violation under section 43(c),''; and (B) by inserting after ``in the case of a violation of section 43(a)'' the following: ``or a willful violation under section 43(c)''. SEC. 10. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect-- (1) on the date that is 1 year after the date of the enactment of this Act, or (2) upon the entry into force of the Trademark Law Treaty with respect to the United States, whichever occurs first. Passed the House of Representatives July 22, 1997. Attest: ROBIN H. CARLE, Clerk.

Trademark Law Treaty Implementation Act - Amends the Trademark Act of 1946 to revise trademark registration requirements. Requires owners of trademarks and persons with bona fide intentions to use trademarks to include verifications attesting to the accuracy of facts in registration applications. Prohibits the registration of any trademark until the applicant has met certain existing requirements with respect to: (1) amending an application for a bona fide intention to use a trademark to conform to requirements for using a trademark in commerce if the applicant has made use of the trademark; and (2) verifying statements that a trademark is used in commerce. Exempts trademarks subject to certain international conventions from such requirements. Provides that failures to file extension requests for filing statements of use shall result in abandonment of registration applications unless shown to the satisfaction of the Commissioner of Patents and Trademarks that a delay was unintentional. Grants owners of registered trademarks a grace period to make certain affidavits in order to avoid early cancellations of registrations. Revises registration renewal requirements and extends the period in which a renewal may be filed to one year (currently, six months) before the end of each successive ten-year period for which the registration was issued or renewed. Extends the grace period for filing renewals for expired registrations from three to six months after the end of such ten-year period, with payment of a surcharge. Removes a requirement that an application for registration of a foreign trademark be accompanied by a certification or certified copy of the foreign registration. Requires the submission of such documents within such time period as the Commissioner prescribes. Adds: (1) functional trademarks to the list of trademarks which may be cancelled at any time; and (2) functionality to the list of defenses to infringement in cases involving incontestable registrations. Expands remedies for cases involving the willful dilution of famous trademarks to authorize the award of damages and the destruction of infringing articles for such violation.

Trademark Law Treaty Implementation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Belated Thank You to the Merchant Mariners of World War II Act of 2005''. SEC. 2. MONTHLY BENEFIT FOR WORLD WAR II MERCHANT MARINERS AND SURVIVORS UNDER TITLE 46, UNITED STATES CODE. (a) Monthly Benefit.--Chapter 112 of title 46, United States Code, is amended-- (1) by inserting after the table of sections the following new subchapter heading: ``SUBCHAPTER I--VETERANS' BURIAL AND CEMETERY BENEFITS''; and (2) by adding at the end the following new subchapter: ``SUBCHAPTER II--MONTHLY BENEFIT ``Sec. 11205. Monthly benefit ``(a) Payment.--The Secretary of Veterans Affairs shall pay to each person issued a certificate of honorable service pursuant to section 11207(b) of this title a monthly benefit of $1,000. ``(b) Surviving Spouses.-- ``(1) Payment to surviving spouses.--The Secretary of Veterans Affairs shall pay to the surviving spouse of each person issued a certificate of honorable service pursuant to section 11207(b) of this title a monthly benefit of $1,000. ``(2) Exclusion.--No benefit shall be paid under paragraph (1) to a surviving spouse of a person issued a certificate of honorable service pursuant to section 11207(b) unless the surviving spouse was married to such person for no less than 1 year. ``(c) Exemption From Taxation.--Payments of benefits under this section are exempt from taxation as provided in section 5301(a) of title 38. ``Sec. 11206. Qualified service ``For purposes of this subchapter, a person shall be considered to have engaged in qualified service if, between December 7, 1941, and December 31, 1946, the person-- ``(1) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was-- ``(A) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of such Administration or Office); ``(B) operated in waters other than-- ``(i) inland waters; ``(ii) the Great Lakes; and ``(iii) other lakes, bays, and harbors of the United States; ``(C) under contract or charter to, or property of, the Government of the United States; and ``(D) serving the Armed Forces; and ``(2) while serving as described in paragraph (1), was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service. ``Sec. 11207. Documentation of qualified service ``(a) Application for Service Certificate.--A person seeking benefits under section 11205 of this title shall submit an application for a service certificate to the Secretary of Transportation, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Secretary of Defense. ``(b) Issuance of Service Certificate.--The Secretary who receives an application under subsection (a) shall issue a certificate of honorable service to the applicant if, as determined by that Secretary, the person engaged in qualified service under section 11206 of this title and meets the standards referred to in subsection (d) of this section. ``(c) Timing of Documentation.--A Secretary receiving an application under subsection (a) shall act on the application not later than 1 year after the date of that receipt. ``(d) Standards Relating to Service.--In making a determination under subsection (b), the Secretary acting on the application shall apply the same standards relating to the nature and duration of service that apply to the issuance of honorable discharges under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note). ``Sec. 11208. Definitions ``In this subchapter, the term `surviving spouse' has the meaning given such term in section 101 of title 38, except that in applying the meaning in this subchapter, the term `veteran' shall include a person who performed qualified service as specified in section 11206 of this title. ``Sec. 11209. Authorization of appropriations ``There are authorized to be appropriated to the Secretary of Veterans Affairs such sums as may be necessary for the purpose of carrying out this subchapter.''. (b) Conforming Amendments.--Subsection (c) of section 11201 of title 46, United States Code, is amended-- (1) in paragraph (1), by striking ``chapter'' and inserting ``subchapter''; and (2) in paragraph (2), by striking ``chapter'' the second place it appears and inserting ``subchapter''. (c) Clerical Amendments.--The table of sections at the beginning of chapter 112 of title 46, United States Code, is amended-- (1) by inserting at the beginning the following new item: ``subchapter i--veterans' burial and cemetery benefits''; and (2) by adding at the end the following new items: ``subchapter ii--monthly benefit ``11205. Monthly benefit. ``11206. Qualified service. ``11207. Documentation of qualified service. ``11208. Definitions. ``11209. Authorization of appropriations.''. (d) Effective Date.--Subchapter II of chapter 112 of title 46, United States Code, as added by subsection (a) of this section, shall take effect with respect to payments for periods beginning on or after the date of the enactment of this Act, regardless of the date of application for benefits. SEC. 3. BENEFITS FOR WORLD WAR II MERCHANT MARINERS UNDER TITLE II OF THE SOCIAL SECURITY ACT. (a) Benefits.--Section 217(d) of the Social Security Act (42 U.S.C. 417(d)) is amended by adding at the end the following new paragraph: ``(3) The term `active military or naval service' includes the service, or any period of forcible detention or internment by an enemy government or hostile force as a result of action against a vessel described in subparagraph (A), of a person who-- ``(A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was-- ``(i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of such Administration or Office); ``(ii) operated in waters other than-- ``(I) inland waters; ``(II) the Great Lakes; and ``(III) other lakes, bays, and harbors of the United States; ``(iii) under contract or charter to, or property of, the Government of the United States; and ``(iv) serving the Armed Forces; and ``(B) while serving as described in subparagraph (A), was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service.''. (b) Effective Date.--The amendment made by subsection (a) shall apply only with respect to benefits for months beginning on or after the date of the enactment of this Act.

Belated Thank You to the Merchant Mariners of World War II Act of 2005 - Directs the Secretary of Veterans Affairs to pay a monthly benefit of $1,000 to certain honorably-discharged veterans of the U.S. Merchant Marine who served between December 7, 1941, and December 31, 1946 (or to their survivors). Includes service in the Army Transport Service and the Naval Transport Service. Exempts benefits paid under this Act from taxation. Provides for benefits for World War II Merchant Mariners under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act.

To amend title 46, United States Code, and title II of the Social Security Act to provide benefits to certain individuals who served in the United States merchant marine (including the Army Transport Service and the Naval Transport Service) during World War II.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cash Accounting for Small Business Act of 2001''. SEC. 2. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL BUSINESS. (a) Cash Accounting Permitted.--Section 446 of the Internal Revenue Code of 1986 (relating to general rule for methods of accounting) is amended by adding at the end the following new subsection: ``(g) Small Business Taxpayers Permitted to Use Cash Accounting Method Without Limitation.-- ``(1) In general.--Notwithstanding any other provision of this title, an eligible taxpayer shall not be required to use an accrual method of accounting for any taxable year. ``(2) Eligible taxpayer.--For purposes of this subsection-- ``(A) In general.--A taxpayer is an eligible taxpayer with respect to any taxable year if-- ``(i) for all prior taxable years beginning after December 31, 1999, the taxpayer (or any predecessor) met the gross receipts test of subparagraph (B), and ``(ii) the taxpayer is not a tax shelter (as defined in section 448(d)(3)). ``(B) Gross receipts test.--A taxpayer meets the gross receipts test of this subparagraph for any prior taxable year if the average annual gross receipts of the taxpayer (or any predecessor) for the 3-taxable- year period ending with such prior taxable year does not exceed $5,000,000. The rules of paragraphs (2) and (3) of section 448(c) shall apply for purposes of the preceding sentence. ``(C) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2001, the dollar amount contained in subparagraph (B) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting ``calendar year 2000'' for ``calendar year 1992'' in subparagraph (B) thereof. If any amount as adjusted under this subparagraph is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000.''. (b) Clarification of Inventory Rules for Small Business.--Section 471 of the Internal Revenue Code of 1986 (relating to general rule for inventories) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Small Business Taxpayers Not Required to Use Inventories.-- ``(1) In general.--An eligible taxpayer shall not be required to use inventories under this section for a taxable year. ``(2) Treatment of taxpayers not using inventories.--If an eligible taxpayer does not use inventories with respect to any property for any taxable year beginning after December 31, 2000, such property shall be treated as a material or supply which is not incidental. ``(3) Eligible taxpayer.--For purposes of this subsection, the term `eligible taxpayer' has the meaning given such term by section 446(g)(2).''. (c) Indexing of Gross Receipts Test.--Section 448(c) of the Internal Revenue Code of 1986 (relating to $5,000,000 gross receipts test) is amended by adding at the end the following new paragraph: ``(4) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2001, the dollar amount contained in paragraph (1) 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 2000' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under this paragraph is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000.''. (d) Effective Date and Special Rules.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. (2) Change in method of accounting.--In the case of any taxpayer changing the taxpayer's method of accounting for any taxable year under the amendments made by this section-- (A) such change shall be treated as initiated by the taxpayer; (B) such change shall be treated as made with the consent of the Secretary of the Treasury; and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period (not greater than 4 taxable years) beginning with such taxable year.

Cash Accounting for Small Business Act of 2001 - Amends the Internal Revenue Code to prohibit an eligible taxpayer from being required to use an accrual method of accounting for a taxable year if the such taxpayer's average annual gross receipts for the preceding three-year period does not exceed $5 million (to be adjusted for inflation).States that eligible small business taxpayers shall not be required to use inventories, and that property shall be treated as a material which is not incidental.

A bill to amend the Internal Revenue Code of 1986 to allow use of cash accounting method for certain small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Canine Detection Team Improvement Act of 2007''. SEC. 2. CANINE DETECTION TEAM IMPROVEMENT. (a) In General.--The Homeland Security Act of 2002 is amended-- (1) by redesignating the second title XVIII as title XIX; and (2) by adding at the end the following: ``TITLE XX--MISCELLANEOUS PROVISIONS ``Subtitle A--Canine Detection Teams ``SEC. 2001. COORDINATION AND ENHANCEMENT OF CANINE DETECTION TEAM TRAINING. ``The Secretary shall-- ``(1) fully coordinate the canine training programs of the Department, including the research and development of new canine training methods, including the optimum number and type of training aids and research on all measurements for efficiency and effectiveness; and ``(2) ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year. ``SEC. 2002. CANINE PROCUREMENT. ``The Secretary shall-- ``(1) make it a priority to increase the number of domestically bred canines used by the Department to assist in its counter-terrorism mission, including the protection of ports of entry and along the United States border; ``(2) increase the utilization of domestically bred canines from universities and private and nonprofit sources in the United States; and ``(3) consult with other Federal, State, and local agencies, nonprofit organizations, universities, and private entities that use detection canines, such as those participating in the Scientific Working Group on Dog and Orthogonal Detector Guidelines (popularly known as `SWGDOG'), as well as the Office of Management and Budget, to encourage domestic breeding of canines and consolidate canine procurement, where possible, across the Federal Government to reduce the cost of purchasing canines. ``SEC. 2003. DOMESTIC CANINE BREEDING GRANT PROGRAM. ``(a) Establishment of Program.--The Secretary shall establish a competitive grant program for domestic breeders of canines. The purpose of the grant program shall be to encourage the development and growth of targeted breeding programs that are best suited for breeding canines for detection purposes within the United States. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2008 through 2012. ``SEC. 2004. HOMELAND SECURITY CANINE DETECTION ACCREDITATION BOARD. ``(a) Establishment of Accreditation Board.-- ``(1) In general.--Not later than 180 days after the date on which the national voluntary consensus standards referred to in subsection (b)(1) are issued, the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Attorney General, shall establish a Homeland Security Canine Detection Accreditation Board to develop and implement a process for certifying compliance with such standards. ``(2) Membership.--The membership of the Accreditation Board shall consist of experts in the fields of canine training and explosives detection from Federal and State agencies, universities, other research institutions, and the private sector, such as those represented on the Executive Board of SWGDOG. ``(b) Accreditation Process.--The Accreditation Board shall establish and implement a voluntary accreditation process to-- ``(1) certify that persons conducting certification of canine detection teams appropriately ensure that the canine detection teams meet the national voluntary consensus standards for canines, handlers, and trainers developed by SWGDOG; ``(2) ensure that canine detection teams do not put public safety and the safety of law enforcement personnel at risk due to fraud or weaknesses in the initial or maintenance training curriculum; and ``(3) maintain and update a public list of entities accredited by the Department to certify canine detection teams. ``(c) Compliance With Standards.--Beginning not later than the date that is 180 days after the date on which the standards referred to in subsection (b)(1) are issued, the Secretary shall require that grant funds administered by the Department may not be used to acquire a canine detection team unless-- ``(1) the canine detection team is certified under the process established under subsection (b); or ``(2) the Secretary determines that the applicant has shown special circumstances that justify the acquisition of canines that are not certified under the process established under subsection (b). ``SEC. 2005. DEFINITIONS. ``In this subtitle: ``(1) Canine detection team.--The term `canine detection team' means a canine and a canine handler. ``(2) Certifying entity.--The term `certifying entity' means an entity that oversees the processes and procedures used to train and test canine detection teams. ``(3) SWGDOG.--The term `SWGDOG' means the Scientific Working Group on Dog and Orthogonal Detector Guidelines.''. (b) Clerical Amendment.--The table of sections in section 1(b) of such Act is amended by striking the items relating to the second title XVIII and adding at the end the following: ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE ``Sec. 1901. Domestic Nuclear Detection Office. ``Sec. 1902. Mission of Office. ``Sec. 1903. Hiring authority. ``Sec. 1904. Testing authority. ``Sec. 1905. Relationship to other Department entities and Federal agencies. ``Sec. 1906. Contracting and grant making authorities. ``TITLE XX--MISCELLANEOUS PROVISIONS ``Subtitle A--Canine Detection Teams ``Sec. 2001. Coordination and enhancement of canine detection team training. ``Sec. 2002. Canine procurement. ``Sec. 2003. Domestic canine breeding grant program. ``Sec. 2004. Homeland Security Canine Detection Accreditation Board. ``Sec. 2005. Definitions.''. (c) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the plan of the Secretary to coordinate and consolidate the canine training and related programs of the Department of Homeland Security in accordance with section 2001 of the Homeland Security Act of 2002, as added by subsection (a).

Canine Detection Team Improvement Act of 2007 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to: (1) fully coordinate Department of Homeland Security (DHS) canine training programs; (2) ensure that DHS is maximizing its use of existing training facilities and resources to train canines throughout the year; (3) make it a priority to increase the number of domestically bred canines used by DHS to assist its counterterrorism mission; (4) increase the utilization of domestically bred canines from universities and private and nonprofit sources; and (5) consult with other federal, state, and local agencies, nonprofit organizations, universities, and private entities that use detection canines, as well as the Office of Management and Budget (OMB), to encourage domestic breeding of canines and to consolidate canine procurement across the federal government. Directs the Secretary to: (1) establish a competitive grant program for domestic breeders of canines; (2) establish a Homeland Security Canine Detection Accreditation Board; and (3) prohibit the use of grant funds to acquire a canine detection team that is not certified, except under special circumstances.

To improve the programs of the Department of Homeland Security relating to trained detection canines, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Home Equity Conversion Mortgage Act of 2007''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS GUARANTEE OF HOME EQUITY CONVERSION MORTGAGES FOR ELDERLY VETERAN HOMEOWNERS. (a) Loan Guarantee Authorized.--Subchapter II of chapter 37 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 3715. Guarantee of home equity conversion mortgages for elderly veteran homeowners ``(a) Loan Guarantee.--Upon receiving an application by a covered mortgagee and under such terms and conditions as the Secretary may prescribe, the Secretary may guarantee any home equity conversion mortgage that is made to an elderly veteran homeowner pursuant to the provisions of this section and conforms with all applicable provisions of this title. ``(b) Standards for Commitment.--The Secretary shall establish standards under which the Secretary will commit to guarantee such home equity conversion mortgage made to an elderly veteran homeowner before the date on which the mortgage is executed, if the Secretary determines that the mortgage-- ``(1) is likely to improve the financial situation or otherwise meet the special needs of the elderly veteran homeowner; ``(2) will include appropriate safeguards for the elderly veteran homeowner to offset the special risks associated with the mortgage; and ``(3) has such terms as the Secretary may establish to ensure that it is accepted in the secondary mortgage market. ``(c) Mortgage Eligibility.--A home equity conversion mortgage may be guaranteed under this section if it-- ``(1) is secured by a dwelling, farm residence, one-family residential unit in a condominium housing development or project, or manufactured home permanently affixed to a lot, that is owned and occupied by the eligible elderly veteran homeowner; ``(2) has been executed by an elderly veteran homeowner who-- ``(A) has discussed with a loan counselor approved by the Secretary-- ``(i) options other than a home equity conversion mortgage that are available to the homeowner, including other housing, social service, health, and financial options; ``(ii) other home equity conversion options that are or may become available to the homeowner, such as sale-leaseback financing, deferred payment loans, and property tax deferral; and ``(iii) the financial implications of entering into a home equity conversion mortgage; and ``(iv) any other information that the Secretary may require; ``(B) has received a disclosure that a home equity conversion mortgage may have tax consequences, affect eligibility for assistance under Federal and State programs, and have an impact on the heirs and estate of the homeowner; ``(C) has received the full disclosure described in subsection (e)(1); and ``(D) meets any additional requirements prescribed by the Secretary; ``(3) provides that prepayment, in whole or in part, may be made at any time during the period of the mortgage, without penalty; ``(4) provides for a fixed or variable interest rate or future sharing between the veteran and the covered mortgagee of the appreciation in the value of the property, as agreed upon by the veteran and the mortgagee; ``(5) provides for the satisfaction of the obligation in a manner satisfactory to the Secretary; ``(6) provides that the eligible elderly veteran homeowner is not liable for any difference between the net amount of remaining indebtedness under the mortgage and the amount recovered by the covered mortgagee from the net sales proceeds from the dwelling that is subject to the mortgage (based upon the amount of the accumulated equity selected by the veteran to be subject to the mortgage, as agreed upon by the veteran and the mortgagee); ``(7) contains such terms and provisions with respect to insurance, repairs, alterations, payment of taxes, default reserve, delinquency charges, foreclosure proceedings, anticipation of maturity, additional and secondary liens, and other matters as the Secretary may prescribe; ``(8) provides for future payments to the veteran, based on accumulated equity (minus any applicable fees and charges), that are calculated according one of the following methods chosen by the homeowner: ``(A) payment based upon a line of credit; ``(B) payment on a monthly basis over a term specified by the homeowner; ``(C) payment on a monthly basis over a term specified by the homeowner and based upon a line of credit; ``(D) payment on a monthly basis over the tenure of the homeowner; ``(E) payment on a monthly basis over the tenure of the homeowner and based upon a line of credit; or ``(F) payment on any other basis that the Secretary considers appropriate; ``(9) provides that the homeowner may convert the method of payment chosen under paragraph (8) to any other method under such paragraph during the term of the loan, except that in the case of a fixed-rate home equity conversion mortgage, the Secretary may, by regulation, limit such convertibility; ``(10) contains such restrictions as the Secretary may determine are appropriate to ensure that the homeowner does not fund any unnecessary or excessive costs for obtaining the mortgage, including any costs of estate planning, financial advice, or other related services; and ``(11) satisfies any other requirements prescribed by the Secretary. ``(d) Conditions of Guarantee.--(1) The Secretary shall require the covered mortgagee of a home equity conversion mortgage guaranteed under this section to make available to the elderly veteran homeowner-- ``(A) at the time of the application for the loan in connection with the mortgage, a written list of the names and addresses of third-party information sources who are approved by the Secretary as responsible and able to provide the information required by subsection (e); ``(B) by not later than 10 days before closing on the loan, a statement informing the elderly veteran homeowner of such homeowner's limited liability under the mortgage, as well as the homeowner's rights, obligations, and remedies with respect to temporary absences from the home, late payments, and payment default by the lender, along with any conditions requiring satisfaction of the loan obligation and any other information that the Secretary may require; ``(C) by not later than January 31 of each year, an annual statement summarizing for the preceding calendar year the total principal amount paid to the homeowner under the loan secured by the home equity conversion mortgage, the total amount of deferred interest added to the principal, and the outstanding loan balance at the end of that year; and ``(D) before closing on the loan, a statement of the projected total cost of the mortgage to the veteran homeowner based upon the projected total future loan balance (such cost expressed as a single average annual interest rate for at least two different appreciation rates for the term of the mortgage) for not less than two projected loan terms, as determined by the Secretary, which shall include-- ``(i) the cost for a short-term home equity conversion mortgage; and ``(ii) the cost for a loan term equaling the actuarial life expectancy of the veteran. ``(2) The Secretary may not guarantee a home equity conversion mortgage under this section unless such mortgage provides that the elderly veteran homeowner's responsibility to satisfy the loan obligation is deferred until the homeowners death, the sale of the home, or the occurrence of certain other events specified in regulations by the Secretary. ``(e) Information Provided to Homeowner.--(1) The Secretary shall provide or arrange, before executing on a home equity conversion mortgage under this section, for a third-party to provide to the elderly veteran homeowner under the mortgage a full disclosure that clearly states-- ``(A) all of the costs charged to the homeowner, including the costs of estate planning, financial advice, and other services that are related to the mortgage but are not required to obtain the mortgage; and ``(B) which of the costs under subparagraph (A) are required to obtain the mortgage and which are not required to obtain the mortgage; and ``(2) The Secretary may, in lieu of carrying out paragraph (1), adopt an alternative approach to educating an elderly veteran homeowner, but only if such alternative approach provides to the homeowner all of the information specified such paragraphs. For the purpose of carrying out the preceding sentence, the Secretary shall consult with industry representatives, consumer groups, representatives of counseling organizations, and other interested parties to identify alternative approaches to providing to the elderly veteran homeowner the information required under this subsection that may be feasible and desirable for home equity conversion mortgages guaranteed under this section. ``(f) Limitation on Amount of Benefits.--In no case may the benefit from a guarantee of a mortgage under this section exceed the maximum guarantee amount under section 3703 of this title. ``(g) Additional Authority.--(1) To further the purposes of this section, the Secretary shall take any action necessary-- ``(A) to provide any elderly veteran homeowner with funds to which the homeowner is entitled under a mortgage guaranteed under this section, but that the homeowner has not received because of the default of the party responsible for payment; ``(B) to obtain repayment from any source of any amount provided to a homeowner under subparagraph (A); and ``(C) to provide a covered mortgagee with funds to which the mortgagee is entitled under the terms of a mortgage guaranteed under this section. ``(2) Actions under paragraph (1) may include-- ``(A) disbursing funds to the elderly veteran homeowner or covered mortgagee from the Veterans Housing Benefit Program Fund; ``(B) accepting an assignment of the guaranteed mortgage, notwithstanding that the homeowner is not in default under the terms of the mortgage, and calculating the amount and making the payment of a claim on such assigned mortgage; ``(C) requiring a subordinate mortgage from the homeowner at any time in order to secure repayments of any funds previously advanced or to be advanced to the homeowner; ``(D) requiring a subrogation to the Secretary of the rights of any parties to the transaction against any defaulting parties; and ``(E) imposing premium charges. ``(h) Exemption From Certain Provisions of Law.--Section 137(b) of the Truth in Lending Act (15 U.S.C. 1647(b)) and any implementing regulations issued by the Board of Governors of the Federal Reserve System shall not apply to a mortgage guaranteed under this section. ``(i) Authority To Guarantee Mortgages for Refinancing.--(1) The Secretary may, upon application by a covered mortgagee, guarantee any mortgage given to refinance an existing home equity conversion mortgage guaranteed under this section. ``(2) As a condition of guaranteeing a mortgage under this subsection, the Secretary shall require that the covered mortgagee of a home equity conversion mortgage guaranteed under this subsection provide to the elderly veteran homeowner, within an appropriate period of time and in a manner, a good faith estimate of-- ``(A) the total cost of the refinancing; and ``(B) the increase in the homeowner's principal limit as measured by the estimated initial principal limit on the mortgage to be guaranteed under this subsection, less the current principal limit on the home equity conversion mortgage that is being refinanced and guaranteed under this subsection. ``(3) The amount of the loan fee for a mortgage refinanced under this subsection shall be determined by the Secretary under section 3729 of this title. ``(4) In the case of an elderly veteran homeowner who applies for refinancing under this subsection, the Secretary may waive the requirement that the homeowner receive information under subsection (e), but only if-- ``(A) the increase in the principal limit exceeds the amount of the total cost of refinancing by an amount to be determined by the Secretary; and ``(B) the time between the closing of the original home equity conversion mortgage being refinanced through the mortgage guaranteed under this subsection and the application for a refinancing mortgage guaranteed under this subsection does not exceed five years. ``(j) Origination Fee.--The Secretary may establish a limit on the origination fee that may be charged to an elderly veteran homeowner for a mortgage guaranteed under this section, except that such limitation shall provide that the origination fee may be fully financed with the mortgage and shall include any fees paid to correspondent mortgagees approved by the Secretary. ``(k) Fee Waiver.--(1) Notwithstanding section 3729 of this title, in the case of a mortgage guaranteed under this section for which the total amount (except as provided under paragraph (2)) of all future payments described in subsection (l)(4)(B) are to be used only to fund the cost of a qualified long-term care insurance contract that covers the elderly veteran homeowner or a member of the homeowner's household residing in the property subject to the mortgage, the Secretary may not charge or collect the loan fee otherwise required under subparagraph (a) of such section. ``(2) A mortgage described in paragraph (1) may provide for financing of any amount used to satisfy outstanding mortgage obligations (in accordance with such limitations as the Secretary shall prescribe) and any amount used for initial service charges, appraisal, inspection, and other fees (as approved by the Secretary) in connection with such mortgage, and the amount of future payments shall be reduced accordingly. ``(3) For purposes of this subsection, the term `qualified long- term care insurance contract' has the meaning given such term in section 7702B of the Internal Revenue Code of 1986 (26 U.S.C. 7702B), except that such contract shall also meet the requirements of-- ``(A) sections 9 (relating to disclosure), 24 (relating to suitability), and 26 (relating to contingent nonforfeiture) of the long-term care insurance model regulation promulgated by the National Association of Insurance Commissioners (as adopted as of September 2000); and ``(B) section 8 (relating to contingent nonforfeiture) of the long-term care insurance model Act promulgated by the National Association of Insurance Commissioners (as adopted as of September 2000). ``(l) Definitions.--For the purposes this section: ``(1) The term `elderly veteran homeowner' means any homeowner who is, or whose spouse is, a veteran who is eligible for housing loan benefits under this title and who is at least 62 years of age or such higher age as the Secretary may prescribe. ``(2) The term `mortgage' means a first mortgage or first lien-- ``(A) on real estate, in fee simple; ``(B) on all stock allocated to a dwelling in a residential cooperative housing corporation; or ``(C) on a leasehold that is-- ``(i) under a lease for not less than 99 years that is renewable; or ``(ii) under a lease having a period of not less than 10 years to run beyond the maturity date of the mortgage. ``(3) The term `first mortgage' means a first lien that is given to secure an advance on, or the unpaid purchase price of, real estate or all stock allocated to a dwelling unit in a residential cooperative housing corporation, under the laws of the State in which the real estate or dwelling unit is located, together with any credit instruments secured for such purpose. ``(4) The term `home equity conversion mortgage' means a housing loan, as defined in section 3701 of this chapter that-- ``(A) is secured by a first mortgage; ``(B) provides for future payments to the homeowner based on accumulated equity; and ``(C) is made by-- ``(i) a Federal land bank, National bank, State bank, private bank, building and loan association, insurance company, credit union, or mortgage and loan company, that is subject to examination and supervision by an agency of the United States or of any State; or ``(ii) a State; or ``(iii) a lender or mortgage broker approved by the Secretary pursuant to standards established by the Secretary.''. (b) Conforming Amendment.--Section 3701(a) of such title is amended by striking ``sections 3710(a) and 3712(a)(1)'' and inserting ``sections 3710(a), 3712(a)(1), and 3715''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the items relating to subchapter II the following new item: ``3715. Guarantee of home equity conversion mortgages for elderly veteran homeowners.''.

Veteran Home Equity Conversation [sic] Mortgage Act of 2007 - Authorizes the Secretary of Veterans Affairs to guarantee any home equity conversion mortgage (mortgage) made to an elderly (62 or older) veteran homeowner, as long as the Secretary determines that the mortgage: (1) is likely to improve the financial situation or otherwise meet the special needs of the homeowner; (2) will include safeguards to offset special risks associated with such a mortgage; and (3) has appropriate terms to ensure its acceptance in the secondary mortgage market. Allows such mortgage to be guaranteed only if it is secured by a dwelling, farm residence, or manufactured home permanently affixed to a lot that is owned and occupied by the elderly veteran homeowner. Authorizes the Secretary to: (1) guarantee any mortgage given to refinance an existing home equity conversion mortgage guaranteed by the Secretary; (2) establish a mortgage guarantee fee; and (3) waive the mortgage guarantee fee in certain circumstances.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to guarantee home equity conversion mortgages for elderly veteran homeowners.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cavernous Angioma CARE Center Act of 2010''. SEC. 2. FINDINGS. Congress finds as follows: (1) Cavernous angioma, also termed ``cerebral cavernous malformations'' or ``CCM'', affects an estimated 1,500,000 people in the United States. (2) Cavernous angioma is a devastating blood vessel disease that is characterized by the presence of vascular lesions that develop and grow within the brain and spinal cord. (3) Detection of cavernous angioma lesions is achieved though costly and specialized medical imaging techniques. (4) Cavernous angioma is a common type of vascular anomaly, but individuals may not be aware that they have the disease until the onset of serious clinical symptoms. (5) Individuals diagnosed with cavernous angioma may experience neurological deficits, seizure, stroke, or sudden death. (6) Due to limited research with respect to cavernous angioma, there is no treatment regimen for the disease other than brain and spinal surgery. (7) Some individuals with cavernous angioma are not candidates for brain surgery, and no treatment option is available for such individuals. (8) There is a shortage of physicians who are familiar with cavernous angioma and affected individuals may find it difficult to receive timely diagnosis and appropriate care. (9) Due to the presence of a specific disease-causing mutation, termed the ``common Hispanic mutation'' that has passed through as many as 17 generations of Americans descended from the original Spanish settlers of the Southwest in the 1590s, New Mexico has the highest population density of cavernous angioma in the world. Cavernous angioma affects tens of thousands of individuals in New Mexico. (10) Other States with high rates of cavernous angioma include Texas, Arizona, and Colorado. (11) Senate Resolution 148, 111th Congress, agreed to May 13, 2009, which was adopted unanimously, expresses the sense of the Senate that there is a critical need to increase research, awareness, and education about cerebral cavernous malformations. (12) The National Institutes of Health promotes advances in biomedical research by supporting extramural research at institutes of higher education, in part through extramural centers of excellence. These centers promote research through a multidisciplinary, team-based approach in order to better understand complex biomedical systems and translate basic scientific discoveries into useful clinical applications. (13) To address the public health threat posed by cavernous angioma in New Mexico and throughout the United States, there is a need for a Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center in order to provide a model medical system for other such centers, to facilitate medical research to develop a cure for cavernous angioma, and to enhance the medical care of individuals with cavernous angioma nationwide. (14) Given the existing programs and expertise at the University of New Mexico, the first coordinated, centralized Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center should be established at the University of New Mexico. SEC. 3. CAVERNOUS ANGIOMA CARE CENTER. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. CAVERNOUS ANGIOMA CARE CENTERS OF EXCELLENCE. ``(a) Establishment of New Mexico Cavernous Angioma CARE Center of Excellence.--The Director of NIH shall establish a coordinated, centralized Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center of Excellence at the University of New Mexico (referred to in this section as the `CARE Center') to provide basic, translational, and clinical research with respect to new diagnostic, prevention, and novel treatment methodology for individuals with cavernous angioma, and to serve as a model for medical schools and research institutions and to provide support to such schools and institutions. ``(b) Requirements.--The CARE Center established under subsection (a) shall-- ``(1) consist of full- and part-time cavernous angioma researchers, clinicians, and medical staff including-- ``(A) a medical director with expertise in cavernous angioma research and clinical care; ``(B) a headache or pain specialist; ``(C) an epilepsy specialist; ``(D) a psychiatrist; ``(E) a neuropsychologist; ``(F) a dermatologist; ``(G) a nurse practitioner with a specialty in neurology or neurosurgery; ``(H) a nurse coordinator to facilitate patient advocacy and research; ``(I) a research coordinator to facilitate research; ``(J) a clinical nurse dedicated to clinical care and in-patient management; ``(K) a radiology specialist; ``(L) a clinical vascular fellow; ``(M) a basic science postdoctoral fellow; and ``(N) a genetic counselor; ``(2) be affiliated with a university medical center with an accredited medical school that provides education and training in neurological disease, in which medical students and residents receive education and training in the diagnosis and treatment of cavernous angioma; ``(3) maintain a program through which postdoctoral fellows receive research training in basic, translational, or clinical cavernous angioma research; ``(4) recruit new innovative researchers and clinicians to the field of cavernous angioma care and research; ``(5) establish a continuing medical education program through which medical clinicians receive professional training in cavernous angioma care and patient management; ``(6) maintain programs dedicated to patient advocacy, patient outreach, and education, including-- ``(A) launching a multimedia public awareness campaign; ``(B) creating and distributing patient education materials for distribution by national physician and surgeon offices; ``(C) establishing an education program for elementary and secondary school nurses to facilitate early detection and diagnosis of cavernous angioma; ``(D) coordinating regular patient and family- oriented educational conferences; and ``(E) developing electronic health teaching and communication tools and a network of professional capacity and patient and family support; ``(7) be capable of establishing and maintaining communication with other major cavernous angioma research and care institutions for information sharing and coordination of research activities; ``(8) facilitate translational projects and collaborations for clinical trials; and ``(9) establish an advisory board to advise and assist the Director of the CARE Center composed of-- ``(A) at least 1 individual with cavernous angioma or family member of such an individual; ``(B) at least 1 representative of a patient advocacy group; ``(C) at least 1 physician and at least 1 scientist with expertise in cavernous angioma and other relevant biomedical disciplines; and ``(D) at least 1 representative of the institution affiliated with the CARE Center. ``(c) Director of CARE Center.-- ``(1) In general.--The CARE Center shall be headed by a Director, who shall have expertise in cavernous angioma patient care and research. ``(2) Duties of the director.--To promote increased understanding and treatment of cavernous angioma and provide the highest quality medical and surgical care for individuals with cavernous angioma, the Director of the CARE Center shall-- ``(A) ensure that the CARE Center provides community-, family-, and patient-centered, culturally sensitive care; ``(B) encourage and coordinate opportunities for individuals to participate in clinical research studies that will advance medical research and care; and ``(C) develop the CARE Center as a model and training facility for other facilities throughout the United States that are engaged in research regarding, and care for individuals with, cavernous angioma. ``(d) Reporting.-- ``(1) In general.--Not later than 2 years after the date of enactment of the Cavernous Angioma CARE Center Act of 2010, and biannually thereafter, the advisory board established under subsection (b)(9) shall submit a report on the activities of the CARE Center to the Secretary. ``(2) Content.--The report described in paragraph (1) shall include-- ``(A) a description of the progress made in implementing the requirements of this section; ``(B) a description of the amount expended on the implementation of such requirements; and ``(C) a description of other activities and outcomes of the CARE Center, as appropriate. ``(e) Authorization of Appropriations.--To establish and operate the Care Center, there is authorized to be appropriated $2,000,000 for fiscal year 2011.''.

Cavernous Angioma CARE Center Act of 2010 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to establish the Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center of Excellence at the University of New Mexico to: (1) provide basic, translational, and clinical research with respect to new diagnostic, prevention, and novel treatment methodology for individuals with cavernous angioma; and (2) serve as a model for, and provide support to, medical schools and research institutions. Requires the Director of the Center to: (1) ensure that the Center provides community-, family-, and patient-centered culturally sensitive care; (2) encourage and coordinate opportunities for individuals to participate in clinical research studies that will advance medical research and care; and (3) develop the Center as a model and training facility for other facilities throughout the United States that are engaged in research regarding, and care for individuals with, cavernous angioma.

A bill to establish the Cavernous Angioma CARE Center (Clinical Care, Advocacy, Research and Education) at the University of New Mexico, and for other purposes.

SECTION 1. RESTORATION OF INVESTMENT CREDIT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) the general investment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) General Investment Credit.-- ``(1) In general.--For purposes of section 46, the general investment credit for any taxable year is an amount equal to 10 percent of the qualified investment for such taxable year. ``(2) Qualified investment.-- ``(A) In general.--For purposes of paragraph (1), the qualified investment for any taxable year is the aggregate of-- ``(i) the applicable percentage of the basis of each new section 38 property placed in service by the taxpayer during such taxable year, plus ``(ii) the applicable percentage of the cost of each used section 38 property placed in service by the taxpayer during such taxable year. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any property shall be determined under paragraphs (2) and (7) of section 46(c) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). ``(C) Certain rules made applicable.--The provisions of subsections (b) and (c) of section 48 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this part. ``(3) Section 38 property.--For purposes of this subsection, the term `section 38 property' means-- ``(A) tangible personal property (other than an air conditioning or heating unit), or ``(B) other tangible property (not including a building and its structural components) but only if such property-- ``(i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or ``(ii) constitutes a research facility used in connection with any of the activities referred to in clause (i), or ``(iii) constitutes a facility used in connection with any of the activities referred to in clause (i) for the bulk storage of fungible commodities (including commodities in a liquid or gaseous state), or ``(C) elevators and escalators, but only if-- ``(i) the construction, reconstruction, or erection of the elevator or escalator is completed by the taxpayer, or ``(ii) the original use of such elevator or escalator commences with the taxpayer, or ``(D) single purpose agricultural or horticultural structures; or ``(E) a storage facility (not including a building and its structural components) used in connection with the distribution of petroleum or any primary product of petroleum. Such term includes only property to which section 168 applies without regard to any useful life and any other property with respect to which depreciation (or amortization in lieu of depreciation) is allowable and having a useful life (determined as of the time such property is placed in service) of 3 years or more. ``(4) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(5) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsection (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection.'' (c) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the basis of any new section 38 property and the cost of any used section 38 property.'' (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(5)'' before the period at the end. (3) Paragraph (5) of section 50(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(D) Special rules for certain property.--In the case of any section 38 property which is 3-year property (within the meaning of section 168(e))-- ``(i) the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, ``(ii) the percentage set forth in clause (iii) of such table shall be 33 percent, and ``(iii) clauses (iv) and (v) of such table shall not apply.'' (4)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (d) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act under rules similar to the rules of section 48(m) of such Code (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Amends the Internal Revenue Code to reinstate the ten-percent investment tax credit for property used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, and sewage disposal services.

To amend the Internal Revenue Code of 1986 to restore the 10 percent investment credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Criminal Disarmament Act of 2013''. SEC. 2. GRANT PROGRAM REGARDING FIREARMS. Section 506(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756(b)) is amended-- (1) by striking ``1 or more States or units of local government, for 1 or more of the purposes specified in section 501, pursuant to his determination that the same is necessary''; (2) by inserting before paragraph (1) the following: ``(1) 1 or more States or units of local government, for 1 or more of the purposes specified in section 501, pursuant to his determination that the same is necessary--''; (3) by redesignating paragraph (1) as subparagraph (A); (4) in paragraph (2)-- (A) by striking the period at the end and inserting ``; or''; and (B) by redesignating paragraph (2) as subparagraph (B); and (5) by adding at the end the following: ``(2) 1 or more States, if that State has demonstrated, in the determination of the Attorney General, that the State has adopted policies, procedures, protocols, laws or regulations pertaining to the possession or transfer of firearms or ammunition that-- ``(A) impose restrictions and penalties substantially similar to or more comprehensive than those in paragraphs (8) and (9) of subsection (d) and paragraphs (8) and (9) of subsection (g) of section 922 of title 18, United States Code; ``(B) require that State and local courts-- ``(i) consider whether an individual being prosecuted for a crime for which the restrictions described in paragraph (1) apply possesses firearms that-- ``(I) have been or are likely to be used to threaten, harass, menace, or harm the victim or the victim's child; or ``(II) may otherwise pose a danger to the victim and the victim's child; ``(ii) consider whether an individual who is subject to any other protection order as defined by section 2266(s) of title 18, United States Code, or who is subject to any other protection order for which the restrictions described in paragraph (1) do not ordinarily apply possesses firearms that-- ``(I) have been or are likely to be used to threaten, harass, menace, or harm the victim; or ``(II) may otherwise pose a danger to the victims; and ``(iii) order the seizure or surrender of firearms and ammunition from individuals subject to the restrictions described in paragraph (1) or any of the findings specified in clause (i) or (ii) of subparagraph (A) or clause (i) or (ii) of subparagraph (B); ``(C) are designed to ensure that State or local law enforcement execute the seizure or surrender of firearms and ammunition authorized in paragraph (2)(C) when a person subject to a protection order or a person being prosecuted for or convicted of a crime for which the restrictions described in paragraph (1) apply is reported to possess firearms and the firearms are obtained or possessed illegally; ``(D) provide for the seizure or surrender of firearms and ammunition described in paragraph (2)(C) and return of such firearms and ammunition in a manner that protects the safety of persons victimized by individuals who are subject to protection orders or charged or convicted of a crime for which the restrictions described in paragraph (1) apply; and ``(E) give State and local law enforcement the authority, to the extent allowable under Federal laws and the United States Constitution, to seize firearms or ammunition when responding to domestic violence situations where there is probable cause to believe such firearms and ammunition are contraband, illegally in the possession of the offender, have been or are likely to be used to threaten, harass, menace, or harm the victim, or may otherwise pose a danger to the victim.''.

Domestic Violence Criminal Disarmament Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to reserve not more than 5% of Edward Byrne Memorial Justice Assistance Grant Program funds for one or more states that have demonstrated that such a state has adopted policies, procedures, protocols, laws or regulations pertaining to the possession or transfer of firearms or ammunition that: impose restrictions and penalties substantially similar to or more comprehensive than those under federal criminal code provisions prohibiting the sale or other disposition of a firearm or ammunition to a person who has been convicted of domestic violence or who is subject to a protective order with respect to an intimate partner; require state and local courts to: (1) consider whether such person possesses firearms that have been or are likely to be used to threaten, harass, menace, or harm the victim or the victim's child or may otherwise pose a danger to the victim; and (2) order the seizure or surrender of firearms and ammunition from such person; are designed to ensure that state or local law enforcement execute the seizure or surrender of authorized firearms and ammunition when such person is reported to possess firearms that are obtained or possessed illegally; provide for the seizure or surrender of authorized firearms and ammunition and the return of such firearms and ammunition in a manner that protects the safety of victims of such persons; and give state and local law enforcement the authority, to the extent allowable under federal laws and the U.S. Constitution, to seize firearms or ammunition when responding to domestic violence situations where there is probable cause to believe such firearms and ammunition are contraband, illegally in the possession of the offender, have been or are likely to be used to threaten, harass, menace, or harm the victim, or may otherwise pose a danger to the victim.

Domestic Violence Criminal Disarmament Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cross-Border Trade Enhancement Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator; administration.--The terms ``Administrator'' and ``Administration'' mean the Administrator of General Services and the General Services Administration, respectively. (2) Person.--The term ``person'' means-- (A) an individual; or (B) a corporation, partnership, trust, association, or any other public or private entity, including a State or local government. (3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS FOR THE PROVISION OF CERTAIN SERVICES AT LAND BORDER PORTS OF ENTRY. (a) Authority To Enter Into Agreements.-- (1) In general.--Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the Secretary may, during the 10- year period beginning on the date of the enactment of this Act and upon the request of any person, enter into an agreement with that person under which-- (A) U.S. Customs and Border Protection will provide services described in paragraph (2) at a land border port of entry; and (B) that person will pay a fee imposed under subsection (b) to reimburse U.S. Customs and Border Protection for the costs incurred in providing such services. (2) Services described.--Services described in this paragraph are any services related to customs and immigration matters provided by an employee or contractor of U.S. Customs and Border Protection at land border ports of entry. (b) Fee.-- (1) In general.--The Secretary shall impose a fee on a person requesting the provision of services by U.S. Customs and Border Protection pursuant to an agreement entered into under subsection (a) to reimburse U.S. Customs and Border Protection for the costs of providing such services, including-- (A) the salaries and expenses of the employees or contractors of U.S. Customs and Border Protection that provide such services and temporary placement or relocation costs for those employees or contractors; and (B) any other costs incurred by U.S. Customs and Border Protection in providing services pursuant to agreements entered into under subsection (a). (2) Failure to pay fee.--U.S. Customs and Border Protection shall terminate the provision of services pursuant to an agreement entered into under subsection (a) with a person that, after receiving notice from the Secretary that a fee imposed under paragraph (1) is due, fails to pay the fee in a timely manner. (3) Receipts credited as offsetting collections.-- Notwithstanding section 3302 of title 31, United States Code, a fee collected under paragraph (1) pursuant to an agreement entered into under subsection (a) shall-- (A) be credited as an offsetting collection to the account that finances the salaries and expenses of U.S. Customs and Border Protection; (B) be available for expenditure only to pay the costs of providing services pursuant to that agreement; and (C) remain available until expended without fiscal year limitation. SEC. 4. EVALUATION OF ALTERNATIVE FINANCING ARRANGEMENTS FOR CONSTRUCTION AND MAINTENANCE OF INFRASTRUCTURE AT LAND BORDER PORTS OF ENTRY. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall establish procedures for evaluating a proposal submitted by any person to-- (1) enter into a cost-sharing or reimbursement agreement with the Administration to facilitate the construction or maintenance of a facility or other infrastructure at a land border port of entry; or (2) provide to the Administration an unconditional gift of property pursuant to section 3175 of title 40, United States Code, to be used in the construction or maintenance of a facility or other infrastructure at a land border port of entry. (b) Requirements.--The procedures established under subsection (a) shall provide, at a minimum, for the following: (1) Not later than 90 days after receiving a proposal pursuant to subsection (a) with respect to the construction or maintenance of a facility or other infrastructure at a land border port of entry, the Administrator shall-- (A) make a determination with respect to whether or not to approve the proposal; and (B) notify the person that submitted the proposal of-- (i) the determination; and (ii) if the Administrator did not approve the proposal, the reasons for the determination. (2) In determining whether or not to approve such a proposal, the Administrator shall consider-- (A) the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border; (B) the potential of the proposal to increase trade and travel efficiency through added capacity; and (C) the potential of the proposal to enhance the security of the port of entry.

Cross-Border Trade Enhancement Act of 2012 - Authorizes the Secretary of Homeland Security (DHS) to enter into agreements with persons for the U.S. Customs and Border Protection (CBP) to provide customs and immigration services at a land border port of entry, subject to payment of a fee to reimburse the CBP for providing such services. Directs the Administrator of General Services to establish procedures for evaluating proposals submitted by persons to: (1) enter into cost-sharing or reimbursement agreements with the General Services Administration (GSA) for the construction or maintenance of infrastructure at a land border port of entry, and (2) provide GSA an unconditional gift of property for use in the construction or maintenance of such infrastructure. Prescribes minimum requirements for such procedures.

To provide for alternative financing arrangements for the provision of certain services and the construction and maintenance of infrastructure at land border ports of entry, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Production Act Reauthorization of 2003''. SEC. 2. REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF 1950. (a) In General.--The 1st sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended-- (1) by striking ``sections 708'' and inserting ``sections 707, 708,''; and (2) by striking ``September 30, 2003'' and inserting ``September 30, 2004''. (b) Authorization of Appropriations.--Section 711(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by striking ``through 2003'' and inserting ``through 2004''. SEC. 3. RESOURCE SHORTFALL FOR RADIATION-HARDENED ELECTRONICS. (a) In General.--Notwithstanding the limitation contained in section 303(a)(6)(C) of the Defense Production Act of 1950 (50 U.S.C. App. 2093(a)(6)(C)), the President may take actions under section 303 of the Defense Production Act of 1950 to correct the industrial resource shortfall for radiation-hardened electronics, to the extent that such Presidential actions do not cause the aggregate outstanding amount of all such actions to exceed $200,000,000. (b) Report by the Secretary.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing-- (1) the current state of the domestic industrial base for radiation-hardened electronics; (2) the projected requirements of the Department of Defense for radiation-hardened electronics; (3) the intentions of the Department of Defense for the industrial base for radiation-hardened electronics; and (4) the plans of the Department of Defense for use of providers of radiation-hardened electronics beyond the providers with which the Department had entered into contractual arrangements under the authority of the Defense Production Act of 1950, as of the date of the enactment of this Act. SEC. 4. CLARIFICATION OF PRESIDENTIAL AUTHORITY. Subsection (a) of section 705 of the Defense Production Act of 1950 (50 U.S.C. App. 2155(a)) is amended by inserting after the end of the 1st sentence the following new sentence: ``The authority of the President under this section includes the authority to obtain information in order to perform industry studies assessing the capabilities of the United States industrial base to support the national defense.''. SEC. 5. CRITICAL INFRASTRUCTURE PROTECTION AND RESTORATION. Section 702 of the Defense Production Act of 1950 (50 U.S.C. App. 2152) is amended-- (1) by redesignating paragraphs (3) through (17) as paragraphs (4) through (18), respectively; (2) by inserting after paragraph (2) the following new paragraph: ``(3) Critical infrastructure.--The term `critical infrastructure' means any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety.''; and (3) in paragraph (14) (as so redesignated by paragraph (1) of this section), by inserting ``and critical infrastructure protection and restoration'' before the period at the end of the last sentence. SEC. 6. REPORT ON CONTRACTING WITH MINORITY- AND WOMEN-OWNED BUSINESSES. (a) Report Required.--Before the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the extent to which contracts entered into during the fiscal year ending before the end of such 1-year period under the Defense Production Act of 1950 have been contracts with minority- and women-owned businesses. (b) Contents of Report.--The report submitted under subsection (a) shall include the following: (1) The types of goods and services obtained under contracts with minority- and women-owned businesses under the Defense Production Act of 1950 in the fiscal year covered in the report. (2) The dollar amounts of such contracts. (3) The ethnicity of the majority owners of such minority- and women-owned businesses. (4) A description of the types of barriers in the contracting process, such as requirements for security clearances, that limit contracting opportunities for minority- and women-owned businesses, together with such recommendations for legislative or administrative action as the Secretary of Defense may determine to be appropriate for increasing opportunities for contracting with minority- and women-owned businesses and removing barriers to such increased participation. (c) Definitions.--For purposes of this section, the terms ``women- owned business'' and ``minority-owned business'' have the meanings given such terms in section 21A(r) of the Federal Home Loan Bank Act, and the term ``minority'' has the meaning given such term in section 1204(c)(3) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. SEC. 7. COMMERCE RESPONSIBILITIES REGARDING CONSULTATION WITH FOREIGN NATIONS. (a) Offsets in Defense Procurements.--Section 123(c) of the Defense Production Act Amendments of 1992 (50 U.S.C. App. 2099 note) is amended to read as follows: ``(c) Negotiations.-- ``(1) Interagency team.--It is the policy of Congress that the President shall designate the Secretary of Commerce to lead, in coordination with the Secretary of State, an interagency team to negotiate with foreign nations the elimination of offset arrangements, industrial participation, or similar arrangements in defense procurement. The President shall transmit an annual report on the results of these negotiations to the Congress as part of the report required under section 309(a) of the Defense Production Act of 1950. ``(2) Recommendations for modifications.--Pending the elimination of the arrangements described in paragraph (1), the interagency team shall submit to the Secretary of Defense any recommendations for modifications of a memorandum of understanding entered into under section 2531 of title 10, United States Code, or a related agreement that the team considers to be an appropriate response to a contractual offset, industrial participation, or similar arrangement that is entered into under the policy to which section 2532 of such title applies. ``(3) Notification to ustr regarding offsets.--If the interagency team determines that a foreign country is pursuing a policy on contractual offset arrangements, industrial participation arrangements, or similar arrangements in connection with the purchase of defense equipment or supplies that requires compensation for the purchase in the form of nondefense or dual-use equipment or supplies in a value greater than the defense equipment or supplies, the team shall notify the United States Trade Representative of that determination. Upon receipt of the notification, the United States Trade Representative shall treat the policy and each such arrangement as an act, policy, or practice by the foreign country that is unjustifiable and burdens or restricts United States commerce for purposes of section 304(a)(1) of the Trade Act of 1974 (19 U.S.C. 2414(a)(1)), and shall take appropriate action under title III of such Act with respect to such country.''. (b) Report on Effects of Foreign Contracts on Domestic Contractors.--Section 309(d)(1) of the Defense Production Act of 1950 (50 U.S.C. App. 2099(d)(1)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; and (2) in subparagraph (E), by striking the period at the end and inserting the following: ``; and ``(F) a compilation of data delineating-- ``(i) the impact of foreign contracts that have been awarded through offsets, industrial participation agreements, or similar arrangements, on domestic prime contractors, and at least the first three tiers of subcontractors; and ``(ii) details of contracts with foreign 1st, 2nd, and 3rd tier subcontractors awarded through offsets, industrial participation agreements, or similar arrangements.''.

Defense Production Act Reauthorization of 2003 - Amends the Defense Production Act of 1950 to extend its expiration date and authorization of appropriations through FY 2004. Authorizes the President, under such Act, to: (1) correct the industrial shortfall for radiation-hardened electronics to the extent that such action does not cause the aggregate outstanding amount of all such actions to exceed $200 million; and (2) obtain information in order to perform industry studies assessing capabilities of the U.S. industrial base to support the national defense. Defines "critical infrastructure." Directs the Secretary of Defense to report to the House Financial Services Committee on the extent to which contracts entered into under such Act during the one-year period after the enactment of this Act have been contracts with minority- and women-owned businesses. States as the policy of Congress that the President shall designate the Secretary of Commerce to lead an interagency team to: (1) negotiate with foreign nations the elimination of offset arrangements, industrial participation, or similar arrangements in defense procurement; (2) make recommendations for modifications of memoranda of understanding with respect to such arrangements, pending their termination; and (3) notify the United States Trade Representative if a foreign country pursues a policy of offset or similar arrangements in connection with the purchase of defense equipment or supplies.

A bill to reauthorize the Defense Production Act of 1950, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Modernization Act of 2008''. SEC. 2. STANDARD DEDUCTION FOR BUSINESS USE OF HOME. (a) In General.--Subsection (c) of section 280A of the Internal Revenue Code of 1986 (relating to disallowance of certain expenses in connection with business use of home, rental of vacation homes, etc.) is amended by adding at the end the following new paragraph: ``(7) Standard home office deduction.-- ``(A) In general.--In the case of an individual who is allowed a deduction for the use of a home office because of a use described in paragraphs (1), (2), or (4) of this subsection, notwithstanding the limitations of paragraph (5), if such individual elects the application of this paragraph for the taxable year, such individual shall be allowed a deduction equal to the standard home office deduction for the taxable year in lieu of the deductions otherwise allowable under this chapter for such taxable year by reason of being attributed to such use. ``(B) Standard home office deduction.--For purposes of this paragraph, the standard home office deduction is the lesser of-- ``(i) $2,000, or ``(ii) the gross income derived from the individual's trade or business for which such use occurs. ``(C) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2008, the dollar amount in subparagraph (B)(i) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2007' for `1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. DE MINIMIS EXCEPTION TO EXCLUSIVE USE REQUIREMENT. (a) In General.--Subsection (c) of section 280A of the Internal Revenue Code of 1986 (relating to disallowance of certain expenses in connection with business use of home, rental of vacation homes, etc.) is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (4) the following new paragraph: ``(5) De minimis nonbusiness use.--In applying paragraph (1), personal use shall not be taken into account if such use is so small as to make accounting for it unreasonable or administratively impracticable.''. (b) Conforming Amendment.--Subparagraph (A) of section 280A(d)(4) of such Code is amended by striking ``subsection (c)(5)'' and inserting ``subsection (c)(6)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. REMOVAL OF CELLULAR TELEPHONES AND SIMILAR TELECOMMUNICATIONS EQUIPMENT FROM LISTED PROPERTY. (a) In General.--Subparagraph (A) of section 280F(d)(4) of the Internal Revenue Code of 1986 (defining listed property) is amended by adding ``and'' at the end of clause (iv), by striking clause (v), and by redesignating clause (vi) as clause (v). (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2007. SEC. 5. NONRESIDENT ALIENS PERMITTED TO BE S CORPORATION SHAREHOLDERS. (a) In General.--Paragraph (1) of section 1361(b) of the Internal Revenue Code of 1986 (defining an S corporation) is amended by adding ``and'' at the end of subparagraph (B), by striking subparagraph (C), and by redesignating subparagraph (D) as subparagraph (C). (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. INCREASED DEDUCTION OF BUSINESS MEALS AND ENTERTAINMENT EXPENSES FOR QUALIFIED SMALL BUSINESSES. (a) In General.--Subsection (n) of section 274 of the Internal Revenue Code of 1986 (relating to only 50 percent of meal and entertainment expenses allowed as deduction) is amended by adding at the end the following new paragraph: ``(4) Special rule for small businesses.-- ``(A) In general.--In the case of a qualified small business, paragraph (1) shall be applied-- ``(i) by substituting `75 percent' for `50 percent' in the case of taxable years beginning in 2008, and ``(ii) by substituting `80 percent' for `50 percent' in the case of taxable years beginning after 2008. ``(B) Qualified small business.--For purposes of subparagraph (A), the term `qualified small business' means, with respect to any taxable year-- ``(i) any corporation or partnership which meets the gross receipts test of section 448(c) for the preceding taxable year, and ``(ii) any sole proprietorship which would meet such test if such proprietorship were a corporation.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 7. RECOVERY PERIOD FOR DEPRECIATION OF CERTAIN SYSTEMS INSTALLED IN NONRESIDENTIAL AND RESIDENTIAL RENTAL BUILDINGS. (a) 20-Year Recovery Period for Highly Efficient HVAC&R Equipment.--Subparagraph (F) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 20-year property) is amended to read as follows: ``(F) 20-year property.--The term `20-year property' means-- ``(i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and ``(ii) any property-- ``(I) which is part of a heating, ventilation, air conditioning, or commercial refrigeration system, ``(II) which exceeds by at least 10 percent the applicable minimum performance standard for such system or component under the National Appliance Energy Conservation Act of 1987, the Energy Policy Act of 2005, or the American Society of Heating, Refrigerating and Air-conditioning Engineers Standard 90.1, ``(III) which is installed on or in a building which is nonresidential real property or residential rental property, ``(IV) the original use of which commences with the taxpayer (the owner or lessor in the case of residential rental property), and ``(V) which is placed in service before January 1, 2012.''. (b) 25-Year Recovery Period for Certain Other HVAC&R Equipment.-- Section 168(e)(3) of such Code is amended by inserting after subparagraph (F) the following new subparagraph: ``(G) 25-year property.--The term `25-year property' means any property-- ``(i) which is part of a heating, ventilation, air conditioning, or commercial refrigeration system, ``(ii) which is not described in subparagraph (F), ``(iii) which is installed on or in a building which is nonresidential real property or residential rental property, ``(iv) the original use of which commences with the taxpayer (the owner or lessor in the case of residential rental property), and ``(v) which is placed in service before January 1, 2012.''. (c) Conforming Amendments.-- (1) The table contained in section 168(c) of such Code is amended by inserting after the item relating to 20-year property the following new item: ``25-year property........................... 25 years''. (2) The table contained in section 467(e)(3)(A) of such Code is amended by inserting after the item relating to residential rental property and nonresidential real property the following new item: ``25-year property........................... 25 years''. (d) Requirement To Use Straight Line Method.--Paragraph (3) of section 168(b) of such Code (relating to property to which straight line method applies) is amended by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) Property described in subsection (e)(3)(F)(ii) and subsection (e)(3)(G).''. (e) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by striking the item relating to subparagraph (F) and inserting the following new items: ``(F)(i)..................................... 25 (F)(ii)...................................... 20 (G).......................................... 25''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2007.

Small Business Tax Modernization Act of 2008 - Amends Internal Revenue Code provisions affecting small business taxpayers to: (1) allow an alternative standard tax deduction for the business use of a personal residence and establish a de minimis standard for determining personal use; (2) repeal restrictions on the depreciation deduction for cellular telephones and similar telecommunications equipment; (3) allow nonresident aliens to be S corporation shareholders; (4) increase the limit on the tax deduction for business meals and entertainment expenses; and (5) allow accelerated depreciation for energy-efficient heating, ventilation, air conditioning, or commercial refrigeration systems installed in nonresidential and residential rental buildings before January 1, 2012.

To amend the Internal Revenue Code of 1986 to simplify the deduction for business use of the home and to make other changes affecting small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as ``Amy Boyer's Law''. SEC. 2. PROTECTING PRIVACY BY PROHIBITING DISPLAY OF THE SOCIAL SECURITY NUMBER TO THE GENERAL PUBLIC FOR COMMERCIAL PURPOSES WITHOUT CONSENT. (a) In General.--Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following: ``prohibition of certain misuses of the social security number ``Sec. 1150A. (a) Limitation on Display.--Except as otherwise provided in this section, no person may display to the public any individual's social security number, or any identifiable derivative of such number, without the affirmatively expressed consent, electronically or in writing, of such individual. ``(b) Prohibition of Wrongful Use as Personal Identification Number.--No person may obtain any individual's social security number, or any identifiable derivative of such number, for purposes of locating or identifying an individual with the intent to physically injure, harm, or use the identity of the individual for illegal purposes. ``(c) Prerequisites for Consent.--In order for consent to exist under subsection (a), the person displaying, or seeking to display, an individual's social security number, or any identifiable derivative of such number, shall-- ``(1) inform the individual of the general purposes for which the number will be utilized and the types of persons to whom the number may be available; and ``(2) obtain affirmatively expressed consent electronically or in writing. ``(d) Exceptions.--Nothing in this section shall be construed to-- ``(1) prohibit any use of social security numbers permitted or required under section 205(c)(2), section 7(a)(2) of the Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), or section 6109(d) of the Internal Revenue Code of 1986; ``(2) modify, limit, or supersede the operation of, or the conduct of any activity permitted under, the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or title V of the Gramm- Leach-Bliley Act (15 U.S.C. 6801 et seq.); ``(3) except as set forth in subsection (b), prohibit or limit the use of a social security number to retrieve information about an individual without displaying such number to the public; ``(4) prohibit or limit the use of the social security number for purposes of law enforcement, including investigation of fraud; or ``(5) prohibit or limit the use of a social security number obtained from a public record or document lawfully acquired from a governmental agency. ``(e) Civil Action in United States District Court; Damages; Attorneys Fees and Costs; Regulatory Coordination.-- ``(1) In general.--Any individual aggrieved by any act of any person in violation of this section may bring a civil action in a United States district court to recover-- ``(A) such preliminary and equitable relief as the court determines to be appropriate; and ``(B) the greater of-- ``(i) actual damages; ``(ii) liquidated damages of $2,500; or ``(iii) in the case of a violation that was willful and resulted in profit or monetary gain, liquidated damages of $10,000. ``(2) Attorney's fees and costs.--In the case of a civil action brought under paragraph (1)(B)(iii) in which the aggrieved individual has substantially prevailed, the court may assess against the respondent a reasonable attorney's fee and other litigation costs and expenses (including expert fees) reasonably incurred. ``(3) Statute of limitations.--No action may be commenced under this subsection more than 3 years after the date on which the violation was or should reasonably have been discovered by the aggrieved individual. ``(4) Nonexclusive remedy.--The remedy provided under this subsection shall be in addition to any other lawful remedy available to the individual. ``(f) Civil Money Penalties.-- ``(1) In general.--Any person who the Commissioner of Social Security determines has violated this section shall be subject, in addition to any other penalties that may be prescribed by law, to-- ``(A) a civil money penalty of not more than $5,000 for each such violation, and ``(B) a civil money penalty of not more than $50,000, if violations have occurred with such frequency as to constitute a general business practice. ``(2) Determination of violations.-- Any willful violation committed contemporaneously with respect to the social security numbers of 2 or more individuals by means of mail, telecommunication, or otherwise shall be treated as a separate violation with respect to each such individual. ``(3) Enforcement procedures.--The provisions of section 1128A (other than subsections (a), (b), (f), (h), (i), (j), and (m), and the first sentence of subsection (c)) and the provisions of subsections (d) and (e) of section 205 shall apply to civil money penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a), except that, for purposes of this paragraph, any reference in section 1128A to the Secretary shall be deemed a reference to the Commissioner of Social Security. ``(4) Coordination with criminal enforcement.--The Commissioner of Social Security shall take such actions as are necessary and appropriate to assure proper coordination of the enforcement of the provisions of this section with criminal enforcement under section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents). The Commissioner shall enter into cooperative arrangements with the Federal Trade Commission under section 5 of the Identity Theft and Assumption Deterrence Act of 1998 (18 U.S.C. 1028 note) for purposes of achieving such coordination. ``(g) Limitation on Regulation by States.--No requirement or prohibition may be imposed under the laws of any State with respect to any subject matter regulated under subsections (a) through (d). ``(h) Definitions.--In this section, the term `display to the general public' means the intentional placing of an individual's social security number, or identifying portion thereof, in a viewable manner on a web site that is available to the general public or in material made available or sold to the general public.''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to violations occurring on and after the date which is 2 years after the date of enactment of this Act. <greek-d>

Provides that nothing in this law shall be construed to prohibit the use of social security numbers: (1) required or permitted under certain Federal laws; (2) for retrieving information about an individual without displaying the number publicly;(3) for law enforcement; or (4) obtained from a public record lawfully acquired from a governmental agency. Authorizes persons aggrieved by violations of this law to bring civil actions in district courts to recover damages. Prohibits actions from being commenced more than three years after the date the violation was or should have been reasonably discovered. Subjects violators to civil money penalties as determined by the Commissioner of Social Security in addition to any other penalties that may be prescribed.

Amy Boyer's Law

SECTION 1. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY TO ELIGIBLE RETIREMENT PLANS. (a) General Rule.--If-- (1) a qualified airline employee receives any eligible rollover amount, and (2) the qualified airline employee transfers any portion of such amount to an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) within 180 days of receipt of such amount (or, if later, within 180 days of the date of the enactment of this Act), then, except as provided in subsection (b), such amount (to the extent so transferred) shall not be includible in gross income for the taxable year in which paid. (b) Transfers to Roth IRAs.-- (1) In general.--If a transfer described in subsection (a) is made to a Roth IRA (as defined in section 408A of the Internal Revenue Code of 1986), then-- (A) 50 percent of the portion of any eligible rollover amount so transferred shall be includible in gross income in the first taxable year following the taxable year in which the eligible rollover amount was paid, and (B) 50 percent of such portion shall be includible in gross income in the second taxable year following the taxable year in which the eligible rollover amount was paid. (2) Election to include in income in year of payment.-- Notwithstanding paragraph (1), a qualified airline employee may elect to include any portion so transferred in gross income in the taxable year in which the eligible rollover amount was paid. (3) Income limitations not to apply.--The limitations described in section 408A(c)(3) of the Internal Revenue Code of 1986 shall not apply to a transfer to which paragraph (1) or (2) applies. (c) Treatment of Eligible Rollover Amounts and Transfers.-- (1) Treatment of eligible rollover amounts for employment taxes.--For purposes of chapter 21 of the Internal Revenue Code of 1986 and section 209 of the Social Security Act, an eligible rollover amount shall not fail to be treated as a payment of wages by the commercial passenger airline carrier to the qualified airline employee in the taxable year of payment because such amount is not includible in gross income by reason of subsection (a) or is includible in income in a subsequent taxable year by reason of subsection (b). (2) Treatment of rollovers.--A transfer under subsection (a) shall be treated as a rollover contribution described in section 408(d)(3) of the Internal Revenue Code of 1986, except that in the case of a transfer to which subsection (b) applies, the transfer shall be treated as a qualified rollover contribution described in section 408A(e) of such Code. (d) Definitions and Special Rules.--For purposes of this section-- (1) Eligible rollover amount.-- (A) In general.--The term ``eligible rollover amount'' means any payment of any money or other property which is payable by a commercial passenger airline carrier to a qualified airline employee-- (i) under the approval of an order of a Federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, and (ii) in respect of the qualified airline employee's interest in a bankruptcy claim against the carrier, any note of the carrier (or amount paid in lieu of a note being issued), or any other fixed obligation of the carrier to pay a lump sum amount. (B) Exception.--An eligible rollover amount shall not include any amount payable on the basis of the carrier's future earnings or profits. (2) Qualified airline employee.--The term ``qualified airline employee'' means an employee or former employee of a commercial passenger airline carrier who was a participant in a defined benefit plan maintained by the carrier which-- (A) is a plan described in section 401(a) of the Internal Revenue Code of 1986 which includes a trust exempt from tax under section 501(a) of such Code, and (B) was terminated or became subject to the restrictions contained in paragraphs (2) and (3) of section 402(b) of the Pension Protection Act of 2006. (3) Reporting requirements.--If a commercial passenger airline carrier pays 1 or more eligible rollover amounts, the carrier shall, within 90 days of such payment (or, if later, within 90 days of the date of the enactment of this Act), report-- (A) to the Secretary of the Treasury, the names of the qualified airline employees to whom such amounts were paid, and (B) to the Secretary and to such employees, the years and the amounts of the payments. Such reports shall be in such form, and contain such additional information, as the Secretary may prescribe. (e) Effective Date.--This section shall apply to transfers made after the date of the enactment of this Act with respect to eligible rollover amounts paid before, on, or after such date.

Allows employees of commercial passenger airlines who receive payments from a bankruptcy case filed between September 11, 2001, and January 1, 2007, as compensation for lost pension plan benefits to rollover such payments into an individual retirement account (IRA), except for a Roth IRA, without tax or tax penalty.

To allow employees of a commercial passenger airline carrier who receive payments in a bankruptcy proceeding to roll over such payments into an individual retirement plan, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nurse and Health Care Worker Protection Act of 2009''. (b) Findings.--Congress finds the following: (1) In 2007, direct-care registered nurses ranked seventh among all occupations for the number of cases of musculoskeletal disorders resulting in days away from work-- 8,580 total cases. Nursing aides, orderlies, and attendants sustained 24,340 musculoskeletal disorders in 2007, the second highest of any occupation. The leading cause of these injuries in health care are the result of patient lifting, transferring, and repositioning injuries. (2) The physical demands of the nursing profession lead many nurses to leave the profession. Fifty-two percent of nurses complain of chronic back pain and 38 percent suffer from pain severe enough to require leave from work. Many nurses and other health care workers suffering back injury do not return to work. (3) Patients are not at optimum levels of safety while being lifted, transferred, or repositioned manually. Mechanical lift programs can substantially reduce skin tears suffered by patients and the frequency of patients being dropped, thus allowing patients a safer means to progress through their care. (4) The development of assistive patient handling equipment and devices has essentially rendered the act of strict manual patient handling unnecessary as a function of nursing care. (5) A growing number of health care facilities have incorporated patient handling technology and have reported positive results. Injuries among nursing staff have dramatically declined since implementing patient handling equipment and devices. As a result, the number of lost work days due to injury and staff turnover has declined. Studies have also shown that assistive patient handling technology successfully reduces workers' compensation costs for musculoskeletal disorders. (6) Establishing a safe patient handling and injury prevention standard for direct-care registered nurses and other health care workers is a critical component in protecting nurses and other health care workers, addressing the nursing shortage, and increasing patient safety. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; findings; table of contents. Sec. 2. Safe patient handling and injury prevention standard. Sec. 3. Protection of direct-care registered nurses and health care workers. Sec. 4. Application of safe patient handling and injury prevention standard to health care facilities not covered by OSHA. Sec. 5. Financial assistance to needy health care facilities in the purchase of safe patient handling and injury prevention equipment. Sec. 6. Definitions. SEC. 2. SAFE PATIENT HANDLING AND INJURY PREVENTION STANDARD. (a) Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor, shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), propose a standard on safe patient handling and injury prevention (in this section such standard referred to as the ``safe patient handling and injury prevention standard'') under such section to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers handling patients in health care facilities. A final safe patient handling and injury prevention standard shall be promulgated not later than 2 years after the date of the enactment of this Act. (b) Requirements.--The safe patient handling and injury prevention standard shall require the use of engineering controls to perform lifting, transferring, and repositioning of patients and the elimination of manual lifting of patients by direct-care registered nurses and all other health care workers, through the use of mechanical devices to the greatest degree feasible except where the use of safe patient handling practices can be demonstrated to compromise patient care. The standard shall apply to all health care employers and shall require at least the following: (1) Each health care employer to develop and implement a safe patient handling and injury prevention plan within 6 months of the date of promulgation of the final standard, which plan shall include hazard identification, risk assessments, and control measures in relation to patient care duties and patient handling. (2) Each health care employer to purchase, use, maintain, and have accessible an adequate number of safe lift mechanical devices not later than 2 years after the date of issuance of a final regulation establishing such standard. (3) Each health care employer to obtain input from direct- care registered nurses, health care workers, and employee representatives of direct-care registered nurses and health care workers in developing and implementing the safe patient handling and injury prevention plan, including the purchase of equipment. (4) Each health care employer to establish and maintain a data system that tracks and analyzes trends in injuries relating to the application of the safe patient handling and injury prevention standard and to make such data and analyses available to employees and employee representatives. (5) Each health care employer to establish a system to document in each instance when safe patient handling equipment was not utilized due to legitimate concerns about patient care and to generate a written report in each such instance. The report shall list the following: (A) The work task being performed. (B) The reason why safe patient handling equipment was not used. (C) The nature of the risk posed to the worker from manual lifting. (D) The steps taken by management to reduce the likelihood of manual lifting and transferring when performing similar work tasks in the future. Such reports shall be made available to OSHA compliance officers, workers, and their representatives upon request within one business day. (6) Each health care employer to train nurses and other health care workers on safe patient handling and injury prevention policies, equipment, and devices at least on an annual basis. Such training shall include providing information on hazard identification, assessment, and control of musculoskeletal hazards in patient care areas and shall be conducted by an individual with knowledge in the subject matter, and delivered, at least in part, in an interactive classroom-based and hands-on format. (7) Each health care employer to post a uniform notice in a form specified by the Secretary that-- (A) explains the safe patient handling and injury prevention standard; (B) includes information regarding safe patient handling and injury prevention policies and training; and (C) explains procedures to report patient handling- related injuries. (8) Each health care employer to conduct an annual written evaluation of the implementation of the safe patient handling and injury prevention plan, including handling procedures, selection of equipment and engineering controls, assessment of injuries, and new safe patient handling and injury prevention technology and devices that have been developed. The evaluation shall be conducted with the involvement of nurses, other health care workers, and their representatives and shall be documented in writing. Health care employers shall take corrective action as recommended in the written evaluation. (c) Inspections.--The Secretary of Labor shall conduct unscheduled inspections under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) to ensure implementation of and compliance with the safe patient handling and injury prevention standard. SEC. 3. PROTECTION OF DIRECT-CARE REGISTERED NURSES AND HEALTH CARE WORKERS. (a) Refusal of Assignment.--The Secretary shall ensure that a direct-care registered nurse or other health care worker may refuse to accept an assignment from a health care employer if-- (1) the assignment would subject the worker to conditions that would violate the safe patient handling and injury prevention standard; or (2) the nurse or worker has not received training described in section 2(a)(5) that meets such standard. (b) Retaliation for Refusal of Lifting Assignment Barred.-- (1) No discharge, discrimination, or retaliation.--No health care employer shall discharge, discriminate, or retaliate in any manner with respect to any aspect of employment, including discharge, promotion, compensation, or terms, conditions, or privileges of employment, against a direct-care registered nurse or other health care worker based on the nurse's or worker's refusal of a lifting assignment under subsection (a). (2) No filing of complaint.--No health care employer shall file a complaint or a report against a direct-care registered nurse or other health care worker with the appropriate State professional disciplinary agency because of the nurse's or worker's refusal of a lifting assignment under subsection (a). (c) Whistleblower Protection.-- (1) Retaliation barred.--A health care employer shall not discriminate or retaliate in any manner with respect to any aspect of employment, including hiring, discharge, promotion, compensation, or terms, conditions, or privileges of employment against any nurse or health care worker who in good faith, individually or in conjunction with another person or persons-- (A) reports a violation or a suspected violation of this Act or the safe patient handling and injury prevention standard to the Secretary of Labor, a public regulatory agency, a private accreditation body, or the management personnel of the health care employer; (B) initiates, cooperates, or otherwise participates in an investigation or proceeding brought by the Secretary, a public regulatory agency, or a private accreditation body concerning matters covered by this Act; or (C) informs or discusses with other individuals or with representatives of health care employees a violation or suspected violation of this Act. (2) Good faith defined.--For purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes-- (A) the information reported or disclosed is true; and (B) a violation of this Act or the safe patient handling and injury prevention standard has occurred or may occur. (d) Complaint to Secretary.-- (1) Filing.--A direct-care registered nurse, health care worker, or other individual may file a complaint with the Secretary of Labor against a health care employer that violates this section within 180 days of the date of the violation. (2) Response to complaint.--For any complaint so filed, the Secretary shall-- (A) receive and investigate the complaint; (B) determine whether a violation of this Act as alleged in the complaint has occurred; and (C) if such a violation has occurred, issue an order that sets forth the violation and the required remedy or remedies. (3) Remedies.--The Secretary shall have the authority to order all appropriate remedies for such violations. (e) Cause of Action.--Any direct-care registered nurse or other health care worker who has been discharged, discriminated, or retaliated against in violation of this section may bring a cause of action in a United States district court. A direct-care registered nurse or other health care worker who prevails on the cause of action shall be entitled to the following: (1) Reinstatement, reimbursement of lost wages, compensation, and benefits. (2) Attorneys' fees. (3) Court costs. (4) Other damages. (f) Notice.--A health care employer shall include in the notice required under section 2(b)(7) an explanation of the rights of direct- care registered nurses and health care workers under this section and a statement that a direct-care registered nurse or health care worker may file a complaint with the Secretary against a health care employer that violates the safe patient handling and injury prevention standard, including instructions for how to file such a complaint. (g) Addition to Current Protections.--The worker protections provided for under this section are in addition to protections provided in section 11(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c)). SEC. 4. APPLICATION OF SAFE PATIENT HANDLING AND INJURY PREVENTION STANDARD TO HEALTH CARE FACILITIES NOT COVERED BY OSHA. (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)(V), by inserting ``and safe patient handling and injury prevention standard (as initially promulgated under section 2 of the Nurse and Health Care Worker Protection Act of 2009)'' before the period at the end; and (2) in subsection (b)(4)-- (A) in subparagraph (A), inserting ``and the safe patient handling and injury prevention standard'' after ``Bloodborne Pathogens standard''; and (B) in subparagraph (B), inserting ``or the safe patient handling and injury prevention standard'' after ``Bloodborne Pathogens standard''. (b) Effective Date.--The amendments made by subsection (a) shall apply to health care facilities 1 year after date of issuance of the final safe patient handling and injury prevention standard required under section 2. SEC. 5. FINANCIAL ASSISTANCE TO NEEDY HEALTH CARE FACILITIES IN THE PURCHASE OF SAFE PATIENT HANDLING AND INJURY PREVENTION EQUIPMENT. (a) In General.--The Secretary of Health and Human Services shall establish a grant program that provides financial assistance to cover some or all of the costs of purchasing safe patient handling and injury prevention equipment for health care facilities, such as hospitals, nursing facilities, home health care, and outpatient facilities, that-- (1) require the use of such equipment in order to comply with the safe patient handling and injury prevention standard; but (2) demonstrate the financial need for assistance for purchasing the equipment required under such standard. (b) Application.--No financial assistance shall be provided under this section except pursuant to an application made to the Secretary of Health and Human Services in such form and manner as the Secretary shall specify. (c) Authorization of Appropriations.--There are authorized to be appropriated for financial assistance under this section $200,000,000, of which $50,000,000 will be available specifically for home health agencies or entities. Funds appropriated under this subsection shall remain available until expended. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Direct-care registered nurse.--The term ``direct-care registered nurse'' means an individual who has been granted a license by at least one State to practice as a registered nurse and who provides bedside care or outpatient services for one or more patients or residents. (2) Health care worker.--The term ``health care worker'' means an individual who has been assigned to lift, reposition, or move patients or residents in a health care facility. (3) Employment.--The term ``employment'' includes the provision of services under a contract or other arrangement. (4) Health care employer.--The term ``health care employer'' means an outpatient health care facility, hospital, nursing home, home health care agency, hospice, federally qualified health center, nurse managed health center, rural health clinic, or any similar health care facility that employs direct-care registered nurses or other health care workers.

Nurse and Health Care Worker Protection Act of 2009 - Requires the Secretary of Labor to propose a standard on safe patient handling and injury prevention to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers that requires the use of engineering controls to lift patients and the elimination of manual lifting of patients through the use of mechanical devices, except where patient care may be compromised. Requires health care employers to: (1) develop and implement a safe patient handling and injury prevention plan; (2) provide their workers with training on safe patient handling and injury prevention; and (3) post a uniform notice that explains the standard and the procedures to report patient handling-related injuries. Requires the Secretary to conduct unscheduled inspections to ensure compliance with safety standards. Allows health care workers to: (1) refuse to accept an assignment in a health care facility that violates safety standards or for which such worker has not received required training; and (2) file complaints against employers who violate this Act. Prohibits employers from taking adverse actions against any health care worker who in good faith reports a violation, participates in an investigation or proceeding, or discusses violations. Authorizes health care workers who have been discharged, discriminated, or retaliated against in violation of this Act to bring legal action for reinstatement, reimbursement of lost compensation, attorneys' fees, court costs, and other damages. Requires the Secretary of Health and Human Services (HHS) to establish a grant program for purchasing safe patient handling and injury prevention equipment for health care facilities.

A bill to direct the Secretary of Labor to issue an occupational safety and health standard to reduce injuries to patients, direct-care registered nurses, and all other health care workers by establishing a safe patient handling and injury prevention standard, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearms Licensing Act of 1994''. SEC. 2. INDUCEMENT FOR STATES TO ESTABLISH A SYSTEM FOR IDENTIFYING PERSONS PROHIBITED FROM POSSESSING FIREARMS THROUGH A MAGNETIC STRIP AFFIXED TO DRIVER'S LICENSES AND OTHER IDENTIFICATION DOCUMENTS. (a) In General.--The Director of the Bureau of Justice Assistance shall reduce by 25 percent the annual allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 unless the State has in effect laws and procedures which, in substance, provide the following: (1) Records check required before issuance of driver's license and identification documents; use of magnetic strips to identify prohibited persons.--Before the State transportation agency issues, reissues, or reinstates a license, the agency shall-- (A) conduct a record check to determine whether the applicant therefor is a prohibited person by examining the State list referred to in paragraph (4) of this subsection and the national list referred to in subsection (c)(1); and (B) affix to the license of the person a magnetic strip on which is encoded information that-- (i) identifies the licensee as a prohibited person or as a nonprohibited person; and (ii) may be discerned only through the use of an electronic device that-- (I) is read only; (II) does not have storage or communication capabilities; and (III) signals the user of the device with-- (aa) a green light if the device reads a magnetic strip that does not identify the person as a prohibited person; and (bb) a red light if the device reads a magnetic strip that identifies the person as a prohibited person. (2) Effects of felony conviction or adjudication of mental incompetency.-- (A) Seizure and voiding of driver's license.--If a State court convicts a person of a crime punishable by imprisonment for a term exceeding 1 year or adjudicates a person as mentally incompetent, the court shall seize any license issued to the person by the State transportation agency, and any such license shall be void. (B) Magnetic strip identifying licensee as a prohibited person to be attached to future licenses.-- The State transportation agency shall affix to any license issued to a prohibited person a magnetic strip of the type described in paragraph (1)(B) that identifies the licensee as a prohibited person. (3) Funding of records checks by increasing fines imposed upon convicted felons.--Any person convicted in the State of a crime punishable by imprisonment for a term exceeding 1 year shall, in addition to any sentence imposed under any other provision of State law, be fined an amount sufficient to cover the expenses of criminal records checks conducted pursuant to paragraph (1)(A), taking all such convictions into account on an annual basis. (4) Requirement to maintain and update computerized list of prohibited persons.--The State shall create and maintain a computerized list of all persons who are prohibited persons by reason of a conviction or adjudication in the State, and, within 2 years after the date of the enactment of this Act, shall achieve and maintain at least 80 percent currency of case dispositions in the computerized list for all cases in which there has been an entry of activity within the then immediately preceding 5 years. (b) Definitions.--As used in this section: (1) License.--The term ``license'' means a license or permit to operate a motor vehicle on the roads and highways of the State, and any identification document issued by a State transportation agency solely for purposes of identification. (2) Prohibited person.--The term ``prohibited person'' means a person who-- (A) has been convicted of a crime punishable under Federal or State law by imprisonment for a term exceeding 1 year; (B)(i) has been adjudicated mentally incompetent; and (ii)(I) has not been restored to capacity by court order; or (II) has been so restored to capacity for less than 5 years; or (C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). (3) State transportation agency.--The term ``State transportation agency'' means the State agency responsible for issuing a license, permit, or identification document described in paragraph (1). (c) Duties of the Attorney General.--The Attorney General of the United States shall-- (1) create a national, computerized list of prohibited persons; (2) incorporate State criminal history records into the Federal criminal records system maintained by the Federal Bureau of Investigation; (3) develop hardware and software systems to link State lists referred to in subsection (a)(4) with the national list referred to in paragraph (1) of this subsection; and (4) provide any responsible State agency with access to the national list, upon request. (d) Procedures for Correcting Erroneous Records.-- (1) Request for information.--Any person identified as a prohibited person in records maintained under this section may request the Attorney General of the United States to notify the person of the reasons therefor. (2) Compliance with request.--Within 5 days after receipt of a request under paragraph (1), the Attorney General shall comply with the request. (3) Submission of additional information.--Any person described in paragraph (1) may submit to the Attorney General information to correct, clarify, or supplement records maintained under this section with respect to the person. (4) Consideration and use of additional information.-- Within 5 days after receipt of such information, the Attorney General shall consider the information, investigate the matter further, correct any and all erroneous Federal records relating to such person, and notify any Federal department or agency or any State that was the source of the erroneous records of the errors. (e) Judicial Review.--Any person erroneously identified as a prohibited person in records maintained pursuant to this section may bring an action in any United States district court against the United States, or any State or political subdivision thereof which is the source of the erroneous information, for damages (including consequential damages), injunctive relief, and such other relief as the court deems appropriate. If the person prevails in the action, the court shall allow the person a reasonable attorney's fee as part of the costs. SEC. 3. LICENSED FIREARMS DEALERS REQUIRED TO CHECK MAGNETIC STRIP ON DRIVER'S LICENSE OF ANY PERSON ATTEMPTING TO PURCHASE A FIREARM. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(y)(1) It shall be unlawful for a person to possess a firearm unless the person is carrying an identification document, issued to the person by the transportation agency of the State in which the person resides, affixed to which is a magnetic strip of the type described in section 2(a)(1)(B) of the Firearms Licensing Act of 1994 on which is encoded information that identifies the licensee as a person who is not a prohibited person. ``(2) It shall be unlawful for any licensed dealer knowingly to-- ``(A) transfer a firearm to any person not licensed under section 923, unless the licensed dealer has used an electronic device described in section 2(a)(1)(B)(ii) of the Firearms Licensing Act of 1994 to read the magnetic strip affixed to an identification document issued to the person by the transportation agency of the State in which the premises of the licensed dealer is located; or ``(B) fail to notify local law enforcement authorities, within 72 hours, of any person attempting to purchase a firearm who is identified as a prohibited person through the use of such a device. ``(3) As used in this subsection: ``(A) The term `identification document' means a license or permit to operate a motor vehicle, and any identification document issued solely for purposes of identification. ``(B) The term ``prohibited person'' means a person who-- ``(i) has been convicted of a crime punishable under Federal or State law by imprisonment for a term exceeding 1 year; ``(ii)(I) has been adjudicated mentally incompetent; and ``(II)(aa) has not been restored to capacity by court order; or ``(bb) has been so restored to capacity for less than 5 years; or ``(iii) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). ``(C) The term `transportation agency' means the agency responsible for issuing commercial or noncommercial identification documents.''. (b) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(6)(A)(i) Subject to this subparagraph, a person who knowingly violates section 922(y)(1) shall be imprisoned not less than 6 months and not more than 1 year. ``(ii) Upon conviction of a violation of section 922(y)(1), the court shall offer the defendant the opportunity to seek enlistment or appointment in the Armed Forces. ``(iii) If the defendant immediately accepts the offer described in clause (ii), the court shall, in lieu of imposing any other sentence on the defendant, impose a probationary sentence on the defendant, with at least the following conditions: ``(I) The defendant shall immediately seek enlistment or appointment in the Armed Forces. ``(II) The defendant shall become enlisted or appointed in the Armed Forces within 60 days after imposition of such sentence. ``(III) The defendant shall complete the minimum period of obligated active service required under the enlistment or appointment. ``(iv) The court may not modify or reduce any of the conditions set forth in clause (iii) of a sentence of probation imposed under this subparagraph. ``(v) Subsections (c) and (d) of section 3564, and section 3565(b), shall not apply to a sentence of probation imposed under this subparagraph. ``(B) A licensed dealer who knowingly violates section 922(y)(2) shall be fined under this title in an amount that is not less than $15,000, imprisoned not less than 1 year and not more than 3 years, or both.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect at the end of the 2-year period that begins with the date of the enactment of this Act.

Firearms Licensing Act of 1994 - Requires the Director of the Bureau of Justice Assistance to reduce by 25 percent the annual allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 unless the State has in effect laws and procedures which provide for: (1) a records check before issuance of a driver's license and identification documents, and the use of magnetic strips to identify prohibited persons; (2) the seizure and voiding of the driver's license of a person convicted of a felony or adjudicated mentally incompetent, and the use of a magnetic strip identifying the licensee as a prohibited person to be attached to future licenses; (3) the funding of records checks by increasing fines imposed upon convicted felons; and (4) a requirement that the State maintain and update a computerized list of prohibited persons. Directs the Attorney General to: (1) create a national, computerized list of prohibited persons; (2) incorporate State criminal history records into the Federal criminal records system maintained by the Federal Bureau of Investigation; (3) develop hardware and software systems to link State lists of prohibited persons with the national list; and (4) provide any responsible State agency with access to the national list upon request. Sets forth provisions regarding: (1) procedures for correcting erroneous records; and (2) judicial review. Amends the Federal criminal code to prohibit a person from possessing a firearm unless the person is carrying an identification document that is issued to the person by the State transportation agency where the person resides and affixed with a magnetic strip on which is encoded information that identifies the licensee as a person who is not a prohibited person. Makes it unlawful for any licensed dealer to: (l) knowingly transfer a firearm to an unlicensed individual unless the dealer has used an electronic device to read such strip; or (2) fail to notify local law enforcement authorities within 72 hours of any attempt to purchase a firearm by a person who is identified as a prohibited person through the use of such a device. Sets penalties for violations. Directs the court, upon conviction of such illegal possession of a firearm, to offer the defendant the opportunity to seek enlistment or appointment in the armed forces (and if the defendant immediately accepts, to impose a probationary sentence on the defendant, conditioned on the defendant becoming enlisted or appointed within 60 days after imposition of such sentence and completing the minimum period of obligated active service required under the enlistment or appointment).

Firearms Licensing Act of 1994

SECTION 1. REDUCED TAXES FOR PATRIOT EMPLOYERS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45N. REDUCTION IN TAX OF PATRIOT EMPLOYERS. ``(a) In General.--In the case of any taxable year with respect to which a taxpayer is certified by the Secretary as a Patriot employer, the Patriot employer credit determined under this section for purposes of section 38 shall be equal to 1 percent of the taxable income of the taxpayer which is properly allocable to all trades or businesses with respect to which the taxpayer is certified as a Patriot employer for the taxable year. ``(b) Patriot Employer.--For purposes of subsection (a), the term `Patriot employer' means, with respect to any taxable year, any taxpayer which-- ``(1) maintains its headquarters in the United States if the taxpayer has ever been headquartered in the United States, ``(2) pays at least 60 percent of each employee's health care premiums, ``(3) if such taxpayer employs at least 50 employees on average during the taxable year-- ``(A) maintains or increases the number of full- time workers in the United States relative to the number of full-time workers outside of the United States, ``(B) compensates each employee of the taxpayer at an hourly rate (or equivalent thereof) not less than an amount equal to the Federal poverty level for a family of three for the calendar year in which the taxable year begins divided by 2,080, ``(C) provides either-- ``(i) a defined contribution plan which for any plan year-- ``(I) requires the employer to make nonelective contributions of at least 5 percent of compensation for each employee who is not a highly compensated employee, or ``(II) requires the employer to make matching contributions of 100 percent of the elective contributions of each employee who is not a highly compensated employee to the extent such contributions do not exceed the percentage specified by the plan (not less than 5 percent) of the employee's compensation, or ``(ii) a defined benefit plan which for any plan year requires the employer to make contributions on behalf of each employee who is not a highly compensated employee in an amount which will provide an accrued benefit under the plan for the plan year which is not less than 5 percent of the employee's compensation, and ``(D) provides full differential salary and insurance benefits for all National Guard and Reserve employees who are called for active duty, and ``(4) if such taxpayer employs less than 50 employees on average during the taxable year, either-- ``(A) compensates each employee of the taxpayer at an hourly rate (or equivalent thereof) not less than an amount equal to the Federal poverty level for a family of 3 for the calendar year in which the taxable year begins divided by 2,080, or ``(B) provides either-- ``(i) a defined contribution plan which for any plan year-- ``(I) requires the employer to make nonelective contributions of at least 5 percent of compensation for each employee who is not a highly compensated employee, or ``(II) requires the employer to make matching contributions of 100 percent of the elective contributions of each employee who is not a highly compensated employee to the extent such contributions do not exceed the percentage specified by the plan (not less than 5 percent) of the employee's compensation, or ``(ii) a defined benefit plan which for any plan year requires the employer to make contributions on behalf of each employee who is not a highly compensated employee in an amount which will provide an accrued benefit under the plan for the plan year which is not less than 5 percent of the employee's compensation.''. (b) Allowance as General Business Credit.--Section 38(b) of the Internal Revenue Code or 1986 is amended by striking ``and'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``, and'', and by adding at the end the following: ``(27) the Patriot employer credit determined under section 45N.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Amends the Internal Revenue Code to allow a taxpayer certified as a Patriot employer by the Secretary of the Treasury a tax credit for one percent of such employer's taxable income. Defines a "Patriot employer" as any taxpayer who: (1) maintains its headquarters in the United States; (2) pays at least 60% of the health care premiums of its employees; (3) maintains or increases the number of its full-time workers in the United States relative to its full-time workers outside of the United States: (4) provides its employees with a certain level of compensation and retirement benefits; and (5) provides full differential salary and insurance benefits for all National Guard and Reserve employees called to active duty.

A bill to provide a Federal income tax credit for Patriot employers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dollar Bill Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Article I, section 8 of the Constitution of the United States provides that the Congress shall have Power to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. (2) Congress effectively delegated the power to regulate the value of United States money and foreign money to the Federal Reserve System via the Federal Reserve Act of 1913. (3) The value of the United States dollar has fallen dramatically relative to gold, crude oil, other real commodities and major foreign currencies. (4) The value of the United States dollar has become unstable and uncertain. (5) The Board of Governors of the Federal Reserve System has not produced a stable and reliable value for the United States dollar. (6) The Board of Governors of the Federal Reserve System cannot reasonably be expected to produce a stable and reliable value for the United States dollar. (7) An unstable dollar slows the growth of the economy by increasing the cost of capital, increasing the risks attendant to long-term capital investment, and increasing the effective rate of the corporate income tax. (8) An unstable dollar reduces the real earnings of American workers. (9) An unstable dollar reduces the real value of financial assets held by the public. (10) An unstable dollar reduces the real value of pension plans and retirement accounts upon which Americans depend for their security. (11) An unstable dollar damages the economic and political standing of the United States in the world community. (12) An unstable dollar gives rise to anxiety, uncertainty, and risk among the financial markets and the public. SEC. 3. DIRECTIVES TO THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (a) In General.--Before the end of the 90-day period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall make the value of the U.S. dollar equal to the price of gold on the exchange operated by the Commodities Exchange, Inc. (COMEX) of the New York Mercantile Exchange, Inc. and maintain the value of the United States dollar at this level. (b) Target.--In regulating the value of the United States dollar, the Board of Governors of the Federal Reserve System shall not conduct open market operations indirectly, as in the current practice of targeting the Federal Funds rate. (c) Promotion of Stable and Effective Financial Markets.--The Board of Governors of the Federal Reserve System shall use the banking and bank regulatory powers of the Board to maintain and promote stable and effective financial markets during and after the transition to a defined value for the United States dollar. SEC. 4. TAX DEPRECIATION. Effective January 1, 2011, all entities that depreciate capital assets for tax purposes shall be entitled to 100 percent expensing of all capital investment for tax purposes in the year that the investment is made. SEC. 5. DIRECTIVE TO THE CONGRESSIONAL BUDGET OFFICE. In addition to the scoring that the Congressional Budget Office will do of the tax changes provided in this Act in the normal course of events, the Congressional Budget Office shall also calculate the impact on Federal revenues on a present value basis. This calculation shall be done in the manner that such calculations are done by the Social Security Trustees, and shall take into account the following: (1) That first year expensing of capital investment accelerates, but does not change the total amount of the depreciation that taxpayers take based upon their investments. (2) Capital investments by businesses have historically earned much higher returns than the interest rate on government bonds. SEC. 6. CONFLICT OF LAWS PROVISION. In the event that any provisions of this Act are found to be in conflict with those of the Full Employment and Balanced Growth Act of 1978, the provisions of this Act shall supersede the provisions of such Act to the extent of the conflict. SEC. 7. REMOVAL OF FEDERAL RESERVE BANK AUTHORITY TO PAY EARNINGS ON RESERVES. Section 19(b)(12) of the Federal Reserve Act (12 U.S.C. 461(b)(12)) is amended-- (1) in the heading of such paragraph, by striking ``Earnings'' and inserting ``No earnings''; (2) in subparagraph (A), by striking ``may receive earnings to be paid by the Federal Reserve bank at least once each calendar quarter, at a rate or rates not to exceed the general level of short-term interest rates'' and inserting ``may not receive earnings paid by the Federal Reserve bank''; (3) by striking subparagraph (B); and (4) by redesignating subparagraph (C) as subparagraph (B).

Dollar Bill Act of 2011 - Requires the Board of Governors of the Federal Reserve System to: (1) make the value of the U.S. dollar equal to price of gold on the exchange operated by the Commodities Exchange, Inc. (COMEX) of the New York Mercantile Exchange, Inc.; and (2) maintain that value at this level. Prohibits the Board, in regulating the value of the U.S. dollar, from conducting open market operations indirectly, as in the current practice of targeting the federal funds rate. Requires the Board to use its banking and bank regulatory powers to maintain and promote stable and effective financial markets during and after the transition to a defined value for the U.S. dollar. Entitles all entities that depreciate capital assets for tax purposes to 100% expensing of all capital investment for tax purposes in the year that the investment is made. Requires the Congressional Budget Office (CBO), in addition to the scoring CBO will do of the tax changes provided in this Act, to calculate the impact on federal revenues on a present value basis. Amends the Federal Reserve Act to remove Federal Reserve Bank authority to pay earnings on reserves.

To stimulate the economy, provide for a sound United States dollar by defining a value for the dollar, to remove the authority of Federal Reserve banks to pay earnings on certain balances maintained at such banks, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclamation Title Transfer Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Conveyed property.--The term ``conveyed property'' means an eligible facility that has been conveyed to a qualifying entity under section 3(b)(1). (2) Eligible facility.-- (A) In general.--The term ``eligible facility'' means a reclamation project or facility, or a portion of a reclamation project or facility, for which the United States holds title and that meets the criteria for potential transfer established under section 5(a). (B) Inclusions.--The term ``eligible facility'' includes dams and appurtenant works, infrastructure, recreational facilities, buildings, distribution and drainage works, and associated land or interests in land or water. (3) Qualifying entity.--The term ``qualifying entity'' means a State, unit of local government, Indian tribe, municipal corporation, quasi-municipal corporation, or other entity (such as a water district) that, as determined by the Secretary, has the capacity to continue to manage the conveyed property for the same purposes that the conveyed property has been managed for under the reclamation laws. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation. SEC. 3. AUTHORIZATION OF TITLE TRANSFER PROGRAM. (a) Establishment of Title Transfer Program.--The Secretary may establish a program that-- (1) identifies and analyzes the potential for public benefits from the transfer out of Federal ownership of eligible facilities, including analyses of the financial, operational, and environmental characteristics of the eligible facilities proposed for transfer; and (2) facilitates the transfer to qualifying entities of the title to eligible facilities to promote more efficient management of water and water-related facilities. (b) Authorization To Transfer Title to Eligible Facilities.-- (1) In general.--The Secretary, without further authorization from Congress, may convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, subject to paragraphs (2) through (6). (2) Right of first refusal.--If the entity that operates an eligible facility at the time that the Secretary attempts to facilitate the transfer of title under subsection (a)(2) is a qualifying entity, that entity shall have the right of first refusal to receive the conveyance under paragraph (1). (3) Reservation of easement.--The Secretary may reserve an easement over a conveyed property if the Secretary determines that the easement is necessary for the management of any interests retained by the Federal Government under this Act. (4) Mineral interests.-- (A) Retention.--The Secretary shall retain any mineral interests associated with a conveyed property. (B) Management.--The mineral interests retained under subparagraph (A) shall be managed-- (i) consistent with Federal law; and (ii) in a manner that would not interfere with the purposes for which the reclamation project was authorized. (5) Interests in water.--No interests in water shall be conveyed under this Act unless the conveyance is provided for in writing in an agreement between the Secretary and the qualifying entity. (6) Additional criteria.--Title transfers under this section shall be carried out consistent with-- (A) this Act; and (B) any additional criteria or procedures that the Secretary determines to be in the public interest. (c) Restrictions on Use.--As a condition of obtaining title to an eligible facility, the qualifying entity shall agree to use the eligible facility for substantially the same purposes the eligible facility is being used for during the period in which the eligible facility was under reclamation ownership. SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS. Before conveying eligible facilities under this Act, the Secretary shall complete all actions required under all applicable laws, including-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (3) the National Historic Preservation Act (16 U.S.C. 470 et seq.). SEC. 5. ELIGIBILITY CRITERIA. (a) Establishment.--The Secretary shall establish criteria for determining whether facilities are eligible for conveyance under this Act. (b) Minimum Requirements.-- (1) Agreement of qualifying entity.--The criteria established under subsection (a) shall include a requirement that a qualifying entity agree-- (A) to accept title to the eligible facility; (B) to accept all liability for the eligible facility, except as otherwise provided in section 6; (C) to use the eligible facility for substantially the same purposes the eligible facility is being used for at the time the Secretary evaluates the potential transfer; and (D) to provide, as consideration for the assets to be conveyed, compensation to the United States in an amount that is the equivalent of the net present value of any repayment obligation to the United States or other income stream the United States derives from the eligible facility to be transferred as of the date of the transfer. (2) Determinations of secretary.-- (A) In general.--The criteria established under subsection (a) shall include a requirement that the Secretary, in consultation with the Governor of any State in which the project is located, determine that the proposed transfer-- (i) would not have an unmitigated significant effect on the environment; (ii) is uncomplicated, based on, as determined by the Secretary-- (I) there being no significant opposition to the proposed transfer; (II) the eligible facility not being hydrologically integrated with other Federal or non-Federal water projects; (III) the eligible facility not generating significant quantities of electric power sold to, or eligible to be sold to, power customers (other than the project itself); and (IV) the parties to the transfer being able to reach agreement on legal, institutional, and financial arrangements relating to the conveyance; (iii) is consistent with the responsibility of the Secretary-- (I) to protect land and water resources held in trust for federally recognized Indian tribes; and (II) to ensure compliance with any applicable international treaties and interstate compacts; and (iv) is in the financial interest of the United States. (B) Publication.--The Secretary shall make publically available information on how the Secretary made the determinations under subparagraph (A). (3) Status of reclamation land.--The criteria established under subsection (a) shall require that any land to be conveyed out of Federal ownership under this Act is-- (A) land acquired by the Secretary; or (B) land withdrawn by the Secretary, only if-- (i) the Secretary determines in writing that the withdrawn land is encumbered by reclamation project facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and (ii) the qualifying entity agrees to pay fair market value for the withdrawn land to be conveyed. SEC. 6. LIABILITY. (a) In General.--Except as provided in subsection (b), effective beginning on the date of conveyance of any eligible facility under this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence based on the prior ownership or operation of the conveyed property. (b) Limitation.--Notwithstanding subsection (a), the United States shall retain the responsibilities and authorities of the United States for a conveyed property based on the prior ownership or operation of the conveyed property by the United States under Federal environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). SEC. 7. BENEFITS. After a conveyance of an eligible facility under this Act-- (1) the conveyed property shall no longer be considered to be a part of a reclamation project; and (2) the entity to which the conveyed property is conveyed shall not be eligible to receive any benefits with respect to the conveyed property (including project power), except for benefits that would be available to a similarly situated entity with respect to property that is not part of a reclamation project. SEC. 8. COMPLIANCE WITH OTHER LAWS. (a) In General.--After a conveyance of title under this Act, the qualifying entity to which the property is conveyed shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of the conveyed property. (b) Effect.-- (1) In general.--Nothing in this Act shall affect or interfere with-- (A) the laws of any State relating to the control, appropriation, use, or distribution of water used in irrigation or for any other purpose; (B) any vested right acquired under State law; or (C) any interstate compact, decree, or negotiated water rights agreement. (2) Conformity with state law.--In carrying out this Act, the Secretary shall proceed in conformity with the State laws and rights acquired under State law described in paragraph (1). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act such sums as are necessary. (b) Use of Amounts.--Amounts made available under subsection (a) may be used-- (1) to carry out the investigations to carry out this Act; and (2) to pay any other costs associated with conveyances under this Act, including an appropriate Federal share of the costs of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable law. (c) Not Treated as Project Costs.--Expenditures made by the Secretary under this Act-- (1) shall not be a project cost assignable to a reclamation project; and (2) shall be nonreimbursable. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to carry out conveyances under this Act shall terminate 15 years after the date of enactment of this Act.

Reclamation Title Transfer Act of 2014 - Authorizes the Commissioner of the Bureau of Reclamation to establish a program that: (1) identifies and analyzes the potential for public benefits from the transfer of eligible facilities out of federal ownership, and (2) facilitates the transfer of such facilities to qualifying entities to promote more efficient management of water and water-related facilities. Defines: (1) "eligible facilities" as reclamation projects or facilities (including dams and appurtenant works, infrastructure, recreational facilities, buildings, distribution and drainage works, and associated land or interests in land or water) for which the United States holds title and that meet the criteria for potential transfer established by this Act; and (2) "qualifying entity" as a state, local government, Indian tribe, municipal or quasi-municipal corporation, or other entity (such as a water district) that has the capacity to continue to manage the conveyed property for the same purposes that the property has been managed under the reclamation laws. Authorizes the Commissioner to convey an eligible facility to a qualifying entity without further authorization from Congress. Grants a qualifying entity that is operating an eligible facility at the time conveyance is being considered the right of first refusal. Authorizes the Commissioner to reserve an easement over a conveyed property if necessary for the management of any interests retained by the federal government. Directs the Commissioner to retain any mineral interests associated with a conveyed property. Requires the Commissioner to: (1) establish criteria for determining whether facilities are eligible for conveyance under this Act, including that the qualifying entity agrees to use the eligible facility for substantially the same purposes the facility is being used for at the time the transfer is being evaluated and that such a conveyance is in the financial interest of the United States; and (2) make information on how the determinations are made publicly available. Terminates the Secretary's authority to carry out such conveyances 15 years after this Act's enactment.

Reclamation Title Transfer Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Land Renewable Energy Development Act''. SEC. 2. DEFINITIONS. In this Act: (1) Covered land.--The term ``covered land'' means land that is-- (A) public land administered by the Secretary; and (B) not excluded from the development of geothermal, solar, or wind energy under-- (i) a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or (ii) other Federal law. (2) Exclusion area.--The term ``exclusion area'' means covered land that is identified by the Bureau of Land Management as not suitable for development of renewable energy projects. (3) Federal land.--The term ``Federal land'' means-- (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))); or (B) public land. (4) Fund.--The term ``Fund'' means the Renewable Energy Resource Conservation Fund established by section 7(c)(1). (5) Priority area.--The term ``priority area'' means covered land identified by the land use planning process of the Bureau of Land Management as being a preferred location for a renewable energy project. (6) Public land.--The term ``public land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (7) Renewable energy project.--The term ``renewable energy project'' means a project carried out on covered land that uses wind, solar, or geothermal energy to generate energy. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) Variance area.--The term ``variance area'' means covered land that is-- (A) not an exclusion area; and (B) not a priority area. SEC. 3. EXTENSION OF FUNDING FOR IMPLEMENTATION OF GEOTHERMAL STEAM ACT OF 1970. (a) In General.--Section 234(a) of the Energy Policy Act of 2005 (42 U.S.C. 15873(a)) is amended by striking ``in the first 5 fiscal years beginning after the date of enactment of this Act'' and inserting ``through fiscal year 2022''. (b) Authorization.--Section 234(b) of the Energy Policy Act of 2005 (42 U.S.C. 15873(b)) is amended-- (1) by striking ``Amounts'' and inserting the following: ``(1) In general.--Amounts''; and (2) by adding at the end the following: ``(2) Authorization.--Effective for fiscal year 2017 and each fiscal year thereafter, amounts deposited under subsection (a) shall be available to the Secretary of the Interior for expenditure, without further appropriation or fiscal year limitation, to implement the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and this Act.''. SEC. 4. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS. (a) Priority Areas.-- (1) In general.--The Secretary, in consultation with the Secretary of Energy, shall establish priority areas on covered land for geothermal, solar, and wind energy projects. (2) Deadline.-- (A) Geothermal energy.--For geothermal energy, the Secretary shall establish priority areas as soon as practicable, but not later than 5 years, after the date of enactment of this Act. (B) Solar energy.--For solar energy, the solar energy zones established by the 2012 western solar plan of the Bureau of Land Management and any subsequent land use plan amendments shall be considered to be priority areas for solar energy projects. (C) Wind energy.--For wind energy, the Secretary shall establish priority areas as soon as practicable, but not later than 3 years, after the date of enactment of this Act. (b) Variance Areas.--To the maximum extent practicable, variance areas shall be considered for renewable energy project development, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)). (c) Review and Modification.--Not less frequently than once every 10 years, the Secretary shall-- (1) review the adequacy of land allocations for geothermal, solar, and wind energy priority and variance areas for the purpose of encouraging new renewable energy development opportunities; and (2) based on the review carried out under paragraph (1), add, modify, or eliminate priority, variance, and exclusion areas. (d) Compliance With the National Environmental Policy Act.--For purposes of this section, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished-- (1) for geothermal energy, by supplementing the October 2008 final programmatic environmental impact statement for geothermal leasing in the western United States; (2) for solar energy, by supplementing the July 2012 final programmatic environmental impact statement for solar energy projects; and (3) for wind energy, by supplementing the July 2005 final programmatic environmental impact statement for wind energy projects. (e) No Effect on Processing Applications.--A requirement to prepare a supplement to a programmatic environmental impact statement under this section shall not result in any delay in processing an application for a renewable energy project. (f) Coordination.--In developing a supplement required by this section, the Secretary shall coordinate, on an ongoing basis, with appropriate State, tribal, and local governments, transmission infrastructure owners and operators, developers, and other appropriate entities to ensure that priority areas identified by the Secretary are-- (1) economically viable (including having access to transmission); (2) likely to avoid or minimize conflict with habitat for animals and plants, recreation, and other uses of covered land; and (3) consistent with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), including subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)). (g) Removal From Classification.--In carrying out subsections (a) through (e), if the Secretary determines an area previously suited for development should be removed from priority or variance classification, not later than 90 days after the date of the determination, the Secretary shall submit to Congress a report on the determination. SEC. 5. ENVIRONMENTAL REVIEW ON COVERED LAND. (a) In General.--If the Secretary determines that a proposed renewable energy project has been sufficiently analyzed by a programmatic environmental impact statement conducted under section 4(d), the Secretary shall not require any additional review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Additional Environmental Review.--If the Secretary determines that additional environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed renewable energy project, the Secretary shall rely on the analysis in the programmatic environmental impact statement conducted under section 4(d), to the maximum extent practicable when analyzing the potential impacts of the project. (c) Relationship to Other Law.--Nothing in this section modifies or supersedes any requirement under applicable law. SEC. 6. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT PERMIT COORDINATION. (a) Establishment.--The Secretary shall establish a program to improve Federal permit coordination with respect to renewable energy projects on covered land. (b) Memorandum of Understanding.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section, including to specifically expedite the environmental analysis of applications for projects proposed in a variance area, with-- (A) the Secretary of Agriculture; and (B) the Assistant Secretary of the Army for Civil Works. (2) State participation.--The Secretary may request the Governor of any interested State to be a signatory to the memorandum of understanding under paragraph (1). (c) Designation of Qualified Staff.-- (1) In general.--Not later than 30 days after the date on which the memorandum of understanding under subsection (b) is executed, all Federal signatories, as appropriate, shall identify for each of the Bureau of Land Management Renewable Energy Coordination Offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in-- (A) consultation regarding, and preparation of, biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); (B) permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344); (C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.); (D) planning under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a); (E) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (F) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); and (G) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Duties.--Each employee assigned under paragraph (1) shall-- (A) be responsible for addressing all issues relating to the jurisdiction of the home office or agency of the employee; and (B) participate as part of the team of personnel working on proposed energy projects, planning, monitoring, inspection, enforcement, and environmental analyses. (d) Additional Personnel.--The Secretary may assign such additional personnel for the Bureau of Land Management Renewable Energy Coordination Offices as are necessary to ensure the effective implementation of any programs administered by the offices, including inspection and enforcement relating to renewable energy project development on covered land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (e) Renewable Energy Coordination Offices.--In carrying out the program established under subsection (a), the Secretary may-- (1) establish additional Bureau of Land Management Renewable Energy Coordination Offices; or (2) temporarily assign the qualified staff designated under subsection (c) to a State, district, or field office of the Bureau of Land Management to expedite the permitting of renewable energy projects. (f) Report to Congress.-- (1) In general.--Not later than February 1 of the first fiscal year beginning after the date of enactment of this Act, and each February 1 thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made under the program established under subsection (a) during the preceding year. (2) Inclusions.--Each report under this subsection shall include-- (A) projections for renewable energy production and capacity installations; and (B) a description of any problems relating to leasing, permitting, siting, or production. SEC. 7. DISPOSITION OF REVENUES. (a) Disposition of Revenues.--Beginning on January 1, 2017, without further appropriation or fiscal year limitation, of the amounts collected as bonus bids, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization (other than under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g))) for the development of wind or solar energy on covered land-- (1) 25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the revenue is derived; (2) 25 percent shall be paid by the Secretary of the Treasury to the one or more counties within the boundaries of which the revenue is derived, to be allocated among the counties based on the percentage of land from which the revenue is derived; (3) to be deposited in the Treasury and be made available to the Secretary to carry out the program established by section 6, including the transfer of the funds by the Bureau of Land Management to other Federal agencies and State agencies to facilitate the processing of renewable energy permits on Federal land, with priority given to using the amounts, to the maximum extent practicable, to expediting the issuance of permits required for the development of renewable energy projects in the States from which the revenues are derived-- (A) 25 percent for each of fiscal years 2016 through 2025; (B) 20 percent for each of fiscal years 2026 through 2030; (C) 15 percent for each of fiscal years 2031 through 2035; and (D) 10 percent for fiscal year 2036 and each fiscal year thereafter; and (4) to be deposited in the Renewable Energy Resource Conservation Fund established by subsection (c)-- (A) 25 percent for each of fiscal years 2016 through 2025; (B) 30 percent for each of fiscal years 2026 through 2030; (C) 35 percent for each of fiscal years 2031 through 2035; and (D) 40 percent for fiscal year 2036 and each fiscal year thereafter. (b) Payments to States and Counties.-- (1) In general.--Amounts paid to States and counties under subsection (a) shall be used consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191). (2) Payments in lieu of taxes.--A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31, United States Code. (c) Renewable Energy Resource Conservation Fund.-- (1) In general.--There is established in the Treasury a fund, to be known as the ``Renewable Energy Resource Conservation Fund'', to be administered by the Secretary, in consultation with the Secretary of Agriculture. (2) Use of funds.--The Secretary may make funds in the Fund available to Federal, State, and tribal agencies to be distributed in regions in which renewable energy projects are located on Federal land, for the purposes of-- (A) restoring and protecting-- (i) fish and wildlife habitat for affected species; (ii) fish and wildlife corridors for affected species; and (iii) water resources in areas affected by wind, geothermal, or solar energy development; and (B) preserving and improving recreational access to Federal land and water in an affected region through an easement, right-of-way, or other instrument from willing landowners for the purpose of enhancing public access to existing Federal land and water that is inaccessible or significantly restricted. (3) Partnerships.--The Secretary may enter into cooperative agreements with State and tribal agencies, nonprofit organizations, and other appropriate entities to carry out the activities described in subparagraphs (A) and (B) of paragraph (2). (4) Investment of fund.-- (A) In general.--Any amounts deposited in the Fund shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. (B) Use.--Any interest earned under subparagraph (A) may be expended in accordance with this subsection. (5) Intent of congress.--It is the intent of Congress that the revenues deposited and used in the Fund shall supplement (and not supplant) annual appropriations for activities described in subparagraphs (A) and (B) of paragraph (2). SEC. 8. SAVINGS CLAUSE. Notwithstanding any other provision of this Act, the Secretary shall continue to manage public land under the principles of multiple use and sustained yield in accordance with title I of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), including due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and conducting environmental reviews.

Public Land Renewable Energy Development Act This bill amends the Energy Policy Act of 2005 to extend through FY2022 the authorization for deposit and use of lease revenues under the Geothermal Steam Act of 1970. Such funds shall be available to the Department of the Interior for FY2017 and afterwards to implement both the Energy Policy Act of 2005 and the Geothermal Steam Act of 1970. Interior shall establish priority areas on covered land (i.e., public land administered by Interior and not excluded under law from the development of geothermal, solar, or wind energy) for geothermal, solar, and wind energy projects. Variance areas shall also be considered for the development of renewable energy projects under this bill, consistent with the principles of multiple use (as defined under the Federal Land Policy and Management Act of 1976). The bill defines "variance area" as covered land that is neither an exclusion area (not suitable for development of renewable energy projects) nor a priority area. Interior shall establish a program to improve federal permit coordination with respect to renewable energy projects carried out on covered land. The bill establishes the Renewable Energy Resource Conservation Fund to make funds available to federal, state, and tribal agencies for distribution in regions in which renewable energy projects are located on federal land for: (1) restoring and protecting fish and wildlife habitat and corridors for affected species and water resources in areas affected by wind, geothermal, or solar energy development; and (2) preserving and improving recreational access to federal land and water in an affected region.

Public Land Renewable Energy Development Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom and Nondiscrimination Act of 2006''. SEC. 2. PURPOSES. The purposes of this Act are to promote competition, to facilitate trade, and to ensure competitive and nondiscriminatory access to the Internet. SEC. 3. AMENDMENTS TO THE CLAYTON ACT. The Clayton Act (15 U.S.C. 12 et seq.) is amended-- (1) by redesignating section 28 as section 29, (2) by inserting after section 27 the following: ``discrimination by broadband network providers ``Sec. 28. (a) It shall be unlawful for any broadband network provider-- ``(1) to fail to provide its broadband network services on reasonable and nondiscriminatory terms and conditions such that any person can offer or provide content, applications, or services to or over the network in a manner that is at least equal to the manner in which the provider or its affiliates offer content, applications, and services, free of any surcharge on the basis of the content, application, or service; ``(2) to refuse to interconnect its facilities with the facilities of another provider of broadband network services on reasonable and nondiscriminatory terms or conditions; ``(3)(A) to block, to impair, to discriminate against, or to interfere with the ability of any person to use a broadband network service to access, to use, to send, to receive, or to offer lawful content, applications or services over the Internet; or ``(B) to impose an additional charge to avoid any conduct that is prohibited by this subsection; ``(4) to prohibit a user from attaching or using a device on the provider's network that does not physically damage or materially degrade other users' utilization of the network; or ``(5) to fail to clearly and conspicuously disclose to users, in plain language, accurate information concerning any terms, conditions, or limitations on the broadband network service. ``(b) If a broadband network provider prioritizes or offers enhanced quality of service to data of a particular type, it must prioritize or offer enhanced quality of service to all data of that type (regardless of the origin or ownership of such data) without imposing a surcharge or other consideration for such prioritization or enhanced quality of service. ``(c) Nothing in this section shall be construed to prevent a broadband network provider from taking reasonable and nondiscriminatory measures-- ``(1) to manage the functioning of its network, on a systemwide basis, provided that any such management function does not result in discrimination between content, applications, or services offered by the provider and unaffiliated provider; ``(2) to give priority to emergency communications; ``(3) to prevent a violation of a Federal or State law, or to comply with an order of a court to enforce such law; ``(4) to offer consumer protection services (such as parental controls), provided that a user may refuse or disable such services; ``(5) to offer special promotional pricing or other marketing initiatives; or ``(6) to prioritize or offer enhanced quality of service to all data of a particular type (regardless of the origin or ownership of such data) without imposing a surcharge or other consideration for such prioritization or quality of service. ``(d) For purposes of this section-- ``(1) the term `affiliate' means-- ``(A) a person that directly or indirectly owns, controls, is owned or controlled by, or is under the common ownership or control with another person; or ``(B) a person that has a contract or other arrangement with a content or service provider concerning access to, or distribution of, such content or such service; ``(2) the term `broadband network provider' means a person engaged in commerce that owns, controls, operates, or resells any facility used to provide broadband network service to the public, by whatever technology and without regard to whether provided for a fee, in exchange for an explicit benefit, or for free; ``(3) the term `broadband network service' means a 2-way transmission service that connects to the Internet and transmits information at an average rate of at least 200 kilobits per second in at least one direction, irrespective of whether such transmission is provided separately or as a component of another service; and ``(4) the term `user' means a person who takes and uses broadband network service, whether provided for a fee, in exchange for an explicit benefit, or for free.'', and (3) by amending subsection (a) and the 1st sentence of subsection (b) of section 11 by striking ``and 8'' and inserting ``8, and 28''.

Internet Freedom and Nondiscrimination Act of 2006 - Amends the Clayton Act to prohibit any broadband network provider from: (1) failing to provide its services on reasonable and nondiscriminatory terms; (2) refusing to interconnect its facilities with those of another service provider on reasonable and nondiscriminatory terms; (3) blocking, impairing, discriminating against, or interfering with any person's ability to use a broadband network service to access or offer lawful content, applications, or services over the Internet (or imposing an additional charge to avoid such prohibited conduct); (4) prohibiting a user from attaching or using a device on the provider's network that does not physically damage or materially degrade other users' utilization of the network; or (5) failing to clearly and conspicuously disclose to users accurate information concerning service terms. Requires a provider that prioritizes or offers enhanced quality of service to data of a particular type to prioritize or offer enhanced quality of service to all data of that type without imposing a surcharge or other consideration. Permits a provider to take reasonable and nondiscriminatory measures to: (1) manage the functioning of its network and services; (2) give priority to emergency communications; (3) prevent a violation of federal or state law; (4) offer consumer protection services; (5) offer special promotional pricing or other marketing initiatives; or (6) prioritize or offer enhanced quality of service to all data of a particular type without imposing a surcharge or other consideration.

To amend the Clayton Act with respect to competitive and nondiscriminatory access to the Internet.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Fresh Regional Eating for Schools and Health Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--INCREASING ACCESS TO HEALTHY FOOD FOR FAMILIES Sec. 101. Supplemental nutrition assistance program. Sec. 102. Smartphone and tablet technology; qualified online retailers. Sec. 103. Local foods. Sec. 104. Alternative forms of training for retail stores to provide supplemental foods under WIC program. TITLE II--INCREASING ACCESS TO CREDIT FOR SMALL AND NEW FARMERS Sec. 201. Loans for agricultural producers. TITLE I--INCREASING ACCESS TO HEALTHY FOOD FOR FAMILIES SEC. 101. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) Nutritional Value of Food.--Section 17(b)(1)(B)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)(ii)) is amended-- (1) in subclause (III), by striking ``or'' at the end; (2) in subclause (IV), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(V) provide a reasonable expectation that the nutritional value of food purchased with supplemental nutrition assistance program benefits will increase or will assist supplemental nutrition assistance program beneficiaries in meeting Federal nutrition guidelines, on the conditions that-- ``(aa) in order to promote the development of innovative locally developed projects that appeal to agricultural producers, supplemental nutrition assistance program beneficiaries, anti-hunger advocates, and public health groups, a State that applies for waivers under this subclause shall solicit substantial public input for a period of not less than 90 days; and ``(bb) a waiver under this subclause shall not reduce the eligibility for, or amount of, benefits available to recipients under this Act.''. (b) Reporting Requirements.--Section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013) is amended by adding at the end the following: ``(d) Reporting Requirements.-- ``(1) Retail food store.--Not later than March 31 of each year, the owner of any 1 or more retail food store that has annual gross sales in excess of $1,000,000 resulting from the sale of food in exchange for any benefits under the supplemental nutrition assistance program shall prepare and submit to the Secretary a report listing any food purchased by any individual with any benefits under the supplemental nutrition program during the previous calendar year. ``(2) Secretary.--Not later than 90 days after the date on which the report described in paragraph (1) is submitted, the Secretary shall prepare and submit to Congress a report compiling the data listed in any report submitted under paragraph (1).''. SEC. 102. SMARTPHONE AND TABLET TECHNOLOGY; QUALIFIED ONLINE RETAILERS. (a) Smartphone and Tablet Technology.-- (1) SNAP.--Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended-- (A) by redesignating the second paragraph (12) (relating to interchange fees) as paragraph (13); and (B) by adding at the end the following: ``(14) Smartphone and tablet technology.-- ``(A) In general.--Not later than 180 days after the date of enactment of this paragraph, the Secretary, in consultation with organizations representing the electronics payments industry, shall issue recommendations to States on the use and implementation of smartphone and tablet technology for acceptance of electronic benefit transfers under the supplemental nutrition assistance program. ``(B) Implementation.--Not later than 180 days after the date of issuance of recommendations under subparagraph (A) or as of the date of the next electronic benefit transfer contract renewal of the State, as a condition of participation in the program, each State shall ensure that the prime contractors of the State responsible for electronic benefit transfer services and training shall make such modifications as are necessary to implement smartphone and tablet technology for acceptance of electronic benefit transfers under the supplemental nutrition assistance program in that State.''. (2) WIC.--Section 17(h)(12) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(12)) is amended by adding at the end the following: ``(H) Smartphone and tablet technology.-- ``(i) In general.--Not later than 90 days after the date of enactment of this subparagraph, the Secretary shall issue recommendations to State agencies on the use and implementation of smartphone and tablet technology for acceptance of electronic benefit transfers under the program. ``(ii) Implementation.--Not later than 180 days after the date of issuance of recommendations under clause (i), as a condition of participation in the program, each State agency shall ensure that the prime contractors of the State responsible for electronic benefit transfer services and training shall make such modifications as are necessary to implement smartphone and tablet technology for acceptance of electronic benefit transfers under the program in that State.''. (b) Qualified Online Retailers.--Section 3(p) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) an online food retailer that meets the requirements described in paragraph (1), except that benefits under the supplemental nutrition assistance program may not be used to pay for any delivery fees from the online food retailer.''. SEC. 103. LOCAL FOODS. Section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755) is amended by adding at the end the following: ``(f) Local Foods.-- ``(1) In general.--Notwithstanding any other provision of this section or other law, of the funds made available to the Secretary during a fiscal year for direct expenditure by the Secretary for agricultural commodities and other foods to be distributed under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than funds made available under section 10603 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 612c-4) or section 4404 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 612c-5)), the Secretary shall make available 50 percent of those funds each fiscal year to schools and school food authorities participating in the food service programs under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to purchase directly local foods for use in the food service programs. ``(2) Impact on specialty crops.--If the Secretary determines that the requirement under paragraph (1) is negatively impacting the purchase of specialty crops for distribution under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary may require that schools and school food authorities, as a condition on the receipt of funds under paragraph (1), use the funds to purchase local specialty crops.''. SEC. 104. ALTERNATIVE FORMS OF TRAINING FOR RETAIL STORES TO PROVIDE SUPPLEMENTAL FOODS UNDER WIC PROGRAM. Section 17(f)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)) is amended-- (1) in clause (x), by striking ``and'' after the semicolon at the end; (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: ``(xi) a plan to allow retail stores to receive alternate forms of training (including through videoconferencing) from the State agency to obtain authorization to provide supplemental foods under the program; and''. TITLE II--INCREASING ACCESS TO CREDIT FOR SMALL AND NEW FARMERS SEC. 201. LOANS FOR AGRICULTURAL PRODUCERS. (a) Direct Farm Ownership Loans.--Section 302(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(b)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``or has obtained a baccalaureate degree related to farm management (including horticulture and agricultural business management)'' after ``not less than 3 years''; and (2) by adding at the end the following: ``(4) Suspension of limitation on period for which borrowers are eligible for direct farm ownership loans.-- Beginning on the date of enactment of this paragraph, subparagraph (C) of paragraph (1) and subparagraphs (B) and (C) of paragraph (3) shall have no force or effect.''. (b) Eligibility of Food Banks and Other Nonprofit Hunger Assistance Organizations for Operating Loans.--Section 311(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(a)) is amended by striking ``and limited liability companies'' each place it appears and inserting ``limited liability companies, and food banks and other nonprofit hunger assistance organizations''. (c) Suspension of Limitation on Period for Which Borrowers Are Eligible for Direct Operating Loans; Microloan Program.--Section 311(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c)) is amended-- (1) in paragraph (1), in the matter preceding subparagraph (A), by striking ``and (4)'' and inserting ``through (5)''; and (2) by adding at the end the following: ``(5) Suspension of limitation on period for which borrowers are eligible for direct operating loans.--Beginning on the date of enactment of this paragraph, subparagraph (C) of paragraph (1) shall have no force or effect. ``(6) Microloan program.-- ``(A) In general.--Not later than 180 days after the date of enactment of this paragraph, the Secretary shall establish a microloan program within the operating loan program established under this subtitle. ``(B) Loan amount.--Each loan issued under the program shall be in an amount of not less than $500 and not more than $5,000. ``(C) Loan processing.--The Secretary shall process any loan application submitted under the program not later than 30 days after the date on which the application was submitted. ``(D) Expediting applications.--The Secretary shall take any measure the Secretary determines necessary to expedite any application submitted under the program. ``(E) Paperwork reduction.--The Secretary shall take measures to reduce any paperwork requirements for loans under the program.''. (d) Suspension of Limitation on Period for Which Borrowers Are Eligible for Guaranteed Assistance.--Section 5102 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1949 note; Public Law 107- 171) is amended by striking ``During the period beginning January 1, 2002, and ending December 31, 2010,'' and inserting ``Beginning January 1, 2002,''.

Fresh Regional Eating for Schools and Health Act of 2011 - Amends the Food and Nutrition Act of 2008 (formerly known as the Food Stamp Act of 1977) regarding the supplemental nutrition assistance program (SNAP, formerly food stamp program) to: (1) authorize pilot programs that will assist SNAP beneficiaries in meeting federal nutrition guidelines and promote innovative local projects, (2) implement smartphone and tablet technology for acceptance of electronic benefit transfers, (3) require retail stores with gross annual SNAP sales in excess of $1 million to report food purchased by program recipients to the Department of Agriculture (USDA), and (4) include qualifying online food retailers within SNAP. Amends the Child Nutrition Act of 1966 regarding the special supplemental nutrition program for women, infants, and children program (WIC) to: (1) implement smartphone and tablet technology for acceptance of electronic benefit transfers; and (2) permit retail stores to receive alternative program training, including through videoconferencing. Amends the Richard B. Russell National School Lunch Act to permit schools to use 50% of USDA funds for agricultural commodities to purchase locally grown food for food service programs under such Act and the Child Nutrition Act of 1966. Amends the Consolidated Farm and Rural Development Act regarding direct agricultural real estate loans to: (1) extend eligibility to a new farmer who has obtained a baccalaureate degree related to farm management (including horticulture and agricultural business management), and (2) suspend loan time limits. Amends the Consolidated Farm and Rural Development Act to extend operating loan eligibility to food banks and other nonprofit hunger assistance organizations.

A bill to amend the Food and Nutrition Act of 2008, the Richard B. Russell National School Lunch Act, and the Child Nutrition Act of 1966 to increase access to healthy food for families, to amend the Consolidated Farm and Rural Development Act and the Farm Security and Rural Investment Act of 2002 to increase access to credit for small and new farmers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Leasing Amendments Act of 2005''. SEC. 2. FINANCIAL ASSURANCES WITH RESPECT TO BONUS BIDS. Section 2(a) of the Mineral Leasing Act (30 U.S.C. 201(a)) is amended by adding at the end the following: ``(4)(A) The Secretary shall not require a surety bond or any other financial assurance to guarantee payment of deferred bonus bid installments with respect to any coal lease issued on a cash bonus bid to a lessee or successor in interest having a history of a timely payment of noncontested coal royalties and advanced coal royalties in lieu of production (where applicable) and bonus bid installment payments. ``(B) The Secretary may waive any requirement that a lessee provide a surety bond or other financial assurance for a coal lease issued before the date of enactment of this paragraph only if the Secretary determines that the lessee has a history of making the timely payments described in subparagraph (A). ``(5) Notwithstanding any other provision of law, if the lessee under a coal lease fails to pay any installment of a deferred cash bonus bid within 10 days after the Secretary provides written notice that payment of the installment is past due-- ``(A) the lease shall automatically terminate; and ``(B) any bonus payments already made to the United States with respect to the lease shall not be returned to the lessee or credited in any future lease sale.''. SEC. 3. MINING PLANS. Section 2(d)(2) of the Mineral Leasing Act (30 U.S.C. 202a(2)) is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding at the end the following: ``(B) The Secretary may establish a period of more than 40 years if the Secretary determines that the longer period-- ``(i) will ensure the maximum economic recovery of a coal deposit; or ``(ii) is in the interest of the orderly, efficient, or economic development of a coal resource.''. SEC. 4. REPEAL OF THE 160-ACRE LIMITATION FOR COAL LEASES. Section 3 of the Mineral Leasing Act (30 U.S.C. 203) is amended in the first sentence by striking ``such lease,'' and all that follows through the period at the end and inserting ``the lease.''. SEC. 5. PAYMENT OF ADVANCE ROYALTIES UNDER COAL LEASES. (a) In General.--Section 7 of the Mineral Leasing Act of 1920 (30 U.S.C. 207) is amended by striking subsection (b) and inserting the following: ``(b)(1) Each lease shall be subject to the condition of diligent development and continued operation of the mine, except in cases in which operations under the lease are interrupted by strikes, the elements, or casualties not attributable to the lessee. ``(2)(A) The Secretary of the Interior may suspend the condition of continued operation on the payment of advance royalties if the Secretary of the Interior determines that the suspension is in the public interest. ``(B) The amount of advance royalties to be paid under subparagraph (A) shall be determined based on-- ``(i)(I) the average price in the spot market for sales of coal from the same region during the last month of each applicable continued operation year; or ``(II) if there is no spot market for coal from the same region, a comparable method established by the Secretary of the Interior to capture the commercial value of coal; and ``(ii) based on commercial quantities, as defined by regulations issued by the Secretary of the Interior. ``(C) Advance royalties may be accepted in lieu of the condition of continued operation for not more than a total of 20 years during the initial term and any extended terms of a lease. ``(3)(A) Subject to subparagraph (B), the amount of a production royalty paid for any year shall be reduced by the amount of any advance royalties paid under the lease to the extent that the advance royalties have not been used to reduce production royalties for a prior year. ``(B) The amount of a production royalty shall not be reduced below zero. ``(4) This subsection applies to any lease or logical mining unit that is-- ``(A) in existence on the date of enactment of this paragraph; or ``(B) issued or approved after the date of enactment of this paragraph. ``(5) Nothing in this subsection affects the requirement in the second sentence of subsection (a) relating to commencement of production at the end of 10 years.''. (b) Authority to Waive, Suspend, or Reduce Advance Royalties.-- Section 39 of the Mineral Leasing Act (30 U.S.C. 209) is amended by striking the last sentence. SEC. 6. ELIMINATION OF DEADLINE FOR SUBMISSION OF COAL LEASE OPERATION AND RECLAMATION PLAN. Section 7(c) of the Mineral Leasing Act (30 U.S.C. 207(c)) is amended in the first sentence by striking ``and not later than three years after a lease is issued,''. SEC. 7. INVENTORY REQUIREMENT. (a) Definitions.--In this section: (1) Compliant coal.--The term ``compliant coal'' means coal that contains not less than 1.0 and not more than 1.2 pounds of sulfur dioxide per million Btu. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Supercompliant coal.--The term ``supercompliant coal'' means coal that contains less than 1.0 pounds of sulfur dioxide per million Btu. (b) Review of Assessments; Inventory.--The Secretary, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall review coal assessments and other available data for purposes of preparing an inventory that identifies-- (1) public land with coal resources; (2) the extent and nature of any restrictions or impediments to the development of coal resources on the public land identified under paragraph (1); and (3) with respect to areas of the identified public land for which sufficient data exists, resources of compliant coal and supercompliant coal. (c) Completion and Updates of Inventory.-- (1) Completion.--Not later than 2 years after the date of enactment of this Act, the Secretary shall complete the inventory required under subsection (b). (2) Updates.--The Secretary shall update the inventory prepared under subsection (b) as the availability of data and developments in technology warrant. (d) Report.--The Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate and make publicly available-- (1) on completion of the inventory required under subsection (b), a report that includes the inventory; and (2) any updates of the inventory prepared under subsection (c)(2). SEC. 8. APPLICATION OF AMENDMENTS. The amendments made by this Act apply with respect to any coal lease issued before, on, or after the date of enactment of this Act.

Coal Leasing Amendments Act of 2005 - Amends the Mineral Leasing Act to prohibit the Secretary of the Interior from requiring a surety bond or any other financial assurance to guarantee payment of deferred bonus bid installments regarding any coal lease issued on a cash bonus bid to certain lessees or successors in interest having a history of timely payments of noncontested coal royalties and advanced coal royalties in lieu of production (where applicable) and bonus bid installment payments. Authorizes the Secretary to establish a mining plan period of more than 40 years upon a determination that the longer period: (1) will ensure the maximum economic recovery of a coal deposit; or (2) is in the interest of the orderly, efficient, or economic development of a coal resource. Repeals the 160-acre limitation placed upon coal leases. Revises the statutory formula for the payment of advance royalties. Extends from ten years to twenty years the lease term for which advance royalties may be accepted in lieu of the condition of continued operation. Eliminates the deadline for submission of a coal lease operation and reclamation plan. Requires the Secretary to review and identify for Congress coal assessments on public lands and the restrictions or impediments to development of those resources.

A bill to amend the Mineral Leasing Act to promote the development of Federal coal resources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Gifts Accountability Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There is no clear accountability for Presidential gifts, since multiple lists of such gifts are separately maintained by different Federal agencies, including by the White House Gifts Unit, the National Park Service, and the National Archives and Records Administration. (2) House Report 107-768, ``Problems with the Presidential Gifts System'', presents additional information about the complexity of and problems with the current system. (3) The lack of a consolidated record of the receipt, administration, and disposition of Presidential gifts creates confusion about the status of some of those gifts. (4) Requiring the National Archives and Records Administration to maintain an inventory of Presidential gifts would eliminate such confusion and ensure accountability. SEC. 3. INVENTORY OF PRESIDENTIAL GIFTS. (a) In General.--Chapter 22 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 2208. Inventory of Presidential gifts ``(a) The Archivist shall maintain a current inventory of all Presidential gifts. ``(b) The inventory shall include, with respect to each Presidential gift, the following information: ``(1) The date of receipt by the Federal Government. ``(2) A description. ``(3) The estimated cost or appraised value. ``(4) The donor. ``(5) Any indication of whether the intent of the donor was to make the gift to the United States or to the President personally. ``(6) The current location and status of the gift, including identification of the Federal agency or other person having control of the gift. ``(c) The head of a Federal office or agency, including any unit in the Executive Office of the President, having possession of any record containing information regarding the receipt, location, control, or disposition of a Presidential gift shall, upon receipt of such information, report such information to the Archivist in accordance with regulations issued by the Archivist under this section. ``(d)(1) The Archivist shall make available to the public, upon request, any information in the inventory maintained under this section. ``(2)(A) With respect to each Presidential gift in a year from any person who makes Presidential gifts in the year having a cumulative value of $100 or more, the Archivist shall disclose to the public by not later than May 15 of the succeeding year the following information: ``(i) The date of receipt by the Federal Government. ``(ii) A description. ``(iii) The estimated cost or appraised value. ``(iv) The donor and the donor's employer. ``(v) The circumstance under which the gift was made. ``(B) Subparagraph (A) shall not apply with respect to any gift from a foreign government (as that term is defined in section 7342(a) of title 5). ``(e) The Archivist shall report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives each disposition of a Presidential gift other than a gift having a value of less than $100. ``(f)(1) The Archivist shall issue regulations implementing this section. ``(2) The Archivist may not issue any nonbinding guidance for purposes of this section. ``(g) In this section: ``(1) The term `gift' has the meaning that term has under section 109 of the Ethics in Government Act of 1978. ``(2) The term `Presidential gift'-- ``(A) subject to subparagraph (B), means any gift to or for the benefit of-- ``(i) the President personally, the spouse of the President, or any dependent child of the President; ``(ii) the President in his or her official capacity; ``(iii) the Executive Residence at the White House; or ``(iv) a Presidential archival depository (as that term is used in chapter 21); and ``(B) does not include a gift from a relative of an individual to whom the gift is made. ``(3) The term `relative', with respect to an individual-- ``(A) means another individual-- ``(i) who is related to the individual concerned, as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, or ``(ii) who is the grandfather or grandmother of the spouse of the individual concerned; and ``(B) includes the fiance or fiancee of the individual concerned.''. (b) Clerical Amendment.--The table of sections for chapter 22 of title 44, United States Code, is amended by adding at the end the following: ``2208. Inventory of Presidential gifts.''. SEC. 4. RESTRICTIONS RELATING TO GIFTS TO THE PRESIDENT OR SPOUSE OF THE PRESIDENT. Title I of the Ethics in Government Act of 1978 (5 App. U.S.C.) is amended by adding at the end the following: ``restrictions relating to gifts to the president or spouse of the president. ``Sec. 112. (a) The President, and the spouse of the President, may not-- ``(1) accept any gift of stock in a corporation or any gift certificate; ``(2) accept gifts from a single source in a year having a cumulative value greater than $1,000, except a personalized, honorific award; ``(3) accept any gift in the period beginning on the date of any presidential election occurring in the President's term of office and ending on the date of the beginning of the next presidential term of office, unless the President is reelected to serve as President for that next term; ``(4) solicit or coordinate the making of any gift to the President or the spouse of the President; or ``(5) seek to have any other person solicit or coordinate the making of any gift to the President or the spouse of the President. ``(b) An individual elected as President, and the spouse of the individual, may not accept any gift in the period beginning on the date of the election of the individual as President and ending on the date of the beginning of the next presidential term of office. ``(c) Any gift that a President, individual elected as President, or spouse is prohibited from accepting under this section-- ``(1) shall be returned to the person making the gift, by not later than 90 days after the date the gift is made; or ``(2) if not returned within that period-- ``(A) shall be the property of the United States; and ``(B) shall not be deposited in a Presidential archival depository, as that term is used in chapter 21 of title 44, United States Code. ``(d) This section does not apply with respect to any gift from a foreign government (as that term is defined in section 7342(a) of title 5) or from a relative of an individual to whom the gift is made.''.

Presidential Gifts Accountability Act - Directs the Archivist of the United States to maintain a current inventory of all presidential gifts.Requires the head of a Federal office or agency to report to the Archivist any information regarding a presidential gift.Requires the Archivist to: (1) make inventory information available to the public; (2) disclose to the public additional information regarding each gift from any person who makes presidential gifts in a year having a cumulative value of $100 or more; and (3) report to specified congressional committees on each disposition of a gift other than a gift from a relative or a gift having a value of less than $100.Amends the Ethics in Government Act of 1978 to prohibit the President and any spouse from: (1) accepting any gift of stock in a corporation or any gift certificate; (2) accepting gifts from a single source in a year having a cumulative value greater than $1,000, except a personalized, honorific award; (3) accepting any gift beginning on the date of a presidential election occurring during the President's term and ending on the date of the beginning of the next presidential term, unless the President is reelected for that next term; or (4) soliciting or coordinating, or seeking another to solicit or coordinate, the making of any gift to the President or spouse. Requires any gift wrongfully accepted to be returned or to become property of the United States and not deposited in a presidential archival depository. Makes this section inapplicable with respect to gifts from a foreign government or a relative.

To amend title 44, United States Code, to direct the Archivist of the United States to maintain an inventory of all gifts received from domestic sources for the President, the Executive Residence at the White House, or a Presidential archival depository.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Guarantee Act of 1998''. SEC. 2. ACCESS TO NEEDED PRESCRIPTION DRUGS. (a) Group Health Plans.-- (1) Amendments to the public health service act.-- (A) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2706. ACCESS TO NEEDED PRESCRIPTION DRUGS. ``(a) Requirement.--If a group health plan, or health insurance issuer that offers health insurance coverage in connection with a group health plan, provides benefits with respect to prescription drugs but the plan or coverage limits such benefits to (or provides more favorable benefits with respect to) drugs included in a formulary, the plan or issuer shall-- ``(1) upon request, make available to the public in printed form a description of the nature of any formulary restrictions; and ``(2) provide for exceptions from the formulary restrictions limitation when the plan or beneficiary's physician, subject to reasonable review by the plan or issuer, determines that a non-formulary alternative is medically beneficial based on a therapeutic difference to the patient involved. ``(b) Increase Copayments Permitted for Non-Formulary Drugs.--If a participating physician prescribes a non-formulary alternative prescription drug, a group health plan, or health insurance issuer may increase the copayment rate for such alternative to twice the rate applicable to comparable prescription drugs included in the formulary. ``(c) Coverage of Approved Drugs.--A group health plan (or health insurance coverage offered in connection with such a plan) that provides any coverage of prescription drugs shall not deny coverage of such a drug if the use is included in the labeling authorized by the application in effect for the drug pursuant to subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act; or under subsection (f) of such section, or an application approved under section 515 of such Act. ``(d) Nondiscrimination.--A group health plan, or health insurance issuer that offers health insurance coverage, shall not discriminate in participation, reimbursement, or indemnification against a health professional, who is acting within the scope of the health professional's license or certification under applicable State law, solely based on the extent, type, or pattern of prescription drugs. ``(e) Any Willing Pharmacist.--A group health plan, or health insurance issuer that offers health insurance coverage, shall not exclude a pharmacist from its network of providers if such pharmacist is willing to enter into a contract with the plan or issuer to provide drugs at the rate prescribed by the plan or issuer. ``(f) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(f) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Conforming amendment.--Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) Amendments to the employee retirement income security act of 1974.-- (A) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 713. ACCESS TO NEEDED PRESCRIPTION DRUGS. ``(a) Requirement.--If a group health plan, or health insurance issuer that offers health insurance coverage in connection with a group health plan, provides benefits with respect to prescription drugs but the plan or coverage limits such benefits to (or provides more favorable benefits with respect to) drugs included in a formulary, the plan or issuer shall-- ``(1) upon request, make available to the public in printed form a description of the nature of any formulary restrictions; and ``(2) provide for exceptions from the formulary restrictions limitation when the plan or beneficiary's physician, subject to reasonable review by the plan or issuer, determines that a non-formulary alternative is medically beneficial based on a therapeutic difference to the patient involved. ``(b) Increase Copayments Permitted for Non-Formulary Drugs.--If a participating physician prescribes a non-formulary alternative prescription drug, a group health plan, or health insurance issuer may increase the co-payment rate for such alternative to twice the rate applicable to comparable prescription drugs included in the formulary. ``(c) Coverage of Approved Drugs.--A group health plan (or health insurance coverage offered in connection with such a plan) that provides any coverage of prescription drugs shall not deny coverage of such a drug if the use is included in the labeling authorized by the application in effect for the drug pursuant to subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act; or under subsection (f) of such section, or an application approved under section 515 of such Act. ``(d) Nondiscrimination.--A group health plan, or health insurance issuer that offers health insurance coverage, shall not discriminate in participation, reimbursement, or indemnification against a health professional, who is acting within the scope of the health professional's license or certification under applicable State law, solely based on the extent, type, or pattern of prescription drugs. ``(e) Any Willing Pharmacist.--A group health plan, or health insurance issuer that offers health insurance coverage, shall not exclude a pharmacist from its network of providers if such pharmacist is willing to enter into a contract with the plan or issuer to provide drugs at the rate prescribed by the plan or issuer. ``(f) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Conforming and clerical amendments.--(i) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (iii) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Access to needed prescription drugs.''. (b) Individual Health Insurance.-- (1) In general.--Subpart 3 of part B of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2752. ACCESS TO NEEDED PRESCRIPTION DRUGS. ``(a) In General.--The provisions of section 2706 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(f) 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) Conforming amendment.--Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (d) Effective Dates.-- (1) Group market reforms.-- (A) In general.--The amendments made by subsection (a) shall apply with respect to plan years beginning on or after January 1, 1999. (B) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before such date, the amendments made by such subsections shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1, 1999. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by such clause shall not be treated as a termination of such collective bargaining agreement. (2) Individual market amendments.--The amendments made by subsection (c) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 1999. (e) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986''.

Prescription Guarantee Act of 1998 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, or a health insurance issuer offering coverage in connection with a group plan, if it covers prescription drugs but limits benefits to (or provides more favorable benefits for) drugs in a formulary, to: (1) make available to the public on request a description of the formulary restrictions; and (2) provide for restriction exceptions when the plan or beneficiary's physician, subject to reasonable plan or issuer review, determines that a non-formulary alternative is medically beneficial based on a therapeutic difference to the patient involved. Allows copayment doubling for nonformulary drugs. Prohibits a plan that provides prescription drug coverage from denying coverage of a drug if the use is included in the labeling authorized under specified provisions of the Federal Food, Drug, and Cosmetic Act. Prohibits a plan or issuer from discriminating against a health professional based on the extent, type, or pattern of prescription drugs. Prohibits a plan or issuer from excluding a pharmacist from its network if the pharmacist is willing to enter into a contract to provide drugs at the rate prescribed by the plan or issuer. Amends the Public Health Service Act to apply the above requirements to issuers offering coverage in the individual market. Amends the Health Insurance Portability and Accountability Act of 1996 to modify requirements regarding coordination by the Secretaries of the Treasury, Health and Human Services, and Labor regarding regulations, rulings, interpretations, and policies relating to the Act.

Prescription Guarantee Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Lung Consolidation of Administrative Responsibility Act''. SEC. 2. TRANSFER OF PART B BLACK LUNG BENEFIT RESPONSIBILITIES FROM COMMISSIONER OF SOCIAL SECURITY TO SECRETARY OF LABOR. (a) In General.--Part B of the Black Lung Benefits Act (30 U.S.C. 921 et seq.) other than section 415(b) (30 U.S.C. 925(b)) is amended by striking ``Commissioner of Social Security'' each place such term appears and inserting ``Secretary''. (b) Conforming Amendments.-- (1) Section 402 of such Act (30 U.S.C. 902) is amended-- (A) in subsection (c), by striking ``where used in part C'' and inserting ``, except where expressly otherwise provided,''; (B) in subsection (f)(1), by inserting after ``Secretary of Health, Education, and Welfare'' the following: ``, which were in effect on the date of enactment of the Black Lung Consolidation of Administrative Responsibilities Act,''; (C) in subsection (f)(2)-- (i) by striking ``which is subject to review by the Secretary of Health, Education, and Welfare,'' and inserting ``arising under part B''; and (ii) by striking the comma after ``Secretary of Labor''; and (D) in subsection (i), by amending paragraph (1) to read as follows: ``(1) for benefits under part B that was denied by the official responsible for administration of such part; or''. (2) Section 413(b) of such Act (30 U.S.C. 923(b)) is amended by striking ``In carrying out the provisions of this part'' and all that follows through ``Social Security Act, but no'' and inserting ``No''. (3) Section 415 of such Act (30 U.S.C. 925) is amended-- (A) in subsection (a)-- (i) by striking paragraph (2); (ii) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and (iii) in paragraph (4) (as so redesignated), by striking ``paragraph 4'' and inserting ``paragraph (2)''; and (B) in subsection (b), by striking ``, after consultation with the Commissioner of Social Security,''. (4) Section 426 of such Act (30 U.S.C. 936) is amended-- (A) in subsection (a), by striking ``, the Commissioner of Social Security,''; and (B) in subsection (b), by amending the first sentence to read as follows: ``At the end of fiscal year 2003 and each succeeding fiscal year, the Secretary of Labor shall submit to the Congress an annual report on the subject matter of parts B and C of this title.''. (5) Public Law 94-504 (30 U.S.C. 932a) is amended by striking ``under part C'' and inserting ``under part B or part C''. (c) Repeal of Obsolete Provisions.--The following provisions of law are repealed: (1) Section 435 of the Black Lung Benefits Act (30 U.S.C. 945). (2) Sections 11 and 19 of the Black Lung Benefits Reform Act of 1977 (30 U.S.C. 924a, 904). SEC. 3. TRANSITIONAL PROVISIONS. (a) Applicability.--This section shall apply to the transfer of all functions relating to the administration of part B of subchapter IV (30 U.S.C. 901 et seq.) from the Commissioner of Social Security (hereinafter in this section referred to as the ``Commissioner'') to the Secretary of Labor, as provided by this Act. (b) Transfer of Assets, Liabilities, etc.-- (1) The Commissioner shall transfer to the Secretary of Labor all property and records that the Director of the Office of Management and Budget determines relate to the functions transferred to the Secretary of Labor by this Act or amendments made by this Act. (2) Section 1531 of title 31, United States Code, shall apply in carrying out this Act and amendments made by this Act, except that, for purposes of carrying out this Act and amendments made by this Act, the functions of the President under section 1531(b) shall be performed by the Director of the Office of Management and Budget unless otherwise directed by the President. (c) Continuation of Orders, Determinations, etc.-- (1) This Act shall not affect the validity of any order, determination, rule, regulation, operating procedure (to the extent applicable to the Secretary of Labor), or contract that-- (A) relates to a function transferred by this Act; and (B) is in effect on the date this Act takes effect. (2) Any order, determination, rule, regulation, operating procedure, or contract described in paragraph (1) shall-- (A) apply on and after the effective date of this Act to the Secretary of Labor; and (B) continue in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law. (d) Continuation of Administrative Proceedings.-- (1) Any proceeding before the Commissioner involving the functions transferred by this Act that is pending on the date this Act takes effect shall continue before the Secretary of Labor, except as provided in paragraph (2). (2) Any proceeding pending before an Administrative Law Judge or the Appeals Council pursuant to part B and the applicable regulations of the Secretary of Health and Human Services shall continue before the Commissioner consistent with the following provisions: (A) Any proceeding described in this paragraph shall continue as if this Act had not been enacted, and shall include all rights to hearing, administrative review, and judicial review available under part B and the applicable regulations of the Secretary of Health and Human Services. (B) Any decision, order, or other determination issued in any proceeding described in this subsection shall apply to the Secretary of Labor and continue in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law. (C) Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (3) Any proceeding before the Secretary of Labor involving the functions transferred by this Act shall be subject to the statutory requirements for notice, hearing, action upon the record, administrative review, and judicial review that apply to similar proceedings before the Commissioner conducted prior to the enactment of this Act. (e) Continuation of Actions and Causes of Action.-- (1) Except as provided in paragraphs (2) and (3), this Act shall not abrogate, terminate, or otherwise affect any action or cause of action, that-- (A) relates to a function transferred by this Act; and (B) is pending or otherwise in existence on the date this Act takes effect. (2) Any action pending before the Commissioner or any court on the date this Act takes effect that involves a function transferred by this Act shall continue before the Commissioner or court consistent with the following provisions: (A) Any proceeding described in this paragraph shall continue as if this Act had not been enacted. (B) Any decision, order, or other determination issued in any proceeding subject to this paragraph shall apply to the Secretary of Labor and continue in effect, according to its terms, until it is modified, superseded, terminated, or otherwise deprived of legal effect by the Secretary of Labor, a court of competent jurisdiction, or operation of law. (3) Any cause of action by or against the Commissioner that exists on the date this Act takes effect and involves any function transferred by this Act may be asserted by or against the Secretary of Labor or the United States. (f) Continuation of Actions Against Officers.--No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Social Security Administration, and relating to a function transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against the Social Security Administration, or by or against any officer thereof in his official capacity, relating to a function transferred by this Act, shall abate by reason of enactment of this Act. (g) Preservation of Penalties, etc.--The transfer of functions under this Act shall not release or extinguish any penalty, forfeiture, liability, prosecution, investigation, or right to initiate a future investigation or prosecution involving any function transferred by this Act. SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect 90 days after the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Black Lung Consolidation of Administrative Responsibility Act - Amends the Black Lung Benefits Act to transfer part B black lung benefit responsibilities from the Commissioner of Social Security to the Secretary of Labor (thus consolidating all black lung benefit responsibility under the Secretary). (Current law makes the Commissioner responsible for part B benefits based on claims filed on or before December 31, 1973, and makes the Secretary responsible for part C benefits based on claims filed after such date.)

To consolidate all black lung benefit responsibility under a single official, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Encouraging Investment in Small Business Act''. SEC. 2. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Increased Exclusion.--Section 1202(a) of the Internal Revenue Code of 1986 (relating to partial exclusion for gain from certain small business stock) is amended by striking ``50 percent'' each place it appears and inserting ``75 percent''. (b) Reduction in Holding Period.-- (1) In general.--Section 1202(a) of the Internal Revenue Code of 1986 is amended by striking ``5 years'' and inserting ``3 years''. (2) Conforming amendments.--Subsections (g)(2)(A) and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``3 years''. (c) Repeal of Minimum Tax Preference.-- (1) In general.--Section 57(a) of the Internal Revenue Code of 1986 (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Section 53(d)(1)(B)(ii)(II) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (d) Other Modifications.-- (1) Working capital limitation.-- (A) In general.--Section 1202(e)(6) of the Internal Revenue Code of 1986 (relating to working capital) is amended-- (i) in subparagraph (B), by striking ``2 years'' and inserting ``5 years''; and (ii) by striking ``2 years'' in the last sentence and inserting ``5 years''. (B) Limitation on assets treated as used in active conduct of business.--The second sentence of section 1202(e)(6) of such Code is amended by inserting ``described in subparagraph (A)'' after ``of the corporation''. (2) Exception from redemption rules where business purpose.--Section 1202(c)(3) of such Code (relating to certain purchases by corporation of its own stock) is amended by adding at the end the following: ``(D) Waiver where business purpose.--A purchase of stock by the issuing corporation shall be disregarded for purposes of subparagraph (B) if the issuing corporation establishes that there was a business purpose for such purchase and one of the principal purposes of the purchase was not to avoid the limitations of this section.'' (e) Excluded Qualified Trade or Business.--Section 1202(e)(3) of the Internal Revenue Code of 1986 (relating to qualified trade or business) is amended-- (1) by inserting ``, and is anticipated to continue to be,'' before ``the reputation'' in subparagraph (A), and (2) by inserting ``but not including the business of raising fish or any business involving biotechnology applications'' after ``trees'' in subparagraph (C). (f) Increase in Cap on Eligible Gain for Joint Returns.-- (1) In general.--Section 1202(b)(1)(A) of the Internal Revenue Code of 1986 (relating to per-issuer limitations on taxpayer's eligible gain) is amended by inserting ``($20,000,000 in the case of a joint return)'' after ``$10,000,000''. (2) Conforming amendment.--Section 1202(b)(3) of such Code is amended by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (g) Decrease in Capital Gains Rate.-- (1) In general.--Subparagraph (A) of section 1(h)(5) of the Internal Revenue Code of 1986 (relating to 28-percent gain) is amended to read as follows: ``(A) collectibles gain, over''. (2) Conforming amendments.-- (A) Section 1(h) of such Code is amended by striking paragraph (8). (B) Paragraph (9) of section 1(h) of such Code is amended by striking ``, gain described in paragraph (7)(A)(i), and section 1202 gain'' and inserting ``and gain described in paragraph (7)(A)(i)''. (h) Increase in Rollover Period for Qualified Small Business Stock.--Subsections (a)(1) and (b)(3) of section 1045 of the Internal Revenue Code of 1986 (relating to rollover of gain from qualified small business stock to another qualified small business stock) are each amended by striking ``60-day'' and inserting ``180-day''. (i) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to stock issued after the date of the enactment of this Act. (2) Special rule.--The amendments made by subsections (a) and (d)(1) apply to stock issued after August 10, 1993.

Encouraging Investment in Small Business Act - Amends the Internal Revenue Code with respect to qualified small business (QSB) stock (section 1202) to: (1) increase the amount of gain excluded from the sale of such stock to 75 percent; (2) reduce the holding period applicable to such sale to three years; (3) exclude such gain from alternative minimum tax consideration; (4) increase the active business working capital requirement to five years; (5) permit a QSB to make specified purchases of its own stock without losing the gain exclusion if made for a business purpose; (6) exclude biotechnology and aquaculture businesses from QSB status; (7) increase the cap on eligible gain for joint returns to $20,000; (8) reduce the capital gains rate for such gains; and (9) increase the related rollover period to 180 days.

A bill to amend the Internal Revenue Code of 1986 to increase and modify the exclusion relating to qualified small business stock and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Medicare Physician Ownership Referral Reform Act of 1995''. (b) Amendments to Social Security Act.--Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 2. REPEAL OF PROHIBITIONS BASED ON COMPENSATION ARRANGEMENTS. (a) In General.--Section 1877(a)(2) (42 U.S.C. 1395nn(a)(2)) is amended by striking ``is--'' and all that follows through ``equity,'' and inserting the following: ``is (except as provided in subsection (c)) an ownership or investment interest in the entity through equity,''. (b) Conforming Amendments.--Section 1877 (42 U.S.C. 1395nn) is amended as follows: (1) In subsection (b)-- (A) in the heading, by striking ``to Both Ownership and Compensation Arrangement Provisions'' and inserting ``Where Financial Relationship Exists''; and (B) by redesignating paragraph (4) as paragraph (7). (2) In subsection (c)-- (A) by amending the heading to read as follows: ``Exception for Ownership or Investment Interest in Publicly Traded Securities and Mutual Funds''; and (B) in the matter preceding paragraph (1), by striking ``subsection (a)(2)(A)'' and inserting ``subsection (a)(2)''. (3) In subsection (d)-- (A) by striking the matter preceding paragraph (1); (B) in paragraph (3), by striking ``paragraph (1)'' and inserting ``paragraph (4)''; and (C) by redesignating paragraphs (1), (2), and (3) as paragraphs (4), (5), and (6), and by transferring and inserting such paragraphs after paragraph (3) of subsection (b). (4) By striking subsection (e). (5) In subsection (f)(2), as amended by section 152(a) of the Social Security Act Amendments of 1994-- (A) in the matter preceding paragraph (1), by striking ``ownership, investment, and compensation'' and inserting ``ownership and investment''; (B) in paragraph (2), by striking ``subsection (a)(2)(A)'' and all that follows through ``subsection (a)(2)(B)),'' and inserting ``subsection (a)(2),''; and (C) in paragraph (2), by striking ``or who have such a compensation relationship with the entity''. (6) In subsection (h)-- (A) by striking paragraphs (1), (2), and (3); (B) in paragraph (4)(A), by striking clause (iv); and (C) in paragraph (4)(B), by striking ``rules.--'' and all that follows through ``(ii) Faculty'' and inserting ``rules for faculty. SEC. 3. REVISION OF DESIGNATED HEALTH SERVICES SUBJECT TO PROHIBITION. (a) In General.--Section 1877(h)(6) (42 U.S.C. 1395nn(h)(6)) is amended by striking subparagraphs (B) through (K) and inserting the following: ``(B) Items and services furnished by a community pharmacy (as defined in paragraph (1)). ``(C) Magnetic resonance imaging and computerized tomography services. ``(D) Outpatient physical therapy services.''. (b) Community Pharmacy Defined.--Section 1877(h) (42 U.S.C. 1395nn(h)), as amended by section 2(b)(6), is amended by inserting before paragraph (4) the following new paragraph: ``(1) Community pharmacy.--The term `community pharmacy' means any entity licensed or certified to dispense outpatient prescription drugs by the State in which the entity is located (including an entity which dispenses such drugs by mail order), but does not include such an entity which is owned and operated by-- ``(A) a hospital; ``(B) an ambulatory surgical center described in section 1832(a)(2)(F)(i); or ``(C) a prepaid plan described in subsection (b)(3).''. (c) Conforming Amendments.--Section 1877(b)(2) (42 U.S.C. 1395nn(b)(2)) is amended in the matter preceding subparagraph (A) by striking ``services'' and all that follows through ``supplies)--'' and inserting ``services--''. SEC. 4. DELAY IN IMPLEMENTATION UNTIL PROMULGATION OF REGULATIONS. (a) In General.--Section 13562(b) of OBRA-1993 (42 U.S.C. 1395nn note) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Promulgation of regulations.--Notwithstanding paragraphs (1) and (2), the amendments made by this section shall not apply to any referrals made before the effective date of final regulations promulgated by the Secretary of Health and Human Services to carry out such amendments.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of OBRA-1993. SEC. 5. EXCEPTIONS TO PROHIBITION. (a) Revisions to Exception for In-office Ancillary Services.-- (1) Repeal of site-of-service requirement.--Section 1877(b)(2)(A) (42 U.S.C. 1395nn(b)(2)(A)) is amended to read as follows: ``(A) that are furnished personally by the referring physician, personally by a physician who is a member of the same group practice as the referring physician, or personally by individuals who are under the general supervision of the physician or of another physician in the group practice, and''. (2) Clarification of treatment of physician owners of group practice.--Section 1877(b)(2)(B) (42 U.S.C. 1395nn(b)(2)(B)) is amended by striking ``physician or group practice'' and inserting ``physician, such group practice, or the physician owners of such group practice''. (3) Conforming amendment.--Section 1877(b)(2) (42 U.S.C. 1395nn(b)(2)) is amended by amending the heading to read as follows: ``Ancillary services furnished personally or through group practice.--''. (b) Clarification of Exception for Services Furnished in a Rural Area.--Paragraph (5) of section 1877(b) (42 U.S.C. 1395nn(b)), as transferred by section 2(b)(3)(C), is amended by striking ``substantially all'' and inserting ``not less than 75 percent''. (c) Revision of Exception for Prepaid Plans.-- (1) Expansion of exception for certain managed care arrangements.--Section 1877(b)(3) (42 U.S.C. 1395nn(b)(3)) is amended-- (A) in the matter preceding subparagraph (A), by striking ``organization--'' and inserting ``organization, directly or through contractual arrangements with other entities, to individuals enrolled with the organization--''; (B) by striking ``or'' at the end of subparagraph (C); (C) by striking the period at the end of subparagraph (D) and inserting a comma; and (D) by adding at the end the following new subparagraphs: ``(E) with a contract with a State to provide services under the State plan under title XIX (in accordance with section 1903(m)); or ``(F) which meets State regulatory requirements applicable to health maintenance organizations and which-- ``(i) provides designated health services directly or through contractual arrangements with providers; ``(ii) assumes financial risk for the provision of services or provides services on behalf of another individual or entity (including but not limited to a self-insured employer, indemnity plan, physician, or physician group) that assumes financial risk for the provision of the item or service; and ``(iii) subjects the services to a program of utilization review offered by an organization described in a preceding subparagraph, an organization meeting State regulatory requirements applicable to utilization review, or an organization accredited to perform utilization review considered appropriate by the Secretary.''. (2) New exception for other capitated payments.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), is amended-- (A) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8); and (B) by inserting after paragraph (3) the following new paragraph: ``(4) Other capitated payments.--In the case of a designated health service which is included in the services for which a physician or physician group (including a preferred provider organization) is paid only on a capitated basis by a health plan or insurer pursuant to a written arrangement between the plan or insurer and the physician or physician group in which the physician or physician group assumes financial risk for the furnishing of the service.''. (d) New Exception for Shared Facility Services.-- (1) In general.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C) and by subsection (c)(2), is amended-- (A) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9); and (B) by inserting after paragraph (4) the following new paragraph: ``(5) Shared facility services.--In the case of a designated health service consisting of a shared facility service of a shared facility-- ``(A) that is furnished-- ``(i) personally by the referring physician who is a shared facility physician or personally by an individual directly employed or under the general supervision of such a physician, ``(ii) by a shared facility in a building in which the referring physician furnishes substantially all of the services of the physician that are unrelated to the furnishing of shared facility services, and ``(iii) to a patient of a shared facility physician; and ``(B) that is billed by the referring physician or a group practice of which the physician is a member.''. (2) Definitions.--Section 1877(h) (42 U.S.C. 1395nn(h)), as amended by section 2(b)(6) and section 3(b), is amended by inserting after paragraph (1) the following new paragraph: ``(2) Shared facility related definitions.-- ``(A) Shared facility service.--The term `shared facility service' means, with respect to a shared facility, a designated health service furnished by the facility to patients of shared facility physicians. ``(B) Shared facility.--The term `shared facility' means an entity that furnishes shared facility services under a shared facility arrangement. ``(C) Shared facility physician.--The term `shared facility physician' means, with respect to a shared facility, a physician (or a group practice of which the physician is a member) who has a financial relationship under a shared facility arrangement with the facility. ``(D) Shared facility arrangement.--The term `shared facility arrangement' means, with respect to the provision of shared facility services in a building, a financial arrangement-- ``(i) which is only between physicians who are providing services (unrelated to shared facility services) in the same building, ``(ii) in which the overhead expenses of the facility are shared, in accordance with methods previously determined by the physicians in the arrangement, among the physicians in the arrangement, and ``(iii) which, in the case of a corporation, is wholly owned and controlled by shared facility physicians.''. (e) New Exception for Services Furnished in Communities With No Alternative Providers.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), and subsection (d)(1), is amended-- (1) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10); and (2) by inserting after paragraph (5) the following new paragraph: ``(6) No alternative providers in area.--In the case of a designated health service furnished in any area with respect to which the Secretary determines that individuals residing in the area do not have reasonable access to such a designated health service for which subsection (a)(1) does not apply.''. (f) New Exception for Services Furnished in Ambulatory Surgical Centers.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), subsection (d)(1), and subsection (e)(1), is amended-- (1) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11); and (2) by inserting after paragraph (6) the following new paragraph: ``(7) Services furnished in ambulatory surgical centers.-- In the case of a designated health service furnished in an ambulatory surgical center described in section 1832(a)(2)(F)(i).''. (g) New Exception for Services Furnished in Renal Dialysis Facilities.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), subsection (d)(1), subsection (e)(1), and subsection (f), is amended-- (1) by redesignating paragraphs (8) through (11) as paragraphs (9) through (12); and (2) by inserting after paragraph (7) the following new paragraph: ``(8) Services furnished in renal dialysis facilities.--In the case of a designated health service furnished in a renal dialysis facility under section 1881.''. (h) New Exception for Services Furnished in a Hospice.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), subsection (d)(1), subsection (e)(1), subsection (f), and subsection (g), is amended-- (1) by redesignating paragraphs (9) through (12) as paragraphs (10) through (13); and (2) by inserting after paragraph (8) the following new paragraph: ``(9) Services furnished by a hospice program.--In the case of a designated health service furnished by a hospice program under section 1861(dd)(2).''. (i) New Exception for Services Furnished in a Comprehensive Outpatient Rehabilitation Facility.--Section 1877(b) (42 U.S.C. 1395nn(b)), as amended by section 2(b)(3)(C), subsection (c)(2), subsection (d)(1), subsection (e)(1), subsection (f), subsection (g), and subsection (h), is amended-- (1) by redesignating paragraphs (10) through (13) as paragraphs (11) through (14); and (2) by inserting after paragraph (9) the following new paragraph: ``(10) Services furnished in a comprehensive outpatient rehabilitation facility.--In the case of a designated health service furnished in a comprehensive outpatient rehabilitation facility under section 1861(cc)(2).''. SEC. 6. REPEAL OF REPORTING REQUIREMENTS. Section 1877 (42 U.S.C. 1395nn) is amended-- (1) by striking subsection (f); and (2) by striking subsection (g)(5). SEC. 7. PREEMPTION OF STATE LAW. Section 1877 (42 U.S.C. 1395nn) is amended by adding at the end the following new subsection: ``(i) Preemption of State Law.--This section preempts State law to the extent State law is inconsistent with this section.''. SEC. 8. EFFECTIVE DATE. Except as provided in section 4(b), the amendments made by this Act shall apply to referrals made on or after August 15, 1995, without regard to whether or not regulations to carry out the amendments have been promulgated by such date. HR 2390 IH--2

Medicare Physician Ownership Referral Reform Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to: (1) repeal the prohibition of physician referrals to certain entities with which the referring physician has a financial relationship if such relationship is based on compensation arrangements only; (2) eliminate reporting requirements under such provisions; (3) provide that such provisions preempt State law to the extent it is inconsistent; and (4) limit the designated health services subject to such prohibition to items and services furnished by a community pharmacy, magnetic resonance imaging and computerized tomography services, and outpatient physical therapy services. Revises exceptions to such prohibition against physician referrals to an entity in which the referring physician has an ownership or investment relationship to: (1) repeal the site-of-service requirement for excepted in-office ancillary services; (2) revise the exceptions for services furnished in a rural area and for pre-paid plans; and (3) add new exceptions for shared facility services, services furnished in communities with no alternative providers, in ambulatory surgical centers, in renal dialysis facilities, in a hospice, or in a comprehensive outpatient rehabilitation facility, and designated health services for which a physician or physician group is paid only on a capitated basis by a health plan or insurer. Amends the Omnibus Budget Reconciliation Act of 1993 to make its amendments to such physician referral limitations inapplicable until the Secretary of Health and Human Services promulgates final implementing regulations.

Medicare Physician Ownership Referral Reform Act of 1995

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Coverdell Education Savings Accounts Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. MODIFICATIONS TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS. (a) Tax-Free Expenditures for Elementary and Secondary School Expenses.-- (1) In general.--Section 530(b)(2) (defining qualified higher education expenses) is amended to read as follows: ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means-- ``(i) qualified higher education expenses (as defined in section 529(e)(3)), and ``(ii) qualified elementary and secondary education expenses (as defined in paragraph (4)). ``(B) Qualified state tuition programs.--Such term shall include any contribution to a qualified State tuition program (as defined in section 529(b)) on behalf of the designated beneficiary (as defined in section 529(e)(1)); but there shall be no increase in the investment in the contract for purposes of applying section 72 by reason of any portion of such contribution which is not includible in gross income by reason of subsection (d)(2).''. (2) Qualified elementary and secondary education expenses.--Section 530(b) (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(4) Qualified elementary and secondary education expenses.-- ``(A) In general.--The term `qualified elementary and secondary education expenses' means-- ``(i) expenses for tuition, fees, academic tutoring, special needs services, books, supplies, computer equipment (including related software and services), and other equipment which are incurred in connection with the enrollment or attendance of the designated beneficiary of the trust as an elementary or secondary school student at a public, private, or religious school, and ``(ii) expenses for room and board, uniforms, transportation, and supplementary items and services (including extended day programs) which are required or provided by a public, private, or religious school in connection with such enrollment or attendance. ``(B) School.--The term `school' means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law.''. (3) Conforming amendments.--Section 530 is amended-- (A) by striking ``higher'' each place it appears in subsections (b)(1) and (d)(2), and (B) by striking ``higher'' in the heading for subsection (d)(2). (b) Maximum Annual Contributions.-- (1) In general.--Section 530(b)(1)(A)(iii) (defining education individual retirement account) is amended by striking ``$500'' and inserting ``the applicable dollar amount for the calendar year in which such taxable year begins''. (2) Applicable dollar amount.--Section 530(b) is amended by adding at the end the following new paragraph: ``(4) Applicable dollar amount.-- ``(A) In general.--For purposes of paragraph (1)(A)(iii), the applicable dollar amount is $2,000. ``(B) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2002, the dollar amount referred to in subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2001' for `1992'. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50.''. (3) Conforming amendment.--Section 4973(e)(1)(A) is amended by striking ``$500'' and inserting ``the applicable dollar amount for the calendar year in which such taxable year begins''. (4) Elimination of the marriage penalty in the reduction in permitted contributions.--Section 530(c)(1) (relating to reduction in permitted contributions based on adjusted gross income) is amended-- (A) by striking ``$150,000'' in subparagraph (A)(ii) and inserting ``$190,000'', and (B) by striking ``$10,000'' in subparagraph (B) and inserting ``$30,000''. (c) Waiver of Age Limitations for Children With Special Needs.-- Section 530(b)(1) (defining education individual retirement account) is amended by adding at the end the following flush sentence: ``The age limitations in subparagraphs (A)(ii) and (E) and paragraphs (5) and (6) of subsection (d) shall not apply to any designated beneficiary with special needs (as determined under regulations prescribed by the Secretary).''. (d) Entities Permitted To Contribute to Accounts.--Section 530(c)(1) (relating to reduction in permitted contributions based on adjusted gross income) is amended by striking ``The maximum amount which a contributor'' and inserting ``In the case of a contributor who is an individual, the maximum amount the contributor''. (e) Time When Contributions Deemed Made.-- (1) In general.--Section 530(b) (relating to definitions and special rules), as amended by subsection (b)(2), is amended by adding at the end the following new paragraph: ``(5) Time when contributions deemed made.--An individual shall be deemed to have made a contribution to an education individual retirement account on the last day of the preceding 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).''. (2) Extension of time to return excess contributions.-- Subparagraph (C) of section 530(d)(4) (relating to additional tax for distributions not used for educational expenses) is amended-- (A) by striking clause (i) and inserting the following new clause: ``(i) such distribution is made before the 1st day of the 6th month of the taxable year following the taxable year, and'', and (B) by striking ``due date of return'' in the heading and inserting ``certain date''. (f) Coordination With Hope and Lifetime Learning Credits and Qualified Tuition Programs.-- (1) In general.--Section 530(d)(2)(C) is amended to read as follows: ``(C) Coordination with hope and lifetime learning credits and qualified tuition programs.--For purposes of subparagraph (A). ``(i) Credit coordination.--The total amount of qualified higher education expenses with respect to an individual for the taxable year shall be reduced-- ``(I) as provided in section 25A(g)(2), and ``(II) by the amount of such expenses which were taken into account in determining the credit allowed to the taxpayer or any other person under section 25A. ``(ii) Coordination with qualified tuition programs.--If, with respect to an individual for any taxable year-- ``(I) the aggregate distributions during such year to which subparagraph (A) and section 529(c)(3)(B) apply, exceed ``(II) the total amount of qualified higher education expenses (after the application of clause (i)) for such year, the taxpayer shall allocate such expenses among such distributions for purposes of determining the amount of the exclusion under subparagraph (A) and section 529(c)(3)(B).''. (2) Conforming amendments.-- (A) Subsection (e) of section 25A is amended to read as follows: ``(e) Election Not To Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the qualified tuition and related expenses of an individual for any taxable year.''. (B) Section 135(d)(2)(A) is amended by striking ``allowable'' and inserting ``allowed''. (C) Section 530(d)(2)(D) is amended-- (i) by striking ``or credit'', and (ii) by striking ``credit or'' in the heading. (D) Section 4973(e)(1) is amended by adding ``and'' at the end of subparagraph (A), by striking subparagraph (B), and by redesignating subparagraph (C) as subparagraph (B). (g) Renaming Education Individual Retirement Accounts as Coverdell Education Savings Accounts.-- (1) In general.-- (A) Section 530 (as amended by the preceding provisions of this section) is amended by striking ``an education individual retirement account'' each place it appears and inserting ``a Coverdell education savings account''. (B) The heading for paragraph (1) of section 530(b) is amended by striking ``Education individual retirement account'' and inserting ``Coverdell education savings account''. (C) The heading for section 530 is amended to read as follows: ``SEC. 530. COVERDELL EDUCATION SAVINGS ACCOUNTS.''. (D) The item in the table of contents for part VII of subchapter F of chapter 1 relating to section 530 is amended to read as follows: ``Sec. 530. Coverdell education savings accounts.''. (2) Conforming amendments.-- (A) The following provisions are each amended by striking ``an education individual retirement'' each place it appears and inserting ``a Coverdell education savings'': (i) Section 25A(e)(2). (ii) Section 72(e)(9). (iii) Section 135(c)(2)(C). (iv) Section 4973(a). (v) Subsections (c) and (e) of section 4975. (B) The following provisions are each amended by striking ``education individual retirement'' each place it appears and inserting ``Coverdell education savings'': (i) Section 26(b)(2)(E). (ii) Section 4973(e). (iii) Section 6693(a)(2)(D). (C) The headings for each of the following provisions are amended by striking ``education individual retirement accounts'' each place it appears and inserting ``Coverdell education savings accounts''. (i) Section 72(e)(9). (ii) Section 135(c)(2)(C). (iii) Section 4973(e). (iv) Section 4975(c)(5). (h) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2001. (2) Subsection (g).--The amendments made by subsection (g) shall take effect on the date of the enactment of this Act. SEC. 3. EXCLUSION FROM INCOME OF CERTAIN AMOUNTS CONTRIBUTED TO COVERDELL EDUCATION SAVINGS ACCOUNTS. (a) In General.--Part III of subchapter B or chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 140 and by adding at the end the following: ``SEC. 139. COVERDELL EDUCATION SAVINGS ACCOUNTS. ``(a) Exclusion From Gross Income.--Gross income of an employee shall not include-- ``(1) amounts paid or incurred by the employer for a qualified Coverdell education savings account contribution on behalf of the employee or a member of the employee's family, and ``(2) any distribution from a Coverdell education savings account of such contribution. ``(b) Qualified Coverdell Education Savings Account Contribution.-- For purposes of this section-- ``(1) In general.--The term `qualified Coverdell education savings account contribution' means an amount contributed, directly or indirectly, as part of an education savings program by an employer to a Coverdell education savings account established and maintained for the benefit of the employee or a member of the employee's family. ``(2) Education savings program.--For purposes of paragraph (1), an education savings program is a separate written plan of an employer for the exclusive benefit of such employer's employees-- ``(A) under which the employer makes contributions described in paragraph (1), and ``(B) which meets requirements similar to the requirements of paragraphs (2), (3), (5), and (6) of section 127(b).''. (b) Conforming Amendment.--The table of sections for part III of subchapter B or chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 139 and by inserting the following: ``Sec. 139. Coverdell education savings accounts. ``Sec. 140. Cross references to other Acts.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2001.

Coverdell Education Savings Accounts Act of 2001 - Amends the Internal Revenue Code, with respect to education individual retirement accounts (IRAs), to: (1) permit distributions for qualified elementary and secondary education expenses; (2) increase annual contribution limits from $500 to $2,000, with annual inflation adjustments as of tax year 2003; (3) waive the beneficiary age limitation (18) for contributions on behalf of special needs beneficiaries; (4) permit corporations to contribute to education IRAs; (5) permit annual contributions to be made until the filing date (not including extensions) for a tax year; (6) extend the time for return of excess contributions; and (7) provide for coordination with Hope and lifetime learning credit and qualified tuition program provisions.Renames such educational IRAs as Coverdell education savings accounts.Excludes from gross income: (1) employer contributions to such accounts on behalf of an employee or employee family member; and (2) account distributions.

A bill to amend the Internal Revenue Code of 1986 to expand the use of education individual retirement accounts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Emergency Planning Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Hurricanes Katrina and Sandy, as well as other recent natural and man-made disasters, have highlighted the need for planning to minimize the impact of disasters. (2) Lack of preparedness in times of disaster can have especially devastating effects on animals and the people who risk their lives to protect them. (3) Local first-responders, non-governmental agencies, and private individuals most often shoulder the cost and responsibility of animals affected by disasters. (4) It is reasonable to ask those who use animals commercially to demonstrate a level of readiness to protect the animals under their care. SEC. 3. REQUIREMENT THAT COVERED ENTITIES DEVELOP AND IMPLEMENT EMERGENCY CONTINGENCY PLANS. (a) In General.--The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the end the following: ``SEC. 30. ANIMAL EMERGENCY PLANNING. ``(a) Covered Person.--For purposes of this section, the term `covered person' means a research facility, dealer, exhibitor, intermediate handler, carrier, or Federal research facility. ``(b) Contingency Plan.--Each covered person shall develop, document, and follow a contingency plan to provide for the humane handling, treatment, transportation, housing, and care of its animals in the event of an emergency or disaster. Such a contingency plan shall-- ``(1) identify situations that the covered person might experience, including natural disasters and emergencies such as electrical outages, faulty HVAC systems, fires, mechanical breakdowns, and animal escapes, that would trigger the need for the measures identified in the contingency plan to be put into action; ``(2) outline specific tasks to be carried out in response to the identified emergencies or disasters, including detailed animal evacuation or shelter-in-place instructions and provisions for providing backup sources of food and water as well as sanitation, ventilation, bedding, and veterinary care; ``(3) establish a chain of command and identify the individuals responsible for fulfilling the tasks described in paragraph (2); and ``(4) address how response and recovery will be handled in terms of materials, resources, and training needed. ``(c) Annual Review.--Each covered person shall-- ``(1) review its contingency plan on at least an annual basis to ensure that it adequately addresses the criteria described in subsection (b); and ``(2) maintain documentation of the annual reviews and any amendments or changes made to its contingency plan since the previous year's review. ``(d) Training.--Each covered person shall-- ``(1) train its personnel in their roles and responsibilities as outlined in the contingency plan; ``(2) communicate any changes in the contingency plan to personnel through training within 30 days after making the changes; and ``(3) maintain documentation of its personnel's participation in and successful completion of the training required by this subsection. ``(e) Availability of Documentation.-- ``(1) In general.--Each covered person shall submit its contingency plan, as well as any documentation described in subsections (c)(2) and (d)(3), to the Secretary annually. ``(2) While traveling.--A covered person engaged in travel must carry a copy of its contingency plan with it at all times and make it available for inspection by the Secretary while in travel status.''. (b) Regulations.-- (1) Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture of the United States shall promulgate such regulations as the Secretary determines to be necessary to carry out section 30 of the Animal Welfare Act, as added by subsection (a) of this Act. (2) The regulations described in paragraph (1) shall be made without regard to the rulemaking procedures under section 553 of title 5, United States Code. (c) No Preemption.--Nothing in this Act or the amendments made by this Act preempts any law (including a regulation) of a State, or a political subdivision of a State, containing requirements that provide equivalent or greater protection for animals than the requirements of this Act or the amendments made by this Act. (d) Effective Date.--The amendments made by subsection (a) shall apply to covered persons (as defined in such subsection) beginning on the date that is 30 days after the date of enactment of this Act.

Animal Emergency Planning Act of 2014 - Amends the Animal Welfare Act to require research facilities, dealers, exhibitors, intermediate handlers, and carriers (covered persons) to develop, document, and follow a contingency plan to provide for the humane handling, treatment, transportation, housing, and care of their animals in the event of an emergency or disaster. Requires the plan to: identify situations that the covered person might experience, including natural disasters and emergencies, that would trigger the need to implement the measures identified in the plan; outline tasks to be carried out in response to emergencies or disasters, including animal evacuation or shelter-in-place instructions and provisions for providing backup sources of food and water as well as sanitation, ventilation, bedding, and veterinary care; establish a chain of command and identify the individuals responsible for fulfilling the tasks; and address how response and recovery will be handled in terms of materials, resources, and training needed. Requires covered persons to review their plan at least annually to ensure compliance with this Act, and train personnel in their roles and responsibilities as outlined in the plan, and promptly provide training when the plan changes. Prohibits this Act from preempting state law that provides greater protection for animals.

Animal Emergency Planning Act of 2014

SECTION 1. ESTABLISHMENT OF NEW FASHION MODEL NONIMMIGRANT CLASSIFICATION. (a) In General.-- (1) New classification.--Section 101(a)(15)(P) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)) is amended-- (A) in clause (iii), by striking ``or'' at the end; (B) in clause (iv), by striking ``clause (i), (ii), or (iii)'' and inserting ``clause (i), (ii), (iii), or (iv)''; (C) by redesignating clause (iv) as clause (v); and (D) by inserting after clause (iii) the following: ``(iv) is a fashion model who is of distinguished merit and ability and who is seeking to enter the United States temporarily to perform fashion modeling services that involve events or productions which have a distinguished reputation or that are performed for an organization or establishment that has a distinguished reputation for, or a record of, utilizing prominent modeling talent; or''. (2) Authorized period of stay.--Section 214(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(a)(2)(B)) is amended in the second sentence-- (A) by inserting ``or fashion models'' after ``athletes''; and (B) by inserting ``or fashion model'' after ``athlete''. (3) Numerical limitation.--Section 214(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(4)) is amended by adding at the end the following: ``(I)(i) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year under section 101(a)(15)(P)(iv) may not exceed 1,000. ``(ii) The numerical limitation established by clause (i) shall only apply to principal aliens and not to the spouses or children of such aliens. ``(iii) An alien who has already been counted toward the limitation established by clause (i) shall not be counted again during the same period of stay or authorized extension under subsection (a)(2)(B), irrespective of whether there is a change in petitioner under subparagraph (C).''. (4) Consultation.-- (A) In general.--Section 214(c)(4)(D) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(4)(D)) is amended by striking ``clause (i) or (iii)'' and inserting ``clause (i), (iii), or (iv)''. (B) Advisory opinion.--Section 214(c)(6)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(6)(A)(iii)) is amended-- (i) by striking ``section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii),'' and inserting ``clause (i), (iii), or (iv) of section 101(a)(15)(P),''; and (ii) by striking ``of athletics or entertainment''. (C) Expedited procedures.--Section 214(c)(6)(E)(i) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(6)(E)(i)) is amended by striking ``artists or entertainers'' and inserting ``artists, entertainers, or fashion models''. (b) Elimination of H-1B Classification for Fashion Models.--Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended-- (1) by striking ``or as a fashion model''; and (2) by striking ``or, in the case of a fashion model, is of distinguished merit and ability''. (c) Effective Date and Implementation.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Regulations, guidelines, and precedents.--The regulations, guidelines and precedents in effect on the date of the enactment of this Act for the adjudication of petitions for fashion models under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), shall be applied to petitions for fashion models under section 101(a)(15)(P)(iv) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)(iv)), as added by this Act, except to the extent modified by the Secretary of Homeland Security through final regulations (not through interim regulations) promulgated in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''). (3) Construction.--Nothing in this section shall be construed as preventing an alien who is a fashion model from obtaining nonimmigrant status under section 101(a)(15)(O)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)(i)) if such alien is otherwise qualified for such status. (4) Treatment of pending petitions.--Petitions filed on behalf of fashion models under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) that are pending on the date of the enactment of this Act shall be treated as if they had been filed under section 101(a)(15)(P)(iv) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)(iv)), as added by this Act.

Amends the Immigration and Nationality Act to replace the current nonimmigrant (H-1B) visa category for fashion models with a new (P-4) visa category. Defines such category as a fashion model who is of distinguished merit and ability and who is seeking to enter the United States temporarily to perform fashion modeling services that involve events or productions which have a distinguished reputation or that are performed for an organization or establishment that has a distinguished reputation for, or a record of, utilizing prominent modeling talent. Provides that such entrants may not: (1) exceed 1,000 in any fiscal year, not including accompanying spouses or children; and (2) stay in the United States for more than 10 years (initial five-year period with one five-year extension). Makes an employer petition for such alien models eligible for expedited consultation procedures. States that applicable H-1B regulations, guidelines, and precedents in effect on the date of the enactment of this Act for the adjudication of fashion model petitions shall be applied to P-4 petitions, except to the extent modified by the Secretary of Homeland Security.

To amend the Immigration and Nationality Act to establish a separate nonimmigrant classification for fashion models.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continued Dumping and Subsidy Offset Act of 1999''. SEC. 2. FINDINGS OF CONGRESS. Congress makes the following findings: (1) Consistent with the rights of the United States under the World Trade Organization, injurious dumping is to be condemned and actionable subsidies which cause injury to domestic industries must be effectively neutralized. (2) United States unfair trade laws have as their purpose the restoration of conditions of fair trade so that jobs and investment that should be in the United States are not lost through the false market signals. (3) The continued dumping or subsidization of imported products after the issuance of antidumping orders or findings or countervailing duty orders can frustrate the remedial purpose of the laws by preventing market prices from returning to fair levels. (4) Where dumping or subsidization continues, domestic producers will be reluctant to reinvest or rehire and may be unable to maintain pension and health care benefits that conditions of fair trade would permit. Similarly, small businesses and American farmers and ranchers may be unable to pay down accumulated debt, to obtain working capital, or to otherwise remain viable. (5) United States trade laws should be strengthened to see that the remedial purpose of those laws is achieved. SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930. (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) is amended by inserting after section 753 following new section: ``SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET. ``(a) In General.--Duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on an annual basis under this section to the affected domestic producers for qualifying expenditures. Such distribution shall be known as the `continued dumping and subsidy offset'. ``(b) Definitions.--As used in this section: ``(1) Affected domestic producer.--The term `affected domestic producer' means any manufacturer, producer, farmer, rancher, or worker representative (including associations of such persons) that-- ``(A) was a petitioner or interested party in support of the petition with respect to which an antidumping duty order, a finding under the Antidumping Act of 1921, or a countervailing duty order has been entered, and ``(B) remains in operation. Companies, businesses, or persons that have ceased the production of the product covered by the order or finding or who have been acquired by a company or business that is related to a company that opposed the investigation shall not be an affected domestic producer. ``(2) Commissioner.--The term `Commissioner' means the Commissioner of Customs. ``(3) Commission.--The term `Commission' means the United States International Trade Commission. ``(4) Qualifying expenditure.--The term `qualifying expenditure' means an expenditure incurred after the issuance of the antidumping duty finding or order or countervailing duty order in any of the following categories: ``(A) Plant. ``(B) Equipment. ``(C) Research and development. ``(D) Personnel training. ``(E) Acquisition of technology. ``(F) Health care benefits to employees paid for by the employer. ``(G) Pension benefits to employees paid for by the employer. ``(H) Environmental equipment, training, or technology. ``(I) Acquisition of raw materials and other inputs. ``(J) Borrowed working capital or other funds needed to maintain production. ``(5) Related to.--A company, business, or person shall be considered to be `related to' another company, business, or person if-- ``(A) the company, business, or person directly or indirectly controls or is controlled by the other company, business, or person, ``(B) a third party directly or indirectly controls both companies, businesses, or persons, ``(C) both companies, businesses, or persons directly or indirectly control a third party and there is reason to believe that the relationship causes the first company, business, or persons to act differently than a nonrelated party. For purposes of this paragraph, a party shall be considered to directly or indirectly control another party if the party is legally or operationally in a position to exercise restraint or direction over the other party. ``(c) Distribution Procedures.--The Commissioner shall prescribe procedures for distribution of the continued dumping or subsidies offset required by this section. Such distribution shall be made not later than 60 days after the first day of a fiscal year from duties assessed during the preceding fiscal year. ``(d) Parties Eligible for Distribution of Antidumping and Countervailing Duties Assessed.-- ``(1) List of affected domestic producers.--The Commission shall forward to the Commissioner within 60 days after the effective date of this section in the case of orders or findings in effect on such effective date, or in any other case, within 60 days after the date an antidumping or countervailing duty order or finding is issued, a list of petitioners and persons with respect to each order and finding and a list of persons that indicate support of the petition by letter or through questionnaire response. In those cases in which a determination of injury was not required or the Commission's records do not permit an identification of those in support of a petition, the Commission shall consult with the administering authority to determine the identity of the petitioner and those domestic parties who have entered appearances during administrative reviews conducted by the administering authority under section 751. ``(2) Publication of list; certification.--The Commissioner shall publish in the Federal Register at least 30 days before the distribution of a continued dumping and subsidy offset, a notice of intention to distribute the offset and the list of affected domestic producers potentially eligible for the distribution based on the list obtained from the Commission under paragraph (1). The Commissioner shall request a certification from each potentially eligible affected domestic producer-- ``(A) that the producer desires to receive a distribution; ``(B) that the producer is eligible to receive the distribution as an affected domestic producer; and ``(C) the qualifying expenditures incurred by the producer since the issuance of the order or finding for which distribution under this section has not previously been made. ``(3) Distribution of funds.--The Commissioner shall distribute all funds (including all interest earned on the funds) from assessed duties received in the preceding fiscal year to affected domestic producers based on the certifications described in paragraph (2). The distributions shall be made on a pro rata basis based on new and remaining qualifying expenditures. ``(e) Special Accounts.-- ``(1) Establishments.--Within 14 days after the effective date of this section, with respect to antidumping duty orders and findings and countervailing duty orders in effect on the effective date of this section, and within 14 days after the date an antidumping duty order or finding or countervailing duty order issued after the effective date takes effect, the Commissioner shall establish in the Treasury of the United States a special account with respect to each such order or finding. ``(2) Deposits into accounts.--The Commissioner shall deposit into the special accounts, all antidumping or countervailing duties (including interest earned on such duties) that are assessed after the effective date of this section under the antidumping order or finding or the countervailing duty order with respect to which the account was established. ``(3) Time and manner of distributions.--Consistent with the requirements of subsections (c) and (d), the Commissioner shall by regulation prescribe the time and manner in which distribution of the funds in a special account shall made. ``(4) Termination.--A special account shall terminate after-- ``(a) the order or finding with respect to which the account was established has terminated; ``(B) all entries relating to the order or finding are liquidated and duties assessed collected; ``(C) the Commissioner has provided notice and a final opportunity to obtain distribution pursuant to subsection (c); and ``(D) 90 days has elapsed from the date of the notice described in subparagraph (C). Amounts not claimed within 90 days of the date of the notice described in subparagraph (C), shall be deposited into the general fund of the Treasury.''. (b) Conforming Amendment.--The table of contents for title VII of the Tariff Act of 1930 is amended by inserting the following new item after the item relating to section 753: ``Sec. 754. Continued dumping and subsidy offset.''. (c) Effective Date.--The amendments made by this section shall apply with respect to all antidumping and countervailing duty assessments made on or after October 1, 1996.

Continued Dumping and Subsidy Offset Act of 1999 - Amends the Tariff Act of 1930 to declare that any duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on an annual basis as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development (R&D), personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.

Continued Dumping and Subsidy Offset Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Uranium Extraction and Milling Control Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) Uranium is a naturally occurring element found around the world in low levels in rock, soil, and water. (2) Uranium ore extracted through mining and other methods is the principal component of the concentrate known as yellowcake, a precursor to the production of highly enriched uranium. (3) Uranium is a necessary element in any fuel cycle capable of producing fissile material usable for a nuclear explosive device, whether such device utilizes uranium or plutonium. (4) According to the World Nuclear Association, over 40,000 metric tons of uranium ore were produced worldwide in 2007. (5) The wide availability of naturally occurring uranium, a favorable commercial environment, and the growing demand for nuclear power may lead to a significant expansion of the production of uranium ore worldwide, including in countries with nuclear weapons programs such as Iran and North Korea, which maintain that their production is intended for peaceful purposes. (6) Over the past two decades, Iran has opened as many as 10 uranium mines. The ore from these mines is estimated to contain concentrations of uranium too low to be suitable for legitimate commercial use. (7) During the 1980s and 1990s, Syria, with technical assistance from the International Atomic Energy Agency, studied the feasibility of uranium extraction and conducted preliminary extraction activities. Like Iran, Syria's uranium ore was found to be unsuitable for commercial use. (8) Iran and Syria can make use of their domestic sources of uranium ore for military purposes only if they have access to extraction and milling goods, services, and technology from other countries. (9) The significant reserves of uranium ore in North Korea are a potential source for other countries with covert nuclear weapons programs. (10) Unlike other nuclear materials and facilities, the processes of extracting uranium ore and milling it into yellowcake are not subject to safeguards by the International Atomic Energy Agency. (11) Iran, North Korea, and Syria have been sanctioned by the United States and other countries as a result of their nuclear and other programs involving weapons of mass destruction. (12) Transfers of nuclear and certain other sensitive goods, services, or technology to Iran, North Korea, and Syria are prohibited by the laws of the United States. (13) Foreign persons that make such transfers may be sanctioned by the United States pursuant to the Iran, North Korea, and Syria Nonproliferation Act. (14) Denying Iran, North Korea, and Syria access to the goods, services, and technology needed to utilize their domestic sources of uranium ore for their nuclear weapons programs should be a significant nonproliferation goal of the United States and like-minded countries. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States-- (1) to oppose the transfer to Iran, North Korea, and Syria of goods, services, or technology relevant to their capability to extract or mill uranium ore; and (2) to work with like-minded countries to impose restrictions on such transfers internationally. SEC. 4. REPORTING REQUIREMENTS UNDER THE IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION ACT. Section 2(a) of the Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) is amended-- (1) in paragraph (1), by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) in subparagraph (B), as redesignated-- (A) by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (B) by striking the period at the end and inserting ``; or''; (4) by striking all that precedes subparagraph (A), as redesignated, and inserting the following: ``(a) Reports.--The President shall, at the times specified in subsection (b), submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying every foreign person with respect to whom there is credible information indicating that person-- ``(1) on or after January 1, 1999, transferred to or acquired from Iran, on or after January 1, 2005, transferred to or acquired from Syria, or on or after January 1, 2006, transferred to or acquired from North Korea--''; and (5) by adding at the end the following new paragraph: ``(2) on or after January 1, 2009, transferred to Iran, Syria, or North Korea goods, services, or technology that could assist efforts to extract or mill uranium ore within the territory or control of Iran, North Korea, or Syria.''. SEC. 5. CONFORMING AMENDMENTS. The Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C. 1701 note) is further amended by striking ``Committee on International Relations'' each place it appears and inserting ``Committee on Foreign Affairs''.

International Uranium Extraction and Milling Control Act of 2009 - States that it shall be U.S. policy to: (1) oppose the transfer to Iran, North Korea, and Syria of goods, services, or technology relevant to their capability to extract or mill uranium ore; and (2) work with like-minded countries to impose international restrictions on such transfers. Amends the Iran, North Korea, and Syria Nonproliferation Act to include in the President's proliferation report to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations identification of every foreign person who on or after January 1, 2009, transferred to Iran, Syria, or North Korea goods, services, or technology that could assist efforts to extract or mill uranium ore within the territory or control of Iran, North Korea, or Syria.

To provide for the application of measures to foreign persons who transfer to Iran, Syria, or North Korea certain goods, services, or technology that could assist Iran, Syria, or North Korea to extract or mill their domestic sources of uranium ore.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Addiction Treatment Act of 1999''. SEC. 2. AMENDMENT TO CONTROLLED SUBSTANCES ACT. Section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)) is amended-- (1) in paragraph (2), by striking ``(A) security'' and inserting ``(i) security'', and by striking ``(B) the maintenance'' and inserting ``(ii) the maintenance''; (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3) by inserting ``(1)'' after ``(g)''; (4) by striking ``Practitioners who dispense'' and inserting ``Except as provided in paragraph (2), practitioners who dispense''; and (5) by adding at the end the following: ``(2)(A) Subject to subparagraphs (D) and (G), the requirements of paragraph (1) are waived in the case of the dispensing, by a practitioner, of narcotic drugs in schedule IV or V or combinations of such drugs if the practitioner meets the conditions specified in subparagraph (B) and the narcotic drugs or combinations of such drugs meet the conditions specified in subparagraph (C). ``(B) For purposes of subparagraph (A), the conditions specified in this subparagraph with respect to a practitioner are that, before dispensing narcotic drugs in schedule IV or V, or combinations of such drugs, to patients for maintenance or detoxification treatment, the practitioner submit to the Secretary a notification of the intent of the practitioner to begin dispensing the drugs or combinations for such purpose, and that the notification contain the following certifications by the practitioner: ``(i) The practitioner is a physician licensed under State law, and the practitioner has, by training or experience, the ability to treat and manage opiate- dependent patients. ``(ii) With respect to patients to whom the practitioner will provide such drugs or combinations of drugs, the practitioner has the capacity to refer the patients for appropriate counseling and other appropriate ancillary services. ``(iii) In any case in which the practitioner is not in a group practice, the total number of such patients of the practitioner at any one time will not exceed the applicable number. For purposes of this clause, the applicable number is 20, except that the Secretary may by regulation change such total number. ``(iv) In any case in which the practitioner is in a group practice, the total number of such patients of the group practice at any one time will not exceed the applicable number. For purposes of this clause, the applicable number is 20, except that the Secretary may by regulation change such total number, and the Secretary for such purposes may by regulation establish different categories on the basis of the number of practitioners in a group practice and establish for the various categories different numerical limitations on the number of such patients that the group practice may have. ``(C) For purposes of subparagraph (A), the conditions specified in this subparagraph with respect to narcotic drugs in schedule IV or V or combinations of such drugs are as follows: ``(i) The drugs or combinations of drugs have, under the Federal Food, Drug and Cosmetic Act or section 351 of the Public Health Service Act, been approved for use in maintenance or detoxification treatment. ``(ii) The drugs or combinations of drugs have not been the subject of an adverse determination. For purposes of this clause, an adverse determination is a determination published in the Federal Register and made by the Secretary, after consultation with the Attorney General, that the use of the drugs or combinations of drugs for maintenance or detoxification treatment requires additional standards respecting the qualifications of practitioners to provide such treatment, or requires standards respecting the quantities of the drugs that may be provided for unsupervised use. ``(D)(i) A waiver under subparagraph (A) with respect to a practitioner is not in effect unless (in addition to conditions under subparagraphs (B) and (C)) the following conditions are met: ``(I) The notification under subparagraph (B) is in writing and states the name of the practitioner. ``(II) The notification identifies the registration issued for the practitioner pursuant to subsection (f). ``(III) If the practitioner is a member of a group practice, the notification states the names of the other practitioners in the practice and identifies the registrations issued for the other practitioners pursuant to subsection (f). ``(IV) A period of 30 days has elapsed after the date on which the notification was submitted, and during such period the practitioner does not receive from the Secretary a written notice that one or more of the conditions specified in subparagraph (B), subparagraph (C), or this subparagraph, have not been met. ``(ii) The Secretary shall provide to the Attorney General such information contained in notifications under subparagraph (B) as the Attorney General may request. ``(E) If in violation of subparagraph (A) a practitioner dispenses narcotic drugs in schedule IV or V or combinations of such drugs for maintenance treatment or detoxification treatment, the Attorney General may, for purposes of section 304(a)(4), consider the practitioner to have committed an act that renders the registration of the practitioner pursuant to subsection (f) to be inconsistent with the public interest. ``(F) In this paragraph, the term `group practice' has the meaning given such term in section 1877(h)(4) of the Social Security Act. ``(G)(i) This paragraph takes effect on the date of enactment of the Drug Addiction Treatment Act of 1999, and remains in effect thereafter except as provided in clause (iii) (relating to a decision by the Secretary or the Attorney General that this paragraph should not remain in effect). ``(ii) For the purposes relating to clause (iii), the Secretary and the Attorney General shall, during the 3-year period beginning on the date of enactment of the Drug Addiction Treatment Act of 1999, make determinations in accordance with the following: ``(I)(aa) The Secretary shall-- ``(aaa) make a determination of whether treatments provided under waivers under subparagraph (A) have been effective forms of maintenance treatment and detoxification treatment in clinical settings; ``(bbb) make a determination regarding whether such waivers have significantly increased (relative to the beginning of such period) the availability of maintenance treatment and detoxification treatment; and ``(ccc) make a determination regarding whether such waivers have adverse consequences for the public health. ``(bb) In making determinations under this subclause, the Secretary-- ``(aa) may collect data from the practitioners for whom waivers under subparagraph (A) are in effect; ``(bb) shall promulgate regulations (in accordance with procedures for substantive rules under section 553 of title 5, United States Code) specifying the scope of the data that will be required to be provided under this subclause and the means through which the data will be collected; and ``(cc) shall, with respect to collecting such data, comply with applicable provisions of chapter 6 of title 5, United States Code (relating to a regulatory flexibility analysis) and of chapter 8 of such title (relating to congressional review of agency rulemaking). ``(II) The Attorney General shall-- ``(aa) make a determination of the extent to which there have been violations of the numerical limitations established under subparagraph (B) for the number of individuals to whom a practitioner may provide treatment; ``(bb) make a determination regarding whether waivers under subparagraph (A) have increased (relative to the beginning of such period) the extent to which narcotic drugs in schedule IV or V or combinations of such drugs are being dispensed or possessed in violation of this Act; and ``(cc) make a determination regarding whether such waivers have adverse consequences for the public health. ``(iii) If, before the expiration of the period specified in clause (ii), the Secretary or the Attorney General publishes in the Federal Register a decision, made on the basis of determinations under such clause, that this paragraph should not remain in effect, this paragraph ceases to be in effect 60 days after the date on which the decision is so published. The Secretary shall, in making any such decision, consult with the Attorney General, and shall, in publishing the decision in the Federal Register, include any comments received from the Attorney General for inclusion in the publication. The Attorney General shall, in making any such decision, consult with the Secretary, and shall, in publishing the decision in the Federal Register, include any comments received from the Secretary for inclusion in the publication. ``(H) During the 3-year period beginning on the date of enactment of the Drug Addiction Treatment Act of 1999, a State may not preclude a practitioner from dispensing narcotic drugs in schedule IV or V, or combinations of such drugs, to patients for maintentance or detoxification treatment in accordance with the Drug Addiction Treatment Act of 1999, unless, before the expiration of that 3-year period, the State enacts a law prohibiting a practitioner from dispensing such drugs or combination of drugs.''. (e) Conforming Amendment.--Section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended-- (1) in subsection (a), in the matter following paragraph (5), by striking ``section 303(g)'' each place the term appears and inserting ``section 303(g)(1)''; and (2) in subsection (d), by striking ``section 303(g)'' and inserting ``section 303(g)(1)''.

Drug Addiction Treatment Act of 1999 - Amends the Controlled Substances Act to waive the requirement that practitioners who dispense narcotic drugs to individuals for maintenance or detoxification treatment annually obtain a separate registration for that purpose, and that the Attorney General register an applicant to dispense narcotic drugs to individuals for such treatment, in the case of the dispensing by a practitioner of narcotic drugs in schedule IV or V or combinations of such drugs (schedule IV-V drugs) if the practitioner and the drugs meet specified conditions. Requires that: (1) the practitioner, before dispensing schedule IV-V drugs to patients for maintenance or detoxification treatment, submit to the Secretary of Health and Human Services a notification of intent to begin dispensing such drugs for that purpose, including certifications that the practitioner is licensed under State law and has the ability to treat and manage opiate-dependent patients, has the capacity to refer the patients for appropriate counseling and other appropriate ancillary services, and meets other specified requirements; and (2) the schedule IV-V drugs have been approved for use in maintenance or detoxification treatment and have not been the subject of an "adverse determination" (i.e., requires additional standards regarding the qualifications of practitioners to provide such treatment, or requires standards regarding the quantities of the drugs that may be provided for unsupervised use). Sets forth specified procedural requirements to make the waiver effective. Requires the Secretary and the Attorney General, during the three-year period beginning on the date of this Act's enactment, to make determinations regarding whether: (1) treatments provided under such waivers have been effective forms of maintenance and detoxification treatment in clinical settings; (2) such waivers have significantly increased the availability of such treatment; and (3) such waivers have adverse public health consequences. Authorizes the Secretary to collect data from the practitioners for whom waivers are in effect. Sets forth further requirements with respect to the Secretary and the Attorney General, and further procedural requirements. Prohibits a State, during the three-year period, from precluding a practitioner from dispensing schedule IV-V drugs to patients for maintenance or detoxification treatment in accordance with this Act unless, before the expiration of such period, the State enacts a law prohibiting a practitioner from dispensing such drugs.

Drug Addiction Treatment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Virgin Islands Visa Waiver Act of 2012''. SEC. 2. VIRGIN ISLANDS VISA WAIVER PROGRAM. (a) In General.--Section 212(l) of the Immigration and Nationality Act (8 U.S.C. 1182(l)) is amended-- (1) by amending the subsection heading to read as follows: ``Guam, Northern Mariana Islands, and Virgin Islands Visa Waiver Programs.--''; and (2) by adding at the end the following: ``(7) Virgin islands visa waiver program.-- ``(A) In general.--The requirement of subsection (a)(7)(B)(i) may be waived by the Secretary of Homeland Security, in the case of an alien who is a national of a country described in subparagraph (B) and who is applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and stay in the United States Virgin Islands for a period not to exceed 30 days, if the Secretary of Homeland Security, after consultation with the Secretary of the Interior, the Secretary of State, the Governor of the United States Virgin Islands, determines that such a waiver does not represent a threat to the welfare, safety, or security of the United States or its territories and commonwealths. ``(B) Countries.--A country described in this subparagraph is a country that-- ``(i) is a member or an associate member of the Caribbean Community (CARICOM); and ``(ii) is listed in the regulations described in subparagraph (D). ``(C) Alien waiver of rights.--An alien may not be provided a waiver under this paragraph unless the alien has waived any right-- ``(i) to review or appeal under this Act an immigration officer's determination as to the admissibility of the alien at the port of entry into the United States Virgin Islands; or ``(ii) to contest, other than on the basis of an application for withholding of removal under section 241(b)(3) of this Act or under the Convention Against Torture, or an application for asylum if permitted under section 208, any action for removal of the alien. ``(D) Regulations.--All necessary regulations to implement this paragraph shall be promulgated by the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, on or before the 60th day after the date of enactment of the Virgin Islands Visa Waiver Act of 2012. The promulgation of such regulations shall be considered a foreign affairs function for purposes of section 553(a) of title 5, United States Code. At a minimum, such regulations should include, but not necessarily be limited to-- ``(i) a listing of all member or associate member countries of the Caribbean Community (CARICOM) whose nationals may obtain the waiver provided by this paragraph, except that such regulations shall not provide for a listing of any country if the Secretary of Homeland Security determines that such country's inclusion on such list would represent a threat to the welfare, safety, or security of the United States or its territories and commonwealths; and ``(ii) any bonding requirements for nationals of some or all of those countries who may present an increased risk of overstays or other potential problems, if different from such requirements otherwise provided by law for nonimmigrant visitors. ``(E) Factors.--In determining whether to grant or continue providing the waiver under this paragraph to nationals of any country, the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, shall consider all factors that the Secretary deems relevant, including electronic travel authorizations, procedures for reporting lost and stolen passports, repatriation of aliens, rates of refusal for nonimmigrant visitor visas, overstays, exit systems, and information exchange. ``(F) Suspension.--The Secretary of Homeland Security shall monitor the admission of nonimmigrant visitors to the United States Virgin Islands under this paragraph. If the Secretary determines that such admissions have resulted in an unacceptable number of visitors from a country remaining unlawfully in the United States Virgin Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from a country pose a risk to law enforcement or security interests of the United States Virgin Islands or of the United States (including the interest in the enforcement of the immigration laws of the United States), the Secretary shall suspend the admission of nationals of such country under this paragraph. The Secretary of Homeland Security may in the Secretary's discretion suspend the United States Virgin Islands visa waiver program at any time, on a country-by- country basis, for other good cause. ``(G) Addition of countries.--The Governor of the United States Virgin Islands may request the Secretary of the Interior and the Secretary of Homeland Security to add a particular country to the list of countries whose nationals may obtain the waiver provided by this paragraph, and the Secretary of Homeland Security may grant such request after consultation with the Secretary of the Interior and the Secretary of State, and may promulgate regulations with respect to the inclusion of that country and any special requirements the Secretary of Homeland Security, in the Secretary's sole discretion, may impose prior to allowing nationals of that country to obtain the waiver provided by this paragraph.''. (b) Conforming Amendments.-- (1) Documentation requirements.--Section 212(a)(7)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(iii)) is amended to read as follows: ``(iii) Special visa waiver programs.--For a provision authorizing waiver of clause (i) in the case of visitors to Guam, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands, see subsection (l).''. (2) Admission of nonimmigrants.--Section 214(a)(1) of such Act (8 U.S.C. 1184(a)(1)) is amended by inserting before the final sentence the following: ``No alien admitted to the United States Virgin Islands without a visa pursuant to section 212(l)(7) may be authorized to enter or stay in the United States other than in United States Virgin Islands or to remain in the United States Virgin Islands for a period exceeding 30 days from date of admission to the United States Virgin Islands.''.

Virgin Islands Visa Waiver Act of 2012 - Amends the Immigration and Nationality Act to establish a visa waiver program for the United States Virgin Islands for a national of a country that is a member or an associate member of the Caribbean Community (CARICOM) listed in regulations under this Act and who is applying for admission as a nonimmigrant business or pleasure visitor solely for entry into and stay in the United States Virgin Islands for not more than 30 days, if the Secretary of Homeland Security (DHS) determines that such waiver does not represent a threat to the welfare or security of the United States or its territories and commonwealths. Directs the Secretary to suspend the admission of nationals of a country if such admissions have resulted in an unacceptable number of visitors remaining unlawfully in the United States Virgin Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from such country pose a risk to law enforcement or security interests of the United States Virgin Islands or of the United States. Authorizes the Secretary to suspend the program at any time, on a country-by-country basis, for other good cause. Provides for the addition of program countries.

To establish a visa waiver program for the United States Virgin Islands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Desalinization Research and Development Act of 1994''. SEC. 2. DECLARATION OF POLICY. In view of the increasing shortage of usable surface and ground water in many parts of the United States and the world, it is the policy of the United States to perform research to develop low-cost alternatives in the desalinization and reuse of saline or biologically impaired water to provide water of a quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses, and to provide, through cooperative activities with local sponsors, desalinization and water reuse processes or facilities which provide proof-of-concept demonstrations of advanced technologies for the purpose of developing and conserving the water resources of this Nation and the world. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``desalinization'' means the use of any process or technique for the removal and, when feasible, adaptation to beneficial use, of organic and inorganic elements and compounds from saline or biologically impaired waters, by itself or in conjunction with other processes; (2) the term ``saline water'' means sea water, brackish water, and other mineralized or chemically impaired water; (3) the term ``United States'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; (4) the term ``usable water'' means water of a high quality suitable for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses; and (5) the term ``sponsor'' means any local, State, or interstate agency responsible for the sale and delivery of usable water that has the legal and financial authority and capability to provide the financial and real property requirements needed for a desalinization facility. SEC. 4. RESPONSIBILITY FOR THE PROGRAM. (a) Research and Development.--The Secretary of the Interior shall have primary program management and oversight for conduct of the research and development under this Act and shall coordinate these activities with the Secretary of the Army. (b) Desalinization Development Program.--The Secretary of the Interior shall jointly execute the Desalinization Development Program established under section 6 with the Secretary of the Army. SEC. 5. RESEARCH AND DEVELOPMENT. (a) In General.--In order to gain basic knowledge concerning the most efficient means by which usable water can be produced from saline water, the Secretary of the Interior and the Secretary of the Army shall conduct a basic research and development program as established by this Act. (b) Contents of Program.--For the basic research and development program, the Secretary of the Interior and the Secretary of the Army shall-- (1) conduct, encourage, and promote fundamental scientific research and basic studies to develop the best and most economical processes and methods for converting saline water into usable water through research grants and contracts-- (A) to conduct research and technical development work, (B) to make studies in order to ascertain the optimum mix of investment and operating costs, (C) to determine the best designs for different conditions of operation, and (D) to investigate increasing the economic efficiency of desalinization processes by using them as dual-purpose co-facilities with other processes involving the use of water; (2) engage, by competitive or noncompetitive contract or any other means, necessary personnel, industrial or engineering firms, Federal laboratories and other facilities, and educational institutions suitable to conduct research or other work; (3) study methods for the recovery of byproducts resulting from the desalinization of water to offset the costs of treatment and to reduce the environmental impact from those byproducts; and (4) prepare a management plan for conduct of the research and development program established under this section. SEC. 6. DESALINIZATION DEVELOPMENT PROGRAM. (a) Program Responsibility.--The Secretary of the Interior shall have program responsibility for the Desalinization Development Program established under this section (referred to in this section as the ``Desalinization Development Program''). (b) Design and Construction.--The Secretary of the Army and the Secretary of the Interior both shall have authority to design and construct facilities under the Desalinization Development Program. (c) Selection of Desalinization Development Facilities.--Candidate facilities shall be submitted by the sponsor directly to the Secretary of the Army or the Secretary of the Interior. Sponsors shall submit their application for the design and construction of a facility and certification that they can provide the required cost sharing. Facilities shall be selected subject to availability of Federal funds. (d) Cost Sharing.-- (1) Initial cost.--The initial cost of a facility shall include-- (A) design cost, (B) construction cost, (C) lands, easements, and rights-of-way costs, and (D) relocation costs. (2) General rule.--The sponsor for a facility under the Desalinization Development Program shall pay, during construction, at least 25 percent of the initial cost of the facility, including providing all lands, easements, and rights- of-way and performing all related necessary relocations. (3) 25-percent minimum contribution.--If the value of the contributions required under paragraph (2) of this subsection is less than 25 percent of the initial cost of the facility, the sponsor shall pay during construction of the facility such additional amounts as are necessary so that the total contribution of the sponsor is equal to 25 percent of the initial cost of the facility. (4) 50-percent maximum.--The sponsor share under paragraph (2) shall not exceed 50 percent of the initial cost of the facility. (e) Maximum Initial Cost.--The initial cost of a facility under subsection (d)(1) may not exceed $10,000,000. (f) Operation and Maintenance.--Operation, maintenance, repair, and rehabilitation of facilities shall be the responsibility of the sponsor. (g) Revenue.--All revenue generated from the sale of usable water from the facilities shall be retained by the sponsors. SEC. 7. PARTICIPATION BY INTERESTED AGENCIES AND OTHER PERSONS. (a) Coordination With Other Agencies.-- (1) In general.--Research and development activities undertaken by the Secretary of the Interior under this Act shall be coordinated or conducted jointly, as appropriate-- (A) with the Department of Commerce, specifically with respect to marketing and international competition, and (B) with-- (i) the Departments of Defense, Agriculture, State, Health and Human Services, and Energy, (ii) the Environmental Protection Agency, (iii) the Agency for International Development, and (iv) other concerned Government and private entities. (2) Other agencies.--Other interested agencies may furnish appropriate resources to the Secretary of the Interior to further the activities in which they are interested. (b) Availability of Research.--All research sponsored or funded under authority of this Act shall be provided in such manner that information, products, processes, and other developments resulting from Federal expenditures or authorities shall (with exceptions necessary for national defense and the protection of patent rights) be available to the general public consistent with this Act. (c) Relationship to Antitrust Laws.--Section 10 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5909) shall apply to the activities of individuals, corporations, and other business organizations in connection with grants and contracts made by the Secretary of the Interior pursuant to this Act. SEC. 8. TECHNICAL AND ADMINISTRATIVE ASSISTANCE. The Secretary of the Interior is authorized to accept technical and administrative assistance from a State, public, or private agency in connection with research and development activities relating to desalinization of water and may enter into contracts or agreements stating the purpose for which the assistance is contributed and, in appropriate circumstances, providing for the sharing of costs between the Secretary of the Interior and such agency. SEC. 9. MISCELLANEOUS AUTHORITIES. In carrying out this Act, the Secretary of the Interior or the Secretary of the Army, as appropriate, may-- (1) make grants to educational and scientific institutions; (2) contract with educational and scientific institutions and engineering and industrial firms; (3) engage, by competition or noncompetitive contract or any other means, necessary personnel, industrial and engineering firms and educational institutions; (4) use the facilities and personnel of Federal, State, municipal, and private scientific laboratories; (5) contract for or establish and operate facilities and tests to conduct research, testing, and development necessary for the purposes of this Act; (6) acquire processes, data, inventions, patent applications, patents, licenses, lands, interests in lands and water, facilities, and other property by purchase, license, lease, or donation; (7) assemble and maintain domestic and foreign scientific literature and issue pertinent bibliographical data; (8) conduct inspections and evaluations of domestic and foreign facilities and cooperate and participate in their development; (9) conduct and participate in regional, national, and international conferences relating to the desalinization of water; (10) coordinate, correlate, and publish information which will advance the development of the desalinization of water; and (11) cooperate with Federal, State, and municipal departments, agencies and instrumentalities, and with private persons, firms, educational institutions, and other organizations, including foreign governments, departments, agencies, companies, and instrumentalities, in effectuating the purposes of this Act. SEC. 10. DESALINIZATION CONFERENCE. (a) Establishment.--The President shall instruct the Agency for International Development to sponsor an international desalinization conference within twelve months following the date of the enactment of this Act. Participants in such conference should include scientists, private industry experts, desalinization experts and operators, government officials from the nations that use and conduct research on desalinization, and those from nations that could benefit from low-cost desalinization technology, particularly in the developing world, and international financial institutions. (b) Purpose.--The conference established in subsection (a) shall explore promising new technologies and methods to make affordable desalinization a reality in the near term, and shall further propose a research agenda and a plan of action to guide longer-term development of practical desalinization applications. (c) Funding.--Funding for the international desalinization conference may come from operating or program funds of the Agency for International Development. The Agency for International Development shall encourage financial and other support from other nations, including those that have desalinization technology and those that might benefit from it. SEC. 11. REPORTS. Prior to the expiration of the twelve-month period following the date of enactment of this Act, and each twelve-month period thereafter, the Secretary of the Interior, in consultation with the Secretary of the Army, shall prepare a report to the President and Congress concerning the administration of this Act. Such report shall include the actions taken by the Secretary of the Interior and the Secretary of the Army during the calendar year preceding the calendar year in which such report is filed, and shall include actions planned for the next following calendar year. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) Research and Development.--There are authorized to be appropriated to carry out section 5 $5,000,000 for fiscal year 1995, $10,000,000 for fiscal year 1996, and such sums as may be necessary for each of fiscal years 1997 through 1999. (b) Desalinization Development Program.--There are authorized to be appropriated to carry out section 6 such sums as may be necessary, up to a total of $50,000,000, for fiscal years 1995 through 1999. Funds made available under this subsection shall be made available in equal amounts to the Department of the Interior and the civil works program of the Army Corps of Engineers. Passed the Senate August 4 (legislative day, July 20), 1994. Attest: MARTHA S. POPE, Secretary.

Desalinization Research and Development Act of 1994 - Directs the Secretary of the Interior and the Secretary of the Army to conduct a basic research and development program to gain knowledge concerning the most efficient means by which usable water can be produced from saline water. Grants the Secretaries authority to design and construct desalinization facilities in cost-sharing cooperation with applying sponsors. Directs the President to instruct the Agency for International Development to sponsor an international desalinization conference to explore new technologies of affordable desalinization and propose a research agenda. Requires reports to the Congress and the President. Authorizes appropriations.

Desalinization Research and Development Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Efficiently Act of 2016''. SEC. 2. EXPANSION OF NEW ENERGY EFFICIENT HOME CREDIT. (a) In General.--Paragraph (2) of section 45L(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following: ``(C) in lieu of subparagraphs (A) and (B), in the case of qualified new energy efficient home that is a qualified energy efficient residential rental property, 3.3 percent of the cost of construction of such property, reduced by any expenditure not taken into account under this section by reason of subsection (f).''. (b) Qualified Energy Efficient Residential Rental Property Defined.--Subsection (b) of section 45L of such Code is amended by adding at the end the following: ``(5) Qualified energy efficient residential rental property.-- ``(A) In general.--The term `qualified energy efficient residential real property' means a building which is residential rental property which is described in subparagraph (B), (C), or (D). ``(B) New or reconstructed building.--A building is described in this subparagraph if-- ``(i) the certification requirements of subparagraph (E) with respect to the building are met, ``(ii) the original use of which commences with the taxpayer, and ``(iii) the building is placed in service after the date of the enactment of the Building Efficiently Act of 2016. ``(C) Improvements to existing building.--A building is described in this subparagraph if, only after improvements are made to the building-- ``(i) the certification requirements of subparagraph (E) with respect to the building are met, ``(ii) the original use of the improved building commences with the taxpayer, ``(iii) the improved building is placed in service after the date of the enactment of the Building Efficiently Act of 2016, and ``(iv) the taxpayer elects to the application of this paragraph with respect to the building. ``(D) Buildings acquired by purchase.--A building is described in this subparagraph if the building-- ``(i) is acquired by purchase from an unrelated person, ``(ii) meets the certification requirements of subparagraph (E), and ``(iii) is placed in service after the date of the enactment of the Building Efficiently Act of 2016. ``(E) Certification requirements.--The requirements of this subparagraph are met if, with respect to a building, the building is certified in accordance with subsection (d) as being constructed, reconstructed, or retrofitted, as the case may be, under a plan designed to reduce energy and power consumption of the building by 40 percent or more in comparison to-- ``(i) in the case of retrofits made to an existing building, the baseline annual energy and power consumption of the building, or ``(ii) in any other case, a reference building which meets the minimum requirements of the International Energy Conservation Code 2004 using methods of calculation under subsection (d). ``(F) Baseline annual energy and power consumption.--The baseline annual energy and power consumption of any building shall be determined by using-- ``(i) a building energy performance benchmarking tool designated for purposes of this paragraph by the Administrator of the Environmental Protection Agency, which is based upon energy and power consumption data during the 1-year period ending on the date on which retrofits under the plan are placed in service, or ``(ii) such other methods of calculation as certified by the Secretary in accordance with subsection (d). ``(G) Related persons.--For purposes of subparagraph (D), a person is related to another person if-- ``(i) the persons are members of an affiliated group (as defined in section 1504), or ``(ii) the persons have a relationship described in subsection (b) of section 267; except that, for purposes of this clause, the phrase `80 percent or more' shall be substituted for the phrase `more than 50 percent' each place it appears in such subsection and rules similar to the rules of subsections (c) and (e) (other than paragraphs (4) and (5) thereof) shall apply.''. (c) Conforming Amendment.--Section 45L(d) is amended by striking ``subsection (c)'' both places it appears and inserting ``subsection (b)(5) or (c)''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2015. SEC. 3. ELIMINATION OF BASIS REDUCTION FOR LOW-INCOME HOUSING PROPERTIES RECEIVING CERTAIN ENERGY BENEFITS. (a) New Energy Efficient Home Credit.--Subsection (e) of section 45L of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Adjustment.--For purposes'' and inserting ``Adjustment.-- ``(1) In general.--For purposes'', and (2) by adding at the end the following new paragraph: ``(2) Exception for low-income housing properties.-- Paragraph (1) shall not apply to any property with respect to which a credit is allowed under section 42.''. (b) Energy Efficient Commercial Buildings Deduction.--Subsection (e) of section 179D of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Reduction.--For purposes'' and inserting ``Reduction.-- ``(1) In general.--For purposes'', and (2) by adding at the end the following new paragraph: ``(2) Exception for low-income housing properties.-- Paragraph (1) shall not apply to any property with respect to which a credit is allowed under section 42.''. (c) Energy Credit.--Paragraph (3) of section 50(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of subparagraph (A), (2) by striking the period at the end of subparagraph (B) and inserting ``, and'', and (3) by adding at the end the following new subparagraph: ``(C) paragraph (1) shall not apply to any property with respect to which a credit is allowed under section 42.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2015.

Building Efficiently Act of 2016 This bill amends the Internal Revenue Code to expand the new energy efficient home tax credit to allow, in lieu of the existing credit, a credit for 3.3% of the cost of constructing a new energy efficient home that is a qualified energy efficient residential rental property. An energy efficient residential rental property must be certified as being constructed, reconstructed, or retrofitted under a plan designed to reduce energy and power consumption of the building by at least 40% compared to: (1) the baseline annual energy and power consumption of the building in the case of a retrofit made to an existing building, or (2) a reference building which meets the minimum requirements of the International Energy Conservation Code 2004 in any other case. The bill also eliminates the basis reduction requirements for low-income housing properties receiving: (1) the new energy efficient home credit, (2) the energy efficient commercial buildings deduction, or (3) the credit for investments in energy property.

Building Efficiently Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Satisfying Energy Needs and Saving the Environment Act'' or the ``SENSE Act''. SEC. 2. STANDARDS FOR COAL REFUSE POWER PLANTS. (a) Definitions.--In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Boiler operating day.--The term ``boiler operating day'' has the meaning given such term in section 63.10042 of title 40, Code of Federal Regulations, or any successor regulation. (3) Coal refuse.--The term ``coal refuse'' means any byproduct of coal mining, physical coal cleaning, or coal preparation operation that contains coal, matrix material, clay, and other organic and inorganic material. (4) Coal refuse electric utility steam generating unit.-- The term ``coal refuse electric utility steam generating unit'' means an electric utility steam generating unit that-- (A) is in operation as of the date of enactment of this Act; (B) uses fluidized bed combustion technology to convert coal refuse into energy; and (C) uses coal refuse as at least 75 percent of the annual fuel consumed, by heat input, of the unit. (5) Coal refuse-fired facility.--The term ``coal refuse- fired facility'' means all coal refuse electric utility steam generating units that are-- (A) located on one or more contiguous or adjacent properties; (B) specified within the same Major Group (2-digit code), as described in the Standard Industrial Classification Manual (1987); and (C) under common control of the same person (or persons under common control). (6) Cross-state air pollution rule.--The terms ``Cross- State Air Pollution Rule'' and ``CSAPR'' mean the regulatory program promulgated by the Administrator to address the interstate transport of air pollution in parts 51, 52, and 97 of title 40, Code of Federal Regulations, including any subsequent or successor regulation. (7) Electric utility steam generating unit.--The term ``electric utility steam generating unit'' means either or both-- (A) an electric utility steam generating unit, as such term is defined in section 63.10042 of title 40, Code of Federal Regulations, or any successor regulation; or (B) an electricity generating unit or electric generating unit, as such terms are used in CSAPR. (8) Phase i.--The term ``Phase I'' means, with respect to CSAPR, the initial compliance period under CSAPR, identified for the 2015 and 2016 annual compliance periods. (b) Application of CSAPR to Certain Coal Refuse Electric Utility Steam Generating Units.-- (1) Coal refuse electric utility steam generating units combusting bituminous coal refuse.-- (A) Applicability.--This paragraph applies with respect to any coal refuse electric utility steam generating unit that-- (i) combusts coal refuse derived from the mining and processing of bituminous coal; and (ii) is subject to sulfur dioxide allowance surrender provisions pursuant to CSAPR. (B) Continued applicability of phase i allowance allocations.--In carrying out CSAPR, the Administrator shall provide that, for any compliance period, the allocation (whether through a Federal implementation plan or State implementation plan) of sulfur dioxide allowances for a coal refuse electric utility steam generating unit described in subparagraph (A) is equivalent to the allocation of the unit-specific sulfur dioxide allowance allocation identified for such unit for Phase I, as referenced in the notice entitled ``Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances to Existing Electricity Generating Units'' (79 Fed. Reg. 71674 (December 3, 2014)). (C) Rules for allowance allocations.--For any compliance period under CSAPR that commences on or after January 1, 2017, any sulfur dioxide allowance allocation provided by the Administrator to a coal refuse electric utility steam generating unit described in subparagraph (A)-- (i) shall not be transferable for use by any other source not located at the same coal refuse-fired facility as the relevant coal refuse electric utility steam generating unit; (ii) may be transferable for use by another source located at the same coal refuse-fired facility as the relevant coal refuse electric utility steam generating unit; (iii) may be banked for application to compliance obligations in future compliance periods under CSAPR; and (iv) shall be surrendered upon the permanent cessation of operation of such coal refuse electric utility steam generating unit. (2) Other sources.-- (A) No increase in overall state budget of sulfur dioxide allowance allocations.--For purposes of paragraph (1), the Administrator may not, for any compliance period under CSAPR, increase the total budget of sulfur dioxide allowance allocations for a State in which a unit described in paragraph (1)(A) is located. (B) Compliance periods 2017 through 2020.--For any compliance period under CSAPR that commences on or after January 1, 2017, but before December 31, 2020, the Administrator shall carry out subparagraph (A) by proportionally reducing, as necessary, the unit- specific sulfur dioxide allowance allocations from each source that-- (i) is located in a State in which a unit described in paragraph (1)(A) is located; (ii) permanently ceases operation, or converts its primary fuel source from coal to natural gas, prior to the relevant compliance period; and (iii) otherwise receives an allocation of sulfur dioxide allowances under CSAPR for such period. (c) Emission Limitations To Address Hydrogen Chloride and Sulfur Dioxide as Hazardous Air Pollutants.-- (1) Applicability.--For purposes of regulating emissions of hydrogen chloride or sulfur dioxide from a coal refuse electric utility steam generating unit under section 112 of the Clean Air Act (42 U.S.C. 7412), the Administrator-- (A) shall authorize the operator of such unit to elect that such unit comply with either-- (i) an emissions standard for emissions of hydrogen chloride that meets the requirements of paragraph (2); or (ii) an emission standard for emissions of sulfur dioxide that meets the requirements of paragraph (2); and (B) may not require that such unit comply with both an emission standard for emissions of hydrogen chloride and an emission standard for emissions of sulfur dioxide. (2) Rules for emission limitations.-- (A) In general.--The Administrator shall require an operator of a coal refuse electric utility steam generating unit to comply, at the election of the operator, with no more than one of the following emission standards: (i) An emission standard for emissions of hydrogen chloride from such unit that is no more stringent than an emission rate of 0.002 pounds per million British thermal units of heat input. (ii) An emission standard for emissions of hydrogen chloride from such unit that is no more stringent than an emission rate of 0.02 pounds per megawatt-hour. (iii) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than an emission rate of 0.20 pounds per million British thermal units of heat input. (iv) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than an emission rate of 1.5 pounds per megawatt-hour. (v) An emission standard for emissions of sulfur dioxide from such unit that is no more stringent than capture and control of 93 percent of sulfur dioxide across the generating unit or group of generating units, as determined by comparing-- (I) the expected sulfur dioxide generated from combustion of fuels emissions calculated based upon as- fired fuel samples; to (II) the actual sulfur dioxide emissions as measured by a sulfur dioxide continuous emission monitoring system. (B) Measurement.--An emission standard described in subparagraph (A) shall be measured as a 30 boiler operating day rolling average per coal refuse electric utility steam generating unit or group of coal refuse electric utility steam generating units located at a single coal refuse-fired facility. Passed the House of Representatives March 15, 2016. Attest: KAREN L. HAAS, Clerk.

. Satisfying Energy Needs and Saving the Environment Act or the SENSE Act (Sec. 2) This bill modifies the Cross-State Air Pollution Rule as it applies to certain electric utility steam generating units (electric power plants) that convert coal refuse into energy. The Environmental Protection Agency (EPA) must maintain the existing limits for sulfur dioxide emissions from coal refuse utilities under the cap-and-trade system, instead of applying the more restrictive limits that are scheduled to go into effect in 2017. (Under the current system, a cap sets a limit on emissions. The cap is lowered over time to reduce the amount of pollutants released. Utilities may only emit as much carbon as permitted under their allowances, which may be traded with others.) Thus, the EPA must allocate to coal refuse utilities in 2017 and subsequent years the same number of emissions allowances for sulfur dioxide that have been previously allocated to coal refuse utilities, instead of reducing allowances. After January 1, 2017, a coal refuse utility may not trade any unused sulfur dioxide allowances. Those allowances may be saved by the coal refuse utilities for use in future compliance periods. The EPA may not increase the total number of allowances for sulfur dioxide emissions from all sources that are allocated to each state. The bill eases emission limits for hazardous air pollutants from coal refuse utilities. The EPA must allow the utilities to meet compliance requirements by meeting the maximum achievable control technology standards for either hydrogen chloride or sulfur dioxide.

SENSE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Advisory Program Authorization Act of 2018'' or the ``IAP Authorization Act of 2018''. SEC. 2. AUTHORIZATION OF THE IMMIGRATION ADVISORY PROGRAM. (a) In General.--Subtitle B of title IV of the Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the following new section: ``SEC. 419. IMMIGRATION ADVISORY PROGRAM. ``(a) In General.--There is authorized within United States Customs and Border Protection an immigration advisory program (in this section referred to as the `program') for United States Customs and Border Protection officers, pursuant to an agreement with a host country, to assist air carriers and security employees at foreign airports with review of traveler information during the processing of flights bound for the United States. ``(b) Activities.--In carrying out the program, United States Customs and Border Protection officers may-- ``(1) be present during processing of flights bound for the United States; ``(2) assist air carriers and security employees with document examination and traveler security assessments; ``(3) provide relevant training to air carriers, security employees, and host-country authorities; ``(4) analyze electronic passenger information and passenger reservation data to identify potential threats; ``(5) engage air carriers and travelers to confirm potential terrorist watchlist matches; ``(6) make recommendations to air carriers to deny potentially inadmissable passengers boarding flights bound for the United States; and ``(7) conduct other activities to secure flights bound for the United States, as directed by the Commissioner of United States Customs and Border Protection. ``(c) Notification to Congress.--Not later than 60 days before an agreement with the government of a host country pursuant to the program described in this section enters into force, the Commissioner of United States Customs and Border Protection shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate with-- ``(1) a copy of such agreement, which shall include-- ``(A) the identification of the host country with which United States Customs and Border Protection intends to enter into such agreement; ``(B) the location at which activities described in subsection (b) will be conducted pursuant to such agreement; and ``(C) the terms and conditions for United States Customs and Border Protection personnel operating at such location; ``(2) country-specific information on the anticipated homeland security benefits associated with such agreement; ``(3) an assessment of the impacts such agreement will have on United States Customs and Border Protection domestic port of entry staffing; ``(4) information on the anticipated costs over the 5 fiscal years after such agreement enters into force associated with carrying out such agreement; ``(5) details on information sharing mechanisms to ensure that United States Customs and Border Protection has current information to prevent terrorist and criminal travel; and ``(6) other factors that the Commissioner determines necessary for Congress to comprehensively assess the appropriateness of carrying out the program. ``(d) Amendment of Existing Agreements.--Not later than 30 days before a substantially amended program agreement with the government of a host country in effect as of the date of the enactment of this section enters into force, the Commissioner of United States Customs and Border Protection shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate-- ``(1) a copy of such agreement, as amended; and ``(2) the justification for such amendment. ``(e) Definitions.--In this section, the terms `air carrier' and `foreign air carrier' have the meanings given such terms in section 40102 of title 49, United States Code.''. (b) Conforming Amendment.--Subsection (c) of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is amended-- (1) in paragraph (18), by striking ``and'' after the semicolon at the end; (2) by redesignating paragraph (19) as paragraph (20); and (3) by inserting after paragraph (18) the following new paragraph: ``(19) carry out section 419, relating to the immigration advisory program; and''. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 418 the following new item: ``Sec. 419. Immigration advisory program.''. Passed the House of Representatives June 25, 2018. Attest: KAREN L. HAAS, Clerk.

Immigration Advisory Program Authorization Act of 2018 or the IAP Authorization Act of 2018 (Sec. 2) This bill amends the Homeland Security Act of 2002 to authorize within U.S. Customs and Border Protection (CBP) an immigration advisory program for CBP officers, pursuant to an agreement with a host country, to assist air carriers and security employees at foreign airports review traveler information during the processing of U.S.-bound flights. CBP shall provide Congress with: a copy of any host country agreement within 60 days of such agreement entering into force which shall include information on anticipated homeland security benefits, costs, CBP personnel needs, and possible terrorist and criminal travel; and a copy of, and a justification for, any substantially amended agreement within 30 days of such agreement entering into force.

Immigration Advisory Program Authorization Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shelter Our Servicemembers Act''. SEC. 2. ELDERLY HOMELESS VETERANS HOUSING GRANT PILOT PROGRAM. (a) Establishment.--The Secretary of Veterans Affairs and the Secretary of Housing and Urban Development shall jointly establish a pilot program to award grants to nonprofit organizations to provide elderly homeless veterans with non-transitional housing. (b) Eligible Organization.-- (1) Nonprofit organization.--The Secretaries may award two grants under this section to nonprofit organizations that provide housing to homeless veterans or assist homeless veterans to find housing. (2) Locations.--In selecting the nonprofit organizations under paragraph (1), the Secretaries shall ensure that such organizations operate in separate geographical locations. (3) Application.--To be eligible for a grant under this section, a nonprofit organization shall submit to the Secretaries an application at such time, in such manner, and containing such information as the Secretaries may require. (c) Number and Amount of Grant.-- (1) Number.--The Secretaries-- (A) may award two grants under this section; and (B) may not award more than one grant to a single nonprofit organization. (2) Amount.--A grant awarded under this section may not exceed $25,000,000. (d) Use of Grant.-- (1) In general.--A nonprofit organization may use a grant awarded under this section to-- (A) purchase real property within a single geographical area to be used to provide up to 200 eligible homeless veterans with non-transitional housing; and (B) refurbish or renovate such property. (2) Eligible homeless veterans.--A homeless veteran is eligible for housing provided pursuant to this section if the Secretary of Veterans Affairs determines that the homeless veteran-- (A) has attained the age of 55; (B) has-- (i) been continuously homeless for a year or more; or (ii) during the last three years, had at least four separate, distinct, and sustained periods during which the veteran lived or resided on the streets, in an emergency shelter for homeless persons, or a combination of both; and (C) has a condition that limits the veteran's ability to work or perform activities of daily living, including conditions related to-- (i) a diagnosable substance abuse disorder; (ii) a serious mental illness; (iii) a developmental disability; or (iv) a chronic physical illness or disability. (e) Case Management.-- (1) In general.--The Secretary of Veterans Affairs shall provide case management for elderly homeless veterans who receive housing assistance pursuant to this section. The Secretary shall maintain a sufficient number of caseworkers to ensure that the ratio of such homeless veterans to caseworkers does not exceed 25 to 1. (2) Provision.--In carrying out paragraph (1), the Secretary shall allow the non-profit organization awarded a grant under this section to provide the case management under paragraph (1) if the non-profit organization elects to provide such case management. (f) Report.--Not later than 180 days after the date on which the pilot grant program terminates pursuant to subsection (i), the Secretaries shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the pilot grant program that includes-- (1) the number of veterans served under the program; (2) the types of services offered under the program to such veterans; (3) the amount of money spent under the program on each such veteran; (4) a recommendation as to the feasibility and advisability of continuing the program; and (5) any other information the Secretaries consider appropriate. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretaries to carry out this section $50,000,000. (h) Homeless Veteran Defined.--In this section, the term ``homeless veteran'' means a veteran who-- (1) has attained the age of 55; and (2) is homeless (as that term is defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a))). (i) Termination.--The pilot grant program established under subsection (a) shall terminate on the date that is two years after the date on which the Secretaries award a grant under such subsection.

Shelter Our Servicemembers Act Requires the Department of Veterans Affairs (VA) and the Department of Housing and Urban Development to jointly establish a two-year pilot program of grants to nonprofit organizations to provide elderly homeless veterans with non-transitional housing. Allows recipients to use such grant to: (1) purchase real property to provide up to 200 homeless veterans with non-transitional housing, and (2) refurbish or renovate such property. Makes eligible for such housing veterans of at least 55 years of age who: (1) have been continuously homeless for a year or more or, during the last three years, had at least four separate periods of living on the streets, in an emergency shelter, or a combination thereof; and (2) have a condition that limits their ability to work or perform activities of daily living. Requires VA to provide case management for elderly veterans receiving such assistance.

Shelter Our Servicemembers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community College Partnership Act of 2003''. SEC. 2. COMMUNITY COLLEGE OPPORTUNITY; COLLEGE PREPARATION PROGRAMS AUTHORIZED. Subpart 2 of part A of title IV of the Higher Education Act of 1965 is amended-- (1) by redesignating section 407E as section 406E; and (2) by inserting after chapter 3 (20 U.S.C. 1070a-31 et seq.) the following new chapter: ``CHAPTER 4--COMMUNITY COLLEGE OPPORTUNITY ``SEC. 407A. PURPOSE. ``It is the purpose of this chapter to enhance opportunities of students at community or technical colleges to transfer to 4-year institutions and complete bachelor's degrees. ``SEC. 407B. ACTIVITIES. ``(a) Grants Authorized.--From the amounts appropriated under section 407D, the Secretary shall award grants to an eligible partnership that includes-- ``(1) 1 or more community or technical colleges that award associate's degrees; and ``(2) 1 or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree not awarded by the institutions described in paragraph (1) with which it is partnered. ``(b) Use of Funds.--Grants awarded under this part shall be used for-- ``(1) the development of policies to expand opportunities for community or technical college students to earn bachelor's degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; ``(2) support services to students participating in the program, such as tutoring, mentoring, and academic and personal counseling, as well as any service that facilitates the transition of students from the community or technical college to the partner institution; ``(3) need-based scholarships to transfer students for their 3d and 4th years of undergraduate education; ``(4) academic program enhancements at the community or technical college that result in increasing the quality of the program offered and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree granting institution; and ``(5) programs to identify barriers that inhibit student transfers. ``(c) Applications.--Any institution, or a consortia or system of higher education, that desires to obtain a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information or assurances as the Secretary may require. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out this section. ``SEC. 407C. SCHOLARSHIPS. ``(a) Amounts.--Scholarships awarded under this chapter shall, to the extent possible from the funds available, provide the additional amount of tuition and fees charged the participating student by the partner institution in excess of the amount of tuition and fees charged the student by the community or technical college. ``(b) Effect on Other Aid.--Scholarships awarded under this chapter shall not be considered for the purposes of awarding Federal Pell Grants under subpart 1 of part A of title IV, except that in no case shall the total amount of student financial assistance awarded to a student under this chapter and title IV exceed the student's cost of attendance, as defined in section 472. ``SEC. 407D. DEFINITION. ``For the purpose of this part, the term `community or technical college' means an institution of higher education-- ``(1) that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution; ``(2) that predominately does not provide an educational program for which it awards a bachelor's degree (or an equivalent degree); ``(3) that-- ``(A) provides an educational program of not less than 2 years that is acceptable for full credit toward such a degree; or ``(B) offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge; and ``(4) that is accredited by a regional accrediting agency or association recognized by the Secretary under section 496. ``SEC. 407E. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $70,000,000 to carry out this chapter for fiscal year 2004 and such sums as may be necessary for each of the 3 succeeding fiscal years.''.

Community College Partnership Act of 2003 - Amends the Higher Education Act of 1965 to establish a community college opportunity program to help students at community or technical colleges to transfer to four-year institutions and complete bachelor's degrees.Directs the Secretary of Education to award program grants to eligible partnerships that include one or more community or technical colleges that award associate's degrees and one or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree not awarded by the partner colleges. Requires funds from such grants to be used for: (1) development of policies to expand opportunities for community or technical college students to earn bachelor's degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; (2) support services to students participating in the program, including tutoring, mentoring, academic and personal counseling, and transition facilitation; (3) need-based scholarships to transfer students for their third and fourth years of undergraduate education; (4) academic program enhancements at the community or technical college that increase program quality and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree granting institution; and (5) programs to identify barriers that inhibit student transfers.

To encourage partnerships between community colleges and four-year colleges and universities.

SECTION 1. FAIRNESS AND ACCURACY IN STUDENT TESTING. (a) Findings.--Congress finds the following: (1) The use of large-scale achievement tests in education has grown significantly in recent years. States and local school districts have increasingly used these tests in such contexts as raising student academic standards to make high- stakes decisions with important consequences for individual students, such as tracking (assigning students to schools, programs, or classes based on achievement level), promotion of students to the next grade, and graduation of students from secondary school. (2) The serious and often adverse consequences resulting from the sole or determinative reliance on large-scale tests have increasingly resulted in questions and significant concerns by students, parents, teachers, and school administrators about how to ensure that such tests are used appropriately and in a manner that is fair. (3) In 1997, Congress directed the National Academy of Sciences to ``conduct a study and make written recommendations on appropriate methods, practices, and safeguards to ensure that, among other things,...existing and new tests that are used to assess student performance are not used in a discriminatory manner or inappropriately for student promotion, tracking, or graduation.''. (4) In 1999, the National Academy of Sciences, through its National Research Council, completed its study and issued a report entitled ``High Stakes: Testing for Tracking, Promotion and Graduation''. Guided by principles of measurement validity, attribution of cause, and effectiveness of treatment, the National Research Council made key findings for appropriate test use in educational settings, including the following: (A) When tests are used in ways that meet relevant psychometric, legal, and educational standards, students' scores provide important information, that combined with information from other sources, can lead to decisions that promote student learning and equality of opportunity. (B) Tests are not perfect. Test questions are a sample of possible questions that could be asked in a given area. Moreover, a test score is not an exact measure of a student's knowledge or skills. (C) To the extent that all students are expected to meet world-class standards, there is a need to provide world-class curricula and instruction to all students. However, in most of the Nation, much needs to be done before a world-class curriculum and world-class instruction will be in place. At present, curriculum does not usually place sufficient emphasis on student understanding and application of concepts, as opposed to memorization and skill mastery. In addition, instruction in core subjects typically has been and remains highly stratified. What teachers teach and what students learn vary widely by track, with those in lower tracks receiving far less than a world-class curriculum. (D) Problems of test validity are greatest among young children, and there is a greater risk of error when such tests are employed to make significant decisions about children who are less than 8 years old or below grade 3, or about their schools. However, well-designed assessments may be useful in monitoring trends in the educational development of populations of students who have reached age 5. (5) The National Research Council made the following recommendations: (A) If parents, educators, public officials, and others who share responsibility for educational outcomes are to discharge their responsibility effectively, they should have access to information about the nature and interpretation of tests and test scores. Such information should be made available to the public and should be incorporated into teacher education and into educational programs for principals, administrators, public officials, and others. (B) A test may appropriately be used to lead curricular reform, but it should not also be used to make high-stakes decisions about individual students until test users can show that the test measures what they have been taught. (C) High-stakes decisions such as tracking, promotion, and graduation should not automatically be made on the basis of a single test score but should be buttressed by other relevant information about the student's knowledge and skill, such as grades, teacher recommendations, and extenuating circumstances. (D) In general, large-scale assessments should not be used to make high-stakes decisions about students who are less than 8 years old or enrolled below grade 3. (E) High-stakes testing programs should routinely include a well-designed evaluation component. Policymakers should monitor both the intended and unintended consequences of high-stake assessments on all students and on significant subgroups of students, including minorities, English-language learners, and students with disabilities. (6) These principles and findings of the National Academy of Sciences are supported in significant measure by the Standards for Educational and Psychological Testing, adopted and approved in December of 1999, by the leading experts and professional organizations on testing, including the American Educational Research Association, American Psychological Association, and the National Council on Measurement in Education. (b) Test Performance.--If performance on a standardized test is considered as part of any decision about the retention, graduation, tracking, or within-class ability grouping of an individual student by a State educational agency or local educational agency that receives funds under the Elementary and Secondary Education Act of 1965, such test performance shall not be the sole determinant in such decision and may be considered in making such decision only if-- (1) the test meets professional standards of validity and reliability for the purpose for which the test's results are being used, including the validity and reliability of any cut score or performance standard set or established for use on the test; (2) the test allows its users to make score interpretations in relation to a functional performance level, as distinguished from those interpretations that are made in relation to the performance of others, is based on State or local content and performance standards, and is aligned with the curriculum and classroom instruction; (3) multiple measures of student achievement are utilized, including grades and evaluations by teachers, so that scores from large-scale assessments are never the only source of information used nor assigned determinative weight in making a high-stakes decision about an individual student; (4) students tested have been provided multiple opportunities to demonstrate proficiency in the subject matter covered by the test; (5) the test is administered in accordance with the written guidance from the test developer or publisher; (6) the State educational agency or local educational agency has evidence that the test is of adequate technical quality for each purpose for which the test is used; (7) the State educational agency or local educational agency provides appropriate accommodations and alternate assessments for students with disabilities that provide the students with a valid opportunity to show what they know and can do; (8) the State educational agency or local educational agency provides appropriate accommodations for students with limited English proficiency, including-- (A) if such a student is tested in English, the student received academic instruction primarily in English for at least 3 years prior to the test, or if the student received instruction in English for more than such 3 years, the local educational agency determines that the student has achieved sufficient English proficiency to ensure that the test will accurately measure the student's subject matter knowledge and skills; (B) in the case of students with limited English proficiency who have not been taught primarily in English for 3 years prior to the test, such students are assessed, to the greatest extent practicable, in the language and form most likely to yield accurate and reliable information about what those students know and can do; and (C) in the case of Spanish-speaking students with limited English proficiency, such students are assessed using tests developed and written in Spanish, if Spanish language tests are more likely than English language tests to yield accurate and reliable information on what those students know and can do; and (9) the test is not used for a decision about promotion or placement in special education for a child below the age of 8 or grade 3. (c) Evaluations.-- (1) State educational agencies.--Each State educational agency that receives funds under the Elementary and Secondary Education Act of 1965 and uses a standardized test as part of a high stakes decision described in subsection (b), shall conduct a comprehensive evaluation of the impact of the test's use on students' education and educational outcomes, with particular consideration given to the impact on individual students and subgroups of students disaggregated by socioeconomic status, race, ethnicity, limited English proficiency, disability, and gender. The State educational agency shall make the results of the evaluation available to the public and shall provide clear and comprehensible information about the nature, use, and interpretation of the test and the scores the test generate. (2) Local educational agency.--Each local educational agency that receives funds under the Elementary and Secondary Education Act of 1965, uses a standardized test as part of a high stakes decision described in subsection (b), and is located in a State that does not conduct an evaluation under paragraph (1), shall conduct a comprehensive evaluation of the impact of the test's use on students' education and educational outcomes, with particular consideration given to the impact on individual students and subgroups of students disaggregated by socioeconomic status, race, ethnicity, limited English proficiency, disability, and gender. The local educational agency shall make the results of the evaluation available to the public and shall provide clear and comprehensible information about the nature, use, and interpretation of the test and the scores the test generate. (3) Department of education.--The Secretary shall-- (A) conduct an evaluation similar to the evaluation described in paragraph (1) among a representative sample of States and local educational agencies; (B) report the results of such evaluation to Congress; and (C) make the results of the evaluation available to the public. (d) Definition of Standardizes Test.--In this section the term ``standardized test'' means a test that is administered and scored under conditions uniform to all students so that the test scores are comparable across individuals.

Prohibits standardized test performance from being the sole determinant of any decision about an individual student's retention, graduation, tracking, or within-class ability grouping. Allows test performance to be considered in making such decision only if specified criteria are met. Requires such tests to: (1) meet professional standards of validity and reliability for the purpose for which its results are being used; (2) allow users to make score interpretations related to a functional performance level, and be based on State or local content or performance standards, and be aligned with curriculum and classroom instruction; (3) be administered in accordance with written guidance from the test developer or publisher; and (4) not be used to decide promotion or placement in special education for a child below age eight or grade three. Requires that: (1) multiple measures of student achievement be used, including grades and evaluations by teachers, so that scores from large-scale assessments are never the only source of information used nor assigned determinative weight in making a high-stakes decision about an individual student; and (2) multiple opportunities to demonstrate proficiency in the subject matter covered by the test be provided to students tested. Requires SEAs and LEAs to: (1) have evidence that the test is of adequate technical quality for each purpose for which it is used; (2) provide appropriate accommodations and alternate assessments for students with disabilities that provide such students with a valid opportunity to show what they know and can do; and (3) provide appropriate accommodations for students with limited English proficiency, including specified arrangements. Requires evaluations of the impact of standardized tests use in high stakes decisions on students' education and educational outcomes, particularly on individuals and subgroups disaggregated by socioeconomic status, race, ethnicity, limited English proficiency, disability, and gender, to be carried out by: (1) SEAs receiving ESEA funds; (2) LEAs receiving ESEA funds located in States that do not do such evaluations; and (3) the Secretary of Education.

A bill to provide for fairness and accuracy in student testing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Native Settlement Trust Tax Fairness Act of 2001''. SEC. 2. TAX TREATMENT AND INFORMATION REQUIREMENTS OF ALASKA NATIVE SETTLEMENT TRUSTS. (a) Treatment of Alaska Native Settlement Trusts.--Subpart A of part I of subchapter J of chapter 1 of the Internal Revenue Code of 1986 (relating to general rules for taxation of trusts and estates) is amended by adding at the end the following new section: ``SEC. 646. TAX TREATMENT OF ALASKA NATIVE SETTLEMENT TRUSTS. ``(a) In General.--Except as otherwise provided in this section, the provisions of this subchapter and section 1(e) shall apply to all Settlement Trusts. ``(b) Taxation of Income of Trust.--Except as provided in subsection (f)(1)(B)(ii)-- ``(1) In general.--There is hereby imposed on the taxable income of an electing Settlement Trust, other than its net capital gain, a tax at the lowest rate specified in section 1. ``(2) Capital gain.--In the case of an electing Settlement Trust with a net capital gain for the taxable year, a tax is hereby imposed on such gain at the rate of tax which would apply to such gain if the taxpayer were subject to a tax on its other taxable income at only the lowest rate specified in section 1. ``(c) One-Time Election.-- ``(1) In general.--A Settlement Trust may elect to have the provisions of this section apply to the trust and its beneficiaries. ``(2) Time and method of election.--An election under paragraph (1) shall be made by the trustee of such trust-- ``(A) on or before the due date (including extensions) for filing the Settlement Trust's return of tax for the first taxable year of such trust ending after the date of the enactment of this section, and ``(B) by attaching to such return of tax a statement specifically providing for such election. ``(3) Period election in effect.--Except as provided in subsection (f), an election under this subsection-- ``(A) shall apply to the first taxable year described in paragraph (2)(A) and all subsequent taxable years, and ``(B) may not be revoked once it is made. ``(d) Contributions to Trust.-- ``(1) Beneficiaries of electing trust not taxed on contributions.--In the case of an electing Settlement Trust, no amount shall be includible in the gross income of a beneficiary of such trust by reason of a contribution to such trust. ``(2) Earnings and profits.--The earnings and profits of the sponsoring Native Corporation shall not be reduced on account of any contribution to such Settlement Trust: ``(e) Tax Treatment of Distributions to Beneficiaries.--Amounts distributed by an electing Settlement Trust during any taxable year shall be considered as having the following characteristics in the hands of the recipient beneficiary: ``(1) First, as amounts excludable from gross income for the taxable year to the extent of the taxable income of such trust for such taxable year (decreased by any income tax paid by the trust with respect to the income) plus any amount excluded from gross income of the trust under section 103. ``(2) Second, as amounts excludable from gross income to the extent of the amount described in paragraph (1) for all taxable years for which an election is in effect under subsection (c) with respect to the trust, and not previously taken into account under paragraph (1). ``(3) Third, as amounts distributed by the sponsoring Native Corporation with respect to its stock (within the meaning of section 301(a)) during such taxable year and taxable to the recipient beneficiary as amounts described in section 301(c)(1), to the extent of current accumulated earnings and profits of the sponsoring Native Corporation as of the close of such taxable year after proper adjustment is made for all distributions made by the sponsoring Native Corporation during such taxable year. ``(4) Fourth, as amounts distributed by the trust in excess of the distributable net income of such trust for such taxable year. Amounts distributed to which paragraph (3) applies shall not be treated as a corporate distribution subject to section 311(b), and for purposes of determining the amount of a distribution for purposes of paragraph (3) and the basis to the recipients, section 643(e) and not section 301(b) or (d) shall apply. ``(f) Special Rules Where Transfer Restrictions Modified.-- ``(1) Transfer of beneficial interests.--If, at any time, a beneficial interest in an electing Settlement Trust may be disposed of to a person in a manner which would not be permitted by section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)) if such interest were Settlement Common Stock-- ``(A) no election may be made under subsection (c) with respect to such trust, and ``(B) if such an election is in effect as of such time-- ``(i) such election shall cease to apply as of the first day of the taxable year in which such disposition is first permitted, ``(ii) the provisions of this section shall not apply to such trust for such taxable year and all taxable years thereafter, and ``(iii) the distributable net income of such trust shall be increased by the current and accumulated earnings and profits of the sponsoring Native Corporation as of the close of such taxable year after proper adjustment is made for all distributions made by the sponsoring Native Corporation during such taxable year. In no event shall the increase under clause (iii) exceed the fair market value of the trust's assets as of the date the beneficial interest of the trust first becomes so disposable. The earnings and profits of the sponsoring Native Corporation shall be adjusted as of the last day of such taxable year by the amount of earnings and profits so included in the distributable net income of the trust. ``(2) Stock in corporation.--If-- ``(A) the Settlement Common Stock in the sponsoring Native Corporation may be disposed of to a person in any manner not permitted by section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)), and ``(B) at any time after such disposition of stock is first permitted, such corporation transfers assets to a Settlement Trust, paragraph (1)(B) shall be applied to such trust on and after the date of the transfer in the same manner as if the trust permitted dispositions of beneficial interests in the trust in a manner not permitted by such section 7(h). ``(3) Certain distributions.--For purposes of this section, the surrender of an interest in a Native Corporation or an electing Settlement Trust in order to accomplish the whole or partial redemption of the interest of a shareholder or beneficiary in such corporation or trust, or to accomplish the whole or partial liquidation of such corporation or trust, shall be deemed to be a transfer permitted by section 7(h) of the Alaska Native Claims Settlement Act. ``(g) Taxable Income.--For purposes of this title, the taxable income of an electing Settlement Trust shall be determined under section 641(b) without regard to any deduction under section 651 or 661. ``(h) Definitions.--For purposes of this section-- ``(1) Electing settlement trust.--The term `electing Settlement Trust' means a Settlement Trust which has made the election, effective for a taxable year, described in subsection (c). ``(2) Native corporation.--The term `Native Corporation' has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)). ``(3) Settlement common stock.--The term `Settlement Common Stock' has the meaning given such term by section 3(p) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(p)). ``(4) Settlement trust.--The term `Settlement Trust' means a trust that constitutes a settlement trust under section 3(t) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(t)). ``(5) Sponsoring native corporation.--The term `sponsoring Native Corporation' means the Native Corporation which transfers assets to an electing Settlement Trust. ``(i) Special Loss Disallowance Rule.--Any loss that would otherwise be recognized by a shareholder upon a disposition of a share of stock of a sponsoring Native Corporation shall be reduced (but not below zero) by the per share loss adjustment factor. The per share loss adjustment factor shall be the aggregate of all contributions to all electing Settlement Trusts sponsored by such Native Corporation made on or after the first day each trust is treated as an electing Settlement Trust expressed on a per share basis and determined as of the day of each such contribution. ``(j) Cross Reference.-- ``For information required with respect to electing Settlement Trusts and sponsoring Native Corporations, see section 6039H.''. (b) Reporting.--Subpart A of part III of subchapter A of chapter 61 of subtitle F of such Code (relating to information concerning persons subject to special provisions) is amended by inserting after section 6039G the following new section: ``SEC. 6039H. INFORMATION WITH RESPECT TO ALASKA NATIVE SETTLEMENT TRUSTS AND SPONSORING NATIVE CORPORATIONS. ``(a) Requirement.--The fiduciary of an electing Settlement Trust (as defined in section 646(h)(1)) shall include with the return of income of the trust a statement containing the information required under subsection (c). ``(b) Application With Other Requirements.--The filing of any statement under this section shall be in lieu of the reporting requirements under section 6034A to furnish any statement to a beneficiary regarding amounts distributed to such beneficiary (and such other reporting rules as the Secretary deems appropriate). ``(c) Required Information.--The information required under this subsection shall include-- ``(1) the amount of distributions made during the taxable year to each beneficiary, ``(2) the treatment of such distribution under the applicable provision of section 646, including the amount that is excludable from the recipient beneficiary's gross income under section 646, and ``(3) the amount (if any) of any distribution during such year that is deemed to have been made by the sponsoring Native Corporation (as defined in section 646(h)(5)). ``(d) Sponsoring Native Corporation.-- ``(1) In general.--The electing Settlement Trust shall, on or before the date on which the statement under subsection (a) is required to be filed, furnish such statement to the sponsoring Native Corporation (as so defined). ``(2) Distributees.--The sponsoring Native Corporation shall furnish each recipient of a distribution described in section 646(e)(3) a statement containing the amount deemed to have been distributed to such recipient by such corporation for the taxable year.''. (c) Clerical Amendment.-- (1) The table of sections for subpart A of part I of subchapter J of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 646. Tax treatment of Alaska Native Settlement Trusts.''. (2) The table of sections for subpart A of part III of subchapter A of chapter 61 of subtitle F of such Code is amended by inserting after the item relating to section 6039G the following new item: ``Sec. 6039H. Information with respect to Alaska Native Settlement Trusts and sponsoring Native Corporations.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act and to contributions made to electing Settlement Trusts for such year or any subsequent year.

Alaska Native Settlement Trust Tax Fairness Act of 2001 - Amends the Internal Revenue Code (IRC) to impose on an electing Alaska Native Settlement Trust, other than its net capital gain, the lowest rate of tax imposed by section one of the IRC (currently, 15 percent). Provides that in the case of an electing Settlement Trust with a net capital gain for the taxable year, a tax is imposed on such gain at the rate of tax which would apply to such gain if the taxpayer were subject to a tax on its other taxable income at only the lowest rate. Provides for the tax treatment of distributions to beneficiaries. Sets forth information reporting requirements.

A bill to amend the Internal Revenue Code of 1986 to clarify the tax treatment of Alaska Native Settlement Trusts.