FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Market Acquisition Drug Price Act of 2002''. SEC. 2. REFORM OF PAYMENT FOR DRUGS AND BIOLOGICALS UNDER THE MEDICARE PROGRAM. (a) Payment Reform.-- (1) In general.--Section 1842(o) of the Social Security Act (42 U.S.C. 1395u(o)) is amended to read as follows: ``(o) Payment for Drugs and Biologicals.-- ``(1) General rule.--If a physician's, supplier's, or any other person's bill or request for payment for services includes a charge for a drug or biological for which payment may be made under this part and the drug or biological is not paid on a cost or prospective payment basis as otherwise provided in this part, the amount payable for the drug or biological shall be based on the following: ``(A) Multi-source (generic) drugs.--In the case of a drug or biological that meets the requirements for a multi-source drug under subclauses (I) and (II) of section 1927(k)(7)(A)(i), 105 percent of the volume- weighted median average acquisition price for any drug or biological covered under the same medicare HCPCS code. ``(B) Single source (brand) drugs and biologicals.--In the case of a drug or biological that meets the requirements for a single source drug under section 1927(k)(7)(A)(iv), 105 percent of the average acquisition price for the drug or biological. ``(C) Access exception.--The Secretary may modify the rate otherwise applicable in order to assure access to necessary drugs and biologicals in the case of sole community providers in rural and other areas where the providers are not reasonably able to obtain the drugs and biologicals at the payment rates otherwise applicable. Such modification shall not result in a change of more than 15 percent of the rate otherwise applicable. ``(D) Data-related exception.--If the Secretary determines that there is insufficient data available with respect to compute an average acquisition price for a drug or biological for a quarter or that, because of a significant change in price from quarter-to- quarter, the available data on the average acquisition price does not accurately reflect the actual, current acquisition cost for the drug or biological, the Secretary may substitute for the quarters involved an appropriate payment for the drug or biological for such average acquisition price. ``(E) Application of ndc codes.--If the Secretary determines that it is appropriate to provide for payment under this subsection using national drug code (NDC) instead of HCPCS codes, in applying subparagraph (A) the reference to the same HCPCS code shall be deemed a reference to the appropriate national drug codes for those drugs or biologicals that are therapeutically and pharmaceutically equivalent and bioequivalent (as defined for purposes of section 1927(k)(7)(A)). ``(2) Definition of average acquisition price.-- ``(A) In general.--For purposes of this subsection, the term `average acquisition price' means, with respect to a drug or biological and with respect to each dosage form and strength of the drug or biological product (without regard to any special packaging, labeling, or identifiers on the dosage form or product or package), the average of all final sales prices charged by the manufacturer of the drug or biological product in the United States, excluding sales exempt from inclusion in the calculation of best price under section 1927(c)(1)(C) (other than under clause (ii)(III) of such section) and excluding sales subject to a rebate under section 1927, as reported under paragraph (3). ``(B) Net price.--Such average acquisition price shall be calculated net of all of the following (as estimated by the Secretary): ``(i) Volume discounts. ``(ii) Prompt pay discounts and cash discounts. ``(iii) Charge-backs. ``(iv) Short-dated product discounts (for spoilage and other factors). ``(v) Free goods and services. ``(vi) Rebates. ``(vii) All other price concessions provided by the drug manufacturer. The Secretary may make subsequent adjustments in such average acquisition price to take into account updated information and differences between the price previously estimated and the actual average acquisition price. ``(C) Weighting.--The average of all final sales prices described in subparagraph (A) shall be determined by dividing-- ``(i) the sum of all final prices charged by the manufacturer (net of the adjustments made under subparagraph (B)) for sales in the period involved that are included in subparagraph (A) for the drug or biological, by ``(ii) the total number of units of such sales in the period. ``(D) Distribution of reports.--The Secretary shall promptly distribute applicable payment rates under this subsection to carriers and fiscal intermediaries and other contractors that make payment for drugs and biologicals under this section in order to apply a uniform reimbursement rate under this section. ``(3) Price reporting requirement.-- ``(A) In general.--As a condition for payment for any drug or biological of a manufacturer under this subsection, the manufacturer of the drug or biological shall-- ``(i) report, on a quarterly basis, to the Secretary (or the Secretary's designee) the manufacturer's average acquisition price and the information required under subparagraph (C) for all drugs and biologicals of the manufacturer by national drug code (NDC); ``(ii) maintain such records (in written or electronic form) regarding such sales and prices for all such drugs and biologicals as may be necessary to audit the information so reported or required to be reported; and ``(iii) provide the Secretary with access to such records in order to permit the Secretary to audit information so reported or required to be reported. ``(B) Penalties.--The provisions of section 1927(b)(3)(C) shall apply with respect to the reporting of information under subparagraph (A) in the same manner as it applies to the reporting of information under section 1927(b)(3)(A), except that the reference in clause (i) of such section to $10,000 is deemed a reference to $100,000 and any reference to a suspension of an agreement is deemed a reference to a suspension of payment for the drug or biological involved under this part. The Secretary shall promptly refer to the Inspector General of the Department of Health and Human Services and, if appropriate, to appropriate officials in the Department of Justice cases in which the Secretary becomes aware of a false price representation made in the information submitted under this paragraph. ``(C) Form of reporting.--Information required to be reported under subparagraph (A)(i) shall be reported in a form and manner specified by the Secretary. The information required to be reported shall include the identification of the generic name of the drug or biological and its brand name (if any), the national drug code (NDC) and the HCPCS code assigned to the drug or biological, the dosage form, strength, volume, and package size involved. The information for a quarter shall be submitted not later than 30 days after the end of the quarter. The information shall be accompanied by a written and signed certification by an officer of the manufacturer attesting to the accuracy of the information reported. Such information shall include updated information on the net price realized (taking into account rebates and other amounts affecting net price), regardless of the period for which such a rebate or other adjustment in net price might have been earned. ``(D) Auditing.--The Secretary shall audit on a periodic basis information reported or required to be reported under this paragraph. The Secretary may conduct such independent price gathering activities, such as surveys and review of published catalog information or other transactional information, as may be appropriate to verify the accuracy of the information reported. ``(4) Dispensing fee.--If payment for a drug or biological is made to a licensed pharmacy approved to dispense drugs or biologicals under this part, the Secretary shall pay a dispensing fee (less the applicable deductible and coinsurance amounts) to the pharmacy. Such a dispensing fee shall be subject to adjustment from year to year based upon changes in the consumer price index over time and may be adjusted as the Secretary determines to be appropriate to reflect differences in the costs of dispensing different drugs and biologicals. ``(5) Payment required on an assignment-related basis.-- ``(A) In general.--Payment for a charge for any drug or biological for which payment may be made under this part may be made only on an assignment-related basis. ``(B) Application of enforcement provisions.--The provisions of subsection (b)(18)(B) shall apply to charges for such drugs or biologicals in the same manner as they apply to services furnished by a practitioner described in subsection (b)(18)(C).''. (2) Effective date.--Subject to subsection (c)(2), the amendment made by paragraph (1) shall apply to drugs and biologicals furnished on or after January 1, 2003. (b) Revision in Practice Expense Payments.-- (1) Adjustment in oncologist medical supply expenses.--In computing the practice expense component of the physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) with respect to payment for services of oncologists, the Secretary of Health and Human Services shall make adjustments to oncologists' reported medical supply expenses in order to ensure that such expenses better reflect the actual supply costs of providing such services. (2) Allocation of indirect expenses.--In establishing such fee schedule, the Secretary shall change the allocation of indirect expenses in a manner so that all services, including services without direct physician involvement, are allocated the appropriate share of indirect expenses. (3) Services without direct physician involvement.--In establishing such fee schedule, the Secretary shall calculate payments, for those services without direct physician involvement under the basic method, using information on the resources required for each services and, if deemed necessary, shall validate the underlying resource-based estimates of direct practice expenses required to provide each service. (4) Budget neutral adjustment.--The changes in payment made by this subsection shall not be treated as a change in law or regulation described in section 1848(f)(2)(D) of the Social Security Act (42 U.S.C. 1395w-4(f)(2)(D)). (5) Effective date.--The provisions of this subsection apply to payments for services furnished on or after January 1, 2003. (c) Study of Payments for Blood Clotting Factors and Other Biologicals.-- (1) In general.--The Secretary of Health and Human Services shall provide for a study of the appropriateness of the medicare payment methodology for blood clotting factors and other biologicals under part B of title XVIII of the Social Security Act. Not later than 9 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on such study and shall include in such report recommendations regarding whether to apply the payment methodology provided under the amendment made by subsection (a)(1) and alternative recommendations for appropriate dispensing fees. (2) Delay in effective date.--The amendment made by subsection (a)(1) shall not apply to blood clotting factors furnished before the first day of the first calendar year that begins at least 6 months after the date the report under paragraph (1) has been submitted to the Congress.

Medicare Market Acquisition Drug Price Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise payment for drugs and biologicals under Medicare.Directs the Secretary of Health and Human Services, in computing the practice expense component of the Medicare physician fee schedule with respect to payment for services of oncologists, to make adjustments to an oncologist's reported medical supply expenses in order to ensure that they better reflect the actual supply costs of providing such services.

To amend title XVIII of the Social Security Act with respect to reform of payment for drugs and biologicals under the Medicare Program.

SECTION 1. GRANTING OF COPYRIGHT. Notwithstanding any other provision of law, copyright is hereby granted to Inna Hecker Grade and her successors and assigns in the works set forth in section 2 by Chaim Grade, including all editions in English and translations heretofore published or hereafter published by Inna Hecker Grade or her successors or assigns, for a term of 50 years from June 26, 1982 (the date of death of Chaim Grade). The copyright owner shall be entitled to all rights and remedies provided to copyright owners generally by law, except that no liability shall attach under this Act for lawful uses made or acts done before the date of enactment of this Act in connection with such works, or in respect to the continuance for one year subsequent to such date of any business undertaking or enterprise lawfully undertaken before such date involving expenditure or contractual obligation in connection with the exploitation, production, reproduction, or circulation of such works. SEC. 2. WORK SUBJECT TO COPYRIGHT. The following works of Chaim Grade (including lectures and essays) are covered by section 1: (1) ``Yo'' (``Yes''); (2) ``Musarnikes'' (``Mussarists''); (3) ``Dojrois'' (``Generations''); (4) ``Oyf di Hurves'' (``On the Ruins''); (5) ``Pleitim'' (``Refugees''); (6) ``Farvoksene Vegn'' (``Overgrown Paths''); (7) ``Der Mames Tzavoe'' (``The Mother's Will''); (8) ``Shayn fun Farloshene Shtern'' (``Shine of the Extinguished Stars''); (9) ``Mayn Krig Mit Hersh Rassayner'' (``My Quarrel with Hersh Rassayner''); (10) ``Yerushalaim shel Maylah, Yerushalaim shel Matah'' (``The Heavenly Jerusalem and the Earthly Jerusalem''); (11) ``Hurbin''; (12) ``Vilna'', with 5 major parts entitled: (A) ``Vilna''; (B) ``Di Shank'' (``The Tavern''); (C) ``Der Ger-Tzadik'' (``The Convert''); (D) ``Di Hiter fun der Shtot'' (``The Guardians of the City''); (E) ``Unter di Gevelbte Toyern'' (``Beneath the Vaulted Gates''); (13) ``Talmidei-Hahomin in der Lite'' (``Talmudic Scholars in Lithuania''); (14) ``Oyf Mayn Veg Tzu Dir''; (On My Way to You); (15) ``Dos Alte Hoyz'' (``The Old House''), alternate titles are: (A) ``Zin un Tahter'' (``Sons and Daughters''); (B) ``Der Beth-Horav'' (``The Rabbi's House''); (16) ``Fun Unter der Erd'' (``From Beneath the Ground''), the title of the first version is ``Froyen fun Ghetto'' (``Women of the Ghetto''); (17) ``Yury Goresha'', a part of the novel ``From Beneath the Ground''; (18) ``Alte Boherim'' (``The Bachelors''); (19) ``In Gerangl mitn Malah'' (``Wrestling with the Angel''), subtitle is ``Lieder un Elegyes'' (``Poems and Elegies''); Collected Poems, 1932-82; (20) ``Chaim Nachman Bialik''; (21) ``H. Leivik, der Poet fun Laydn un Goyrl'' (``H. Leivik, The Poet of Suffering and Fate''); (22) ``H. Leivik in Mayn Lehn and Shafn'' (``H. Leivik in my Life and my Works)''; (23) ``Itzik Manger, der Poet fun Shaynkayt un Shpil'' (``Itzik Manger, the Poet of Beauty and Play); (24) ``Dray Yiddishe Classiker, Mendele, I.L. Peretz, Sholem-Alaychem'' (Three Yiddish Classics, Mendel, I.L. Peretz, Sholem-Alaychem); (25) ``Anski, der Maskl, Revolutioner un Baal Tshuvah'' (``Anski, the Champion of Enlightenment, the Revolutionary and the Penitent''); (26) ``Problemen fun a Yiddishen Shrayber un Problemen fun der Yiddisher Literatur'' (``Problems of a Yiddish Writer and Problems of the Yiddish Literature''); (27) ``Mayn Veg in der Yiddisher Literature'' (``My Path in the Yiddish Literature''); (28) ``I.L. Peretz''; (29) ``Mayn Bagegenish mit Sovetishe Yiddisher Shrayber'' (``My Encounter with the Soviet Yiddish Writers''); (30) ``Dray Dramatishe Poemen--`Di Goldene Kayt' `Der Goylem', Der Dybbuk', (``Three Dramatic Poems--`The Golden Chain', `The Goylem', `The Dybbuk'''); (31) ``Dray Hoybt Motiven in Mayn Shaffung'' (``Three Mayn Motives in My Works''); (32) ``Yung Vilna un ir Svivah'' (``Young Vilna and its Milieu''); (33) ``Shevet Tzion'' (``The Return to Zion''); (34) ``Shabes un Voh in der Yiddisher Literatur'' (``The Sabbath and the Weekdays in Yiddish Literature''); (35) ``Mussarnikes un Litvishe Yeshives'' (``The Mussarists and the Lithuanian Yeshivas''); (36) ``Sholem Alaychem''; (37) ``Nusah Mizrah Evrope un Reb Isroel Baal`Shem'Tov'' (``The Jewish Way of Life in Eastern Europe and Rabbi Israel Baal`Shem'Tov''); (38) ``Reb Isroel Salanter un Reb Isroel Baal`Shem'Tov'' (``Rabbi Israel Salanter and Rabbi Israel Baal`Shem'Tov''); (39) ``Der Talmudhokem in der Yiddisher Literatur'' (``The Talmudic Scholar in Yiddish Literature''); (40) ``Di Haskore in Vilner Shtot Shul nohn Ger-Tzadik, Graf Potocki'' (``The Memorial Service at the Grand Synagogue of Vilna for the Convert, Count Potocki''); (41) ``Dr. Shmuel Ravidovitch un zayn Philasophia fun Yiddishen Kium Umetum'' (``Dr. Samuel Ravidovitch and his Philosophy of the Jewish Life Worldwide''); (42) ``Dr. Shmuel Ravidovich un zayn Kamf farn Yiddishen Kium Umetum'' (``Dr. Samuel Ravidovich and his Struggle for the Jewish Life Worldwide''); (43) ``Zaynen di Yiddishe Shrayber in Sovet Russland Geven Marranen?'' (``Were the Yiddish Writers in Soviet Russia Marranos?''); (44) ``Reb Yehudah Ibn Shmuel Dr. Kaufman'' (``Rabbi Jehudah Ibn Samuel Dr. Kaufman''); (45) ``Shir-HaShirim--a Liebe-Lied, a Natzional Gezang un Mistishe Poeme'' (``The Song of Songs--A Love Song, a National Hymn and a Mystical Poem'') lecture and essay; (46) ``Tzfas un der Barg Miron'' (``Saffed and Mount Miron'') lecture and essay; (47) ``Mentshen, Shtayner un Flantzen in Eretz-Isroel'' (``The People, the Stones and the Greening of Israel'') lecture and essay; (48) ``Mit Vos Vilna Iz Geven Andersh?'' (``What Made Vilna Unique?''); (49) ``Histadruth''; (50) ``Yiddish Lebn in Vilna far der Zvayter Velt Melhome'' (``Jewish Life in Vilna Before World War II'') alternate title is ``Yiddish Folk lebn un Traditzie in der Lite'' (``Jewish Folk-Life and Tradition in Lithuania''); (51) ``Di Naye Hebreishe Literatur un der Yunger Dor in Isroel'' (``The New Hebrew Literature and the Young Generation in Israel''); (52) ``Di Ibergeblibene'' (``The Survivors''); (53) (``To the Survivors of the German Concentration Camps, World Federation of Bergen-Belsen, Associations''); (54) ``Drayssik Yor Shpeter'' (``Thirty Years Later''); (55) ``Der Bodn un di Legende fun Eretz-Isroel,'' (``The Soil and the Legend of the Land of Israel''); (56) ``Di Letzte Mahlaykes tzvishn Rabonim in Vilna'' (``The Last Controversies Among the Rabbis of Vilna''); (57) ``Amerikaner Yiddishe Poetn, Morris Rosenfeld, Avrohom Reisen, Walt-Lessin un Mani Leib'', (``American Yiddish Poets, Morris Rosenfeld, Avrohom Reisen, Walt-Lessin un Mani Leib''); (58) Any other works of Chaim Grade, however created, whether pubished or unpublished.

Grants a copyright to Inna Hecker Grade, her successors, and assigns for specified works of Chaim Grade for a 50-year term from June 26, 1982.

For the relief of Inna Hecker Grade.

SECTION 1. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 83 the following new section: ``SEC. 83A. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES. ``(a) In General.--If an employee elects to have this section apply with respect to any qualified employee stock distribution, gross income shall not include-- ``(1) so many shares of employer securities received by an individual in a qualified employee stock distribution of such individual's employer as does not exceed the maximum stock amount, ``(2) any gain on employer securities excluded from gross income under paragraph (1) if such employer security is held by such individual for not less than 10 years, and ``(3) in the case of any qualified disposition of an employer security which is described in paragraph (2) (and which meets the holding requirement of such paragraph), any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the employer security so disposed (determined as of the time of disposition). ``(b) Definitions.--For purposes of this section-- ``(1) Employer securities.--The term `employer securities' has the meaning given such term in section 409(l), except that paragraph (3) thereof shall be applied by substituting `the date of the qualified employee stock distribution' for `the date of the acquisition by the tax credit employee stock ownership plan'. ``(2) Qualified employee stock distribution.--The term `qualified employee stock distribution' means a distribution by an employer of employer securities to employees (determined as of the date of the distribution) of such employer as compensation for services, except that there may be disregarded any employee who (as of the date of the distribution)-- ``(A) has a not attained age 18, ``(B) has not completed 12 months of service with the employer, ``(C) is a nonresident alien, ``(D) is a citizen or resident of a foreign jurisdiction (including any individual who is also a citizen or resident of the United States) if the distribution to such individual is prohibited under th laws of such foreign jurisdiction, ``(E) holds 10 percent or more of the outstanding stock of the employer, or ``(F) is an employee whose compensation from the employer is subject to disclosure under rules promulgated by the Securities and Exchange Commission. ``(3) Maximum stock amount.--The term `maximum stock amount' means, with respect to any distribution, the lowest number of employer securities received by any employee of the employer in such distribution. ``(4) Qualified disposition.-- ``(A) In general.--The term `qualified disposition' means, with respect to the disposition of any employer security described in paragraph (2) of subsection (a) (and which meets the holding requirement of such paragraph) during any calendar year, the disposition of a number of shares of such security not in excess of the excess of-- ``(i) the applicable percentage of the aggregate number of shares of such security received during the calendar year that such security was received, over ``(ii) the aggregate number of shares of such security taken into account under this subparagraph for all prior calendar years. ``(B) Applicable percentage.--For purposes of clause (i), the applicable percentage is, with respect to any calendar year following the calendar year in which such security was received, the percentage determined in accordance with the following table: The applicable ``In the case of: percentage is: The first through tenth such calendar years.. 0 percent The eleventh such calendar year.............. 10 percent The twelfth such calendar year............... 20 percent The thirteenth such calendar year............ 30 percent The fourteenth such calendar year............ 40 percent The fifteenth such calendar year............. 50 percent The sixteenth such calendar year............. 60 percent The seventeenth such calendar year........... 70 percent The eighteenth such calendar year............ 80 percent The nineteenth such calendar year............ 90 percent Any subsequent calendar year................. 100 percent. ``(c) Employment Taxes.--Amounts excluded from gross income under subsection (a)(1) shall not be taken into account as wages for purposes of chapters 21, 22, 23, 23A, and 24. ``(d) Coordination With Section 83.--In the case of a transfer of employer securities to which subsection (a)(1) applies-- ``(1) In general.--Section 83 shall not apply. ``(2) Deduction by employer.--There shall be allowed as a deduction under section 162, to the person for whom were performed the services in connection with which such securities were transferred, an amount equal to the fair market value of such securities (determined as of the time of such transfer). Such deduction shall be allowed for the taxable year which includes the date of such transfer. ``(e) Recapture if Stock Disposed During Required Holding Period.-- If an amount is excluded from gross income under subsection (a)(1) with respect to any employer security and the individual disposes of such security at any time during the 5-year period beginning on the date that such individual received such security-- ``(1) the gross income of such individual for the taxable year which includes the date of such disposition shall be increased by the amount so excluded, and ``(2) the tax imposed by this chapter for such taxable year shall be increased by the sum of the amounts of tax which would have been imposed under subchapters A and B of chapters 21 and 22 if subsection (c) had not applied with respect to such amount. For purposes of this title and the Social Security Act, any increase in tax under paragraph (2) shall be treated as imposed under the provision of chapter 21 or 22 with respect to which such increase relates. ``(f) Basis of Stock Equal to Fair Market Value at Time of Transfer.--Notwithstanding section 1012, in the case of a transfer of employer securities to which subsection (a)(1) applies, the basis of such securities in the hands of the transferee immediately after such transfer shall be equal to the fair market value of such securities (determined as of the time of such transfer). ``(g) Aggregation Rule.--Two or more persons who are treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this section. ``(h) Election.--The election under subsection (a) shall be made at such time and in such manner as the Secretary may prescribe. Once made, such election may be revoked only with the consent of the Secretary. ``(i) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this section, including regulations or other guidance which-- ``(1) provide for the application of this section to stock options, ``(2) provide mechanisms by which to satisfy the requirements of this section in the event that an employee is inadvertently excluded from a distribution of employer securities (including a case where a service provider is treated as not an employee by the employer, but is determined to be an employee), and ``(3) require such reporting under sections 6045 and 6051 with respect to transfers of stock to which subsection (a) applies as the Secretary determines to be necessary or appropriate to carry out this section.''. (b) Clerical Amendment.--The table of section for such part is amended by inserting after the item relating to section 83 the following new item: ``Sec. 83A. Qualified stock distributions to employees.''. (c) Effective Date.--The amendments made by this section shall apply to stock received by employees after the date of the enactment of this Act.

Amends the Internal Revenue Code to exclude from the gross income of an employee: (1) shares of employer securities received in a qualified employee stock distribution as compensation for services that do not exceed the lowest number of employer securities received by any employee in such distribution; (2) any gain on such securities if held by an employee for not less than 10 years; and (3) in the case of any qualified disposition of an employer security that meets such 10-year holding requirement, any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the employer security so disposed. Allows employers a tax deduction for the fair market value of securities transferred in a stock distribution. Requires an employee to recapture in gross income the amount of employer securities excluded from gross income if such securities are disposed of within five years after receipt.

To amend the Internal Revenue Code of 1986 to exclude from gross income compensation received by employees consisting of qualified distributions of employer stock.

SECTION 1. FINDINGS. The Congress finds that-- (1) free trade agreements improve the income and prosperity of the citizens of participating countries because open markets increase competition, eliminate inefficiencies, and result in lower costs to manufacturers and consumers; (2) continued economic growth, and the resulting economic and political stability, within the countries of the Pacific Rim is of vital strategic and economic interest to the United States; (3) bilateral disputes between the United States and Pacific Rim countries could be more effectively resolved in the context of mutually agreed-upon disciplines and dispute settlement mechanisms rather than issue-by-issue confrontations under section 301 of the Trade Act of 1974 or other trade remedy laws; and (4) free trade agreements between the United States and Pacific Rim countries, whose economies are becoming increasingly interdependent, will provide a foundation for enhanced cooperation and will ensure mutually beneficial economic and political relations. SEC. 2. PRENEGOTIATION CONSULTATIONS AND CONSIDERATIONS. (a) Preliminary Consultations.--Within 60 days after the date of the enactment of this Act, the President shall initiate preliminary consultations with the government of each eligible Pacific Rim country to determine the feasibility and desirability of negotiating the elimination of tariffs and nontariff barriers (including barriers to investment, trade in services, and protection of intellectual property rights) in the context of a bilateral free trade agreement. If the preliminary consultations indicate that the establishment of a free trade area between the United States and the eligible country is feasible and desirable, the President shall request a meeting at the ministerial level with the government of that country to consider the conditions under which formal negotiations regarding a free trade agreement could be commenced. (b) Ministerial Meeting Recommendations.--At each ministerial meeting convened pursuant to subsection (a), the President shall recommend the establishment of a council comprised of appropriate public and private sector officials from the respective countries. The functions of the council are-- (1) to review and analyze the aspects of the existing bilateral relationship as they relate to the negotiation of a free trade agreement, including-- (A) trade and investment practices and impediments, (B) differences in customs laws and procedures, (C) the harmonization of trade statistics and other economic data, and (D) the status of bilateral disputes and exchange of information on disputed practices; and (2) within one year after establishment, to issue a report on the overall bilateral relationship and the prospects for a successful negotiation of a free trade agreement that addresses the possible benefits and adverse effects of concluding a free trade agreement and examines which dispute settlement mechanisms would be appropriate to effectively resolve bilateral trade problems. (c) Considerations.--Before entering into formal negotiations under section 1102 of the Omnibus Trade and Competitiveness Act of 1988 with an eligible Pacific Rim country, the President shall consider whether that country-- (1) is a member of, or applicant to, the General Agreement on Tariffs and Trade; (2) has pursued substantive trade liberalization and undertaken structural economic reforms in order to achieve an economy governed by market forces and international trade disciplines; (3) is an active participant in the Uruguay Round of multilateral trade negotiations under the auspices of the GATT, has demonstrated a commitment to the success of these negotiations, and has pursued goals and objectives consistent with those of the United States; and (4) is a country whose bilateral relationship with the United States will be enhanced by eliminating substantially all tariff and nontariff barriers and structural impediments and will benefit from improved dispute settlement mechanisms. (d) Extension of ``Fast Track'' Procedures With Respect to Agreements Entered Into With Eligible Pacific Rim Countries.-- (1) Notwithstanding the provisions of section 1102(c)(1) of the Omnibus Trade and Competitiveness Act of 1988 relating to the expiration of the authority contained in such section on June 1, 1993, the President may enter into bilateral trade agreements with eligible Pacific Rim countries under such section. (2) Notwithstanding the provisions of section 1103(b)(1)(A) of the Omnibus Trade and Competitiveness Act of 1988 relating to the expiration of the authority contained in such section on June 1, 1991, and subject to section 1103(c) of such Act, the provisions of section 151 of the Trade Act of 1974 shall apply to any agreement entered into with an eligible Pacific Rim country. (e) Waiver of Negotiation Request by Eligible Pacific Rim Countries.--Section 1102(c)(3)(B) of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2902(c)(3)(B)) does not apply to trade agreements referred to in subsection (a). SEC. 3. ADDITIONAL NEGOTIATING OBJECTIVES. In addition to the negotiating objectives set forth in section 1101 of the Omnibus Trade and Competitiveness Act of 1988, the President shall seek to achieve, in negotiations with an eligible Pacific Rim country to establish a free trade area, substantial progress in-- (1) improving the bilateral relationship between the United States and that country by promoting mutual economic benefits through trade expansion, greater economic efficiency, enhanced competition, and common rules governing trade practices; (2) removing, to the greatest extent possible, formal and informal barriers to trade between the parties, particularly in agricultural products and manufactured components in an effort to reduce government subsidies and injurious dumping practices; (3) providing effective mechanisms for the development of rules in nontraditional areas such as services, trade-related investment, and the protection of intellectual property rights; (4) encouraging United States firms to take greater advantage of opportunities in Pacific Rim country markets and to better understand how to compete effectively in those markets; and (5) improving market access in the respective countries as a means of stabilizing the bilateral balance of trade. SEC. 4. ELIGIBLE PACIFIC RIM COUNTRIES. As used in this Act, the term ``eligible Pacific Rim country'' means Indonesia, Malaysia, the Philippines, Singapore, Thailand, Brunei, Australia, New Zealand, Taiwan, South Korea, Japan, or Hong Kong.

Directs the President to initiate consultations with each Pacific Rim country (Indonesia, Malaysia, the Philippines, Singapore, Thailand, Brunei, Australia, New Zealand, Taiwan, South Korea, Japan, or Hong Kong) to determine the feasibility of negotiating the elimination of tariffs and nontariff barriers, including barriers to investment, trade in services, and protection of intellectual property rights, through a bilateral free trade agreement. Requires the President, at each ministerial meeting convened for such consultations, to recommend establishment of a council to review and report on the existing bilateral relationship and the prospects for negotiating a free trade agreement. Authorizes the President to enter into such agreements after expiration on June 1, 1993, of "fast track" authority which provides procedures for their congressional passage under the Omnibus Trade and Competitiveness Act of 1988 and the Trade Act of 1974. Requires the President to achieve specified negotiating objectives with each country, including: (1) improving bilateral relationships through trade expansion and greater economic efficiency; (2) removing trade barriers, particularly in agricultural products and manufactured components in an effort to reduce government subsidies and injurious dumping practices; (3) providing mechanisms for the development of rules in nontraditional areas such as services, trade-related investment, and the protection of intellectual property rights; (4) encouraging U.S. firms to take greater advantage of opportunities in Pacific Rim countries and to compete more effectively there; and (5) improving market access in such countries.

To encourage the establishment of free trade areas between the United States and certain Pacific Rim countries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``War Crimes Prosecution Facilitation Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) In May 1993, the United Nations established the International Criminal Tribunal for the Former Yugoslavia (ICTY). (2) The mandate of the Tribunal is to prosecute ``genocide, crimes against humanity, grave breaches of the Geneva Conventions, and violations of the laws and customs of war'' committed in the territory of the former Yugoslavia from January 1, 1991, until ``a date to be determined after restoration of peace''. (3) Parties to the Dayton Agreement, as well as subsequent agreements, agreed to cooperate fully with the ``investigation and prosecution of war crimes and other violations of international humanitarian law''. All members of the international community are required by the Tribunal Statute to cooperate in ``the identification and location of persons'', ``the arrest or detention of persons'', and ``the surrender or the transfer of the accused'' to the Tribunal. (4) Although 74 persons are under indictment by the Tribunal, 66 remain at large, including 53 Bosnian and Yugoslav Serbs, and 13 Bosnian and Croatian Croats. (5) Credible reports indicate that some of the indicted war criminals are living in areas of Bosnia and Herzegovina that are under the effective control of Croatia or Serbia- Montenegro. Many of the indicted war criminals have been sighted living openly and freely in Croatia, the Croat- controlled areas of the Federation of Bosnia and Herzegovina, Republika Srpska, and Serbia-Montenegro. (6) An estimated 2,000,000 persons have been forced from their homes by the war, many of whom remain displaced and unable to return to their homes, in violation of the Dayton Accords, because their homes are in a jurisdiction controlled by a different ethnic group. (7) The fighting in Bosnia has ceased for more than a year, and international efforts are now focused on the economic reconstruction and implementation of the civilian aspects of the Dayton Accords. (8) The International Bank for Reconstruction and Development, the European Bank for Reconstruction and Development, the International Monetary Fund, and individual donor countries, including the United States, have begun disbursing funds toward meeting an identified goal of $5,100,000,000 for reconstruction of Bosnia. SEC. 3. SENSE OF THE SENATE. (a) It is the sense of the Senate that-- (1) reconciliation in Bosnia and Herzegovina cannot be achieved if indicted war criminals remain at large and refugees and displaced persons are unable to return to their homes; (2) reconstruction without reconciliation will not be effective in ensuring stability in the long run because absent individual accountability, victimized communities will assign collective responsibility, thus perpetuating the cycle of hatred; and (3) the Government of the United States should ensure that multilateral and bilateral assistance is provided to parties to the Dayton Agreement only if doing so would promote reconciliation as well as reconstruction, including the transfer of war criminals to the Tribunal, the return of refugees and displaced persons, and freedom of movement. (b) It is further the sense of the Senate that the Tribunal, consistent with its mandate, should continue to investigate and bring indictments against persons who have violated international humanitarian law. SEC. 4. RESTRICTIONS ON FUNDING. (a) Bilateral Assistance.-- (1) In general.--No assistance may be provided under the Foreign Assistance Act of 1961 or the Arms Export Control Act for any country described in subsection (d). (2) Application to prior appropriations.--The prohibition on assistance contained in paragraph (1) includes the provision of assistance from funds appropriated prior to the date of enactment of this Act. (b) Multilateral Assistance.--The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to work in opposition to, and vote against, any extension by such institutions of any financial or technical assistance or grants of any kind to any country described in subsection (d). (c) Exceptions.-- (1) In general.--Subject to paragraph (2), subsections (a) and (b) shall not apply to the provision of-- (A) humanitarian assistance; (B) democratization assistance; or (C) assistance for physical infrastructure projects involving activities in both a sanctioned country and nonsanctioned contiguous countries, if the nonsanctioned countries are the primary beneficiaries. (2) Further limitations.--Notwithstanding paragraph (1)-- (A) no assistance may be made available under the Foreign Assistance Act of 1961 or the Arms Export Control Act for a program, project, or activity in any country described in subsection (d) in which an indicted war criminal has any financial or material interest or through any organization in which the indicted individual is affiliated; and (B) no assistance (other than emergency food or medical assistance or demining assistance) may be made available under the Foreign Assistance Act of 1961 or the Arms Export Control Act to any program, project, or activity in any area in any country described in subsection (d) in which local authorities are not complying with the provisions of Article IX and Annex 4, Article II of the Dayton Agreement relating to war crimes and the Tribunal, or with the provisions of Annex 7 of the Dayton Agreement relating to the rights of refugees and displaced persons to return to their homes of origin. (d) Sanctioned Countries.--A country described in this section is a country the authorities of which fail to apprehend and transfer to the Tribunal all persons in territory that is under their effective control who have been indicted by the Tribunal. (e) Waiver.-- (1) Authority.--The President may waive the application of subsection (a) or subsection (b) with respect to a country if the President determines and certifies to the appropriate committees of Congress within six months after the date of enactment of this Act that a majority of the indicted persons who are within territory that is under the effective control of the country have been arrested and transferred to the Tribunal. (2) Period of effectiveness.--Any waiver made pursuant to this subsection shall be effective for a period of six months. (f) Termination of Sanctions.--The sanctions imposed pursuant to subsection (a) or subsection (b) with respect to a country shall cease to apply only if the President determines and certifies to Congress that the authorities of that country have apprehended and transferred to the Tribunal all persons in territory that is under their effective control who have been indicted by the Tribunal. SEC. 5. DEFINITIONS. As used in this Act: (1) Country.--The term ``country'' shall not include the state of Bosnia and Herzegovina, and the provisions of this Act shall be applied separately to its constituent entities of Republika Srpska and the Federation of Bosnia and Herzegovina. (2) Dayton agreement.--The term ``Dayton Agreement'' means the General Framework Agreement for Peace in Bosnia and Herzegovina, together with annexes relating thereto, done at Dayton, November 10 through 16, 1995. (3) Democratization assistance.--The term ``democratization assistance'' includes electoral assistance and assistance used in establishing the institutions of a democratic and civil society. (4) Humanitarian assistance.--The term ``humanitarian assistance'' includes disaster and food assistance and assistance for demining, refugees, housing, education, health care, and other social services. (5) Tribunal.--The term ``Tribunal'' means the International Criminal Tribunal for the Former Yugoslavia.

War Crimes Prosecution Facilitation Act of 1997 - Expresses the sense of the Senate that: (1) reconciliation in Bosnia and Herzegovina cannot be achieved if indicted war criminals remain at large and refugees and displaced persons are unable to return to their homes; (2) the United States should ensure that multilateral and bilateral assistance is provided to the Dayton Agreement parties only if doing so would promote reconciliation as well as reconstruction, including the transfer of war criminals to the International Criminal Tribunal for the Former Yugoslavia (ICTY), the return of refugees and displaced persons, and freedom of movement; and (3) the ICTY should continue to investigate and bring indictments against persons who have violated international humanitarian law. Prohibits foreign assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act (except humanitarian or democratization assistance, or assistance for physical infrastructure projects) to: (1) any country whose government fails to apprehend and transfer to the ICTY persons in their territory the ICTY has indicted; (2) any program or activity in such country in which an indicted war criminal has any financial interest or through any organization with which the indicted person is affiliated; and (3) any program or activity in any country (other than emergency food, medical, or demining assistance) in which local authorities are not complying with certain articles of the Dayton Agreement. Directs the Secretary of the Treasury to instruct the U.S. executive directors of the international financial institutions to work in opposition to, and vote against, any extension of any financial assistance or grants to such a country. Provides for a waiver of such sanctions if a majority of indicted persons within the country's territory have been arrested and transferred to the ICTY.

War Crimes Prosecution Facilitation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``50 States Commemorative Coin Program Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) It is appropriate and timely to-- (A) honor the unique Federal republic of 50 States that comprise the United States; and (B) promote the diffusion of knowledge among the youth of the United States about the individual States, their history and geography, and the rich diversity of the national heritage. (2) The circulating coinage of the United States has not been modernized within the past 25 years. (3) A circulating commemorative 25-cent coin program could produce earnings of $110,000,000 over the 10-year period of issuance and would produce indirect earnings of an estimated $3,400,000,000 to the United States Treasury, money that will replace borrowing to fund the national debt to at least that extent. (4) It is appropriate to launch a commemorative circulating coin program that encourages young people and their families to collect memorable tokens of all the States for the face value of the coins. SEC. 3. ISSUANCE OF REDESIGNED QUARTER DOLLARS OVER 10-YEAR PERIOD COMMEMORATING EACH OF THE 50 STATES. Section 5112 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(k) Redesign and Issuance of Quarter Dollar in Commemoration of Each of the 50 States.-- ``(1) In general.--Notwithstanding the 4th sentence of subsection (d)(1) and subsection (d)(2), quarter dollar coins issued during the 10-year period beginning on January 1, 1997, shall have designs selected in accordance with this subsection which are emblematic of the 50 States. ``(2) Single state designs.--The design for each quarter dollar issued during the 10-year period referred to in paragraph (1) shall be emblematic of 1 of the 50 States. ``(3) Issuance of coins commemorating 5 states during each of the 10 years.-- ``(A) In general.--The designs for the quarter dollar coins issued during each year of the 10-year period referred to in paragraph (1) shall be emblematic of 5 States which have not previously been commemorated during such period. ``(B) Number of each of 5 coin designs in each year.--Of the quarter dollar coins issued during each year (of the 10-year period referred to in paragraph (1)), the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of quarter dollars which shall be issued with each of the 5 designs selected for such year. ``(4) Selection of design.--Each of the 50 designs required under this subsection for quarter dollars shall be-- ``(A) selected by the Secretary after consultation with appropriate officials of the State being commemorated with such design and the Commission of Fine Arts; and ``(B) reviewed by the Citizens Commemorative Coin Advisory Committee. ``(5) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(6) Numismatic items.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate with a content of 90 percent silver and 10 percent copper. ``(C) Sources of bullion.--The Secretary shall obtain silver for minting coins under subparagraph (B) only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. ``(D) Sale price of coins.--The coins issued under this paragraph shall be sold by the Secretary at a price equal to the sum of the face value of the coins and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, profit, and shipping). ``(7) Application in event of the admission of additional states.--If any additional State is admitted into the Union before the end of the 10-year period referred to in paragraph (1), the Secretary of the Treasury may issue quarter dollar coins, in accordance with this subsection, with a design which is emblematic of such State during any 1 year of such 10-year period, in addition to the quarter dollar coins issued during such year in accordance with paragraph (3)(A).''. SEC. 4. FIXED TERMS FOR MEMBERS OF THE CITIZENS COMMEMORATIVE COIN ADVISORY COMMITTEE. (a) In General.--Paragraph (4) of section 5135(a) of title 31, United States Code, is amended to read as follows: ``(4) Terms.-- ``(A) In general.--Each individual appointed to the Advisory Committee under clause (i) or (iii) of paragraph (3)(A) shall be appointed for a term of 4 years. ``(B) Interim appointments.--Any member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed only for the remainder of such term. ``(C) Continuation of service.--Each member appointed under clause (i) or (iii) of paragraph (3)(A) may continue to serve after the expiration of the term to which such member was appointed until a successor has been appointed and qualified.''. (b) Staggered Terms.--Of the members appointed to the Citizens Commemorative Coin Advisory Committee under clause (i) or (iii) of paragraph (3)(A) of section 5135 of title 31, United States Code, who are serving on the Advisory Committee as of the date of the enactment of this Act-- (1) 1 member appointed under clause (i) and 1 member appointed under clause (iii), as designated by the Secretary of the Treasury, shall be deemed to have been appointed to a term which ends on December 31, 1997; (2) 1 member appointed under clause (i) and 1 member appointed under clause (iii), as designated by the Secretary of the Treasury, shall be deemed to have been appointed to a term which ends on December 31, 1998; and (3) 1 member appointed under clause (i) and 1 member appointed under clause (iii), as designated by the Secretary of the Treasury, shall be deemed to have been appointed to a term which ends on December 31, 1999. (c) Status of Members.--The members appointed to the Citizens Commemorative Coin Advisory Committee under clause (i) or (iii) of paragraph (3)(A) of section 5135 of title 31, United States Code, shall not be treated as special Government employees. Passed the House of Representatives September 4, 1996. Attest: ROBIN H. CARLE, Clerk.

50 States Commemorative Coin Program Act - Amends Federal law to: (1) mandate redesign of quarter-dollar coins issued between January 1, 1997, and January 1, 2007, to commemorate each of the 50 States (including any additional State admitted into the Union before the end of such ten-year period); and (2) set fixed, four-year terms for members of the Citizens Commemorative Coin Advisory Committee.

50 States Commemorative Coin Program Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Medicaid plays a key role in providing coverage for millions of working families. (2) Medicaid enrollees include families, pregnant women, children, individuals with disabilities, and other low-income individuals. Without Medicaid coverage, many enrollees would be uninsured or lack coverage for services they need. (3) In 2013, the Medicaid program covered 62,000,000 individuals, or 1 in every 5 Americans. This number will continue to grow, particularly since the Affordable Care Act significantly expanded eligibility to millions of uninsured adults. Enrollment in Medicaid and the Children's Health Insurance Program is projected to increase by 12,800,000 by 2016. (4) If all States expand their Medicaid programs, an estimated 7,000,000 women ages 18 to 64 would gain coverage under Medicaid. (5) In 47 States and in the District of Columbia, Medicaid pays up to 67 percent less than Medicare for the same primary care services. (6) Multiple studies have concluded that higher Medicaid payment rates would increase the probability of primary care providers accepting new Medicaid patients, and would further support current Medicaid providers. (7) Congress has recognized that low provider participation in Medicaid decreases access to health care. To address this problem, Congress acted to increase Medicaid payments for certain primary care services to be not less than the Medicare payment rates for 2013 and 2014. (8) As more Americans become insured and empowered participants in their own health care, demand for primary care services is expected to increase over the next few years. (9) Six in 10 women ages 18 to 44 (58 percent) report they see an obstetrics and gynecology (OB/GYN) physician on a regular basis. They are more likely to see their OB/GYN physician on a regular basis than any other type of provider. Given that women comprise the majority of Medicaid enrollees, it is critical that primary care providers, including OB/GYN physicians, receive sufficient reimbursement to participate in Medicaid. (10) Nurse practitioners and other mid-level health professionals deliver many primary care services. Applying Medicare's rates for nurse practitioners and mid-level health professionals encourages greater participation in Medicaid, thereby increasing access to primary care, particularly in underserved areas. (11) The enhanced Medicaid reimbursement rate ensures providers have the financial capability to serve their patients' primary care needs. Furthermore, adding nurse practitioners, physician assistants, certified nurse-midwives, and OB/GYN physicians serving in primary care settings increases access to critical health care services for women and children nationwide. SEC. 3. EXTENSION OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND APPLICATION TO ADDITIONAL PROVIDERS. (a) In General.--Section 1902(a)(13) of the Social Security Act (42 U.S.C. 1396a(a)(13)) is amended by striking subparagraph (C) and inserting the following: ``(C) payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and physician under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are-- ``(i) furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or ``(ii) furnished in 2015 and 2016-- ``(I) by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, but only if the physician self-attests that-- ``(aa) the physician is Board certified in family medicine, general internal medicine, or pediatric medicine; or ``(bb) with respect to the most recently completed calendar year (or in the case of a newly eligible physician, the preceding month), 60 percent of all services the physician billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); ``(II) by a physician with a primary specialty designation of obstetrics and gynecology, but only if the physician self-attests that-- ``(aa) the physician is Board certified in obstetrics and gynecology; and ``(bb) with respect to the most recently completed calendar year (or in the case of a newly eligible physician, the preceding month), 60 percent of all services the physician billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); ``(III) by an advanced practice clinician, as defined by the Secretary, that works under the supervision of-- ``(aa) a physician that satisfies the criteria specified in subclause (I) or (II); or ``(bb) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, but only if the nurse practitioner, physician assistant, or certified nurse- midwife self-attests that, with respect to the most recently completed calendar year (or in the case of a newly eligible nurse practitioner, physician assistant, or certified nurse- midwife, the preceding month), 60 percent of all services the nurse practitioner, physician assistant, or certified nurse- midwife billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); ``(IV) by a rural health clinic, Federally-qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician, a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, for services furnished by a physician, nurse practitioner, physician assistant, or certified nurse-midwife, or services furnished by an advanced practice clinician supervised by a physician described in subclause (I)(aa) or (II)(aa), another advanced practice clinician, or a certified nurse- midwife, but only if the rural health clinic or Federally-qualified health center self-attests that 60 percent of all services billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); or ``(V) by a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII, but only if the nurse practitioner, physician assistant, or certified nurse-midwife self-attests that, with respect to the most recently completed calendar year (or in the case of a newly eligible nurse practitioner, physician assistant, or certified nurse-midwife, the preceding month), 60 percent of all services the nurse practitioner, physician assistant, or certified nurse-midwife billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1);''. (b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. (c) Conforming Amendment.--Section 1905(dd) of the Social Security Act (42 U.S.C. 1396d(dd)) is amended by striking ``January 1, 2015'' and inserting ``January 1, 2017''. (d) Effective Date.--The amendments made by this section take effect on January 1, 2015.

Ensuring Access to Primary Care for Women and Children Act - Amends title XIX (Medicaid) of the Social Security Act to require that the primary care services furnished in 2015 and 2016 by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine be paid at a rate that is not less than 100% of the payment rate that applies to such services and physician under Medicare part B (Supplementary Medical Insurance). Extends this 100% of Medicare payment floor under certain conditions to the following providers, who are self-attested as Board-certified and at least 60% of whose services billed for under Medicaid must be for primary care services: (1) physicians with a primary specialty designation of obstetrics and gynecology; (2) advanced practice clinicians; (3) rural health clinics, federally-qualified health centers, or other specified health clinics; and (4) nurse practitioners, physician assistants, or certified nurse-midwives. Excludes from coverage of primary care services any such services provided in an emergency department of a hospital.

Ensuring Access to Primary Care for Women & Children Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Nurse-Midwifery Care Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1988, Congress has authorized certified nurse- midwives (in this section referred to as ``CNMs'') to provide maternity-related services to Medicare-eligible women who are of childbearing age. Approximately 3,000,000 disabled women are Medicare-eligible beneficiaries. In 1993, Congress authorized CNMs to also provide additional services outside the maternity cycle. Medicare reimburses CNMs for primary care services if those services are part of the practitioner's State-regulated scope of practice. (2) In its June 2002 report to Congress, the Medicare Payment Advisory Commission (MedPAC) unanimously recommended that the percentage of part B reimbursement for certified nurse-midwife services to be increased. (3) In this same report, MedPAC also stated that research shows the quality of care and outcomes for services provided by CNMs are at least comparable to obstetricians and gynecologists. (4) A 1998 study from the National Center for Health Statistics published Journal of Epidemiology and Community Health found the risk of experiencing an infant death was 19 percent lower for births attended by CNMs than for births attended by physicians. The risk of neonatal mortality (an infant death occurring in the first 28 days of life) was 33 percent lower, and the risk of delivering a low birth weight infant was 31 percent lower. Mean birth weight was 37 grams heavier for the CNM-attended than for the physician-attended births. Low birth weight is a major predictor of infant mortality, subsequent disease, or developmental disabilities. (5) The study also found that CNMs attended a greater proportion of women who are at higher risk for poor birth outcome: African Americans, American Indians, teenagers, unmarried women, and those with less than a high school education. Physicians attended a slightly higher proportion of births with medical complications. However, birth outcomes for CNMs were better even after socio-demographic and medical risk factors were controlled for in statistical analyses. (6) Medicare covers 3,000,000 women with disabilities that are of childbearing age. These women give birth to approximately 50,000 infants annually within the program. (7) CNMs and certified midwives (in this section referred to as ``CMs'') are highly educated health professionals. Completion of a post-baccalaureate educational program, licensure, and passage of a national certification examination are required to become CNMs and CMs. (8) Inequitable reimbursement for obstetrical and gynecological services provided by CNMs or CMs jeopardizes access for women (particularly those covered by Medicare) to the health care provider of their choice. SEC. 3. MEDICARE PAYMENT FOR CERTIFIED NURSE-MIDWIFE AND MIDWIFE SERVICES. (a) Certified Midwife, Certified Midwife Services Defined.--(1) Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended by adding at the end the following new paragraphs: ``(3) The term `certified midwife services' means such services furnished by a certified midwife (as defined in paragraph (4)) and such services and supplies furnished as an incident to the certified midwife's service which the certified midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) as would otherwise be payable under this title if furnished by a physician or as an incident to a physician's service. ``(4) The term `certified midwife' means an individual who has successfully completed a bachelor's degree from an accredited educational institution and a program of study and clinical experience meeting guidelines prescribed by the Secretary, or has been certified by an organization recognized by the Secretary.''. (2) The heading in section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended to read as follows: ``Certified Nurse-Midwife Services; Certified Midwife Services''. (b) Certified Midwife Service Benefit.-- (1) Medical and other services.--Section 1861(s)(2)(L) of the Social Security Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting ``and certified midwife services'' before the semicolon. (2) Payment to hospital for patients under care of certified nurse-midwife or certified midwife.--Section 1861(e)(4) of the Social Security Act (42 U.S.C. 1395x(e)(4)) is amended-- (A) by inserting ``(i)'' after ``except that''; and (B) by inserting before the semicolon the following: ``and (ii) a patient receiving certified nurse-midwife services or certified midwife services (as defined in paragraphs (1) and (3), respectively, of subsection (gg)) may be under the care of a certified nurse-midwife or certified midwife with respect to such services to the extent permitted under State law''. (3) Inpatient hospital service at teaching hospitals.-- Section 1861(b) of the Social Security Act (42 U.S.C. 1395x(b)) is amended-- (A) in paragraph (4), by inserting ``certified midwife services,'' after ``certified nurse-midwife services,''; (B) in paragraph (6), by striking ``; or'' and inserting ``or in the case of services in a hospital or osteopathic hospital by an intern or resident-in- training in the field of obstetrics and gynecology, nothing in this paragraph shall be construed to preclude a certified nurse-midwife or certified midwife (as defined in paragraphs (1) and (3), respectively, of subsection (gg)) from teaching or supervising such intern or resident-in-training, to the extent permitted under State law and as may be authorized by the hospital; or''; (C) in paragraph (7), by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following new paragraph: ``(8) a certified nurse-midwife or a certified midwife where the hospital has a teaching program approved as specified in paragraph (6), if (A) the hospital elects to receive any payment due under this title for reasonable costs of such services, and (B) all certified nurse-midwives or certified midwives in such hospital agree not to bill charges for professional services rendered in such hospital to individuals covered under the insurance program established by this title.''. (4) Benefit under part b.--Section 1832(a)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended-- (A) by inserting ``(I)'' after ``(iii)'', (B) by inserting ``certified midwife services,'' after ``certified nurse-midwife services,'', and (C) by adding at the end the following new subclause: ``(II) in the case of certified nurse-midwife services or certified midwife services furnished in a hospital which has a teaching program described in clause (i)(II), such services may be furnished as provided under section 1842(b)(7)(E) and section 1861(b)(8);''. (5) Amount of payment.--Section 1833(a)(1)(K) of the Social Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended-- (A) by inserting ``and certified midwife services'' after ``certified nurse-midwife services'', and (B) by striking ``65 percent'' each place it appears and inserting ``100 percent''. (6) Assignment of payment.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and (F)'' and inserting ``(F)''; and (B) by inserting before the period the following: ``, and (G) in the case of certified nurse-midwife services or certified midwife services under section 1861(s)(2)(L), payment may be made in accordance with subparagraph (A), except that payment may also be made to such person or entity (or the agent of such person or entity) as the certified nurse-midwife or certified midwife may designate under an agreement between the certified nurse-midwife or certified midwife and such person or entity (or the agent of such person or entity)''. (7) Clarification regarding payments under part b for such services furnished in teaching hospitals.--(A) Section 1842(b)(7) of the Social Security Act (42 U.S.C. 1395u(b)(7)) is amended-- (i) in subparagraphs (A) and (C), by inserting ``or, for purposes of subparagraph (E), the conditions described in section 1861(b)(8),'' after ``section 1861(b)(7),''; and (ii) by adding at the end the following new subparagraph: ``(E) In the case of certified nurse-midwife services or certified midwife services furnished to a patient in a hospital with a teaching program approved as specified in section 1861(b)(6) but which does not meet the conditions described in section 1861(b)(8), the provisions of subparagraphs (A) through (C) shall apply with respect to a certified nurse-midwife or a certified midwife respectively under this subparagraph as they apply to a physician under subparagraphs (A) through (C).''. (B) Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall prescribe regulations to carry out the amendments made by subparagraph (A). SEC. 4. INTERIM, FINAL REGULATIONS. Except as provided in section 3(b)(7)(B), in order to carry out the amendments made by this Act in a timely manner, the Secretary of Health and Human Services may first promulgate regulations, that take effect on an interim basis, after notice and pending opportunity for public comment, by not later than 6 months after the date of the enactment of this Act.

Improving Access to Nurse-Midwifery Care Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for the coverage of and payment for certified midwife services. (Currently only certified nurse-midwife services are covered.) Declares that nothing precludes certified nurse-midwives and certified midwives from teaching or supervising an intern or resident-in-training.

To amend title XVIII of the Social Security Act to provide for reimbursement of certified midwife services and to provide for more equitable reimbursement rates for certified nurse-midwife services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Delaware Wild and Scenic Rivers Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Public Law 102-460 directed the Secretary of the Interior, in cooperation and consultation with appropriate Federal, State, regional, and local agencies, to conduct a study of the eligibility and suitability of the lower Delaware River for inclusion in the Wild and Scenic Rivers System; (2) during the study, the Lower Delaware Wild and Scenic River Study Task Force and the National Park Service prepared a river management plan for the study area entitled ``Lower Delaware River Management Plan'' and dated August 1997, which establishes goals and actions that will ensure long-term protection of the river's outstanding values and compatible management of land and water resources associated with the river; and (3) after completion of the study, 24 municipalities along segments of the Delaware River eligible for designation passed resolutions supporting the Lower Delaware River Management Plan, agreeing to take action to implement the goals of the plan, and endorsing designation of the river. SEC. 3 DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended-- (1) by designating the first undesignated paragraph following paragraph 156, pertaining to Elkhorn Creek and enacted by Public Law 104-208, as paragraph 157; (2) by designating the second undesignated paragraph following paragraph 156, pertaining to the Clarion River, Pennsylvania, and enacted by Public Law 104-314, as paragraph 158; (3) by designating the third undesignated paragraph following paragraph 156, pertaining to the Lamprey River, New Hampshire, and enacted by Public Law 104-333, as paragraph 159; (4) by striking the fourth undesignated paragraph following paragraph 156, pertaining to Elkhorn Creek and enacted by Public Law 104-333; and (5) by adding at the end the following: ``(161) Lower delaware river and associated tributaries, new jersey and pennsylvania.--(A) The 65.6 miles of river segments in New Jersey and Pennsylvania, consisting of-- ``(i) the segment from river mile 193.8 to the northern border of the city of Easton, Pennsylvania (approximately 10.5 miles), as a recreational river; ``(ii) the segment from a point just south of the Gilbert Generating Station to a point just north of the Point Pleasant Pumping Station (approximately 14.2 miles), as a recreational river; ``(iii) the segment from the point just south of the Point Pleasant Pumping Station to a point 1,000 feet north of the Route 202 bridge (approximately 6.3 miles), as a recreational river; ``(iv) the segment from a point 1,750 feet south of the Route 202 bridge to the southern border of the town of New Hope, Pennsylvania (approximately 1.9 miles), as a recreational river; ``(v) the segment from the southern boundary of the town of New Hope, Pennsylvania, to the town of Washington Crossing, Pennsylvania (approximately 6 miles), as a recreational river; ``(vi) Tinicum Creek (approximately 14.7 miles), as a scenic river; ``(vii) Tohickon Creek from the Lake Nockamixon Dam to the Delaware River (approximately 10.7 miles), as a scenic river; and ``(viii) Paunacussing Creek in Solebury Township (approximately 3 miles), as a recreational river. ``(B) Administration.--The river segments referred to in subparagraph (A) shall be administered by the Secretary of the Interior. Notwithstanding section 10(c), the river segments shall not be administered as part of the National Park System.''. SEC. 4. MANAGEMENT OF RIVER SEGMENTS. (a) Management of Segments.--The river segments designated in section 3 shall be managed-- (1) in accordance with the river management plan entitled ``Lower Delaware River Management Plan'' and dated August 1997 (referred to as the ``management plan''), prepared by the Lower Delaware Wild and Scenic River Study Task Force and the National Park Service, which establishes goals and actions that will ensure long-term protection of the river's outstanding values and compatible management of land and water resources associated with the river; and (2) in cooperation with appropriate Federal, State, regional, and local agencies, including-- (A) the New Jersey Department of Environmental Protection; (B) the Pennsylvania Department of Conservation and Natural Resources; (C) the Delaware and Lehigh Navigation Canal Heritage Corridor Commission; (D) the Delaware and Raritan Canal Commission; and (E) the Delaware River Greenway Partnership. (b) Satisfaction of Requirements for Plan.--The management plan shall be considered to satisfy the requirements for a comprehensive management plan under subsection 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (c) Federal Role.-- (1) Restrictions on water resource projects.--In determining under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)) whether a proposed water resources project would have a direct and adverse effect on the value for which a segment is designated as part of the Wild and Scenic Rivers System, the Secretary of the Interior (hereinafter referred to as the ``Secretary'') shall consider the extent to which the project is consistent with the management plan. (2) Cooperative agreements.--Any cooperative agreements entered into under section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)) relating to any of the segments designated by this Act shall-- (A) be consistent with the management plan; and (B) may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the segments. (3) Support for implementation.--The Secretary may provide technical assistance, staff support, and funding to assist in the implementation of the management plan. (d) Land Management.-- (1) In general.--The Secretary may provide planning, financial, and technical assistance to local municipalities to assist in the implementation of actions to protect the natural, economic, and historic resources of the river segments designated by this Act. (2) Plan requirements.--After adoption of recommendations made in section III of the management plan, the zoning ordinances of the municipalities bordering the segments shall be considered to satisfy the standards and requirements under section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (e) Additional Segments.-- (1) In general.--In this paragraph, the term ``additional segment'' means-- (A) the segment from the Delaware Water Gap to the Toll Bridge connecting Columbia, New Jersey, and Portland, Pennsylvania (approximately 9.2 miles), which, if made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall be administered by the Secretary as a recreational river; (B) the segment from the Erie Lackawanna railroad bridge to the southern tip of Dildine Island (approximately 3.6 miles), which, if made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall be administered by the Secretary as a recreational river; (C) the segment from the southern tip of Mack Island to the northern border of the town of Belvidere, New Jersey (approximately 2 miles), which, if made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall be administered by the Secretary as a recreational river; (D) the segment from the southern border of the town of Phillipsburg, New Jersey, to a point just north of Gilbert Generating Station (approximately 9.5 miles), which, if made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall be administered by the Secretary as a recreational river; (E) Paulinskill River in Knowlton Township (approximately 2.4 miles), which, if made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall be administered by the Secretary as a recreational river; and (F) Cook's Creek (approximately 3.5 miles), which, if made part of the Wild and Scenic Rivers System in accordance with this paragraph, shall be administered by the Secretary as a scenic river. (2) Finding.--Congress finds that each of the additional segments is suitable for designation as a recreational river or scenic river under this paragraph, if there is adequate local support for the designation. (3) Designation.--If the Secretary finds that there is adequate local support for designating any of the additional segments as a recreational river or scenic river-- (A) the Secretary shall publish in the Federal Register a notice of the designation of the segment; and (B) the segment shall thereby be designated as a recreational river or scenic river, as the case may be, in accordance with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). (4) Criteria for local support.--In determining whether there is adequate local support for the designation of an additional segment, the Secretary shall consider, among other things, the preferences of local governments expressed in resolutions concerning designation of the segment. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires such segments to be managed: (1) in accordance with the Lower Delaware River management plan which ensures the long-term protection of the River's values and the compatible management of land and water resources associated with the River; and (2) in cooperation with appropriate Federal, State, regional, and local agencies. Authorizes the Secretary: (1) to provide planning, financial, and technical assistance to affected local municipalities to protect the natural, economic, and historic resources of the segments; and (2) if adequate local support to add certain additional segments to the System is found, to publish a notice of such designation, after which such segments shall be so included. Authorizes appropriations.

Lower Delaware Wild and Scenic Rivers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Housing Act''. SEC. 2. INVESTMENT IN FHA INFRASTRUCTURE. (a) Human Resources and Funding.--Section 502(a) of the Housing Act of 1948 (12 U.S.C. 1701c(a)) is amended-- (1) by striking ``The Secretary of Housing and Urban Development'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the Secretary of Housing and Urban Development''; and (2) by adding at the end the following: ``(2) Administration of fha programs.-- ``(A) Office personnel.-- ``(i) Appointment.--In carrying out any program through the Federal Housing Administration (in this section referred to as the `Administration'), the Secretary may appoint and fix the compensation of such officers and employees of the Administration as the Secretary considers necessary. ``(ii) Compensation.--Any officer or employee appointed under clause (i) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. ``(B) Comparability of compensation with federal banking agencies.--In fixing and directing compensation under subparagraph (A), the Secretary shall consult with, and maintain comparability with the compensation of officers and employees of the Federal Deposit Insurance Corporation. ``(C) Personnel of other federal agencies.--In carrying out the duties of the Administration, the Secretary may use information, services, staff, and facilities of any Federal executive agency, independent agency, or department on a reimbursable basis, with the consent of such agency or department. ``(D) Outside experts and consultant.--In carrying out the duties of the Administration, the Secretary may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ``(E) Use of premium-generated income.--To the extent that income derived in any fiscal year from premium fees charged under section 203(c) of the National Housing Act (12 U.S.C. 1709(c)) are in excess of the level of income estimated for that fiscal year for such premium fees and assumed in the baseline projection prepared by the Director of the Office of Management and Budget for inclusion in the President's annual budget request, not more than $82,000,000 of such excess amounts may be used from such amounts for the purpose of carrying out this paragraph.''. (b) Information Technology Investment.--Section 502(a) of the Housing Act of 1948 (12 U.S.C. 1701c(a)), as amended by subsection (a), is amended by adding at the end the following: ``(3) Information technology.-- ``(A) In general.--In carrying out any program through the Administration, the Secretary may utilize such funds as are available under subparagraph (B) to ensure that an appropriate level of investment in information technology is maintained in order for the Secretary to upgrade its technology systems. ``(B) Use of premium-generated income.--To the extent that income derived from premium fees charged under section 203(c) of the National Housing Act (12 U.S.C. 1709(c)) are in excess of the level of income estimated for that fiscal year for such premium fees and assumed in the baseline projection prepared by the Director of the Office of Management and Budget for inclusion in the President's annual budget request, not more than $72,000,000 of such excess amounts may be used from such amounts for the purpose of carrying out this paragraph.''. SEC. 3. EXTENSION OF MORTGAGE TERM AUTHORITY. Section 203(b)(3) of the National Housing Act (12 U.S.C. 1709(b)(3)) is amended-- (1) by striking ``thirty-five years'' and inserting ``50 years''; and (2) by striking ``(or thirty years if such mortgage is not approved for insurance prior to construction)''. SEC. 4. DOWNPAYMENT FLEXIBILITY. Section 203(b)(9) of the National Housing Act (12 U.S.C. 1709(b)(9)) is amended by striking ``(9)'' and all that follows through ``Provided further, That for'' and inserting the following: ``(9) Be executed by a mortgagor who shall have paid on account of the property, in cash or its equivalent, an amount, if any, as the Secretary may determine, based on factors determined by the Secretary and commensurate with the likelihood of default. For''. SEC. 5. MORTGAGE INSURANCE FLEXIBILITY. Section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)) is amended-- (1) in subparagraph (A)-- (A) by striking the first sentence and inserting ``The Secretary shall establish and collect, at the time of insurance, a single premium payment, in such amount as the Secretary may determine, based on factors determined by the Secretary and commensurate with the likelihood of default of the homebuyer. Such premium payment shall be in an amount not to exceed 3 percent of the amount of the original insured principal obligation of the mortgage.''; and (B) by striking the second sentence; and (2) in subparagraph (B), by striking ``0.50 percent'' and inserting ``1 percent''. SEC. 6. INNOVATION FOR NEW PROJECTS. Section 203 of the National Housing Act (12 U.S.C. 1709) is amended by adding at the end the following: ``(y) Waiver for New Product Initiatives.-- ``(1) In general.--Notwithstanding any other provision of law, and subject to the limitation under paragraph (2), the Secretary may waive such requirements of this section as the Secretary determines appropriate for any new product initiative. ``(2) Limitation.--For all new product initiatives in any fiscal year, the Secretary may allocate an amount equal to not more than 10 percent of the amount necessary to carry out the insurance of mortgages under this section for the prior fiscal year.''. SEC. 7. MAXIMUM MORTGAGE AMOUNT LIMIT FOR MULTIFAMILY HOUSING IN HIGH- COST AREAS. Sections 207(c)(3), 213(b)(2)(B)(i), 220(d)(3)(B)(iii)(III), 221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and 234(e)(3)(B) of the National Housing Act (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i), 1715k(d)(3)(B)(iii)(III), 1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II), 1715v(c)(2)(B)), and 1715y(e)(3)(B)) are each amended-- (1) by striking ``140 percent'' each place that term appears and inserting ``170 percent''; and (2) by striking ``170 percent'' each place that term appears and inserting ``215 percent''. SEC. 8. INCREASE IN FHA FINANCIAL INTEGRITY. Section 205(f)(2) of the National Housing Act (12 U.S.C. 1711(f)(2)) is amended by striking ``2.0 percent'' and inserting ``3.0 percent''.

21st Century Housing Act - Amends the Housing Act of 1948 to authorize the Secretary of Housing and Urban Development, in carrying out any program through the Federal Housing Administration, to: (1) appoint and fix the compensation of Administration personnel; and (2) use premium-generated income for information technology upgrades. Amends the National Housing Act to: (1) extend the maturity term for insured mortgages; (2) revise mortgage insurance eligibility criteria and requirements for premium charges; (3) authorize waiver of certain requirements for new product initiatives; (4) increase the maximum mortgage amount limit for multifamily housing in high-cost areas; and (5) increase the capital ratio for the Mutual Mortgage Insurance Fund.

A bill to modernize the Federal Housing Administration to meet the housing needs of the American people.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Budgeting Act''. SEC. 2. BUDGETARY TREATMENT OF INLAND WATERWAYS TRUST FUND AND HARBOR MAINTENANCE TRUST FUND. Notwithstanding any other provision of law, the receipts and disbursements of the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund-- (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President, (B) the congressional budget (including allocations of budget authority and outlays provided therein), or (C) the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF THE INLAND WATERWAYS TRUST FUND AND HARBOR MAINTENANCE TRUST FUND. (a) Estimates of Unfunded Authorizations and Net Receipts.--Not later than March 31 of each year, the Secretary of the Army, in consultation with the Secretary of the Treasury, shall estimate-- (1) the amount which would (but for this section) be the unfunded inland waterways authorizations and unfunded harbor maintenance authorizations at the close of the first fiscal year that begins after that March 31; and (2) the net inland waterways receipts and net harbor maintenance receipts at the close of such fiscal year. (b) Procedure if Excess Authorizations.--If the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund for any fiscal year that the amount described in subsection (a)(1) exceeds the amount described in subsection (a)(2), the Secretary shall determine the amount of such excess. (c) Adjustment of Authorizations if Unfunded Authorizations Exceed Receipts.-- (1) Determination of percentage.--If the Secretary of the Army determines that there is an excess referred to in subsection (b) for a fiscal year, the Secretary of the Army shall determine the percentage which-- (A) such excess, is of (B) the total of the amounts authorized to be appropriated from the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund, as the case may be, for the next fiscal year. (2) Adjustment of authorizations.--If the Secretary of the Army determines a percentage under paragraph (1), each amount authorized to be appropriated from the Trust Fund for the next fiscal year shall be reduced by such percentage. (d) Availability of Amounts Previously Withheld.--If, after an adjustment has been made under subsection (c)(2), the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund that the amount described in subsection (a)(1) does not exceed the amount described in subsection (a)(2) or that the excess referred to in subsection (b) with respect to the Trust Fund is less than the amount previously determined, each amount authorized to be appropriated that was reduced under subsection (c)(2) with respect to the Trust Fund shall be increased, by an equal percentage, to the extent the Secretary of the Army determines that it may be so increased without causing the amount described in subsection (a)(1) to exceed with respect to the Trust Fund the amount described in subsection (a)(2) (but not by more than the amount of the reduction). (e) Reports.--Any estimate under subsection (a) and any determination under subsection (b), (c), or (d) shall be reported by the Secretary of the Army to Congress. SEC. 4. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Harbor maintenance trust fund.--The term ``Harbor Maintenance Trust Fund'' means the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986. (2) Inland waterways trust fund.--The term ``Inland Waterways Trust Fund'' means the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (3) Net harbor maintenance receipts.--The term ``net harbor maintenance receipts'' means, with respect to any period, the receipts (including interest) of the Harbor Maintenance Trust Fund during such period. (4) Net inland waterways receipts.--The term ``net inland waterways receipts'' means, with respect to any period, the receipts (including interest) of the Inland Waterways Trust Fund during such period. (5) Unfunded inland waterways authorizations.--The term ``unfunded inland waterways authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Inland Waterways Trust Fund which has not been appropriated, over (B) the amount available in the Inland Waterways Trust Fund at such time to make such appropriations. (6) Unfunded harbor maintenance authorizations.--The term ``unfunded harbor maintenance authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Harbor Maintenance Trust Fund which has not been appropriated, over (B) the amount available in the Harbor Maintenance Trust Fund at such time to make such appropriations. SEC. 5. APPLICABILITY. This Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 2000.

Requires the Secretary of the Army to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded inland waterways and harbor maintenance authorizations; and (2) the net inland waterways and harbor maintenance receipts at the close of such year.

Truth in Budgeting Act

SECTION 1. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45D. EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of a small employer, the employee health insurance expenses credit determined under this section is an amount equal to the applicable percentage of the amount paid by the taxpayer during the taxable year for qualified employee health insurance expenses. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is equal to-- ``(1) 60 percent in the case of self-only coverage, and ``(2) 70 percent in the case of family coverage (as defined in section 220(c)(5)). ``(c) Per Employee Dollar Limitation.--The amount of qualified employee health insurance expenses taken into account under subsection (a) with respect to any qualified employee for any taxable year shall not exceed-- ``(1) $600 in the case of self-only coverage, and ``(2) $1,200 in the case of family coverage (as so defined). ``(d) Definitions.--For purposes of this section-- ``(1) Small employer.-- ``(A) In general.--The term `small employer' means, with respect to any calendar year, any employer if such employer employed an average of 9 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(C) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9832(b)(1). ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, an employee of an employer if the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year exceeds $5,000 but does not exceed $16,000. ``(B) Treatment of certain employees.--For purposes of subparagraph (A), the term `employee' shall include-- ``(i) an employee within the meaning of section 401(c)(1), and ``(ii) a leased employee within the meaning of section 414(n). ``(C) Wages.--The term `wages'-- ``(i) has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section), and ``(ii) in the case of an employee described in subparagraph (B)(i), includes the net earnings from self-employment (as defined in section 1402(a) and as so determined). ``(D) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 1999, the $16,000 amount contained in subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1998' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any increase determined under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ``(e) Certain rules made applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(f) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to qualified employee health insurance expenses taken into account under subsection (a).'' (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the employee health insurance expenses credit determined under section 45D.'' (c) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(9) No carryback of section 45D credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the employee health insurance expenses credit determined under section 45D may be carried back to a taxable year ending before the date of the enactment of section 45D.'' (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45D. Employee health insurance expenses.'' (e) 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.

Amends the Internal Revenue Code to allow small business employers a credit against income tax for employee health insurance expenses the employer pays or incurs. Allows a credit equal to 60 percent of expenses (up to $600 per employee) for self-only coverage and 70 percent of expenses (up to $1,200 per employee) for family coverage. Limits such credit to expenses paid for an employee whose total annual wages range between $5,000 and $16,000, indexed for inflation.

A bill to amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax for employee health insurance expenses paid or incurred by the employer.

SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Video Game Rating Act of 1994''. (b) Purpose.--The purpose of this Act is to provide parents with information about the nature of video games which are used in homes or public areas, including arcades or family entertainment centers. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the terms ``video games'' and ``video devices'' mean any interactive computer game, including all software, framework and hardware necessary to operate a game, placed in interstate commerce; and (2) the term ``video game industry'' means all manufacturers of video games and related products. SEC. 3. THE INTERACTIVE ENTERTAINMENT RATING COMMISSION. (a) Establishment.--There is established the Interactive Entertainment Rating Commission (hereafter in this Act referred to as the ``Commission'') which shall be an independent establishment in the executive branch as defined under section 104 of title 5, United States Code. (b) Members of the Commission.--(1)(A) The Commission shall be composed of 5 members. No more than 3 members shall be affiliated with any 1 political party. (B) The members shall be appointed by the President, by and with the advice and consent of the Senate. The President shall designate 1 member as the Chairman of the Commission. (2) All members shall be appointed within 60 days after the date of the enactment of this Act. (c) Terms.--Each member shall serve until the termination of the Commission. (d) Vacancies.--A vacancy on the Commission shall be filled in the same manner as the original appointment. (e) Compensation of Members.--(1) Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following new item: ``Chairman, Interactive Entertainment Rating Commission.''. (2) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following new item: ``Members, Interactive Entertainment Rating Commission.''. (3) The amendments made by this subsection are repealed effective on the date of termination of the Commission. (f) Staff.--(1) The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (g) Consultants.--The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants under section 3109 of title 5, United States Code. The Commission shall give public notice of any such contract before entering into such contract. (h) Funding.--There are authorized to be appropriated to the Commission such sums as are necessary to enable the Commission to carry out its duties under this Act, such sums to remain available until December 31, 1996. (i) Termination.--The Commission shall terminate on the earlier of-- (1) December 31, 1996; or (2) 90 days after the Commission submits a written determination to the President that voluntary standards are established that are adequate to warn purchasers of the violent or sexually explicit content of video games. SEC. 4. AUTHORITY AND FUNCTIONS OF THE COMMISSION. (a) Voluntary Standards.--(1) The Commission shall-- (A) during the 1-year period beginning on the date of the enactment of this Act, and to the greatest extent practicable, coordinate with the video game industry in the development of a voluntary system for providing information concerning the contents of video games to purchasers and users; and (B) 1 year after the date of enactment of this Act-- (i) evaluate whether any voluntary standards proposed by the video game industry are adequate to warn purchasers and users about the violence or sexually explicit content of video games; and (ii) determine whether the voluntary industry response is sufficient to adequately warn parents and users of the violence or sex content of video games. (2) If before the end of the 1-year period beginning on the date of the enactment of this Act, the Commission makes a determination of adequate industry response under paragraph (1)(B)(ii) and a determination that sufficient voluntary standards are established, the Commission shall-- (A) submit a report of such determinations and the reasons therefor to the President and the Congress; and (B) terminate in accordance with section 3(i)(2). (b) Regulatory Authority.--Effective on and after the date occurring 1 year after the date of the enactment of this Act the Commission may promulgate regulations requiring manufacturers and sellers of video games to provide adequate information relating to violence or sexually explicit content of such video games to purchasers and users. SEC. 5. ANTITRUST EXEMPTION. The antitrust laws as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 45) and the law of unfair competition under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the video game industry for the purpose of, and limited to, developing and disseminating voluntary guidelines designed to provide appropriate information regarding the sex or violence content of video games to purchasers of video games at the point of sale or initial use or other users of such video games. The exemption provided for in this subsection shall not apply to any joint discussion, consideration, review, action, or agreement which results in a boycott of any person.

Video Game Rating Act of 1994 - Establishes the Interactive Entertainment Rating Commission to: (1) coordinate with the video game industry in the development of a voluntary standard for providing information to purchasers and users concerning the contents of video games; (2) evaluate whether any standards proposed are adequate to warn purchasers and users of the violent or sexually explicit content of such games; and (3) report to the President and the Congress regarding the adequacy of the industry's response. Provides Commission funding through December 31, 1996. Terminates the Commission on the earlier of such date or 90 days after submission of its report. Provides an antitrust exemption for any actions taken by the video game industry in developing such guidelines.

Video Game Rating Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Best Buddies Empowerment for People with Intellectual Disabilities Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Best Buddies is the first national social and recreational program in the United States for people with mental retardation. (2) Best Buddies is dedicated to helping people with intellectual disabilities become part of mainstream society. (3) Best Buddies is determined to end social isolation for people with intellectual disabilities by establishing meaningful friendships with their non-disabled peers in order to help increase the self-esteem, confidence, and abilities of people with and without intellectual disabilities. (4) Since 1989, Best Buddies has enhanced the lives of people with intellectual disabilities by providing opportunities for one-to-one friendships and integrated employment. (5) Best Buddies is an international organization spanning 1300 middle school, high school, and college campuses. (6) The Best Buddies organization implements programs that will positively impact more than 350,000 individuals this year and expect to be able to reach 500,000 people by 2010. (7) The Best Buddies Jobs program continues the integration of people with intellectual disabilities into the community through supported employment. (8) The Best Buddies Citizens program pairs people with mental retardation in one-to-one friendships with other individuals in the corporate and civic communities. (9) The Best Buddies Colleges program pairs people with mental retardation in one-to-one friendships with college students. (10) The Best Buddies High Schools program pairs students with mental retardation in one-to-one friendships with high school students. (11) The Best Buddies e-Buddies program creates respective e-mail friendships between people with and without intellectual disabilities. (b) Purpose.--The purposes of this Act are to-- (1) provide support to Best Buddies to increase participation in and public awareness about Best Buddies programs that serve people with intellectual disabilities; (2) dispel negative stereotypes about people with intellectual disabilities; and (3) promote the extraordinary gifts of people with intellectual disabilities. SEC. 3. ASSISTANCE FOR BEST BUDDIES. (a) Education Activities.--The Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Best Buddies to carry out the following: (1) Activities to promote the expansion of Best Buddies, including activities to increase the participation of individuals with intellectual disabilities within the United States. (2) The design and implementation of Best Buddies education and outreach programs, including character education and volunteer programs that support the purposes of this Act, that can be integrated into classroom instruction and are consistent with academic content standards. (b) Limitations.-- (1) In general.--Amounts appropriated to carry out this Act may not be used for direct treatment of diseases, medical conditions, or mental health conditions. (2) Administrative activities.--Not more than three percent of amounts appropriated to carry out this Act may be used for administrative activities. (c) Rule of Construction.--Nothing in this Act shall be construed to limit the use of non-Federal funds by Best Buddies. SEC. 4. APPLICATION AND ANNUAL REPORT. (a) Application.-- (1) In general.--To be eligible for a grant, contract, or cooperative agreement under section 3(a), Best Buddies shall submit an application at such time, in such manner, and containing such information as the Secretary of Education or Secretary of State, as applicable, may require. (2) Content.--At a minimum, an application under this subsection shall contain the following: (A) A description of activities to be carried out with the grant, contract, or cooperative agreement. (B) Information on specific measurable goals and objectives to be achieved through activities carried out with the grant, contract, or cooperative agreement. (b) Annual Report.-- (1) In general.--As a condition on receipt of any funds under section 3(a), Best Buddies shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education or Secretary of State, as applicable, may require. (2) Content.--At a minimum, each annual report under this subsection shall describe the degree to which progress has been made toward meeting the specific measurable goals and objectives described in the applications submitted under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for grants, contracts, or cooperative agreements under section 3(a), $10,000,000 to the Secretary of Education for fiscal year 2009, and such sums as may be necessary for each of the four succeeding fiscal years. SEC. 6. BUDGET NEUTRAL. The following provisions of law are hereby repealed: (1) Section 5523 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7265b). (2) Section 5533 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b).

Best Buddies Empowerment for People with Intellectual Disabilities Act of 2007 - Authorizes the Secretary of Education to award grants to, or enter into agreements with, Best Buddies (a nonprofit organization dedicated to helping people with intellectual disabilities mesh with mainstream society) to promote the expansion of Best Buddies and the design and implementation of its education and outreach programs, including character education and volunteer programs, that can be integrated into classroom instruction. Amends the Elementary and Secondary Education Act of 1965 to repeal authority for the Fund for the Improvement of Education: (1) educational, cultural, apprenticeship, and exchange programs for Alaska Natives, Native Hawaiians, and their historical whaling and trading partners in Massachusetts; and (2) program of grants to a national nonprofit educational organization for the improvement of student understanding of personal finance and economics through effective teaching of economics in the nation's classrooms.

To provide assistance to Best Buddies to support the expansion and development of mentoring programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Prisoner Health Care Copayment Act of 2000''. SEC. 2. HEALTH CARE FEES FOR PRISONERS IN FEDERAL INSTITUTIONS. (a) In General.--Chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4048. Fees for health care services for prisoners ``(a) Definitions.--In this section-- ``(1) the term `account' means the trust fund account (or institutional equivalent) of a prisoner; ``(2) the term `Director' means the Director of the Bureau of Prisons; ``(3) the term `health care provider' means any person who is-- ``(A) authorized by the Director to provide health care services; and ``(B) operating within the scope of such authorization; ``(4) the term `health care visit'-- ``(A) means a visit, as determined by the Director, by a prisoner to an institutional or noninstitutional health care provider; and ``(B) does not include a visit initiated by a prisoner-- ``(i) pursuant to a staff referral; or ``(ii) to obtain staff-approved follow-up treatment for a chronic condition; and ``(5) the term `prisoner' means-- ``(A) any individual who is incarcerated in an institution under the jurisdiction of the Bureau of Prisons; or ``(B) any other individual, as designated by the Director, who has been charged with or convicted of an offense against the United States. ``(b) Fees for Health Care Services.-- ``(1) In general.--The Director, in accordance with this section and with such regulations as the Director shall promulgate to carry out this section, may assess and collect a fee for health care services provided in connection with each health care visit requested by a prisoner. ``(2) Exclusion.--The Director may not assess or collect a fee under this section for preventative health care services, emergency services, prenatal care, diagnosis or treatment of chronic infectious diseases, mental health care, or substance abuse treatment, as determined by the Director. ``(c) Persons Subject to Fee.--Each fee assessed under this section shall be collected by the Director from the account of-- ``(1) the prisoner receiving health care services in connection with a health care visit described in subsection (b)(1); or ``(2) in the case of health care services provided in connection with a health care visit described in subsection (b)(1) that results from an injury inflicted on a prisoner by another prisoner, the prisoner who inflicted the injury, as determined by the Director. ``(d) Amount of Fee.--Any fee assessed and collected under this section shall be in an amount of not less than $1. ``(e) No Consent Required.--Notwithstanding any other provision of law, the consent of a prisoner shall not be required for the collection of a fee from the account of the prisoner under this section. However, each such prisoner shall be given a reasonable opportunity to dispute the amount of the fee or whether the prisoner qualifies under an exclusion under this section. ``(f) No Refusal of Treatment for Financial Reasons.--Nothing in this section may be construed to permit any refusal of treatment to a prisoner on the basis that-- ``(1) the account of the prisoner is insolvent; or ``(2) the prisoner is otherwise unable to pay a fee assessed under this section. ``(g) Use of Amounts.-- ``(1) Restitution of specific victims.--Amounts collected by the Director under this section from a prisoner subject to an order of restitution issued pursuant to section 3663 or 3663A shall be paid to victims in accordance with the order of restitution. ``(2) Allocation of other amounts.--Of amounts collected by the Director under this section from prisoners not subject to an order of restitution issued pursuant to section 3663 or 3663A-- ``(A) 75 percent shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601); and ``(B) 25 percent shall be available to the Attorney General for administrative expenses incurred in carrying out this section. ``(h) Notice to Prisoners of Law.--Each person who is or becomes a prisoner shall be provided with written and oral notices of the provisions of this section and the applicability of this section to the prisoner. Notwithstanding any other provision of this section, a fee under this section may not be assessed against, or collected from, such person-- ``(1) until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with such notices; and ``(2) for services provided before the expiration of such period. ``(i) Notice to Prisoners of Regulations.--The regulations promulgated by the Director under subsection (b)(1), and any amendments to those regulations, shall not take effect until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with written and oral notices of the provisions of those regulations (or amendments, as the case may be). A fee under this section may not be assessed against, or collected from, a prisoner pursuant to such regulations (or amendments, as the case may be) for services provided before the expiration of such period. ``(j) Notice Before Public Comment Period.--Before the beginning of any period a proposed regulation under this section is open to public comment, the Director shall provide written and oral notice of the provisions of that proposed regulation to groups that advocate on behalf of Federal prisoners and to each prisoner subject to such proposed regulation. ``(k) Reports to Congress.--Not later than 1 year after the date of the enactment of the Federal Prisoner Health Care Copayment Act of 2000, and annually thereafter, the Director shall transmit to Congress a report, which shall include-- ``(1) a description of the amounts collected under this section during the preceding 12-month period; ``(2) an analysis of the effects of the implementation of this section, if any, on the nature and extent of health care visits by prisoners; ``(3) an itemization of the cost of implementing and administering the program; ``(4) a description of current inmate health status indicators as compared to the year prior to enactment; and ``(5) a description of the quality of health care services provided to inmates during the preceding 12-month period, as compared with the quality of those services provided during the 12-month period ending on the date of the enactment of such Act.''. (b) Clerical Amendment.--The analysis for chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``4048. Fees for health care services for prisoners.''. SEC. 3. HEALTH CARE FEES FOR FEDERAL PRISONERS IN NON-FEDERAL INSTITUTIONS. Section 4013 of title 18, United States Code, is amended by adding at the end the following: ``(c) Health Care Fees for Federal Prisoners in Non-Federal Institutions.-- ``(1) In general.--Notwithstanding amounts paid under subsection (a)(3), a State or local government may assess and collect a reasonable fee from the trust fund account (or institutional equivalent) of a Federal prisoner for health care services, if-- ``(A) the prisoner is confined in a non-Federal institution pursuant to an agreement between the Federal Government and the State or local government; ``(B) the fee-- ``(i) is authorized under State law; and ``(ii) does not exceed the amount collected from State or local prisoners for the same services; and ``(C) the services-- ``(i) are provided within or outside of the institution by a person who is licensed or certified under State law to provide health care services and who is operating within the scope of such license; ``(ii) constitute a health care visit within the meaning of section 4048(a)(4) of this title; and ``(iii) are not preventative health care services, emergency services, prenatal care, diagnosis or treatment of chronic infectious diseases, mental health care, or substance abuse treatment. ``(2) No refusal of treatment for financial reasons.-- Nothing in this subsection may be construed to permit any refusal of treatment to a prisoner on the basis that-- ``(A) the account of the prisoner is insolvent; or ``(B) the prisoner is otherwise unable to pay a fee assessed under this subsection. ``(3) Notice to prisoners of law.--Each person who is or becomes a prisoner shall be provided with written and oral notices of the provisions of this subsection and the applicability of this subsection to the prisoner. Notwithstanding any other provision of this subsection, a fee under this section may not be assessed against, or collected from, such person-- ``(A) until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with such notices; and ``(B) for services provided before the expiration of such period. ``(4) Notice to prisoners of state or local implementation.--The implementation of this subsection by the State or local government, and any amendment to that implementation, shall not take effect until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with written and oral notices of the provisions of that implementation (or amendment, as the case may be). A fee under this subsection may not be assessed against, or collected from, a prisoner pursuant to such implementation (or amendments, as the case may be) for services provided before the expiration of such period. ``(5) Notice before public comment period.--Before the beginning of any period a proposed implementation under this subsection is open to public comment, written and oral notice of the provisions of that proposed implementation shall be provided to groups that advocate on behalf of Federal prisoners and to each prisoner subject to such proposed implementation.''. SEC. 4. COMPREHENSIVE HIV/AIDS SERVICES REQUIRED TO BE INCLUDED IN HEALTH CARE SERVICES FOR WHICH HEALTH CARE FEES MAY BE ASSESSED. Any health care services for which a person may be assessed a fee under section 4048 of title 18, United States Code (as added by section 2) or section 4013(c) of such title (as added by section 3) shall include comprehensive coverage for services relating to human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS).

Requires that each fee assessed be collected by the Director: (1) from the account of the prisoner receiving health care services; or (2) if such services are provided because of an injury inflicted by another prisoner, from the account of the prisoner who inflicted the injury. Sets a minimum fee of one dollar. Specifies that the prisoner's consent shall not be required for the collection of the fee (but each prisoner shall be given a reasonable opportunity to dispute the amount of the fee or whether the prisoner qualifies under an exclusion). Specifies that nothing herein may be construed to permit refusal of treatment to a prisoner on the basis that: (1) the prisoner's account is insolvent; or (2) the prisoner is otherwise unable to pay. Requires that sums collected under this Act: (1) be used for restitution of the victims where the prisoner is subject to a restitution order; and (2) be deposited in the Crime Victims Fund (75 percent) and be available to the Attorney General for administrative expenses incurred in carrying out this Act (25 percent) where the prisoner is not subject to such an order. Sets forth provisions regarding: (1) notice to prisoners regarding this Act's provisions and related regulations; (2) notice before a public comment period; and (3) reporting requirements by the Director, including an itemization of the cost of implementing and administering the program, a description of current inmate health status indicators as compared to the year prior to enactment, and a description of the quality of health care services provided during the 12-month period ending on this Act's enactment date. Directs the Bureau to provide comprehensive coverage for services relating to human immuno-deficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) to each Federal prisoner in the Bureau's custody when medically appropriate. Prohibits the Bureau from assessing or collecting a fee for providing such coverage. (Sec. 3) Amends the code to authorize a State or local government to assess and collect a reasonable fee from a Federal prisoner's trust fund account (or institutional equivalent) for health care services if the prisoner is confined in a non-Federal institution under specified circumstances. Sets forth provisions regarding notice to prisoners regarding this Act's provisions and regarding State or local implementation thereof. Requires that any State or local government assessing or collecting a fee under this section provide comprehensive coverage for services relating to HIV and AIDS to each Federal prisoner in the custody of such State or local government when medically appropriate. Prohibits the State or local government from assessing or collecting a fee for providing such coverage.

Federal Prisoner Health Care Copayment Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``National African American Museum Act''. SEC. 2. FINDINGS. (a) Findings.--The Congress finds that-- (1) the presentation and preservation of African American life, art, history, and culture within the National Park System and other Federal entities are inadequate; (2) the inadequate presentation and preservation of African American life, art, history, and culture seriously restrict the ability of the people of the United States, particularly African Americans, to understand themselves and their past; (3) African American life, art, history, and culture include the varied experiences of Africans in slavery and freedom and the continued struggles for full recognition of citizenship and treatment with human dignity; (4) in enacting Public Law 99-511, the Congress encouraged support for the establishment of a commemorative structure within the National Park System, or on other Federal lands, dedicated to the promotion of understanding, knowledge, opportunity, and equality for all people; (5) the establishment of a national museum and the conducting of interpretive and educational programs, dedicated to the heritage and culture of African Americans, will help to inspire and educate the people of the United States regarding the cultural legacy of African Americans and the contributions made by African Americans to the society of the United States; and (6) the Smithsonian Institution operates 15 museums and galleries, a zoological park, and 5 major research facilities, none of which is a national institution devoted solely to African American life, art, history, or culture. SEC. 3. ESTABLISHMENT OF THE NATIONAL AFRICAN AMERICAN MUSEUM. (a) Establishment.--There is established within the Smithsonian Institution a Museum, which shall be known as the ``National African American Museum''. (b) Purpose.--The purpose of the Museum is to provide-- (1) a center for scholarship relating to African American life, art, history, and culture; (2) a location for permanent and temporary exhibits documenting African American life, art, history, and culture; (3) a location for the collection and study of artifacts and documents relating to African American life, art, history, and culture; (4) a location for public education programs relating to African American life, art, history, and culture; and (5) a location for training of museum professionals and others in the arts, humanities, and sciences regarding museum practices related to African American life, art, history, and culture. SEC. 4. LOCATION AND CONSTRUCTION OF THE NATIONAL AFRICAN AMERICAN MUSEUM. The Board of Regents is authorized to plan, design, reconstruct, and renovate the Arts and Industries Building of the Smithsonian Institution to house the Museum. SEC. 5. BOARD OF TRUSTEES OF MUSEUM. (a) Establishment.--There is established in the Smithsonian Institution the Board of Trustees of the National African American Museum. (b) Composition and Appointment.--The Board of Trustees shall be composed of 23 members as follows: (1) The Secretary of the Smithsonian Institution. (2) An Assistant Secretary of the Smithsonian Institution, designated by the Board of Regents. (3) Twenty-one individuals of diverse disciplines and geographical residence who are committed to the advancement of knowledge of African American art, history, and culture appointed by the Board of Regents, of whom 9 members shall be from among individuals nominated by African American museums, historically black colleges and universities, and cultural or other organizations. (c) Terms.-- (1) In general.--Except as provided in paragraph (2), members of the Board of Trustees shall be appointed for terms of 3 years. Members of the Board of Trustees may be reappointed. (2) Staggered terms.--As designated by the Board of Regents at the time of initial appointments under paragraph (3) of subsection (b), the terms of 7 members shall expire at the end of 1 year, the terms of 7 members shall expire at the end of 2 years, and the terms of 7 members shall expire at the end of 3 years. (d) Vacancies.--A vacancy on the Board of Trustees shall not affect its powers and shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of the term. (e) Noncompensation.--Except as provided in subsection (f), members of the Board of Trustees shall serve without pay. (f) Expenses.--Members of the Board of Trustees shall receive per diem, travel, and transportation expenses for each day, including traveltime, during which they are engaged in the performance of the duties of the Board of Trustees in accordance with section 5703 of title 5, United States Code, with respect to employees serving intermittently in the Government service. (g) Chairperson.--The Board of Trustees shall elect a chairperson by a majority vote of the members of the Board of Trustees. (h) Meetings.--The Board of Trustees shall meet at the call of the chairperson or upon the written request of a majority of its members, but shall meet not less than 2 times each year. (i) Quorum.--A majority of the Board of Trustees shall constitute a quorum for purposes of conducting business, but a lesser number may receive information on behalf of the Board of Trustees. (j) Voluntary Services.--Notwithstanding section 1342 of title 31, United States Code, the chairperson of the Board of Trustees may accept for the Board of Trustees voluntary services provided by a member of the Board of Trustees. SEC. 6. DUTIES OF THE BOARD OF TRUSTEES OF THE MUSEUM. (a) In General.--The Board of Trustees shall-- (1) recommend annual budgets for the Museum; (2) consistent with the general policy established by the Board of Regents, have the sole authority to-- (A) loan, exchange, sell, or otherwise dispose of any part of the collections of the Museum, but only if the funds generated by such disposition are used for additions to the collections of the Museum or for additions to the endowment of the Museum; (B) subject to the availability of funds and the provisions of annual budgets of the Museum, purchase, accept, borrow, or otherwise acquire artifacts and other property for addition to the collections of the Museum; (C) establish policy with respect to the utilization of the collections of the Museum; and (D) establish policy regarding programming, education, exhibitions, and research, with respect to the life and culture of African Americans, the role of African Americans in the history of the United States, and the contributions of African Americans to society; (3) consistent with the general policy established by the Board of Regents, have authority to-- (A) provide for restoration, preservation, and maintenance of the collections of the Museum; (B) solicit funds for the Museum and determine the purposes to which those funds shall be used; (C) approve expenditures from the endowment of the Museum, or of income generated from the endowment, for any purpose of the Museum; and (D) consult with, advise, and support the Director in the operation of the Museum; (4) establish programs in cooperation with other African American museums, historically black colleges and universities, historical societies, educational institutions, cultural and other organizations for the education and promotion of understanding regarding African American life, art, history, and culture; (5) support the efforts of other African American museums, historically black colleges and universities, and cultural and other organizations to educate and promote understanding regarding African American life, art, history, and culture, including-- (A) development of cooperative programs and exhibitions; (B) identification, management, and care of collections; (C) participation in the training of museum professionals; and (D) creating opportunities for-- (i) research fellowships; and (ii) professional and student internships; (6) adopt bylaws to carry out the functions of the Board of Trustees; and (7) report annually to the Board of Regents on the acquisition, disposition, and display of African American objects and artifacts and on other appropriate matters. SEC. 7. DIRECTOR AND STAFF. (a) In General.--The Secretary of the Smithsonian Institution, in consultation with the Board of Trustees, shall appoint a Director who shall manage the Museum. (b) Applicability of Certain Civil Service Laws.--The Secretary of the Smithsonian Institution may-- (1) appoint the Director and 5 employees of the Museum, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and (2) fix the pay of the Director and such 5 employees, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. SEC. 8. DEFINITIONS. For purposes of this Act: (1) The term ``Board of Regents'' means the Board of Regents of the Smithsonian Institution. (2) The term ``Board of Trustees'' means the Board of Trustees of the National African American Museum established in section 5(a). (3) The term ``Museum'' means the National African American Museum established under section 3(a). (4) The term ``Arts and Industries Building'' means the building located on the Mall at 900 Jefferson Drive, S.W. in Washington, the District of Columbia. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. -T-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d -t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -t-o -c-a-r-r-y -o-u-t -t-h-i-s -A-c-t -$-5-,-0-0-0-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -e-a-c-h -o-f -t-h-e -s-u-c-c-e-e-d-i-n-g -f-i-s-c-a-l -y-e-a-r-s-. -A-m-o-u-n-t-s -a-p-p-r-o-p-r-i-a-t-e-d -p-u-r-s-u-a-n-t -t-o -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -b-e -a-v-a-i-l-a-b-l-e -o-n-l-y -f-o-r -c-o-s-t-s -d-i-r-e-c-t-l-y -r-e-l-a-t-i-n-g -t-o -t-h-e -e-s-t-a-b-l-i-s-h-m-e-n-t -a-n-d -o-p-e-r-a-t-i-o-n -o-f -t-h-e -M-u-s-e-u-m-. There are authorized to be appropriated such sums as may be necessary only for costs directly relating to the operation and maintenance of the Museum. Passed the House of Representatives June 29 (legislative day, June 28), 1993. Attest: DONNALD K. ANDERSON, Clerk.

National African American Museum Act - Establishes within the Smithsonian Institution the National African American Museum (the Museum) to be operated as a center for scholarship and a location for museum training, public education, exhibits, and collection and study of items and materials relating to the life, art, history, and culture of African Americans. Authorizes the Board of Regents of the Smithsonian Institution to plan, design, reconstruct, and renovate the Arts and Industries Building to house the Museum. Establishes a Board of Trustees of the Museum in the Smithsonian Institution. Sets forth various duties of the Board of Trustees, including: (1) establishing and supporting cooperative programs with other museums and institutions; and (2) reporting annually to the Board of Regents. Directs the Secretary of the Smithsonian Institution to appoint a Director to manage the Museum (as well as appointing five other Museum employees). Authorizes appropriations only for costs directly relating to the operation and maintenance of the Museum.

National African American Museum Act

SECTION 1. NONRECOGNITION OF GAIN ON QUALIFIED SALES OF TELECOMMUNICATIONS BUSINESSES. (a) In General.--Subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to gain or loss on disposition of property) is amended by inserting after part IV the following new part: ``PART V--CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES ``Sec. 1071. Nonrecognition of gain on certain sales of telecommunications businesses. ``SEC. 1071. NONRECOGNITION OF GAIN ON CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES. ``(a) In General.--In the case of any qualified telecommunications sale, at the election of the taxpayer, such sale shall be treated as an involuntary conversion of property within the meaning of section 1033. ``(b) Limitation on Amount of Gain on Which Tax May Be Deferred.-- The amount of gain on any qualified telecommunications sale which is not recognized by reason of this section shall not exceed $75,000,000. ``(c) Qualified Telecommunications Sale.--For purposes of this section, the term `qualified telecommunications sale' means any sale to a qualified business of-- ``(1) the assets of a telecommunications business, or ``(2) stock in a corporation if, immediately after such sale-- ``(A) the qualified business controls (within the meaning of section 368(c)) such corporation, and ``(B) substantially all of the assets of such corporation are assets of 1 or more telecommunications businesses, but only if such sale is certified by the Federal Communications Commission to be in furtherance of such Commission's policy of expanding ownership of telecommunications businesses. ``(d) Qualified Business.--For purposes of this section-- ``(1) In general.--The term `qualified business' means-- ``(A) in the case of a telecommunications sale which includes the sale of any interest in a broadcast station (as defined in section 3(5) of the Communications Act of 1934), any person if-- ``(i) such person owns, directly or indirectly, a qualified interest in 20 or fewer broadcast stations (as so defined), and ``(ii) the fair market value of the aggregate interests of such person in broadcast stations (as so defined) is equal to or greater than 50 percent of the net assets of such entity, and ``(B) in the case of any other telecommunications sale-- ``(i) any individual, and ``(ii) any partnership or corporation if-- ``(I) the net assets of such entity do not exceed $18,000,000, and ``(II) the average after-tax income of such entity for the preceding 2 taxable years does not exceed $6,000,000. ``(2) Qualified interest in broadcast stations.--An interest in a broadcast station shall be treated as qualified if such interest represents 50 percent or more of the total assets of the station. ``(3) Each business limited to 3 purchases.--A person shall not be a qualified business with respect to a qualified telecommunications sale if such person (or any predecessor) was the purchaser in more than 2 prior qualified telecommunications sales for which an election under this section was made by the seller. ``(4) Special rules for qualified business determination.-- For purposes of paragraph (1)-- ``(A) Net assets.--The term `net assets' means the excess of the aggregate gross assets (as defined in section 1202(d)(2)) of the entity over the indebtedness of such entity. ``(B) After-tax income.--The term `after-tax income' means taxable income reduced by the net income tax for the taxable year. For purposes of the preceding sentence, the term `net income tax' means the tax imposed by this chapter reduced by the sum of the credits allowable under part IV of subchapter A of this chapter. Rules similar to the rules of subparagraphs (A), (B), and (D) of section 448(c)(3) shall apply in determining average after-tax income. ``(5) Aggregation rules.--For purposes of this subsection, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person. ``(e) Telecommunications Business.--The term `telecommunications business' means any business providing communication services by wire, cable, radio, satellite, or other technology if the providing of such services is governed by the Communications Act of 1934 or the Telecommunications Act of 1996. ``(f) Special Rules.-- ``(1) In general.--In applying section 1033 for purposes of subsection (a) of this section, stock of a corporation operating a telecommunications business, whether or not representing control of such corporation, shall be treated as property similar or related in service or use to the property sold in the qualified telecommunications sale. ``(2) Election to reduce basis rather than recognize remainder of gain.--If-- ``(A) a taxpayer elects the treatment under subsection (a) with respect to any qualified telecommunications sale, and ``(B) an amount of gain would (but for this paragraph) be recognized on such sale other than by reason of subsection (b), then the amount of such gain shall not be recognized to the extent that the taxpayer elects to reduce the basis of depreciable property (as defined in section 1017(b)(3)) held by the taxpayer immediately after the sale or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. ``(3) Basis.--For basis of property acquired on a sale or exchange treated as an involuntary conversion under subsection (a), see section 1033(b). ``(g) Recapture of Tax Benefit if Telecommunications Business Resold Within 3 Years, Etc.-- ``(1) In general.--If, within 3 years after the date of any qualified telecommunications sale, there is a recapture event with respect to the property involved in such sale, then the purchaser's tax imposed by this chapter for the taxable year in which such event occurs shall be increased by 20 percent of the lesser of the consideration furnished by the purchaser in such sale or the dollar limitation of subsection (b). ``(2) Exception for reinvested amounts.--Paragraph (1) shall not apply to any recapture event which is a sale if-- ``(A) the sale is a qualified telecommunications sale, or ``(B) during the 60-day period beginning on the date of such sale, the taxpayer is the purchaser in another qualified telecommunications sale in which the consideration furnished by the taxpayer is not less than the amount realized on the recapture event sale. ``(3) Recapture event.--For purposes of this subsection, the term `recapture event' means, with respect to any qualified telecommunications sale-- ``(A) any sale or other disposition of the assets or stock referred to in subsection (c) which were acquired by the taxpayer in such sale, and ``(B) in the case of a qualified telecommunications sale described in subsection (c)(2)-- ``(i) , any sale or other disposition of a telecommunications business by the corporation referred to in such subsection, or ``(ii) any other transaction which results in the qualified business not having control (as defined in subsection (c)(2)(A)) of such corporation. Such term shall not include any sale or other disposition resulting from the default, or imminent default, of any indebtedness of the taxpayer.''. (b) Clerical Amendment.--The table of parts for subchapter O of chapter 1 of such Code is amended by inserting after the item relating to part IV the following new item: ``Part V. Certain Sales of Telecommunications Businesses''. (c) Effective Date.--The amendments made by this section shall apply to sales in taxable years beginning after the date of the enactment of this Act. SEC. 2. LOAN GUARANTEE PROGRAM TO ENCOURAGE DIVERSITY OF OWNERSHIP OF TELECOMMUNICATIONS BUSINESSES. (a) In General.--The Administrator of the Small Business Administration may guarantee any loan made to a qualified business for the purchase of assets or stock described in section 1071(c) of the Internal Revenue Code of 1986 (relating to qualified telecommunications sale) if the sale of such assets or stock is certified by the Federal Communications Commission to be in furtherance of such Commission's policy of expanding ownership of telecommunications businesses. (b) Limitations.-- (1) Security.--The Administrator shall not guarantee any loan under subsection (a) unless the guaranteed portion of such loan is secured by a first lien position or first mortgage on the stock or assets financed by the loan. (2) Guarantee percentage.--The amount of any loan guaranteed by the Administrator under subsection (a) shall not exceed 95 percent of the balance of the financing outstanding at the time of disbursement of the loan. (3) Fees.--With respect to each loan guaranteed under subsection (a) (other than a loan that is repayable in 1 year or less), the Administrator may collect a guarantee fee, which shall be payable by the participating lender, and may be charged to the borrower. (4) Forfeiture of fcc license.--The Administrator shall not guarantee any loan under subsection (a) unless such loan provides that any license issued by the Federal Communications Commission to the borrower shall by returned and forfeited by the borrower to the Federal Communications Commission immediately upon a finding by the Administrator that such borrower is in default under such loan. (c) General Authority.--For purposes of carrying out this section, the Administrator may-- (1) enter into contracts with private and Federal entities for professional and other services; (2) enter into memorandums of understanding with other Federal agencies; and (3) issue regulations, including regulations regarding-- (A) notice of and opportunity to cure a default; (B) procedures related to foreclosure; and (C) such other matters as the Administrator considers appropriate. (d) Definitions.--For purposes of this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Qualified business.--The term ``qualified business'' has the meaning given such term in section 1071(d) of the Internal Revenue Code of 1986. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.

Amends the Internal Revenue Code to treat as an involuntary conversion, and to not recognize gain of up to $75 million, qualified communications sales. Limits such sales to, among other limitations, businesses owning a qualified interest in 20 or fewer broadcast stations and with specified asset limitations. Authorizes Small Business Administration loan guarantees for such sales.

To amend the Internal Revenue Code of 1986 to provide tax incentives to encourage diversity of ownership of telecommunications businesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Workforce Reduction Through Attrition Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``total number of Federal employees'' means the total number of Federal employees in all agencies; (2) the term ``Federal employee'' means an employee as defined by section 2105 of title 5, United States Code; (3) the term ``agency'' means an executive agency as defined by section 105 of title 5, United States Code, excluding the Government Accountability Office; (4) the term ``quarter'' means a period of 3 calendar months ending on March 31, June 30, September 30, or December 31; and (5) the term ``baseline quarter'' means the quarter in which occurs the date of the enactment of this Act. SEC. 3. WORKFORCE LIMITS AND REDUCTIONS. (a) In General.--The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective with respect to each quarter beginning after the date of the enactment of this Act, the total number of Federal employees determined for such quarter does not exceed the applicable maximum for such quarter. (b) Applicable Maximum.--For purposes of this Act, the ``applicable maximum'' for a quarter is-- (1) in the case of a quarter before the target-attainment quarter, the number equal to-- (A) the total number of Federal employees determined for the baseline quarter, reduced by (B) \2/3\ of the number of Federal employees separating from agencies during the period-- (i) beginning on the first day following the baseline quarter; and (ii) ending on the last day of the quarter to which the applicable maximum is being applied; and (2) in the case of the target-attainment quarter and any subsequent quarter, the number equal to 90 percent of the total number of Federal employees as of September 30, 2012. (c) Target-Attainment Quarter.--For purposes of this Act, the term ``target-attainment quarter'' means the earlier of-- (1) the first quarter (subsequent to the baseline quarter) for which the total number of Federal employees does not exceed 90 percent of the total number of Federal employees as of September 30, 2012; or (2) the quarter ending on September 30, 2015. (d) Method for Achieving Compliance.-- (1) In general.--Except as provided in paragraph (2), any reductions necessary in order to achieve compliance with subsection (a) shall be made through attrition. (2) Exception.--If, for any quarter, the total number of Federal employees exceeds the applicable maximum for such quarter, then, until the first succeeding quarter for which such total number is determined not to exceed the applicable maximum for such succeeding quarter, reductions shall be made through both attrition and a freeze on appointments. (e) Counting Rules.--For purposes of this Act-- (1) any determination of the total number of Federal employees or the number of Federal employees separating from agencies shall be made-- (A) on a full-time equivalent basis; and (B) under section 4; and (2) any determination of the total number of Federal employees for a quarter shall be made as of such date or otherwise on such basis as the Office of Management of Budget (in consultation with the Office of Personnel Management) considers to be representative and feasible. (f) Waiver Authority.--The President may waive any of the preceding provisions of this section, with respect to an individual appointment, upon a determination by the President that such appointment is necessary due to-- (1) a state of war or for reasons of national security; or (2) an extraordinary emergency threatening life, health, safety, or property. (g) Limitation on Procurement of Service Contracts.--The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that there is no increase in the procurement of service contracts by reason of the enactment of this Act, except in cases in which a cost comparison demonstrates that such contracts would be to the financial advantage of the Government. SEC. 4. MONITORING AND NOTIFICATION. The Office of Management and Budget (in consultation with the Office of Personnel Management) shall-- (1) continuously monitor all agencies and, for each quarter to which the requirements of section 3(a) apply, determine whether or not such requirements have been met; and (2) not later than 14 days after the end of each quarter described in paragraph (1), submit to the President and each House of Congress, a written determination as to whether or not the requirements of section 3(a) have been met. SEC. 5. REGULATIONS. Any regulations necessary to carry out this Act may be prescribed by the President or his designee.

Federal Workforce Reduction Through Attrition Act - Requires the Office of Management and Budget (OMB) to ensure that the total number of federal employees in each calendar quarter after the enactment of this Act does not exceed the applicable maximum for such quarter, as determined under this Act. Sets forth a formula for determining the applicable maximum based upon 90% of the total number of federal employees as of September 30, 2012. Requires that compliance with such workforce limitation be made through attrition, or through both attrition and a freeze on appointments if the total number of federal employees exceeds the applicable maximum for a quarter. Allows the President to waive such workforce limitation with respect to any individual appointment if the President determines that such appointment is necessary due to: (1) a state of war or for reasons of national security; or (2) an extraordinary emergency threatening life, health, safety, or property. Requires OMB to continuously monitor all agencies to determine whether the workforce limitation required by this Act has been met.

Federal Workforce Reduction Through Attrition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Victim Restitution and Court Fee Intercept Act''. SEC. 2. OFFSET OF STATE JUDICIAL DEBTS AGAINST INCOME TAX REFUND. (a) In General.--Section 6402 of the Internal Revenue Code of 1986 (relating to authority to make credits or refunds) is amended by redesignating subsections (f) through (k) as subsections (g) through (l), respectively, and by inserting after subsection (e) the following: ``(f) Collection of Past-Due, Legally Enforceable State Judicial Debts.-- ``(1) In general.--Upon receiving notice from any State judicial branch or State agency designated by the chief justice of the State's highest court that a named person owes a past- due, legally enforceable State judicial debt to or in such State, the Secretary shall, under such conditions as may be prescribed by the Secretary-- ``(A) reduce the amount of any overpayment payable to such person by the amount of such State judicial debt; ``(B) pay the amount by which such overpayment is reduced under subparagraph (A) to such State judicial branch or State agency and notify such State judicial branch or State agency of such person's name, taxpayer identification number, address, and the amount collected; and ``(C) notify the person making such overpayment that the overpayment has been reduced by an amount necessary to satisfy a past-due, legally enforceable State judicial debt. If an offset is made pursuant to a joint return, the notice under subparagraph (B) shall include the names, taxpayer identification numbers, and addresses of each person filing such return. ``(2) Priorities for offset.--Any overpayment by a person shall be reduced pursuant to this subsection-- ``(A) after such overpayment is reduced pursuant to-- ``(i) subsection (a) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; ``(ii) subsection (c) with respect to past- due support; ``(iii) subsection (d) with respect to any past-due, legally enforceable debt owed to a Federal agency; and ``(iv) subsection (e) with respect to any past-due, legally enforceable State income tax obligations; and ``(B) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b). If the Secretary receives notice from 1 or more State agencies, or from 1 or more State agencies and the State judicial branch, of more than 1 debt subject to paragraph (1) that is owed by such person to such State agency or State judicial branch, any overpayment by such person shall be applied against such debts in the order in which such debts accrued. ``(3) Notice; consideration of evidence.--Rules similar to the rules of subsection (e)(4) shall apply with respect to debts under this subsection. ``(4) Past-due, legally enforceable state judicial debt.-- ``(A) In general.--For purposes of this subsection, the term `past-due, legally enforceable State judicial debt' means a debt-- ``(i) which resulted from a judgment or sentence rendered by any court or tribunal of competent jurisdiction which-- ``(I) handles criminal or traffic cases in the State; and ``(II) has determined an amount of State judicial debt to be due; and ``(ii) which resulted from a State judicial debt which has been assessed and is past-due but not collected. ``(B) State judicial debt.--For purposes of this paragraph, the term `State judicial debt' includes court costs, fees, fines, assessments, restitution to victims of crime, and other monies resulting from a judgment or sentence rendered by any court or tribunal of competent jurisdiction handling criminal or traffic cases in the State. ``(5) Regulations.--The Secretary shall issue regulations prescribing the time and manner in which State judicial branches and State agencies must submit notices of past-due, legally enforceable State judicial debts and the necessary information that must be contained in or accompany such notices. The regulations shall specify the types of State judicial monies and the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. The regulations may require State judicial branches and State agencies to pay a fee to reimburse the Secretary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. ``(6) Erroneous payment to state.--Any State judicial branch or State agency receiving notice from the Secretary that an erroneous payment has been made to such State judicial branch or State agency under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State judicial branch or State agency under such paragraph have been paid to such State judicial branch or State agency).''. (b) Disclosure of Return Information.--Section 6103(l)(10) of the Internal Revenue Code of 1986 (relating to disclosure of certain information to agencies requesting a reduction under subsection (c), (d), or (e) of section 6402) is amended by striking ``or (e)'' each place it appears in the text and heading and inserting ``(e), or (f)''. (c) Conforming Amendments.-- (1) Section 6402(a) of the Internal Revenue Code of 1986 is amended by striking ``and (e)'' and inserting ``(e), and (f)''. (2) Paragraph (2) of section 6402(d) of such Code is amended by striking ``subsection (e)'' and inserting ``subsections (e) and (f)''. (3) Paragraph (3)(B) of section 6402(e) of such Code is amended to read as follows: ``(B) before such overpayment is-- ``(i) reduced pursuant to subsection (f) with respect to past-due, legally enforceable State judicial debts, and ``(ii) credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b).''. (4) Section 6402(g) of such Code, as so redesignated, is amended by striking ``or (e)'' and inserting ``(e), or (f)''. (5) Section 6402(i) of such Code, as so redesignated, is amended by striking ``or (e)'' and inserting ``, (e), or (f)''. (d) Effective Date.--The amendments made by this Act shall apply to refunds payable for taxable years beginning after December 31, 2006.

Crime Victim Restitution and Court Fee Intercept Act - Amends the Internal Revenue Code to direct the Secretary of the Treasury, upon receiving notice from a state judicial agency that a named person owes a past-due, legally enforceable state judicial debt, to pay such debt from any tax refund due to such person.

To amend the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for State judicial debts that are past-due.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taking Account of Institutions with Low Operation Risk Act of 2017'' or the ``TAILOR Act of 2017''. SEC. 2. TAILORING REGULATION TO BUSINESS MODEL AND RISK. (a) Definitions.--In this section-- (1) the term ``Federal financial institutions regulatory agencies'' means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Bureau of Consumer Financial Protection; and (2) the term ``regulatory action''-- (A) means any proposed, interim, or final rule or regulation, guidance, or published interpretation; and (B) does not include any action taken by a Federal financial institutions regulatory agency that is solely applicable to an individual institution, including an enforcement action or order. (b) Consideration and Tailoring.--For any regulatory action occurring after the date of enactment of this Act, each Federal financial institutions regulatory agency shall-- (1) take into consideration the risk profile and business models of individual institutions and those of similar type that are subject to the regulatory action; and (2) tailor such regulatory action applicable to such institution, or type of institution, in a manner that limits the regulatory impact, including cost, human resource allocation and other burdens, on such institution or type of institution as is appropriate for the risk profile and business model involved. (c) Factors To Consider.--In carrying out the requirements of subsection (b) (and including consideration of the requirements of paragraph (1) of that subsection), each Federal financial institutions regulatory agency shall consider-- (1) whether it is necessary to apply such regulatory action to individual institutions or those of similar type in order to accomplish the underlying public policy objectives of the statutory provision involved; (2) the impact of such regulatory action on the ability of such institutions to flexibly serve their customers and local markets now and in the future; (3) the aggregate impact of all applicable regulatory actions on the ability of such institutions to flexibly serve such customers and local markets, both now and in the future; (4) the potential impact that efforts to implement the regulatory action, including through the use of examination manuals, third-party service provider actions, or other factors, may work to undercut efforts to tailor such regulatory action described in subsection (b)(2); and (5) the statutory provision authorizing the regulatory action, the congressional intent with respect to the statutory provision, and the policy objectives sought by the Federal financial regulatory agency in implementing that statutory provision. (d) Notice of Proposed and Final Rulemaking.--Each Federal financial institutions regulatory agency shall disclose and document in every notice of proposed rulemaking and in any final rulemaking for a regulatory action how the agency has applied subsections (b) and (c). (e) Reports to Congress.-- (1) Individual agency reports.--Not later than 1 year after the date of enactment of this Act and annually thereafter, each Federal financial institutions regulatory agency shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the specific actions taken to tailor the regulatory actions of the Federal financial institutions regulator agency pursuant to the requirements of this section. (2) FFIEC reports.--Not later than 3 months after each report is submitted under paragraph (1), the Federal Financial Institutions Examination Council shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on-- (A) the extent to which each Federal financial institutions regulatory agency differs in the treatment of similarly situated institutions of different charter type; and (B) an explanation for such differential treatment. (f) Limited Look-Back Application.-- (1) In general.--Each Federal financial institutions regulatory agency shall-- (A) conduct a review of all regulations issued in final form pursuant to statutes enacted during the period beginning on or after July 21, 2010, and ending on the date of the enactment of this Act; and (B) apply the requirements of this section to such regulations. (2) Revision.--Any regulation revised under paragraph (1) shall be revised not later than 3 years after the date of enactment of this Act.

Taking Account of Institutions with Low Operation Risk Act of 2017 or the TAILOR Act of 2017 This bill requires federal financial regulatory agencies to: (1) in general, tailor a regulatory action so as to limit the regulatory impact and other burdens on the institutions involved, with consideration of the risk profiles and business models of those institutions; and (2) report to Congress on specific actions taken to do so, as well as on other related issues. The bill's requirements apply not only to future regulatory actions but also to regulations adopted on or after July 21, 2010.

Taking Account of Institutions with Low Operation Risk Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dr. Martin Luther King, Jr., Commemorative Coin Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) Dr. Martin Luther King, Jr. dedicated his life to securing the Nation's fundamental principles of liberty and justice for all its citizens; (2) Dr. Martin Luther King, Jr. was the leading civil rights advocate of his time, spearheading the civil rights movement in the United States during the 1950's and 1960's; (3) Dr. Martin Luther King, Jr. was the keynote speaker at the August 28, 1963, March on Washington, the largest rally of the civil rights movement, during which, from the steps of the Lincoln Memorial and before a crowd of more than 200,000 people, he delivered his famous ``I Have A Dream'' speech, one of the classic orations in American history; (4) Dr. Martin Luther King, Jr. was a champion of nonviolence, fervently advocated nonviolent resistance as the strategy to end segregation and racial discrimination in America, and was awarded the 1964 Nobel Peace Prize in recognition of his efforts; (5) all Americans should commemorate the legacy of Dr. Martin Luther King, Jr. so ``that one day this Nation will rise up and live out the true meaning of its creed: `We hold these truths to be self-evident; that all men are created equal.'''; and (6) efforts are underway to secure the personal papers of Dr. Martin Luther King, Jr., for the Library of Congress so that they may be preserved and studied for generations to come. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act from all available sources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the human rights legacy and leadership of Dr. Martin Luther King, Jr. (2) Designation and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2003''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Librarian of Congress, the Commission of Fine Arts, and the estate of Dr. Martin Luther King, Jr.; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 15, 2004. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (c) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Surcharges.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. SEC. 8. DISTRIBUTION OF SURCHARGES. Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Library of Congress for the purposes of purchasing and maintaining historical documents and other materials associated with the life and legacy of Dr. Martin Luther King, Jr.

Dr. Martin Luther King, Jr., Commemorative Coin Act of 2003 - Instructs the Secretary of the Treasury to mint and issue $1 silver coins emblematic of the human rights legacy and leadership of Dr. Martin Luther King, Jr.Requires that: (1) all sales of such coins include a surcharge of $10 per coin; and (2) all surcharges from coin sales be promptly paid by the Secretary to the Library of Congress for purchasing and maintaining materials associated with the life and legacy of Dr. Martin Luther King, Jr.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the contributions of Dr. Martin Luther King, Jr., to the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Blue Alert Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Coordinator.--The term ``Coordinator'' means the Blue Alert Coordinator of the Department of Justice designated under section 4(a). (2) Blue alert.--The term ``Blue Alert'' means information relating to the serious injury or death of a law enforcement officer in the line of duty sent through the network. (3) Blue alert plan.--The term ``Blue Alert plan'' means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert. (4) Law enforcement officer.--The term ``law enforcement officer'' shall have the same meaning as in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(6)). (5) Network.--The term ``network'' means the Blue Alert communications network established by the Attorney General under section 3. (6) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 3. BLUE ALERT COMMUNICATIONS NETWORK. The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities. SEC. 4. BLUE ALERT COORDINATOR; GUIDELINES. (a) Coordination Within Department of Justice.--The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network. (b) Duties of the Coordinator.--The Coordinator shall-- (1) provide assistance to States and units of local government that are using Blue Alert plans; (2) establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including-- (A) a list of the resources necessary to establish a Blue Alert plan; (B) criteria for evaluating whether a situation warrants issuing a Blue Alert; (C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer; (D) guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if-- (i) the law enforcement agency involved-- (I) confirms-- (aa) the death or serious injury of the law enforcement officer; or (bb) the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or (II) concludes that the law enforcement officer is missing in the line of duty; (ii) there is an indication of serious injury to or death of the law enforcement officer; (iii) the suspect involved has not been apprehended; and (iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers; (E) guidelines-- (i) that information relating to a law enforcement officer who is seriously injured or killed in the line of duty should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, United States Code, and any relevant crime information repository of the State involved; (ii) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines; (iii) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and (iv) providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and (F) guidelines for-- (i) the issuance of Blue Alerts through the network; and (ii) the extent of the dissemination of alerts issued through the network; (3) develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating-- (A) the use of public safety communications; (B) command center operations; and (C) incident review, evaluation, debriefing, and public information procedures; (4) work with States to ensure appropriate regional coordination of various elements of the network; (5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include-- (A) to the maximum extent practicable, representation from the various geographic regions of the United States; and (B) members who are-- (i) representatives of a law enforcement organization representing rank-and-file officers; (ii) representatives of other law enforcement agencies and public safety communications; (iii) broadcasters, first responders, dispatchers, and radio station personnel; and (iv) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network; (6) act as the nationwide point of contact for-- (A) the development of the network; and (B) regional coordination of Blue Alerts through the network; and (7) determine-- (A) what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty; and (B) which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement. (c) Limitations.-- (1) Voluntary participation.--The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory. (2) Dissemination of information.--The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies. (3) Privacy and civil liberties protections.--The guidelines established under subsection (b) shall-- (A) provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and (B) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of the officers. (d) Cooperation With Other Agencies.--The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act. (e) Restrictions on Coordinator.--The Coordinator may not-- (1) perform any official travel for the sole purpose of carrying out the duties of the Coordinator; (2) lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or (3) host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds. (f) Reports.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed. Passed the House of Representatives May 15, 2012. Attest: KAREN L. HAAS, Clerk.

National Blue Alert Act of 2012 - Directs the Attorney General to: (1) establish a national Blue Alert communications network within the Department of Justice (DOJ) to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty, in coordination with federal, state, and local Blue Alert plans; and (2) assign an existing DOJ officer to act as the national coordinator of the Blue Alert communications network. Sets forth the duties of the national coordinator, including: (1) providing assistance to states and local governments that are using Blue Alert plans; (2) establishing voluntary guidelines for states and local governments to use in developing such plans; (3) developing protocols for efforts to apprehend suspects; (4) working with states to ensure appropriate regional coordination of various elements of the network; (5) establishing an advisory group to assist states, local governments, law enforcement agencies, and other entities in initiating, facilitating, and promoting Blue Alert plans; (6) acting as the nationwide point of contact for the development of the network and the regional coordination of Blue Alerts through the network; and (7) determining what procedures and practices are in use for notifying law enforcement and the public when a law enforcement officer is killed or seriously injured in the line of duty and which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement. Requires the guidelines to: (1) provide that appropriate information relating to a Blue Alert is disseminated to officials of law enforcement, public health, and other agencies; and (2) provide mechanisms that ensure that Blue Alerts comply with all applicable federal, state, and local privacy laws and regulations and include standards that specifically provide for the protection of the civil liberties of law enforcement officers and their families. Directs the coordinator to annually submit a report on the coordinator's activities and the effectiveness and status of the Blue Alert plans that are in effect or being developed.

To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999''. SEC. 2. LONG-TERM CARE INSURANCE. Subpart G of part III of title 5, United States Code, is amended by adding after chapter 89 the following: ``Chapter 90--Long-Term Care Insurance ``Sec. ``9001. Definitions. ``9002. Eligibility to obtain coverage. ``9003. Contracting authority. ``9004. Long-term care benefits. ``9005. Financing. ``9006. Regulations. ``Sec. 9001. Definitions ``For purposes of this chapter, the term-- ``(1) `activities of daily living' includes-- ``(A) eating; ``(B) toileting; ``(C) transferring; ``(D) bathing; ``(E) dressing; and ``(F) continence; ``(2) `annuitant' has the meaning such term would have under section 8901(3) if, for purposes of such paragraph, the term `employee' were considered to have the meaning under paragraph (7) of this section; ``(3) `appropriate Secretary' means-- ``(A) except as otherwise provided in this paragraph, the Secretary of Defense; ``(B) with respect to the United States Coast Guard when it is not operating as a service of the Navy, the Secretary of Transportation; ``(C) with respect to the commissioned corps of the National Oceanic and Atmospheric Administration, the Secretary of Commerce; ``(D) with respect to the commissioned corps of the Public Health Service, the Secretary of Health and Human Services; and ``(E) with respect to members of the Foreign Service, the Secretary of State; ``(4) `assisted living facility' has the meaning given such term under section 232 of the National Housing Act (12 U.S.C. 1715w); ``(5) `carrier' means a voluntary association, corporation, partnership, or other nongovernmental organization that is lawfully engaged in providing, paying for, or reimbursing the cost of, qualified long-term care services under group insurance policies or contracts, or similar group arrangements, in consideration of premiums or other periodic charges payable to the carrier; ``(6) `eligible individual' means-- ``(A) an employee who has completed 6 months of continuous service as an employee under other than a temporary appointment limited to 6 months or less; ``(B) an annuitant; ``(C) a member of the uniformed services on active duty for a period of more than 30 days or full-time National Guard duty (as defined under section 101(d)(5) of title 10) who satisfies such eligibility requirements as the Office prescribes under section 9006(c); ``(D) a member of the uniformed services entitled to retired or retainer pay (other than under chapter 1223 of title 10) who satisfies such eligibility requirements as the Office prescribes under section 9006(c); ``(E) a member of the Foreign Service who-- ``(i) is described under section 103(1), (2), (3), (4), or (5) of the Foreign Service Act of 1980 (22 U.S.C. 3903(1), (2), (3), (4), or (5); and ``(ii) satisfies such eligibility requirements as the Office prescribes under sanction 9006(c); ``(F) a member of the Foreign Service entitled to an annuity under the Foreign Service Retirement and Disability System or the Foreign Service Pension System who satisfies such eligibility requirements as the Office prescribes under section 9006(c); or ``(G) a qualified relative of a sponsoring individual; ``(7) `employee' means-- ``(A) an employee as defined under section 8901(1) (A) through (H); and ``(B) an individual described under section 2105(e); ``(8) `home and community care' has the meaning given such term under section 1929 of the Social Security Act (42 U.S.C. 1396t(a)); ``(9) `long-term care benefits plan' means a group insurance policy or contract, or similar group arrangement, provided by a carrier for the purpose of providing, paying for, or reimbursing expenses for qualified long-term care services; ``(10) `nursing home' has the meaning given such term under section 1908 of the Social Security Act (42 U.S.C. 1396g(e)(1)); ``(11) `Office' means the Office of Personnel Management; ``(12) `qualified long-term care services' has the meaning given such term under section 7702B of the Internal Revenue Code of 1986; ``(13) `qualified relative', as used with respect to a sponsoring individual, means-- ``(A) the spouse of such sponsoring individual; ``(B) a parent or parent-in-law of such sponsoring individual; and ``(C) any other person bearing a relationship to such sponsoring individual specified by the Office in regulations; and ``(14) `sponsoring individual' refers to an individual described under paragraph (6)(A), (B), (C), or (D). ``Sec. 9002. Eligibility to obtain coverage ``(a) Any eligible individual may obtain long-term care insurance coverage under this chapter for such individual. ``(b)(1) As a condition for obtaining long-term care insurance coverage under this chapter based on an individual's status as a qualified relative, certification from the applicant's sponsoring individual shall be required as to-- ``(A) such sponsoring individual's status, as described under section 9001(6)(A), (B), (C), or (D) (as applicable), as of the time of the qualified relative's application for coverage; and ``(B) the existence of the claimed relationship as of that time. ``(2) Any certification under paragraph (1) shall be submitted at such time and in such form and manner as the Office shall by regulation prescribe. ``(c) Nothing in this chapter shall be considered to require that long-term care insurance coverage be made available in the case of any individual who would be immediately benefit eligible. ``Sec. 9003. Contracting authority ``(a) Without regard to section 3709 of the Revised Statutes or other statute requiring competitive bidding, the Office may contract with qualified carriers to provide group long-term care insurance under this chapter, except that the Office may not have contracts in effect under this section with more than 3 qualified carriers. ``(b) To be considered a qualified carrier under this chapter, a company shall be licensed to issue group long-term care insurance in all the States and the District of Columbia. ``(c)(1) Each contract under this section shall contain a detailed statement of the benefits offered (including any maximums, limitations, exclusions, and other definitions of benefits), the rates charged (including any limitations or other conditions on any subsequent adjustment), and such other terms and conditions as may be mutually agreed to by the Office and the carrier involved, consistent with the requirements of this chapter. ``(2) The rates charged under any contract under this section shall reasonably reflect the cost of the benefits provided under such contract. ``(d) The benefits and coverage made available to individuals under any contract under this section shall be guaranteed to be renewable and may not be canceled by the carrier except for nonpayment of charges. ``(e) Each contract under this section shall require the carrier to agree to-- ``(1) pay or provide benefits in an individual case if the Office (or a duly designated third-party administrator) finds that the individual involved is entitled to such payment or benefit under the contract; and ``(2) participate in administrative procedures designed to bring about the expeditious resolution of disputes arising under such contract, including, in appropriate circumstances, 1 or more alternative means of dispute resolution. ``(f)(1)(A) Subject to subparagraph (B), each contract under this section shall be for a term of 5 years, but may be made automatically renewable from term to term in the absence of notice of termination by either party. ``(B) The rights and responsibilities of the enrolled individual, the insurer, and the Office (or duly designated third-party administrator) under any such contract shall continue until the termination of coverage of the enrolled individual. ``(2) Group long-term care insurance coverage obtained by an individual under this chapter shall terminate only upon the occurrence of-- ``(A) the death of the insured; ``(B) exhaustion of benefits, as determined under the contract; ``(C) insolvency of the insurer, as determined under the contract; or ``(D) any event justifying a cancellation under subsection (d). ``(3) Subject to paragraph (2), each contract under this section shall include such provisions as may be necessary to-- ``(A) effectively preserve all parties' rights and responsibilities under such contract notwithstanding the termination of such contract (whether due to nonrenewal under paragraph (1) or otherwise); and ``(B) ensure that, once an individual becomes duly enrolled, long-term care insurance coverage obtained by such individual under that enrollment shall not be terminated due to any change in status (as described under section 9001(6)), such as separation from Government service or the uniformed services, or ceasing to meet the requirements for being considered a qualified relative (whether due to divorce or otherwise). ``Sec. 9004. Long-term care benefits ``(a) Benefits under this chapter shall be provided under qualified long-term care insurance contracts, within the meaning of section 7702B of the Internal Revenue Code of 1986. ``(b) Each contract under section 9003, in addition to any matter otherwise required under this chapter, shall provide for-- ``(1) adequate consumer protections (including through establishment of sufficient reserves or reinsurance); ``(2) adequate protections in the event of carrier bankruptcy (or other similar event); ``(3) availability of benefits upon appropriate certification as to an individual's-- ``(A) inability (without substantial assistance from another individual) to perform at least 2 activities of daily living for a period of at least 90 days due to a loss of functional capacity; ``(B) having a level of disability similar (as determined under regulations prescribed by the Secretary of the Treasury in consultation with the Secretary of Health and Human Services) to the level of disability described in subparagraph (A); or ``(C) requiring substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment; ``(4) choice of cash or service benefits (such as the expense-incurred method or the indemnity method); ``(5) inflation protection (whether through simple or compounded adjustment of benefits); and ``(6) portability of benefits (consistent with section 9003 (d) and (f)). ``(c) To the maximum extent practicable, at least 1 of the policies being offered under this chapter shall, in addition to any matter otherwise required under this chapter, provide for-- ``(1) length-of-benefit options; ``(2) options relating to the provision of coverage in a variety of settings, including nursing homes, assisted living facilities, and home and community care; ``(3) options relating to elimination periods; ``(4) options relating to nonforfeiture benefits; and ``(5) availability of benefits upon appropriate certification of medical necessity (as defined by the Office in consultation with the Secretary of Health and Human Services) not satisfying the requirements of subsection (b)(3). ``(d)(1) The Office shall take all practicable measures to ensure that, at least 1 of the long-term care benefits plans available under this chapter shall be a Governmentwide long-term care benefits plan. ``(2) Neither subsection (c)(5) nor the exception under subsection (e) shall apply with respect to any Governmentwide plan under this subsection. ``(e) Nothing in this chapter shall be considered to permit or require the inclusion, in any contract, of provisions inconsistent with section 7702B of the Internal Revenue Code of 1986 or any other provision of such Code (except to the extent necessary to carry out subsection (c)(5)). ``(f) If a State (or the District of Columbia) imposes any requirement which is more stringent than the requirement imposed by subsection (b)(1), the requirement imposed by subsection (b)(1) shall be treated as met if the more stringent requirement of the State (or the District of Columbia) is met. ``Sec. 9005. Financing ``(a) Except as provided in subsection (b)(2), each individual having long-term care insurance coverage under this chapter shall be responsible for 100 percent of the charges for such coverage. ``(b)(1) The amount necessary to pay the charges for enrollment shall-- ``(A) in the case of an employee, be withheld from the pay of such employee; ``(B) in the case of an annuitant, be withheld from the annuity of such annuitant; ``(C) in the case of a member of the uniformed services described under section 9001(6)(C), be withheld from the basic pay of such member; and ``(D) in the case of a member of the uniformed services described in section 9001(6)(D), be withheld from the retired pay or retainer pay payable to such member. ``(2) Withholdings to pay the charges for enrollment of a qualified relative may, upon election of the sponsoring individual involved, be withheld under paragraph (1) in the same manner as if enrollment were for such sponsoring individual. ``(3) All amounts withheld under paragraph (1) or (2) shall be paid directly to the carrier. ``(c)(1) Any enrollee whose pay, annuity, or retired or retainer pay (as referred to in subsection (b)(1)) is insufficient to cover the withholding required for enrollment (or who is not receiving any regular amounts from the Government, as referred to in subsection (b)(1), from which any such withholdings may be made) shall pay an amount described under paragraph (2) (or, in the case of an enrollee not receiving any regular amounts, the full amount of those charges) directly to the carrier. ``(2) The amount referred to under paragraph (1) is the amount equal to the difference between the amount of withholding required for the enrollment and the amount actually withheld. ``(d) Each carrier participating under this chapter shall maintain all amounts received under this chapter separate from all other funds. ``(e) Contracts under this chapter shall include appropriate provisions under which each carrier shall reimburse the Office or other administering entity for the administrative costs incurred by the Office or such entity under this chapter (such as for dispute resolution) which are allocable to such carrier. ``Sec. 9006. Regulations ``(a) The Office shall prescribe regulations necessary to carry out this chapter. ``(b)(1) Subject to paragraph (2), the regulations of the Office shall prescribe the time at which and the manner and conditions under which an individual may obtain long-term care insurance under this chapter. ``(2) The regulations prescribed under this section shall provide for an open enrollment period at least once each year (similar to the open enrollment period provided under section 8905(f)). ``(c) Any regulations necessary to effect the application and operation of this chapter with respect to an eligible individual or a qualified relative of such individual shall be prescribed by the Office in consultation with the appropriate Secretary.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of enactment of this Act, except that no coverage may become effective before the first calendar year beginning after the expiration of the 18-month period beginning on the date of enactment of this Act.

Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999 - Amends Federal civil service provisions to establish a program to provide for long-term care insurance for certain Federal employees and annuitants, current and retired members of the uniformed services, qualified relatives of such individuals, certain members of the Foreign Service, and members of the Foreign Service entitled to an annuity under the Foreign Service Retirement and Disability System or the Foreign Service Pension System. Authorizes the Office of Personnel Management (OPM), without regard to statutes requiring competitive bidding, to contract with up to three qualified carriers to provide group long-term care insurance under this Act. Sets forth contract terms, including a requirement that coverage may not be canceled, except for nonpayment of charges. Provides for five-year, automatically renewable insurance contracts. Describes conditions under which coverage may be terminated. Sets forth required elements of contracts, including portability of benefits. Requires OPM to ensure that at least one of the benefits plans is a Government-wide plan. Makes insured individuals responsible for 100 percent of the charges of coverage and allows sponsoring individuals to have amounts withheld from pay for coverage for qualified relatives. Provides for an open enrollment period at least annually.

Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Frederick Douglass Bicentennial Commission Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Born into slavery on the Eastern Shore of Maryland in 1818 and given the name Frederick Augustus Washington Bailey after his mother Harriet Bailey, Frederick Douglass has been called the father of the civil rights movement. (2) Douglass rose through determination, brilliance, and eloquence to shape the American Nation. He was an abolitionist, human rights and women's rights activist, orator, author, journalist, publisher, and social reformer. (3) Taught basic reading skills by his mistress until she was forced to stop, Douglass continued to teach himself to read and write and taught other slaves to read despite risks including death. (4) During the course of his remarkable life Frederick Douglass escaped from slavery, became internationally renowned for his eloquence in the cause of liberty, and went on to serve the national government in several official capacities. (5) Forced to leave the country to avoid arrest as an escaped slave, he returned to become a staunch advocate of the Union cause and helped recruit African-American troops for the Union Army, including two of his sons, Charles and Lewis Douglass. His personal relationship with Abraham Lincoln helped persuade the President to make emancipation a cause of the Civil War. (6) With the abolition of slavery at the close of the Civil War, Douglass then turned his attention to the full integration of African-Americans into the political and economic life of the United States. Committed to freedom, Douglass dedicated his life to achieving justice for all Americans, in particular African-Americans, women, and minority groups. He envisioned America as an inclusive Nation strengthened by diversity and free of discrimination. (7) Douglass served as an advisor to Presidents. Abraham Lincoln referred to him as the most meritorious man of the nineteenth century. Douglass was appointed to several offices. He served as the United States Marshal of the District of Columbia under Rutherford B. Hayes' administration; President James Garfield appointed Douglass the District of Columbia Recorder of Deeds. In 1889, President Benjamin Harrison appointed Frederick Douglass to be the United States minister to Haiti. He was also appointed by President Grant to serve as Assistant Secretary of the Commission of Inquiry to Santo Domingo. (8) Douglass lived in the District of Columbia for 23 of his 57 years as a free man, and in recognition of his leadership and continuous fight for justice and freedom, his home, Cedar Hill, was established as a National Historic Site in Anacostia, in Southeast Washington, DC. (9) Frederick Douglass was deeply committed to obtaining equal congressional voting and self-government rights for District of Columbia residents and his statue in the United States Capitol is a gift from the almost 650,000 American citizens of the District of Columbia. (10) All Americans could benefit from studying the life of Frederick Douglass, for Douglass dedicated his own life to ensuring freedom and equality for future generations of Americans. This Nation should ensure that his tireless struggle, transformative words, and inclusive vision of humanity continue to inspire and sustain us. (11) The year 2018 marks the bicentennial anniversary of the birth of Frederick Douglass, and a commission should be established to study and recommend to Congress activities that are fitting and proper to celebrate that anniversary in a manner that appropriately honors Frederick Douglass. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the Frederick Douglass Bicentennial Commission (referred to in this Act as the ``Commission''). SEC. 4. DUTIES. The Commission shall have the following duties: (1) To study activities that may be carried out by the Federal Government to determine whether the activities are fitting and proper to honor Frederick Douglass on the occasion of the bicentennial anniversary of Douglass' birth, including-- (A) the issuance of a Frederick Douglass bicentennial postage stamp; (B) the convening of a joint meeting or joint session of Congress for ceremonies and activities relating to Frederick Douglass; (C) a rededication of the Frederick Douglass National Historic Site, or other activity with respect to the Site; and (D) the acquisition and preservation of artifacts associated with Frederick Douglass. (2) To recommend to Congress the activities that the Commission considers most fitting and proper to honor Frederick Douglass on such occasion, and the entity or entities in the Federal Government that the Commission considers most appropriate to carry out such activities. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 16 members appointed as follows: (1) Two members, each of whom shall be a qualified citizen described in subsection (b), appointed by the President. (2) One member, who shall be a qualified citizen described in subsection (b), appointed by the President on the recommendation of the Governor of Maryland. (3) One member, who shall be a qualified citizen described in subsection (b), appointed by the President on the recommendation of the Governor of Massachusetts. (4) One member, who shall be a qualified citizen described in subsection (b), appointed by the President on the recommendation of the Governor of New York. (5) One member, who shall be a qualified citizen described in subsection (b), appointed by the President on the recommendation of the Mayor of the District of Columbia. (6) Three members, at least one of whom shall be a Member of the House of Representatives, appointed by the Speaker of the House of Representatives. (7) Three members, at least one of whom shall be a Senator, appointed by the majority leader of the Senate. (8) Two members, at least one of whom shall be a Member of the House of Representatives, appointed by the minority leader of the House of Representatives. (9) Two members, at least one of whom shall be a Senator, appointed by the minority leader of the Senate. (b) Qualified Citizen.--A qualified citizen described in this subsection is a private citizen of the United States with-- (1) a demonstrated dedication to educating others about the importance of historical figures and events; and (2) substantial knowledge and appreciation of Frederick Douglass. (c) Time of Appointment.--Each initial appointment of a member of the Commission shall be made before the expiration of the 120-day period beginning on the date of the enactment of this Act. (d) Continuation of Membership.--If a member of the Commission was appointed to the Commission as a Member of Congress, and ceases to be a Member of Congress, that member may continue to serve on the Commission for not longer than the 30-day period beginning on the date that member ceases to be a Member of Congress. (e) Terms.--Each member shall be appointed for the life of the Commission. (f) Vacancies.--A vacancy in the Commission shall not affect the powers of the Commission but shall be filled in the manner in which the original appointment was made. (g) Basic Pay.--Members shall serve on the Commission without pay. (h) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (i) Quorum.--Six members of the Commission shall constitute a quorum but a lesser number may hold hearings. (j) Chair.--The Commission shall select a Chair from among the members of the Commission. (k) Meetings.--The Commission shall meet at the call of the Chair. Periodically, the Commission shall hold a meeting in Rochester, New York. SEC. 6. DIRECTOR AND STAFF. (a) Director.--The Commission may appoint and fix the pay of a Director and such additional personnel as the Commission considers to be appropriate. (b) Applicability of Certain Civil Service Laws.-- (1) Director.--The Director of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (2) Staff.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Donations.--The Commission may accept donations of supplies, money, and services to carry out its responsibilities. SEC. 7. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this Act. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this Act. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 8. REPORTS. (a) Interim Reports.--The Commission may submit to Congress such interim reports as the Commission considers to be appropriate. (b) Final Report.--The Commission shall submit a final report to Congress no later than December 1, 2017. The final report shall contain-- (1) a detailed statement of the findings and conclusions of the Commission; (2) the recommendations of the Commission; and (3) any other information that the Commission considers to be appropriate. SEC. 9. TERMINATION. The Commission shall terminate 120 days after submitting the final report of the Commission pursuant to section 8. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Frederick Douglass Bicentennial Commission Act This bill establishes the Frederick Douglass Bicentennial Commission to study activities that may be carried out by the federal government to honor Frederick Douglass on the bicentennial anniversary of his birth, including: (1) the issuance of a postage stamp, (2) the convening of a joint meeting or joint session of Congress for ceremonies and activities relating to Frederick Douglass, (3) a rededication of the Frederick Douglass National Historic Site, and (4) the acquisition and preservation of related artifacts. By December 1, 2017, the commission must recommend appropriate activities in a final report to Congress.

Frederick Douglass Bicentennial Commission Act

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Internet Gambling Regulation and Tax Enforcement Act of 2008''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment 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. LICENSE FEE ON INTERNET GAMBLING OPERATORS; LICENSEE INFORMATION REPORTING. (a) In General.--Chapter 36 (relating to certain other excise taxes) is amended by adding at the end the following new subchapter: ``Subchapter E--Internet Gambling Operators ``Sec. 4491. Imposition of Internet gambling license fee. ``SEC. 4491. IMPOSITION OF INTERNET GAMBLING LICENSE FEE. ``(a) In General.--Each Internet gambling operator licensed by the Director in accordance with subchapter V of chapter 53 of title 31, United States Code, shall be required to pay to the Director by the end of each month an Internet gambling license fee. ``(b) Internet Gambling License Fee.--For purposes of this section, the Internet gambling license fee is an amount equal to 2 percent of all funds deposited during the preceding month with or on behalf of such Internet gambling operator into an account that can be used for the purpose of placing a bet or wager. Deposits made by or on behalf of any such operator of Internet gambling winnings shall not be treated as a deposit for purposes of this section. ``(c) Disposition.--Amounts paid to the Director as Internet gambling license fees under this section shall be deposited in the general fund of the Treasury and treated as revenue. ``(d) Direct and Exclusive Obligation of Licensee.--The Internet gambling license fee shall be the direct and exclusive obligation of the Internet gambling operator and may not be deducted from the amounts available as deposits to the person placing a bet. ``(e) Director.--For purposes of this subchapter, the term `Director' shall have the meaning given such term by section 5382 of chapter 53 of title 31, United States Code. ``(f) Administrative Provisions.--To the extent the Secretary shall by regulations prescribe, the Internet gambling license fee shall be treated as an excise tax for purposes of the administrative provisions of this title applicable to excise taxes imposed by chapter 35.''. (b) Information Returns.--Subpart A of part III of subchapter A of chapter 61 (relating to information concerning persons subject to special provisions) is amended by adding at the end the following new section: ``SEC. 6039J. RETURNS OF INTERNET GAMBLING OPERATORS. ``(a) Requirement.--Every person who is an Internet gambling operator subject to section 4491 during a taxable year shall furnish, at such time and in such manner as the Secretary shall by regulations prescribe, the information described in subsection (b), and such person shall maintain (in the location, in the manner, and to the extent prescribed in regulations) such records as may be appropriate to the information described in subsection (b). ``(b) Required Information.--For purposes of subsection (a), the information described in this subsection is such information as the Secretary may prescribe by regulations relating to-- ``(1) the Internet gambling operator's name, address, and tax information number, ``(2) the name, address, and tax information number of each person placing a wager with the Internet gambling operator during the calendar year, ``(3) the gross winnings, gross wagers, and gross losses of each such person during the year, ``(4) the amount of tax withheld with respect to each such person, ``(5) beginning and end-of-year account balances for each such person, and ``(6) amounts deposited and withdrawn by each such person during the calendar year. ``(c) Statement To Be Furnished to Persons With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing-- ``(1) the name, address, and phone number of the information contact of the person required to make such return, and ``(2) the information required to be shown on such return with respect to such person. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.''. (c) Clerical Amendments.-- (1) The table of subchapters for chapter 36 is amended by adding at the end the following new item: ``subchapter e. internet gambling operators.''. (2) The table of sections for subpart A of part III of subchapter A of chapter 61 is amended by inserting after the item relating to section 6039I the following new item: ``Sec. 6039J. Returns of Internet gambling operators.''. (d) Effective Date.--The amendments made by this section shall apply to wagers made after December 31, 2008. SEC. 3. WITHHOLDING FROM CERTAIN GAMBLING WINNINGS. (a) Net Internet Gambling Winnings.--Paragraph (3) of section 3402(q) (relating to extension of withholding to certain gambling winnings) is amended by adding at the end thereof the following new subparagraph: ``(D) Net internet gambling winnings.--Proceeds of net Internet gambling winnings of more than $5,000 in any one calendar year.''. (b) No Exemption for Certain Winnings.--Paragraph (5) of section 3402(q) is amended by inserting ``(other than winnings described in paragraph (3)(D)'' after ``winnings''. (c) Definitions.--Subsection (q) of section 3402 is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Proceeds of net internet gambling winnings.--For purposes of this subsection-- ``(A) In general.--The term `proceeds of net Internet gambling winnings' means amounts of net Internet gambling winnings withdrawn from an account established for the purpose of Internet gambling. ``(B) Net internet gambling winnings.--The term `net Internet gambling winnings' means gross winnings from a wager placed over the Internet with a person required to be licensed under section 5382 of chapter 53 of title 31, United States Code, less the amount wagered. ``(C) Internet; wager.--The terms `Internet' and `wager' shall have the respective meanings given such terms by section 5382 of chapter 53 of title 31, United States Code.''. (d) Backup Withholding.--Section 3406 (relating to backup withholding) is amended by redesignating subsection (i) as subsection (j) and by adding the following new subsection: ``(i) For purposes of this section, net Internet gambling winnings shall be treated as other reportable payments, an Internet gambling operator shall be treated as payor, and the person placing a wager with an Internet gambling operator shall be treated as payee. For purposes of the preceding sentence, terms used in such sentence which are also used in section 3402(q)(7) shall have the meanings given such terms by such section.''. (e) Effective Date.--The amendment made by this section shall apply to wagers placed with a licensee after December 31, 2008. SEC. 4. WITHHOLDING OF TAX ON NONRESIDENT ALIENS. (a) Tax on Nonresident Alien Individuals.--Subparagraph (A) of section 871(a)(1) (relating to income not connected with United States business--30 percent tax) is amended-- (1) by striking ``and other fixed'' and inserting ``, other fixed'', and (2) by adding ``and net Internet gambling income,'' at the end. (b) Exemption for Certain Gambling Winnings.--Section 871(j) (relating to exemption for certain gambling winnings) is amended by inserting before the period at the end the following: ``or to any wagers placed over the Internet (as such terms are defined in section 3402(q)(7))''. (c) Withholding of Tax on Nonresident Alien Individuals.--The first sentence of subsection (b) of section 1441 (relating to withholding of tax on nonresident aliens) is amended-- (1) by striking ``and gains on transfers'' and inserting ``gains on transfers'', and (2) by inserting before the period at the end the following: ``, and proceeds of net Internet gambling winnings (as defined in section 3402(q)(7)) of more than $5,000 in any one calendar year''. (d) Effective Date.--The amendments made by this section shall apply to wagers placed with a licensee after December 31, 2008. SEC. 5. TAX ON WAGERS. (a) Persons Liable for Tax.--Subsection (c) of section 4401 (relating to persons liable for tax on wagers) is amended by adding at the end thereof the following sentence: ``Any person placing a wager with a person who is required to obtain a license within the meaning of section 4491 but who has failed to obtain such license shall be liable for and pay the tax under this subchapter on all such wagers.''. (b) Territorial Extent.--Paragraph (2) of section 4404 is amended to read as follows: ``(2) placed within the United States or any Commonwealth, territory, or possession thereof by a United States citizen or resident.''. (c) Effective Date.--The amendments made by this section shall apply to wagers made after December 31, 2008.

Internet Gambling Regulation and Tax Enforcement Act of 2008 - Amends the Internal Revenue Code to: (1) impose an Internet gambling license fee on Internet gambling operators; (2) require such operators to file informational returns identifying themselves and the individuals placing wagers with them; (3) require withholding of tax on annual Internet gambling winnings of more than $5,000; (4) impose a 30% tax on the Internet gambling winnings of nonresident aliens; and (5) impose the excise tax on wagers on any individual who places a wager with an unlicensed Internet gambling operator.

To amend the Internal Revenue Code of 1986 to regulate and tax Internet gambling.

SECTION 1. FINDINGS. The Congress finds the following: (1) The National Park Service administers Federal parks, monuments, and reservations, to conserve the scenery, the natural and historic objects, and wildlife therein, and provides for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. (2) It is the function of the Federal Aviation Administration to manage the safe and efficient use of the navigable airspace of the United States, as provided for in section 40103 of title 49, United States Code. (3) The National Park Service lands in the State of Hawaii, consisting of Kaloko-Honokohau National Historical Park, Kalaupapa National Historical Park, Pu'u honua o Honaunau National Historical Park, Pu'u Kohola Heiau National Historic Site, Haleakala National Park, and Hawaii Volcanoes National Park, are managed for the purposes of wilderness preservation, protecting natural, cultural, historical, and wildlife resources, and for promotion of the public enjoyment and use of these resources. (4) Haleakala and Hawaii Volcanoes National Parks are designated by the United Nations as International Biosphere Reserves because of their internationally significant scenery and plant and animal communities, and furthermore that Hawaii Volcanoes National Park is designated by the United Nations as a World Heritage Site because of the significance of Mauna Loa and Kilauea Volcanoes. (5) In recognition of the values for which National Park Service lands are managed, an above ground level (AGL) minimum altitude of 1,500 feet should be established for aircraft flying in airspace over certain lands administered by the National Park Service. (6) The auditory and visual intrusion of aircraft flying at low altitudes is the source of public complaint in certain areas administered by the National Park Service. (7) Aircraft flying at low altitudes may pose a potential hazard to wildlife in certain areas administered by the National Park Service. (8) Aircraft flying at low altitudes over large concentrations of migratory birds may pose a potential safety hazard to pilots and passengers in certain areas administered by the National Park Service. (9) The Federal Aviation Administration and National Park Service should act in cooperation to reduce the incidence of low-flying aircraft, including fixed-wing aircraft, helicopters, ultralight vehicles, balloons, and gliders over National Park Service administered land by complying with the 1,500 feet AGL minimum altitude requirement, to avoid flying over areas which the National Park Service designates as noise- sensitive, and to respect standoff distances away from areas which the National Park Service designates as primary visitor use areas. SEC. 2. NATIONAL PARK SERVICE RESPONSIBILITIES. The Director of the National Park Service shall be responsible for the following: (1) Identification of specific areas.--Identifying specific areas where low-flying aircraft may constitute an adverse impact on resources and conveying specific information, including annotated maps, which indicate designated flight-free areas and primary visitor use areas, to the Federal Aviation Administration for appropriate action as described in section 3. (2) Low-flying reporting system.--Developing and implementing a standardized reporting system acceptable to the Federal Aviation Administration to document instances of low- flying aircraft over National Park Service administered lands. This reporting system shall provide for transmittal of such documentation in a timely manner to the Honolulu Federal Aviation Administration Flight Standards district office. (3) Training.--Developing training programs and instructional materials for National Park Service personnel to enable them to recognize and report instances of low-flying aircraft in a competent and professional manner. The appropriate training programs of the National Park Service shall expand to incorporate the subject matter into in-service training requirements. The Director of the National Park Service shall seek the assistance of the Federal Aviation Administration to help develop training curricula. (4) Quarterly meeting.--Making personnel available from the National Park Service to meet quarterly with the Federal Aviation Administration and affected pilots to discuss resources management objectives and issues associated with low- flying aircraft. SEC. 3. FEDERAL AVIATION ADMINISTRATION RESPONSIBILITIES. The Administrator of the Federal Aviation Administration shall be responsible for the following: (1) Communication with pilots.--Communicating to pilots the concerns and objectives of the National Park Service about low- flying aircraft in specified areas, using advisories, bulletins, the Federal Aviation Administration publication, The Federal Aviation News, the ongoing ``Accident Prevention Program'' for routine pilots' contact, and other means of communications with pilots, impressing upon pilots that pilot participation is strongly encouraged to ensure protection of resources and the enjoyment of natural areas by the public. (2) Investigations.--Investigating instances of pilot deviations from the Federal Aviation Administration requested minimum altitude over areas, and National Park Service- designated flight-free and primary visitor use areas in lands administered by the National Park Service, and taking action to discourage deviations with the objectives of reducing or eliminating such incidents in these areas. (3) Military aircraft.--Assisting the National Park Service in communicating with the various agencies of the Department of Defense with regard to military aircraft operations over National Park Service administered areas. (4) Availability of status and results of investigations.-- Making available to the National Park Service, at the Federal Aviation Administration Flight Standards district office, the status and results of the Federal Aviation Administration's investigation of instances reported by the National Park Service. (5) Support of aviation groups.--Enlisting the support of all aviation groups and organizations by requesting they disseminate information about problems associated with aircraft operating at low altitudes over areas administered by the National Park Service. (6) Meetings with national park service.--Assisting the National Park Service in combating problems associated with low-flying aircraft by participating in appropriate meetings at field and regional levels. SEC. 4. FLIGHT RESTRICTION DESIGNATIONS. (a) Prohibition on Aircraft Operations Over Noise Sensitive Areas.--It shall be unlawful to operate an aircraft over the following locations: (1) Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola Heiau, and Kalaupapa National Historical Parks and any area that is within a 2-mile radius of one of the Parks. (2) The Crater District and Kipahulu Valley in Haleakala National Park (including adjacent rain forest areas within the Park) and any area that is within a 2-mile radius of the Sliding Sands trailhead in the Park. (3) The designated wilderness areas consisting of Mauna Loa, Ola's Forest, East Rift, and Kau Desert, the summit of Kilauea, and the coastal area between Ka'aha and Kamoamoa in Hawaii Volcanoes National Park and any area that is within a 2- mile radius of the Kilauea summit, the Chain of Craters corridor, or the Kamoamoa village sites in the Park. (b) Minimum Altitude Restriction.-- (1) In general.--It shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude of less than 1,500 feet over the surface of any National Park System lands in the State of Hawaii not subject to subsection (a). (2) Surface defined.--In this subsection, the term ``surface'' refers to the highest terrain within such lands which is within 1,500 feet laterally of the route of flight. (c) Enforcement.--For purposes of enforcement, the prohibitions under subsections (a) and (b) shall be treated as a requirement established pursuant to section 40103 of title 49, United States Code. (d) Exceptions.--The Administrator of the Federal Aviation Administration may provide exceptions from the prohibitions under subsections (a) and (b) in an emergency and as otherwise required for safety of flight. (e) Notice to Pilots.--To provide information to pilots regarding the restrictions established under subsections (a) and (b), the Administrator shall provide public notice of such restrictions in appropriate publications of the Federal Aviation Administration as soon as practicable after the date of the enactment of this Act. SEC. 5. FEDERAL AVIATION ADMINISTRATION AND NATIONAL PARK SERVICE JOINT RESPONSIBILITY. The Administrator of the Federal Aviation Administration and the Director of the National Park Service shall jointly be responsible for the following: (1) Additional assessments.--Assessing situations in addition to those specified in section 4 where impacts of aircraft operations upon human, cultural, or natural resources are sufficiently serious to warrant consideration of site- specific action by the Federal Aviation Administration to minimize or eliminate the causes of such problems. (2) Informational materials and scientific studies.-- Preparing public informational materials, including printed matter and audio-visual programs, for communication to pilots using existing Federal Aviation Administration pilot-contact meetings and programs, aviation periodicals, and other means of generating pilot understanding of National Park Service resources management objectives. Where appropriate, the Federal Aviation Administration and the National Park Service will share information on techniques of conducting scientific studies and data collection to facilitate understanding of the impact of aircraft operations on affected resources. (3) Procedures.--Working together to define procedures for use at national headquarters and field office levels to address overflight issues over public land areas. SEC. 6. APPLICABILITY OF CERTAIN REGULATIONS TO CERTAIN SIGHTSEEING FLIGHTS. Parts 91 and 135 of title 14, Code of Federal Regulations, relating to general operating and flight rules and to air taxi operators and commercial operators, respectively, shall apply to nonstop sightseeing flights that begin and end at the same airport and are conducted within a 25 statute mile radius of the airport.

Requires the Director of the National Park Service (NPS) to identify areas over National Park Service lands in Hawaii where low-flying aircraft may constitute an adverse impact on resources and convey specific information, including annotated maps, which indicates designated flight-free areas and primary visitor use areas, to the Federal Aviation Administration (FAA).

To provide for the regulation of the airspace over National Park System lands in the State of Hawaii by the Federal Aviation Administration and the National Park Service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Pyramid Promotional Scheme Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) Pyramid promotional schemes, chain letters, and related schemes are enterprises-- (A) that finance returns to participants through sums taken from newly attracted participants; (B) in which new participants are promised large returns for their investments; and (C) involve unfair and deceptive sales tactics, and lead to the victimization of unwitting individuals. (2) Pyramid promotional schemes, chain letters, and related schemes constitute a threat in interstate commerce and to the financial well-being of the citizens of the United States. (3) The advent of the global Internet makes pyramid promotional schemes international threats. (4) The Ninth Circuit Court of Appeals erred in defining a pyramid promotional scheme in Webster v. Omnitrition Int'l, Inc. (79 F.3d 776; 9th Cir. 1996). SEC. 3. DEFINITIONS. In this Act: (1) Appropriate inventory repurchase program.--The term ``appropriate inventory repurchase program'' means a program by which a plan or operation repurchases, upon request at the termination of a participant's business relationship with the plan or operation and based upon commercially reasonable terms, current and marketable inventory purchased and maintained by the participant for resale, use, or consumption, and such plan or operation clearly describes the program in its recruiting literature, sales manual, or contracts with participants, including the manner in which the repurchase is exercised, and disclosure of any inventory that is not eligible for repurchase under the program. (2) Commercially reasonable terms.--The term ``commercially reasonable terms'' means the repurchase of current and marketable inventory within 12 months from date of purchase at not less than 90 percent of the original net cost to the participant, less appropriate set-offs and legal claims,if any. In the case of service products, the repurchase of such service products must be on a pro rata basis (unless clearly disclosed otherwise to the participant) to be within the meaning of ``commercially reasonable terms''. (3) Compensation.--The term ``compensation'' means a payment of any money, thing of value, or financial benefit. (4) Consideration.--The term ``consideration'' means the payment of cash or the purchase of goods, services, or intangible property, and does not include-- (A) the purchase of goods or services furnished at cost to be used in making sales and not for resale; or (B) time and effort spent in pursuit of sales or recruiting activities. (5) Current and marketable.-- (A) The term ``current and marketable'' includes inventory that-- (i) in the case of consumable or durable goods, is unopened, unused, and within its commercially reasonable use or shelf-life period; and (ii) in the case of services and intangible property, including Internet sites, represents the unexpired portion of any contract or agreement. (B) The term ``current and marketable'' does not include inventory that has been clearly described to the participant prior to purchase as seasonal, discontinued, or special promotion products not subject to the plan or operation's inventory repurchase program. (6) Inventory.--The term ``inventory'' includes both goods and services, including company-produced promotional materials, sales aids, and sales kits that the plan or operation requires independent salespersons to purchase. (7) Inventory loading.--The term ``inventory loading'' means that the plan or operation requires or encourages its independent salespersons to purchase inventory in an amount that unreasonably exceeds that which the salesperson can expect to resell for ultimate consumption, or to use or consume, in a reasonable time period. (8) Participant.--The term ``participant'' means a person who joins a plan or operation. (9) Person.--The term ``person'' means an individual, a corporation, a partnership, or any association or unincorporated organization. (10) Promote.--The term ``promote'' means to contrive, prepare, establish, plan, operate, advertise, or to otherwise induce or attempt to induce another person to be a participant. (11) Pyramid promotional scheme.--The term ``pyramid promotional scheme'' means any plan or operation in which a participant gives consideration for the right to receive compensation that is derived primarily from the recruitment of other persons as participants in the plan or operation, rather than from the sales of goods, services, or intangible property to participants or by participants to others. SEC. 4. RULES TO PROHIBIT OPERATING PYRAMID PROMOTIONAL SCHEME. (a) In General.-- Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate a rule under section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57a(a)) providing that it shall be an unfair or deceptive act or practice under section 5 of such Act (15 U.S.C. 45) for any person, by the use of any means or instrumentality of transportation or communication in interstate or foreign commerce, to promote, offer, sell, or attempt to sell a participation or the right to participate in a pyramid promotional scheme. (b) Limitation.--Nothing in this Act or in the rule to be promulgated pursuant to this section shall be construed to prohibit a plan or operation, or to define such plan or operation as a ``pyramid promotional scheme'', based upon the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale, and the plan or operation does not promote inventory loading and implements an appropriate inventory repurchase program. SEC. 5. STATE ENFORCEMENT. (a) Actions Under State Law.--Nothing in this Act or the Federal Trade Commission Act prohibits an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (b) Actions Under Federal Law.--The attorney general of any State or territory of the United States may, upon finding any person is engaged or is about to engage in any act or practice that constitutes a pyramid promotional scheme in violation of the rule promulgated under section 4, bring an action in the appropriate district court of the United States to enjoin such act or practice and to obtain other appropriate relief. The attorney general of a State or territory of the United States may seek such relief on behalf of residents of such State or territory, and an authorized Federal official may seek such relief on behalf of residents of all such States and territories. Such court may grant a temporary restraining order, or a preliminary or permanent injunction, or other appropriate relief. SEC. 6. NO LIMITATION ON OTHER FEDERAL CLAIMS. Nothing in this Act or the rule promulgated under it shall limit the authority of any Federal official from proceeding against pyramid promotional schemes for other violations of Federal law.

Anti-Pyramid Promotional Scheme Act of 2003 - Directs the Federal Trade Commission to promulgate a rule declaring that it is an unfair or deceptive act or practice for any person to use any means or instrumentality of transportation or communication in interstate or foreign commerce in order to promote, offer, sell, or attempt to sell a participation or the right to participate in a pyramid promotional scheme.Provides for Federal and State enforcement.

To prohibit pyramid promotional schemes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Servicemember and Citizen Protection Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) In December 1997, the General Assembly of the United Nations called for the convening of a diplomatic conference in Rome, Italy, from June 15 through July 17, 1998, to adopt a Convention on the Establishment of an International Criminal Court. (2) Pursuant to this call, the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court convened in Rome, Italy, and on July 17, 1998, proposed the Statute of the International Criminal Court for ``ratification, acceptance, or approval'' by the member states of the United Nations. (3) According to article 127 of the Statute of the International Criminal Court, the Statute of the International Criminal Court shall take effect upon the ``ratification, acceptance, or approval'' of 60 member states. (4) As of April 1, 2002, 57 member states have ratified, accepted, or approved the Statute of the International Criminal Court. (5) According to articles 12 and 25 of the Statute of the International Criminal Court, the jurisdiction of the International Criminal Court shall extend to individual United States citizens even if the United States does not ``ratify, accept, or approve'' the Statute of the International Criminal Court. (6) As of April 1, 2002, the United States Senate has not ratified the Statute of the International Criminal Court, and although a designee of former President William J. Clinton has signed that statute on behalf of the United States, President George W. Bush has indicated that he will not submit the Statute of the International Criminal Court to the United States Senate, as provided for in article II, section 2 of the Constitution of the United States. (7) According to article VI of the Constitution of the United States, the Statute of the International Criminal Court, bearing only the signature of a person authorized by the President of the United States, cannot be the supreme law of the land because the statute, since it has not been ratified by the United States Senate pursuant to article II, section 2 of the Constitution, has not been ``made under the authority of the United States''. (8) According to the 1969 Vienna Convention on the Law of Treaties, no nation may be bound by a treaty to which that nation has not consented; therefore the United States, which has not consented to the Statute of the International Criminal Court in the manner prescribed by the Constitution of the United States, cannot be bound by the Statute of the International Criminal Court even if 60 countries ratify, accept, or approve it. (9) The Statute of the International Criminal Court is an ultra vires act, wholly unauthorized by the Charter of the United Nations, since it was enacted by a Conference of Diplomats convened by the United Nations General Assembly in contravention of the powers of the United Nations Security Council which, under the Charter of the United Nations, alone has primary responsibility for the maintenance of international peace and security. (10) The Statute of the International Criminal Court also contravenes the principle of government only by the consent of the governed that is enshrined in the American national charter, the Declaration of Independence, because the International Criminal Court claims jurisdiction over citizens of the United States without their consent or without the consent of the United States Government. (11) The Statute of the International Criminal Court also contravenes the principles of separation of powers, federalism, and trial by jury that are guaranteed by the Constitution of the United States, because the International Criminal Court has been endowed with legislative, executive, and judicial powers and with criminal jurisdiction without regard to the jurisdiction of the United States and the several States. (12) The International Criminal Court, by design and effect, is an illegitimate court, established contrary to the provisions of the Charter of the United Nations, the American Declaration of Independence, and the Constitution of the United States, and as such, puts United States citizens in jeopardy of unlawful and unconstitutional criminal prosecution, with members of the United States Armed Forces placed especially at risk of politically motivated arrests, prosecutions, fines, and imprisonments for acts engaged in for the protection of the sovereignty and independence of the United States. (13) United States citizens generally, and members of the United States Armed Forces in particular, deserve the full protection of the Constitution of the United States--the very body of law the members of the Armed Forces risk life and limb to protect. SEC. 3. RESCISSION OF SIGNATURE. The President of the United States should formally rescind the signature approving the Statute of the International Criminal Court made on behalf of the United States and should take such steps as are necessary to prevent the establishment of the International Criminal Court. SEC. 4. PROHIBITION OF FUNDS. No funds appropriated or otherwise made available by the United States Government for any purpose may be used in any manner for the establishment or operation of the International Criminal Court. SEC. 5. PROTECTION OF MEMBERS OF THE UNITED STATES ARMED FORCES AND UNITED STATES CITIZENS AND NATIONALS. (a) Actions Against Members of the Armed Forces.--Any action taken by or on behalf of the International Criminal Court against any member of the United States Armed Forces shall be considered to be an act of aggression against the United States. (b) Actions Against United States Citizens or Nationals.--Any action taken by or on behalf of the International Criminal Court against any individual who is a citizen or national of the United States shall be considered to be an offense against the law of nations. SEC. 6. PENALTIES. Any person who knowingly violates section 4 shall be fined not more than $50,000, or imprisoned not more than 5 years, or both.

American Servicemember and Citizen Protection Act of 2002 - Urges the President to formally rescind the signature approving the Statute of the International Criminal Court made on behalf of the United States and to take necessary steps to prevent the Court's establishment. Prohibits the use of appropriated funds for the establishment or operation of the Court.Declares that any action taken by or on behalf of the Court: (1) against any member of the U.S. armed forces shall be considered an act of aggression against the United States; or (2) against any U.S. citizen or national shall be considered an offense against the law of nations. Sets forth both civil and criminal penalties against any person who knowingly violates the requirements of this Act.

To provide that the International Criminal Court is not valid with respect to the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dextromethorphan Abuse Reduction Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) When used properly, cough medicines that contain dextromethorphan have a long history of being safe and effective. But abuse of dextromethorphan at high doses can produce hallucinations, rapid heart beat, high blood pressure, loss of consciousness, and seizures. The dangers multiply when dextromethorphan is abused with alcohol, prescription drugs, or narcotics. (2) Dextromethorphan is inexpensive, legal, and readily accessible, which has contributed to the increased abuse of that drug, particularly among teenagers. (3) Increasing numbers of teens and others are abusing dextromethorphan by ingesting it in excessive quantities. Prolonged use at high doses can lead to psychological dependence on the drug. Abuse of dextromethorphan can also cause impaired judgment, which can lead to injury or death. (4) Dextromethorphan abuse increased by a factor of 10 during the period of 1999 through 2004, with an increase by a factor of 15 among children aged 9 to 17 years. (5) An estimated 2,400,000 teenagers (1 in 10) abused over- the-counter cough medicines in 2005. Children ages 9 to 17 years are the fastest growing group of dextromethorphan abusers. (6) The Food and Drug Administration has called the abuse of dextromethorphan a ``serious issue'' and a ``disturbing new trend'' that can cause ``death as well as other serious adverse events such as brain damage, seizure, loss of consciousness, and irregular heartbeat.''. (7) In recognition of the problem, several retailers have voluntarily implemented age restrictions on purchases of cough and cold medicines containing dextromethorphan. (8) Prevention is a key component of addressing the rise in the abuse of legal medications. Education campaigns teaching teens and parents about the dangers of these drugs are an important part of this effort. SEC. 3. DEXTROMETHORPHAN. (a) Definitions.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding at the end the following: ``(50) The term `finished dosage form', relating to dextromethorphan, means dextromethorphan that-- ``(A) is-- ``(i) in a tablet, capsule, solution, liquid, or other form intended for retail sale, and that generally contains inactive ingredients; and ``(ii) approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) as a nonprescription drug (as that term is defined in section 760 of that Act (21 U.S.C. 379aa)); or ``(B) has been combined with other active or inactive ingredients during the process of manufacturing a tablet, capsule, solution, liquid, or other form described in subparagraph (A). ``(51) The term `unfinished', relating to dextromethorphan, means any concentration or amount of dextromethorphan that is not in finished dosage form.''. (b) Unfinished Dextromethorphan.--Schedule V of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding at the end the following: ``(6) Unfinished dextromethorphan.''. (c) Sales of Dextromethorphan in Finished Dosage Form.-- (1) In general.--Part D of title II of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following: ``SEC. 424. CIVIL PENALTIES FOR CERTAIN DEXTROMETHORPHAN SALES. ``(a) In General.-- ``(1) Sale.-- ``(A) In general.--Except as provided in paragraph (2), it shall be unlawful for any person to knowingly sell, cause another to sell, or conspire to sell a product containing dextromethorphan to an individual under the age of 18 years, including any such sale using the Internet. ``(B) Failure to check identification.--If a person fails to request identification from an individual under the age of 18 years and sells a product containing dextromethorphan to that individual, that person shall be deemed to have known that the individual was under the age of 18 years. ``(C) Affirmative defense.--It shall be an affirmative defense to an alleged violation of subparagraph (A) that the person selling a product containing dextromethorphan examined the purchaser's identification card and, based on that examination, that person reasonably concluded that the identification was valid and indicated that the purchaser was not less than 18 years of age. ``(2) Exception.--This section shall not apply to any sale made pursuant to a validly issued prescription. ``(b) Fines.-- ``(1) In general.--The Attorney General may impose a civil penalty on a person for violating subsection (a)(1)(A), including a violation of that subsection committed by an employee or agent of such person. ``(2) Maximum amount.--A civil penalty imposed under paragraph (1) shall be-- ``(A) not more than $1,000 for the first violation of subsection (a)(1)(A) by a person; ``(B) not more than $2,000 for the second violation of subsection (a)(1)(A) by a person; and ``(C) not more than $5,000 for the third violation, or a subsequent violation, of subsection (a)(1)(A) by a person. ``(3) Number of violations.--If a person makes sales of dextromethorphan at more than 1 location, for purposes of determining the number of violations by that person under this subsection each individual location operated by that person shall be considered a separate person. ``(c) Definition of Identification Card.--In this section, the term `identification card' means an identification card that-- ``(1) includes a photograph and the date of birth of the individual; ``(2) is issued by a State or the Federal Government; and ``(3) is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code of Federal Regulations (as in effect on or after the date of the enactment of the Dextromethorphan Abuse Reduction Act of 2007).''. (2) Regulations.-- (A) Internet sales.--Not later than 180 days after the date of enactment of this Act, the Attorney General of the United States shall promulgate regulations for Internet sales of products containing dextromethorphan to ensure compliance with section 424 of the Controlled Substances Act, as added by this Act. (B) Civil penalties.-- (i) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General of the United States shall promulgate regulations to carry out section 424 of the Controlled Substances Act, as added by this Act. (ii) Contents.--The regulations promulgated under clause (i) shall-- (I) provide for a range of fines for a retailer, based on whether the retailer or an employee or agent of that retailer has committed prior violations of section 424(a) of the Controlled Substances Act, as added by this Act; and (II) require consideration of whether a fine to be imposed on a retailer should be reduced or eliminated based on-- (aa) the establishment and administration of an effective employee training program by a retailer relating to this Act and the amendments made by this Act; or (bb) other actions taken by a retailer to ensure compliance with this Act and the amendments made by this Act. (C) Definition of retailer.--In this paragraph, the term ``retailer'' means a grocery store, general merchandise store, drug store, convenience store, or other entity or person whose activities as a distributor relating to products containing dextromethorphan are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales. (3) Sense of the senate.--It is the sense of the Senate that-- (A) manufacturers of products containing dextromethorphan should contain language on packages cautioning consumers about the dangers of dextromethorphan misuse; and (B) retailers selling products containing dextromethorphan should impose appropriate safeguards to protect against the theft of such products. (d) Prevention Funding.-- (1) The partnership for a drug-free america.-- (A) In general.--The Director of National Drug Control Policy shall make a directed grant to the Partnership for a Drug-Free America to provide education to individuals under the age of 18 years and parents regarding preventing the abuse of prescription and nonprescription drugs (including dextromethorphan). (B) Authorization of appropriations.--In addition to any other amounts authorized to be appropriated, there are authorized to be appropriated $4,000,000 for each of fiscal years 2008 through 2010 to carry out this paragraph. (2) Community anti-drug coalition of america.-- (A) In general.--The Director of National Drug Control Policy shall make a directed grant to the Community Anti-Drug Coalition of America to provide education, training, and technical assistance to community coalitions regarding preventing the abuse of prescription and nonprescription drugs (including dextromethorphan). (B) Authorization of appropriations.--There are authorized to be appropriated $4,000,000 for each of fiscal years 2008 through 2010 to carry out this paragraph. (3) Supplement not supplant.--Grant funds provided under this subsection shall be used to supplement, not supplant, Federal and non-Federal funds available for carrying out the activities described in this subsection. (e) Supplemental Grants for Communities With Major Prescription and Nonprescription Drug Issues.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Substance Abuse and Mental Health Services Administration; (B) the term ``drug'' has the meaning given that term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); (C) the term ``eligible entity'' means an organization that-- (i) on or before the date of submitting an application for a grant under this subsection, receives a grant under the Drug-Free Communities Act of 1997 (21 U.S.C. 1521 et seq.); and (ii) has documented, using local data, rates of prescription or nonprescription drug abuse above national averages, as determined by the Administrator (including appropriate consideration of the Monitoring the Future Survey by the University of Michigan), for comparable time periods; (D) the term ``nonprescription drug'' has the meaning given that term in section 760 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379aa); and (E) the term ``prescription drug'' means a drug described in section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)). (2) Authorization of program.--The Administrator, in consultation with the Director of the Office of National Drug Control Policy, may make enhancement grants to eligible entities to implement comprehensive community-wide strategies that address abuse of prescription and nonprescription drugs. (3) Application.-- (A) In general.--An eligible entity desiring an enhancement grant under this subsection shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may require. (B) Criteria.--As part of an application for a grant under this subsection, the Administrator shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing abuse of prescription and nonprescription drugs. (4) Uses of funds.--An eligible entity that receives a grant under this subsection shall use the grant funds for implementing a comprehensive, community-wide strategy that addresses abuse of prescription and nonprescription drugs issues in that community, in accordance with the plan submitted under paragraph (3)(B). (5) Grant terms.--A grant under this subsection-- (A) shall be made for a period of not more than 4 years; and (B) shall not be in an amount of more than $50,000 per year. (6) Supplement not supplant.--Grant funds provided under this subsection shall be used to supplement, not supplant, Federal and non-Federal funds available for carrying out the activities described in this subsection. (7) Evaluation.--A grant under this subsection shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997 (21 U.S.C. 1521 et seq.). (8) Administrative expenses.--Not more than 6 percent of a grant under this subsection may be expended for administrative expenses. (9) Authorization of appropriations.--There are authorized to be appropriated $4,000,000 for each of fiscal years 2008 through 2010 to carry out this subsection. (f) Data Collection.--It is the Sense of the Senate that Federal agencies and grantees that collect data on drug use trends should ensure that the survey instruments used by such agencies and grantees include questions to ascertain changes in the trend of abuse of prescription and nonprescription drugs. (g) Technical and Conforming Amendments.-- (1) In general.--Section 201(g) of the Controlled Substances Act (21 U.S.C. 811(g)) is amended-- (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). (2) Table of contents.--The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84 Stat. 1236) is amended by inserting after the item relating to section 423 the following: ``Sec. 424. Dextromethorphan sales.''.

Dextromethorphan Abuse Reduction Act of 2007 - Amends the Controlled Substances Act to: (1) set forth definitions relating to dextromethorphan in unfinished or finished dosage form; (2) classify unfinished dextromethorphan as a Schedule V controlled substance; and (3) impose civil penalties for sales of products containing dextromethorphan to individuals under the age of 18. Expresses the sense of the Senate that: (1) manufacturers of products containing dextromethorphan should provide warnings about the dangers of dextromethorphan misuse; and (2) retailers should impose safeguards to protect against the theft of products containing dextromethorphan. Directs the Director of National Drug Control Policy to make grants to the Partnership for a Drug-Free America and the Community Anti-Drug Coalition of America for education programs to prevent the abuse of prescription and nonprescription drugs (including dextromethorphan). Authorizes the Administrator of the Substance Abuse and Mental Health Services Administration to make grants to certain communities to implement comprehensive community-wide strategies for addressing abuse of prescription and nonprescription drugs.

A bill to amend the Controlled Substances Act to prevent the abuse of dextromethorphan, and for other purposes.

SECTION 1. TREATMENT OF CERTAIN ENTRIES. (a) Liquidation or Reliquidation of Entries.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any other provision of law, the United States Customs Service shall liquidate or reliquidate those entries made at New York, New York, which are listed in subsection (c), in accordance with the final results of the administrative reviews covering the period from April 1, 1984, through March 31, 1991, undertaken by the International Trade Administration of the Department of Commerce for such entries (case number A-580-008). (b) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid by the Customs Service within 90 days after such liquidation or reliquidation. (c) Entry List.--The entries referred to in subsection (a) are the following: Entry Number Date of Entry 84-915604-7..................... July 6, 1984 84-915604-7..................... July 6, 1984 84-915830-4..................... July 17, 1984 84-916057-0..................... July 19, 1984 84-916057-0..................... July 23, 1984 84-916302-7..................... July 28, 1984 84-916323-4..................... July 28, 1984 84-916302-7..................... July 30, 1984 84-525823-7..................... September 20, 1984 84-525823-7..................... September 25, 1984 84-525971-5..................... September 27, 1984 84-525971-5..................... September 27, 1984 84-525971-5..................... September 27, 1984 84-525971-5..................... October 2, 1984 84-525971-5..................... October 2, 1984 85-279644-9..................... October 4, 1984 85-279654-6..................... October 9, 1984 85-280518-1..................... December 28, 1984 85-280518-1..................... December 28, 1984 85-102631-4..................... November 13, 1984 85-102631-4..................... November 13, 1984 85-401288-5..................... October 8, 1984 84-444821-3..................... August 3, 1984 84-444821-3..................... August 3, 1984 84-422128-4..................... October 2, 1984 85-422162-4..................... October 31, 1984 85-422162-4..................... October 31, 1984 84-215744-1..................... July 6, 1984 84-216018-2..................... August 6, 1984 84-208013-6..................... July 30, 1984 84-208013-6..................... July 30, 1984 84-208511-5..................... July 30, 1984 84-208013-6..................... August 1, 1984 84-208968-7..................... August 7, 1984 84-208968-7..................... August 7, 1984 85-432884-4..................... February 22, 1985 85-432884-4..................... February 22, 1985 85-102272-9..................... October 19, 1984 85-151075-2..................... February 5, 1985 85-210038-1..................... March 27, 1985 84-780372-9..................... August 3, 1984 84-781699-4..................... September 6, 1984 84-781699-4..................... September 6, 1984 84-781699-4..................... September 6, 1984 84-781846-8..................... September 18, 1984 85-944006-0..................... May 3, 1985 85-294383-6..................... August 27, 1985 86-215010-1..................... October 30, 1985 86-215185-4..................... December 2, 1985 86-215310-8..................... December 16, 1985 85-602949-7..................... April 15, 1985 85-602950-7..................... April 19, 1985 85-602966-2..................... April 19, 1985 85-603347-0..................... April 26, 1985 85-603523-2..................... May 8, 1985 85-604545-5..................... May 31, 1985 86-383795-7..................... April 22, 1986 110-1905894-7................... February 23, 1987 86-216530-3..................... April 16, 1986 110-0269614-1................... January 12, 1987 110-0269942-6................... January 19, 1987 110-0269947-5................... January 19, 1987 110-0269942-6................... January 22, 1987 86-476752-1..................... April 10, 1986 86-477371-9..................... August 14, 1986 86-477371-9..................... August 20, 1986 86-477413-2..................... August 22, 1986 86-477413-2..................... August 22, 1986 331-3808023-0................... October 20, 1986 331-3808023-0................... October 20, 1986 86-198869-1..................... September 9, 1986 86-198893-4..................... September 17, 1986 86-198964-5..................... October 14, 1986 331-3807959-6................... October 15, 1986 331-3807959-6................... October 15, 1986 331-3807959-6................... October 15, 1986 331-3807959-6................... October 15, 1986 331-3808023-0................... October 20, 1986 331-3812541-5................... December 26, 1986 331-3812541-5................... December 26, 1986 331-3813766-7................... February 19, 1987 86-477413-2..................... August 22, 1986 86-477413-2..................... August 22, 1986 110-1123057-7................... January 2, 1987 110-1124082-4................... March 26, 1987 110-1272348-9................... November 14, 1986 110-1272348-9................... November 14, 1986 110-1272505-4................... December 10, 1986 110-1272505-4................... December 10, 1986 110-1273532-7................... January 10, 1987 110-1274561-5................... February 20, 1987 110-1274921-1................... March 6, 1987 110-1274921-1................... March 6, 1987 110-1275320-5................... March 23, 1987 110-1275321-3................... March 31, 1987 110-1272505-4................... No Date Available 110-1907947-1................... January 22, 1988 110-1906495-2................... June 5, 1987 110-1906599-1................... June 22, 1987 110-1906599-1................... June 22, 1987 110-1906856-5................... August 2, 1987 110-1907967-9................... January 27, 1988 110-1908198-0................... March 4, 1988 110-1908178-2................... March 10, 1988 110-0294344-8................... May 6, 1987 110-0294344-8................... June 5, 1987 110-1906522-3................... June 6, 1987 110-1124130-1................... April 1, 1987 110-1124130-1................... April 2, 1987 110-1124130-1................... April 2, 1987 110-1125551-7................... July 17, 1987 110-1125551-7................... July 17, 1987 110-1126810-6................... October 27, 1987 110-1127047-4................... November 6, 1987 110-1127620-8................... December 23, 1987 110-1275844-4................... April 16, 1987 110-1278368-1................... July 28, 1987 110-1278958-9................... September 10, 1987 110-1278958-9................... September 10, 1987 110-1279151-0................... September 18, 1987 110-1279825-9................... October 8, 1987 110-1279767-3................... October 16, 1987 110-1280177-2................... October 21, 1987 110-1280206-9................... October 22, 1987 110-1282001-2................... January 12 1988 110-1282566-4................... February 11, 1988 110-1282642-3................... February 11, 1988 110-1286015-8................... February 22, 1988 110-1286165-1................... March 16, 1988 110-1286165-1................... March 16, 1988 110-1286165-1................... March 16, 1988 110-1908453-9................... April 22, 1988 110-1908567-6................... May 11, 1988 110-1908567-6................... May 11, 1988 110-1908928-0................... June 29, 1988 110-1129739-4................... May 13, 1988 110-1131047-8................... August 4, 1988 110-1133675-4................... January 6, 1989 110-1286261-8................... April 7, 1988 110-1286261-8................... April 7, 1988 110-1286492-9................... May 12, 1988 110-1286492-9................... May 12, 1988 110-1286492-9................... May 12, 1988 110-1286677-5................... June 16, 1988 110-1286796-3................... July 7, 1988 110-1286965-4................... August 4, 1988 110-1286965-4................... August 4, 1988 110-1288931-4................... December 8, 1988 110-0301260-3................... May 12, 1989 110-0301272-8................... May 19, 1989 110-0153952-4................... September 3, 1989 110-1135558-0................... May 12, 1989 110-1135558-0................... May 12, 1989 110-1136677-7................... July 11, 1989 110-1139014-0................... November 24, 1989 110-1294013-3................... September 14, 1989 110-1298751-4................... May 15, 1990 110-1274861-9................... March 4, 1987 110-1274863-5................... March 4, 1987 110-1275349-4................... May 12, 1987 110-1285836-8................... August 31, 1988 110-1285994-4................... August 1, 1988 110-1286179-2................... March 25, 1988 110-1286180-0................... March 25, 1988 110-1286181-8................... March 25, 1988 110-1286265-9................... April 5, 1988 110-1286507-4................... May 12, 1988 110-1286580-1................... May 26, 1988 110-1286582-7................... May 26, 1988 110-1286584-3................... May 26, 1988 110-1286634-6................... June 7, 1988 110-1286681-7................... June 18, 1988 110-1286751-8................... June 23, 1988 110-1286763-1................... June 29, 1988 110-1286782-3................... July 7, 1988 110-1286879-7................... July 27, 1988 110-1286881-3................... August 1, 1988 110-1286882-1................... August 10, 1988 110-1286925-8................... July 27, 1988 110-1286927-4................... August 1, 1988 110-1286972-0................... August 11, 1988 110-1286991-0................... August 1, 1988 110-1286993-6................... August 1, 1988 110-1287029-8................... August 15, 1988 110-1287030-6................... August 15, 1988 110-1287031-4................... August 15, 1988 110-1287032-2................... August 15, 1988 110-1287061-1................... August 15, 1988 110-1287062-9................... August 15, 1988 110-1287078-5................... August 17, 1988 110-1287095-9................... August 19, 1988 110-1287147-8................... September 2, 1988 110-1288475-2................... November 23, 1988 110-1288478-8................... November 10, 1988 110-1289801-8................... January 20, 1989 110-1293960-6................... September 11, 1989 110-1296719-3................... February 12, 1990

Directs the United States Customs Service to provide for the liquidation or reliquidation (refund) of certain entries made at New York, New York, in accordance with the results of an administrative review, during the period from April 1, 1984, through March 31, 1991, by the International Trade Administration of the Department of Commerce (case number A-580-008).

To provide for the liquidation or reliquidation of certain entries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Robin Danielson Act''. TITLE I--RESEARCH REGARDING RISKS POSED BY DIOXIN, SYNTHETIC FIBERS, AND OTHER ADDITIVES IN FEMININE HYGIENE PRODUCTS SEC. 101. FINDINGS. The Congress finds as follows: (1) Tampons are used by approximately 73,000,000 women in the United States today, and the average woman may use as many as 16,800 tampons in her lifetime. A woman on estrogen replacement therapy may use as many as 24,360 tampons in her lifetime. (2) The Environmental Protection Agency and the International Agency for Research on Cancer, an arm of the World Health Organization, have concluded that dioxins are a probable human carcinogen (cancer causing agent). (3) Dioxin is a byproduct of chlorine-bleaching processes used in the manufacture of paper products, including tampons, sanitary pads, panty liners, and diapers. (4) While bleaching processes that do not produce dioxin in any amount are available, most pulp and paper manufacturers, which produce the raw materials used in tampons, currently use either elemental-chlorine or chlorine-dioxide bleaching processes. Both of these bleaching processes use chlorine and therefore produce dioxin. (5) The effects of dioxin from various sources are cumulative and can be measured 20 to 30 years after exposure. Women may be exposed to dioxin in tampons and other menstrual products for as long as 60 years over the course of their reproductive lives. (6) Internal documents of the Food and Drug Administration suggest the agency has not adequately investigated the danger of dioxin in tampons, according to a 1992 staff report of a subcommittee of the Committee on Government Operations of the House of Representatives. (7) The Food and Drug Administration has historically relied on data provided by manufacturers of feminine hygiene products in determining product safety. (8) Although the Food and Drug Administration currently requires tampon manufacturers to monitor dioxin levels in their finished products, the information is not readily available to the public. (9) Recent studies have produced conflicting information about the link between dioxin exposure and increased risks for endometriosis. (10) The Environmental Protection Agency has concluded that people with high levels of exposure to dioxins may be at risk for other noncancer effects that could suppress the immune system, increase the risk of pelvic inflammatory disease, reduce fertility, and interfere with fetal and childhood development. (11) An independent study in 1991 found that tampons commonly included one or more of the following additives: Chlorine compounds, absorbency enhancers (such as surfactants like polysorbate-20), natural and synthetic fibers (such as cotton, rayon, polyester, and polyacrylate), deodorant, and fragrance. (12) Toxic Shock Syndrome (TSS) has been linked to tampon use and the absorbency of the tampon. TSS is a rare bacterial illness that occurs mostly in menstruating women. During 1979 and 1980, the syndrome was responsible for at least 55 deaths and 1,066 nonfatal cases. (13) In response to a 1988 lawsuit, the Food and Drug Administration has required tampons to be labeled with reference to an absorbency standard (e.g., super tampons must absorb between 9 and 12 grams of liquid). (14) Independent research has shown that synthetic fiber additives in tampons amplify toxin production, which is associated with toxic shock syndrome. SEC. 102. NATIONAL INSTITUTES OF HEALTH; RESEARCH ON DIOXIN PURSUANT TO OFFICE OF RESEARCH ON WOMEN'S HEALTH. Part F of title IV of the Public Health Service Act (42 U.S.C. 287d et seq.) is amended by adding at the end the following section: ``SEC. 486C. CERTAIN PROJECTS REGARDING WOMEN'S HEALTH. ``(a) Dioxin in Feminine Hygiene Products.-- ``(1) In general.--The Director of NIH, in collaboration with the Director of the Office, shall provide for the conduct or support of research to determine the extent to which the presence of dioxin, synthetic fibers, and other additives in tampons and other feminine hygiene products-- ``(A) poses any risks to the health of women who use the products, including risks relating to cervical cancer, endometriosis, infertility, ovarian cancer, breast cancer, immune system deficiencies, pelvic inflammatory disease, and toxic shock syndrome; and ``(B) poses any risks to the health of children of women who used such products during or before the pregnancies involved, including risks relating to fetal and childhood development. ``(2) Requirement regarding data from manufacturers.-- Research under paragraph (1) shall include research to confirm the data on tampons and other feminine hygiene products submitted to the Commissioner of Food and Drugs by manufacturers of such products. ``(3) Definition.--For purposes of paragraph (1), the term `feminine hygiene products' means tampons, pads, liners, and similar products used by women with respect to menstruation or other genital-tract secretions. ``(b) Reports.--Reports on the results of research under subsection (a) shall be periodically submitted to the Congress, the Commissioner of Food and Drugs, the Administrator of the Environmental Protection Agency, and the Chairman of the Consumer Product Safety Commission. Such reports shall be made available to the public through the data system and clearinghouse program established under section 486A, or through other appropriate means.''. TITLE II--COLLECTION AND ANALYSIS OF DATA ON TOXIC SHOCK SYNDROME SEC. 201. FINDINGS. The Congress finds as follows: (1) Of the cases of toxic shock syndrome in the United States, approximately 50 percent are related to tampon use and approximately 50 percent occur in nonmenstruating women and in men and children. (2) The Centers for Disease Control and Prevention (CDC) believes that women are at increased risk for developing toxic shock syndrome due to a false sense of security that there is no longer any risk for developing the disease. (3) The CDC has estimated that each year such syndrome strikes more than 1,300 individuals. Among women in the age group 12 through 44 who use tampons or barrier contraceptives, between one and two of every 100,000 will develop the syndrome. (4) Epidemiological data on cases of toxic shock syndrome are not systematically collected in the United States, and information on cases seldom travels beyond the victim's circle of family and friends. (5) The CDC and the States should cooperate to collect and analyze such data. Increasing the amount of information on toxic shock syndrome will lead to increased awareness about the disease in the medical community, and may also lead to an increased understanding of the causes of the syndrome. SEC. 202. CENTERS FOR DISEASE CONTROL AND PREVENTION; ESTABLISHMENT OF PROGRAM FOR COLLECTION AND ANALYSIS OF DATA ON TOXIC SHOCK SYNDROME. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following section: ``SEC. 317T. COLLECTION AND ANALYSIS OF DATA ON TOXIC SHOCK SYNDROME. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a program to collect, analyze, and make available data on toxic shock syndrome, including data on the causes of such syndrome. ``(b) National Incidence and Prevalence.--In carrying out the program under subsection (a), the Secretary shall to the extent practicable determine the national incidence and prevalence of toxic shock syndrome. ``(c) Cooperation With States.--The Secretary may carry out the program under subsection (a) directly and through grants to States and local health departments. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2006 through 2010.''.

Robin Danielson Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to provide for the conduct or support of research on the extent to which additives in feminine hygiene products pose any risks to the health of women or the health of the children of women who use those products during or before the pregnancies involved. Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) collect, analyze, and make available data on toxic shock syndrome, including data on the causes of such syndrome; and (2) determine the national incidence and prevalence of such syndrome.

To amend the Public Health Service Act to establish a program of research regarding the risks posed by the presence of dioxin, synthetic fibers, and other additives in feminine hygiene products, and to establish a program for the collection and analysis of data on toxic shock syndrome.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Andean Adjustment Act of 2003''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN COLOMBIAN AND PERUVIAN NATIONALS. (a) Adjustment of Status.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment not later than 2 years after the date of the enactment of this Act; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily, from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Secretary of Homeland Security grants the application, the Secretary of Homeland Security shall cancel the order. If the Secretary of Homeland Security renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who is a national of Colombia or Peru who-- (1) was physically present in the United States on December 31, 1999; and (2) is physically present in the United States on the date the application for adjustment of status under this Act is filed. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien subject to a final order of deportation, removal, or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Secretary of Homeland Security shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and raises as a defense to such an order the eligibility of the alien to apply for adjustment of status under subsection (a), except where the Secretary of Homeland Security has rendered a final administrative determination to deny the application. (3) Work authorization.--The Secretary of Homeland Security may authorize an alien who has applied for adjustment of status under subsection (a), and the spouse of the alien, to engage in employment in the United States during the pendency of such application and may provide the alien and the alien's spouse with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of an alien shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- (A) is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for a continuous period, beginning not later than December 31, 1999, and ending not earlier than the date the application for adjustment under this subsection is filed; (B) applies for such adjustment not later than 2 years after the date of the enactment of this Act and is physically present in the United States on the date the application is filed; and (C) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security as to whether the status of any alien should be adjusted under this Act is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this Act, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Secretary of Homeland Security in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Andean Adjustment Act of 2003 - Provides for the adjustment to permanent resident status of a national of Colombia or Peru (and spouse, children, and certain unmarried sons or daughters) who: (1) was physically present in the United States on December 31, 1999; and (2) is physically present in the United States on the date of application for such status adjustment. Provides for a stay of removal during such process unless the Secretary of Homeland Security has rendered a final administrative order denying such application.

To adjust the immigration status of certain Colombian and Peruvian nationals who are in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Justice Improvement Act of 2008''. SEC. 2. DEFINITIONS. Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended-- (1) in paragraph (25) by inserting ``, including sight or sound,'' after ``incarceration'', (2) by amending paragraph (26) to read as follows: ``(26) the term `adult inmate' means an individual who-- ``(A) has reached the age of full criminal responsibility under applicable State law; and ``(B) has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal charge offense; excluding individuals who are-- ``(i) younger than the age of full criminal responsibility under applicable State law at the time of the criminal charge offense; or ``(ii) younger than the maximum age of extended juvenile jurisdiction applicable under State law; and ``(iii) have been committed to the care and custody of a juvenile correctional facility by a court of competent jurisdiction or by operation of State law.'', (3) in paragraph (28) by striking ``; and'' at the end, (4) in paragraph (29) by striking the period at the end and inserting a semicolon, and (5) by adding at the end the following: ``(30) the term `restraint' means a chemical or medical agent, physical force technique, or mechanical device that restricts movement; ``(31) the term `chemical agent' means a spray used to temporarily incapacitate a person, such as oleoresin capsicum spray, tear gas, or 2-chlorobenzalmalononitrile gas (CS gas); ``(32) the term `seclusion' means any instance in which a youth is confined alone for more than 15 minutes, including in an unlocked or locked room, specialized unit or other area of isolation, segregation, or room time; ``(33) the term `evidence based' means a program that is demonstrated with relative evidence, normed and validated for a diverse population, to be either-- ``(A) exemplary, such that it is implemented with a high degree of fidelity and demonstrates robust empirical findings using a reputable conceptual framework and an experimental evaluation design of the highest quality (a random assignment control trial); or ``(B) effective, such that it is implemented with sufficient fidelity that it demonstrates adequate empirical findings using a sound conceptual framework and a quasi-experimental evaluation design of high quality (comparison group without random assignment control group); ``(34) the term `promising' means a program that demonstrates effectiveness using reasonable, limited findings, and that has underway a more appropriate evaluation that meets the criteria set forth in paragraph (33)(A) for determining evidence-based programs; and ``(35) the term `dangerous practice' means an act, procedure, or program that creates an unreasonable risk of physical injury, pain, or psychological harm to a juvenile subjected to the act, and it includes the use of chemical agents; choking; blows to the head; twisting body parts against joints or other techniques that rely on infliction of pain to secure compliance; restraint to fixed objects; restraint in any manner that creates risk of asphyxiation; use of belly belts or chains on pregnant girls; use of four-point or five-point restraints, straightjackets or restraint chairs, except for medical or mental health purposes specifically related to the safety of the youth, and under the direct supervision of medical or mental health personnel, use of psychotropic medication without adherence to professional standards regarding dosage, or for purposes of coercion, punishment, or convenience of staff; and use of physical force, chemical agents, or mechanical restraints for purposes of coercion, retaliation, punishment, or convenience of staff; and prolonged, forced physical exercise.''. SEC. 3. STATE PLAN. Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended-- (1) in paragraph (8) by striking ``existing'' and inserting ``proven effective'', (2) in paragraph (9)(L)(i) by striking ``restraints'' and inserting ``requirements'', (3) in paragraph (27) by striking ``and'' at the end, (4) in paragraph (28) by striking the period at the end and inserting a semicolon, and (5) by adding at the end the following: ``(29) provide that, within 4 years of the date of enactment of this paragraph, juveniles treated as adults for purposes of prosecution in criminal court and juveniles prosecuted as adults in criminal court may not be held in a jail or lockup for adults while such juveniles are awaiting trial on a criminal charge; ``(30) provide that, within 4 years of the date of enactment of this paragraph, juveniles treated as adults for purposes of prosecution in criminal court and juveniles prosecuted as adults in criminal court may not be within sight or sound contact of adult inmates when held in the custody of the criminal court awaiting trial or other legal process; and ``(31) provide that the State will-- ``(A) develop policies and procedures to eliminate the State-supported use of dangerous practices with juveniles in the custody of State or local secure detention and correctional facilities and residential treatment centers; ``(B) increase the State's efforts to operate facilities and programs that are safe for youth and staff, through effective behavior management systems that clearly communicate incentives and sanctions to increase appropriate behavior and decrease inappropriate behavior, and which are implemented through a continuum of responses that begin with verbal de-escalation and that only allow for use of the most punitive responses as a last resort; ``(C) increase the State's efforts to provide training for facility staff on effective techniques for effective behavior management, de-escalation and crisis intervention, adolescent development, safe physical control techniques, developmental disabilities, mental health disorders, and cultural competence; and ``(D) increase the State's efforts to develop engaging, effective programming, and establish safe staffing levels in secure detention and correctional facilities.''. SEC. 4. PROMOTING ALTERNATIVES TO INCARCERATION. Section 222 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is amended by adding at the end the following: ``(e) Incentive Grants.-- ``(1) Incentive grants funds.--The Administrator shall make grants totaling at least 5 percent of the funds appropriated for this part in each fiscal year as incentive grants to States. The Administrator shall make such incentive grants consistent with the provisions of subsection (a), and shall condition such grants upon-- ``(A) the State's support for evidence-based or promising programs, prioritizing programs that address the mental health treatment needs of juveniles; ``(B) the State's support of reforms that reduce or eliminate the State-supported use of dangerous practices; ``(C) the State's support for reforms that ensure that seclusion in secure detention or correctional facilities is limited to situations in which seclusion is the least restrictive measure sufficient to address a youth's danger to self or others, used only for the amount of time necessary and is terminated when there is no longer an immediate danger to the youth or others, or imposed only after applicable due process; and ``(D) the demonstration by the State of an improvement of public safety and rehabilitation of delinquent and at-risk youths. ``(2) The State shall make the demonstration required by paragraph (1)(D) by using accurate and reliable data reported annually showing both-- ``(A) a reduction in either recidivism or offenses by youths under age 18, using arrest data; and ``(B) either-- ``(i) an increase in the use of least restrictive placement for juveniles as appropriate for community safety; ``(ii) an increase in the safety of youths in the delinquency or criminal justice system; or ``(iii) a decrease in racial and ethnic disparities in the delinquency system.''. SEC. 5. REMOVING THE VALID COURT ORDER EXCEPTION FOR STATUS OFFENDERS. Section 223(a)(11) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(11)) is amended-- (1) by striking ``shall'', and (2) by amending subparagraph (A) to read as follows: ``(A) juveniles who are charged with or who have committed an offense that would not be criminal if committed by an adult, excluding juveniles who are charged with or who have committed a violation of section 922(x)(2) of title 18, United States Code, or of a similar State law, shall not be placed in secure detention facilities or secure correctional facilities; and''.

Juvenile Justice Improvement Act of 2008 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to: (1) revise and add definitions under such Act relating to the treatment of juveniles held in custody while awaiting trial for criminal offenses; (2) require state plans under such Act to separate juveniles from the adult prison population, eliminate the use of dangerous practices used for holding juveniles in custody, and provide training of prison staff on techniques for effective behavior management of juvenile offenders; (3) provide incentive grants to states to adopt programs for the mental health treatment needs of juveniles in custody and for the placement of such juveniles in the least restrictive detention or correctional settings; and (4) prohibit the placement of juveniles who have not been charged with adult criminal offenses in secure detention or correctional facilities.

To amend the Juvenile Justice and Delinquency Prevention Act of 1974 with respect to juveniles who have committed offenses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Infants Act of 2015''. SEC. 2. ADDRESSING PROBLEMS RELATED TO PRENATAL OPIOID USE. (a) Review of Programs.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall conduct a review of planning and coordination related to prenatal opioid use, including neonatal abstinence syndrome, within the agencies of the Department of Health and Human Services. (b) Strategy.--In carrying out subsection (a), the Secretary shall develop a strategy to address gaps in research and gaps, overlap, and duplication among Federal programs, including those identified in findings made by reports of the Government Accountability Office. Such strategy shall address-- (1) gaps in research, including with respect to-- (A) the most appropriate treatment of pregnant women with opioid use disorders; (B) the most appropriate treatment and management of infants with neonatal abstinence syndrome; and (C) the long-term effects of prenatal opioid exposure on children; (2) gaps, overlap, or duplication in-- (A) substance use disorder treatment programs for pregnant and postpartum women; and (B) treatment program options for newborns with neonatal abstinence syndrome; (3) gaps, overlap, or duplication in Federal efforts related to education about, and prevention of, neonatal abstinence syndrome; and (4) coordination of Federal efforts to address neonatal abstinence syndrome. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning the findings of the review conducted under subsection (a) and the strategy developed under subsection (b). SEC. 3. DEVELOPING RECOMMENDATIONS FOR PREVENTING AND TREATING PRENATAL OPIOID USE DISORDERS. (a) In General.--The Secretary shall conduct a study and develop recommendations for preventing and treating prenatal opioid use disorders, including the effects of such disorders on infants. In carrying out this subsection the Secretary shall-- (1) take into consideration-- (A) the review and strategy conducted and developed under section 2; and (B) the lessons learned from previous opioid epidemics; and (2) solicit input from States, localities, and Federally recognized Indian tribes or tribal organizations (as defined in the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), and nongovernmental entities, including organizations representing patients, health care providers, hospitals, other treatment facilities, and other entities, as appropriate. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall make available on the appropriate Internet Website of the Department of Health and Human Services a report on the recommendations under subsection (a). Such report shall address each of the issues described in subsection (c). (c) Contents.--The recommendations described in subsection (a) and the report under subsection (b) shall include-- (1) a comprehensive assessment of existing research with respect to the prevention, identification, treatment, and long-term outcomes of neonatal abstinence syndrome, including the identification and treatment of pregnant women or women who may become pregnant who use opioids or have opioid use disorders; (2) an evaluation of-- (A) the causes of, and risk factors for, opioid use disorders among women of reproductive age, including pregnant women; (B) the barriers to identifying and treating opioid use disorders among women of reproductive age, including pregnant and postpartum women and women with young children; (C) current practices in the health care system to respond to, and treat, pregnant women with opioid use disorders and infants affected by such disorders; (D) medically indicated uses of opioids during pregnancy; (E) access to treatment for opioid use disorders in pregnant and postpartum women; and (F) access to treatment for infants with neonatal abstinence syndrome; and (G) differences in prenatal opioid use and use disorders in pregnant women between demographic groups; and (3) recommendations on-- (A) preventing, identifying, and treating the effects of prenatal opioid use on infants; (B) treating pregnant women who have opioid use disorders; (C) preventing opioid use disorders among women of reproductive age, including pregnant women, who may be at risk of developing opioid use disorders; and (D) reducing disparities in opioid use disorders among pregnant women. SEC. 4. IMPROVING DATA AND THE PUBLIC HEALTH RESPONSE. The Secretary may continue activities, as appropriate, related to-- (1) providing technical assistance to support States and Federally recognized Indian Tribes in collecting information on neonatal abstinence syndrome through the utilization of existing surveillance systems and collaborating with States and Federally recognized Indian Tribes to improve the quality, consistency, and collection of such data; and (2) providing technical assistance to support States in implementing effective public health measures, such as disseminating information to educate the public, health care providers, and other stakeholders on prenatal opioid use and neonatal abstinence syndrome. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was reported to the Senate on October 1, 2015. Protecting Our Infants Act of 2015 (Sec. 2) This bill requires the Department of Health and Human Services (HHS) to review its activities related to prenatal opioid use, including neonatal abstinence syndrome, and develop a strategy to address gaps in research and gaps and overlap in programs. (An opioid is a drug with effects similar to opium, such as heroin or certain pain medications. Neonatal abstinence syndrome is withdrawal in a newborn.) (Sec. 3) HHS must conduct a study and develop recommendations for preventing and treating prenatal opioid use disorders, including the effects of those disorders on infants. HHS must publish a report that includes: an assessment of existing research on neonatal abstinence syndrome; an evaluation of the causes, and barriers to treatment, of opioid use disorders among women of reproductive age and recommendations on preventing opioid use disorders in these women; an evaluation of, and recommendations on, treatment for pregnant women with opioid use disorders and the effects of prenatal opioid use on infants; and an evaluation of the differences in prenatal opioid use between demographic groups and recommendations on reducing disparities. (Sec. 4) HHS may continue providing technical assistance: (1) to states and Indian tribes to improve neonatal abstinence syndrome surveillance; and (2) to states to support implementation of effective public health measures, such as disseminating information to educate the public on prenatal opioid use and neonatal abstinence syndrome.

Protecting Our Infants Act of 2015

SECTION 1. AMENDMENTS TO UNITED STATES INSULAR POSSESSION PROGRAM. (a) Production Certificates.--The additional U.S. Note 5(h) to chapter 91 of the Harmonized Tariff Schedule of the United States is amended-- (1) by amending subparagraphs (i) and (ii) to read as follows: ``(i) In the case of each calendar quarter beginning after January 1, 2002, and before January 1, 2016, the Secretaries jointly, shall: ``(A) verify for the preceding calendar quarter both the wages paid by each producer to permanent residents of the insular possessions (including the value of any fringe benefits) and the total quantity and value of watches produced in the insular possessions and imported into the customs territory of the United States; and ``(B) issue to each producer (not later than 30 days after the end of the calendar quarter) a certificate for the applicable amount. ``(ii) For purposes of subparagraph (i), except as provided in subparagraphs (iii) and (iv), the term `applicable amount' means an amount equal to the sum of: ``(A) 90 percent of the producer's creditable wages (including the value of any fringe benefits) on watch assembly during the preceding calendar quarter (but only the first 300,000 units per calendar year); plus ``(B) the applicable graduated declining percentage (determined each year by the Secretaries) of the producer's creditable wages (including the value of any fringe benefits) on the assembly during the preceding calendar quarter for units in excess of 300,000 that calendar year, but not in excess of 750,000 that calendar year; plus ``(C) the difference between the duties that would have been due on the producer's watches (excluding digital watches) imported into the customs territory of the United States during the preceding quarter if they had been imported from a country eligible for normal trade relations subject to duty at the rates set forth in column 1 under this chapter that were in effect on January 1, 2001, and the duties that would have been due on those watches if they had been imported from the same country under the tariffs in effect for the preceding calendar quarter.''; and (2) by amending subparagraph (v) to read as follows: ``(v)(A) Any certificate issued under subparagraph (i) shall entitle the certificate holder to secure the refund of duties equal to the face value of the certificate on watches, watch movements and, with the exception of discrete cases, parts therefor imported into the customs territory of the United States by the certificate holder. Such refunds shall be made under regulations issued by the Treasury Department. Not more than 5 percent of such refunds may be retained as a reimbursement to the Customs Service for the administrative costs of making the refunds. If the Secretary of the Treasury determines that there is an insufficient level of duties from watch and watch-related tariffs, the Secretary may authorize refunds of duties collected on jewelry under chapter 71 or any other duties that the Secretary determines are appropriate. ``(B) At the election of the certificate holder and upon making the certification described in this clause, the Secretary of the Treasury shall pay to the holder the face value of the certificate, less the value of (1) any duty refund claimed by the holder under the certificate, plus (2) a discount of not more than 2 percent of the face value of the certificate, as determined by the Secretary of the Treasury. A certificate holder shall not be eligible for direct payment under this clause unless the certificate holder certifies to the Secretaries that the funds received will be reinvested or utilized to support and continue employment in the Virgin Islands. ``(C) The Secretary of the Treasury is authorized to make the payments provided for in clause (B) from duties collected on watches, watch movements and, with the exception of discrete cases, parts therefor. If such duties are insufficient, the Secretary of the Treasury is authorized to make those payments from duties collected on jewelry under chapter 71 or any other duties that the Secretary determines are appropriate.''. (b) Jewelry.--Additional U.S. Note to chapter 71 of the Harmonized Tariff Schedule of the United States is amended-- (1) by redesignating paragraphs (b), (c), (d), and (e) as paragraphs (c), (d), (e), and (f), respectively; (2) by inserting after paragraph (a) the following new paragraph: ``(b) The 750,000 unit limitation in additional U.S. Note 5(h)(ii)(B) to chapter 91 shall not apply to articles of jewelry subject to this note.''; and (3) by striking paragraph (f), as so redesignated, and inserting the following: ``(f) Notwithstanding any other provision of law, prior to February 9, 2004, any article of jewelry provided for in heading 7113 that is assembled in the Virgin Islands, Guam, or American Samoa shall be treated as a product of the Virgin Islands, Guam, or American Samoa for purposes of this note and General Note 3(a)(iv) of this Schedule.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall take effect on April 1, 2002, with respect to goods imported into the customs territory of the United States on or after January 1, 2002.

Amends the Harmonized Tariff Schedule of the United States to revise clock and watch provisions to require the Secretary of Commerce and the Secretary of the Interior, jointly, for each calendar quarter beginning after January 1, 2002, and before January 1, 2016, to: (1) verify for the preceding calendar quarter both the wages paid by each producer to permanent residents of the insular possessions (including the value of any fringe benefits) and the total quantity and value of watches produced there and imported into the U.S. customs territory; and (2) issue to each producer a certificate for the applicable amount.Directs the Secretary of the Treasury, at the election of the certificate holder, to pay to the holder the face value of the certificate, less the value of any duty refund claimed by the holder under the certificate, plus a discount of not more than two percent of the face value of the certificate as determined by the Secretary of the Treasury.

To amend the Harmonized Tariff Schedule of the United States with respect to the production incentive certificate program for watch and jewelry producers in the United States Virgin Islands, Guam, and American Samoa.

SECTION 1. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) District.--The term ``District'' means the Fallbrook Public Utility District, San Diego County, California. (2) Project.--The term ``Project'' means the impoundment, recharge, treatment, and other facilities the construction, operation, watershed management, and maintenance of which is authorized under section 2. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, unless otherwise stated. SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA RIVER PROJECT. (a) Authorization.--The Secretary, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, as far as those laws are not inconsistent with the provisions of this Act, is authorized to construct, operate, and maintain the Project substantially in accordance with the final feasibility report and this Act. (b) Conditions.--The Secretary may construct the Project only after the Secretary determines that the following conditions have occurred: (1) The District has entered into a contract under section 9(d) of the Reclamation Project Act of 1939 to repay to the United States appropriate portions, as determined by the Secretary, of the actual costs of constructing, operating, and maintaining the Project, together with interest as hereinafter provided. (2) The officer or agency of the State of California authorized by law to grant permits for the appropriation of water has granted such permits to the Bureau of Reclamation for the benefit of the Department of the Navy and the District as permittees for rights to the use of water for storage and diversion as provided in this Act, including approval of all requisite changes in points of diversion and storage, and purposes and places of use. (3) The District has agreed that it will not assert against the United States any prior appropriative right the District may have to water in excess of the quantity deliverable to it under this Act, and will share in the use of the waters impounded by the Project on the basis of equal priority and in accordance with the ratio prescribed in section 4(b). This agreement and waiver and the changes in points of diversion and storage under paragraph (2), shall become effective and binding only when the Project has been completed and put into operation. (4) The Secretary has determined that the Project has economic, environmental, and engineering feasibility. SEC. 3. COSTS. The Department of the Navy shall not be responsible for any costs in connection with the Project, except upon completion and then shall be charged in reasonable proportion to its use of the Project under regulations agreed upon by the Secretary of the Navy and Secretary of the Interior. SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY. (a) Operation.--The operation of the Project, subject to a memorandum of agreement between the Secretary, the Navy, and the District and under regulations satisfactory to the Secretary of the Navy with respect to the Navy's share of the project, may be by the Secretary, the District, or a third party consistent with section 6. (b) Yield Allotment.--Except as otherwise agreed between the parties, the Department of the Navy and the District shall participate in the Project yield on the basis of equal priority and in accordance with the following ratio: (1) 60 percent of the Project's yield is allotted to the Secretary of the Navy. (2) 40 percent of the Project's yield is allotted to the District. (c) Contracts for Delivery of Excess Water.-- (1) Excess water available to other persons.--If the Secretary of the Navy certifies to the official agreed upon to administer the Project that the Department of the Navy does not have immediate need for any portion of the 60 percent of the Project's yield allotted to the Secretary of the Navy under subsection (b), the official may enter into temporary contracts for the sale and delivery of the excess water. (2) First right for excess water.--The first right to excess water to be made available under paragraph (1) shall be given the District, if otherwise consistent with the laws of the State of California. (3) Condition of contracts.--Each contract entered into under paragraph (1) for the sale and delivery of excess water shall include a condition that the Secretary of the Navy has the right to demand that water, without charge and without obligation on the part of the United States, after 30 days notice. (4) Modification of rights and obligations related to water yield.--The rights and obligations of the United States and the District regarding the ratio or amounts of Project yield delivered may be modified by an agreement between the parties. (d) Consideration.-- (1) Deposit of funds.--Moneys paid to the United States under a contract entered into under subsection (c) shall be deposited in the special account established for the Department of the Navy under paragraph (1) of section 2667(d) of title 10, United States Code, and shall be available for the purposes specified in subparagraph (C) of such paragraph. Subparagraph (D) of such paragraph shall not apply to moneys deposited in the special account pursuant to this subsection. (2) In-kind consideration.--In lieu of monetary consideration under paragraph (1), or in addition to such consideration, the Secretary of the Navy may accept in-kind consideration in a form and quantity that is acceptable to the Secretary of the Navy, including the following forms of in-kind consideration: (A) Maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of property or facilities of the Department of the Navy. (B) Construction of new facilities for the Department of the Navy. (C) Provision of facilities for use by the Department of the Navy. (D) Facilities operation support for the Department of the Navy. (E) Provision of such other services as the Secretary of the Navy considers appropriate. (3) Relation to other laws.--Sections 2662 and 2802 of title 10, United States Code, shall not apply to any new facilities whose construction is accepted as in-kind consideration under this subsection. (4) Congressional notification.--If the in-kind consideration proposed to be provided under a contract to be entered into under subsection (c) has a value in excess of $500,000, the contract may not be entered into until the earlier of the following: (A) The end of the 30-day period beginning on the date on which a report describing the contract and the form and quantity of the in-kind consideration is submitted by the Secretary of the Navy to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. (B) The end of the 14-day period beginning on the date on which a copy of the report referred to in subparagraph (A) is provided in an electronic medium pursuant to section 480 of title 10, United States Code. SEC. 5. REPAYMENT OBLIGATION OF THE DISTRICT. (a) In General.--The general repayment obligation of the District shall be determined by the Secretary of the Interior consistent with the Water Supply Act of 1958; provided, however, that for the purposes of calculating interest and determining the time when the District's repayment obligation to the United States commences, the pumping and treatment of groundwater from the Project shall be deemed equivalent to the first use of water from a water storage project. There shall be no repayment obligation under this section for water delivered to the District under a contract as provided in section 4(c). (b) Modification of Rights and Obligation by Agreement.--The rights and obligations of the United States and the District regarding the repayment obligation of the District may be modified by an agreement between the parties. SEC. 6. TRANSFER OF CARE, OPERATION, AND MAINTENANCE. The Secretary may transfer to the District, or a mutually agreed upon third party, the care, operation, and maintenance of the Project under conditions satisfactory to the Secretary and the District, and with respect to the portion of the Project that is located within the boundaries of Camp Pendleton, satisfactory also to the Secretary of the Navy. If such a transfer takes place, the District shall be entitled to an equitable credit for the costs associated with the Secretary's proportionate share of the operation and maintenance of the Project. The amount of such costs shall be applied against the indebtedness of the District to the United States. SEC. 7. SCOPE OF ACT. For the purpose of this Act, the basis, measure, and limit of all rights of the United States pertaining to the use of water shall be the laws of the State of California. That nothing in this Act shall be construed-- (1) as a grant or a relinquishment by the United States of any rights to the use of water that it acquired according to the laws of the State of California, either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations, and the rights to the use of water as a part of that acquisition, or through actual use or prescription or both since the date of that acquisition, if any; (2) to create any legal obligation to store any water in the Project, to the use of which the United States has such rights; (3) to constitute a recognition of, or an admission that, the District has any rights to the use of water in the Santa Margarita River, which rights, if any, exist only by virtue of the laws of the State of California; or (4) to require the division under this Act of water to which the United States has such rights. SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRATION. Unless otherwise agreed by the Secretary of the Navy, the Project-- (1) shall be operated in a manner which allows the free passage of all of the water to the use of which the United States is entitled according to the laws of the State of California either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations, and the rights to the use of water as a part of those acquisitions, or through actual use or prescription, or both, since the date of that acquisition, if any; and (2) shall not be administered or operated in any way which will impair or deplete the quantities of water the use of which the United States would be entitled under the laws of the State of California had the Project not been built. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, the following-- (1) $60,000,000 (the current estimated construction cost of the Project, plus or minus such amounts as may be indicated by the engineering cost indices for this type of construction); and (2) such sums as may be required to operate and maintain the said project. SEC. 10. REPORTS TO CONGRESS. Not later than 1 year after the date of the enactment of this Act and periodically thereafter, the Secretary and the Secretary of the Navy shall each report to the Congress regarding if the conditions specified in section 2(b) have been met and if so, the details of how they were met. SEC. 11. SUNSET. The authority of the Secretary to complete construction of the Project shall terminate 10 years after the date of enactment of this Act. Passed the House of Representatives December 13, 2005. Attest: KAREN L. HAAS, Clerk.

(Sec. 2) Authorizes the Secretary of the Interior (the Secretary) to construct, operate, and maintain the Santa Margarita River Project in accordance with the final feasibility report and this Act. Authorizes Project construction only after the Secretary determines that: (1) the Fallbrook Public Utility District, San Diego County (District), has entered into a contract to repay to the United States appropriate portions of the costs of constructing, operating, and maintaining the Project, with interest; (2) the authorized California officer or agency has granted water use permits to the Bureau of Reclamation for the benefit of the Department of the Navy and the District; (3) the District has agreed that it will not assert against the United States any prior right to water in excess of the quantity deliverable under this Act and will share water based on equal priority and a specified ratio; and (4) the Secretary has determined that the Project has economic, environmental, and engineering feasibility. (Sec. 3) Shields the Department of the Navy (the Department) from responsibility for any costs in connection with the Project, except upon completion and then in reasonable proportion to its use of the Project under regulations agreed upon by the Secretary and the Secretary of the Navy. (Sec. 4) Permits operation of the Project by the Secretary, the District, or a third party consistent with this Act. Requires the Department and the District to participate in the Project yield on the basis of equal priority, with 60% of the Project's yield allotted to the Navy Secretary and 40% allotted to the District. Provides that if the Navy Secretary certifies that the Department does not have immediate need for its portion, the administering official may enter into temporary contracts for the sale and delivery of excess water. Allows the rights and obligations of the United States and the District regarding the ratio or amounts of Project yield delivered to be modified by agreement between the parties. Requires moneys paid to the United States under such a contract to be deposited in the special account established for the Department. (Sec. 5) Requires the District's general repayment obligation to be determined by the Secretary consistent with the Water Supply Act of 1958. Provides that there shall be no repayment obligation for water delivered to the District under a contract for delivery of excess water. (Sec. 6) Authorizes the Secretary to transfer to the District or a mutually agreed upon third party the care, operation, and maintenance of the Project under conditions satisfactory to the Secretary and the District (and the Navy Secretary with respect to the portion located within the boundaries of Camp Pendleton). Entitles the District, if such a transfer takes place, to an equitable credit for the costs associated with the Secretary's proportionate share of the Project's operation and maintenance. (Sec. 7) Provides that the basis, measure, and limit of all U.S. rights pertaining to the use of water shall be California law. (Sec. 8) Requires, unless otherwise agreed by the Navy Secretary, that the Project be operated in a manner which: (1) allows the free passage of all of the water the United States is entitled to use under California law either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations or through actual use or prescription; and (2) does not impair or deplete the quantities of water the United States would be entitled to use had the Project not been built. (Sec. 9) Authorizes appropriations to construct, operate, and maintain the Project. (Sec. 10) Directs the Secretary and the Navy Secretary to each report to Congress periodically regarding if and how the conditions for Project construction have been met. (Sec. 11) Terminates the Secretary's authority to complete Project construction 10 years after this Act's enactment.

To authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, and for other purposes.

SECTION 1. ELIMINATION OF THE NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL. (a) Amendment.--Part B of title II of the Goals 2000: Educate America Act (20 U.S.C. 5841 et seq.) is amended to read as follows: ``PART B--NATIONAL STANDARDS ``SEC. 211. PROHIBITION OF FEDERAL FUNDING FOR THE DEVELOPMENT OF NATIONAL STANDARDS. ``No Federal agency shall expend Federal funds for the development or dissemination of model or national content standards, national student performance standards, or national opportunity-to-learn standards.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if enacted on January 1, 1995. SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS. (a) Goals 2000: Educate America Act.-- (1) The table of contents for the Goals 2000: Educate America Act is amended, in the items relating to title II, by striking the items relating to part B of such title and inserting the following: ``Part B--National Standards ``Sec. 211. Prohibition of Federal funding for the development of national standards.''. (2) Section 3(a)(7) of such Act (20 U.S.C. 5802(a)(7)) is amended by striking ``voluntary national content standards or''. (3) Section 201 of such Act (20 U.S.C. 5821) is amended-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). (4) Section 203(a) of such Act (20 U.S.C. 5823(a)) is amended-- (A) by striking paragraphs (3) and (4); and (B) by redesignating paragraphs (5) and (6) as paragraphs (3) and (4), respectively. (5) Section 204(a) of such Act (20 U.S.C. 5824(a)) is amended-- (A) by striking all beginning with ``(a) Hearings.--'' through ``shall, for'' and inserting ``(a) Hearings.--The Goals Panel shall, for''; and (B) by striking paragraph (2). (6) Section 241 of such Act (20 U.S.C. 5871) is amended-- (A) in subsection (a), by striking ``(a) National Education Goals Panel.--''; and (B) by striking subsections (b) through (d). (7) Section 304(a)(2) of such Act (20 U.S.C. 5884(a)(2)) is amended-- (A) in subparagraph (A), by adding ``and'' after the semicolon; (B) in subparagraph (B), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (C). (8) Section 308(b)(2)(A) of such Act (20 U.S.C. 5888(b)(2)(A)) is amended by striking ``including'' and all that follows through ``of title II;'' and inserting ``including through consortia of States;''. (9) Section 312(b) (20 U.S.C. 5892(b)) is amended-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (10) Section 314(a)(6) of such Act (20 U.S.C. 5894(a)(6)) is amended by striking ``, if--'' and all that follows through ``populations''. (11) Section 315 of such Act (20 U.S.C. 5895) is amended-- (A) in subsection (b)-- (i) by striking paragraph (2); (ii) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (iii) in paragraph (1)(A), by striking ``paragraph (4) of this subsection'' and inserting ``paragraph (3)''; (iv) in subparagraph (B) of paragraph (2) (as redesignated by clause (ii)), by striking ``and the voluntary national content'' and all that follows through ``differences''; (v) in subparagraph (B) of paragraph (3) (as redesignated by clause (ii)), by striking ``paragraph (5),'' and inserting ``paragraph (4),''; and (vi) in paragraph (4) (as redesignated by clause (ii)), by striking ``paragraph (4)'' each place it appears and inserting ``paragraph (3)''; (B) in the matter preceding subparagraph (A) of subsection (c)(2), by striking ``subsection (b)(4)'' and inserting ``subsection (b)(3)''; and (C) in subsection (f), by striking ``subsection (b)(4)'' each place it appears and inserting ``subsection (b)(3)''. (12) Section 316 of such Act (20 U.S.C. 5896) is repealed. (13) Section 503 of such Act (20 U.S.C. 5933) is amended-- (A) in subsection (b)-- (i) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by striking ``28'' and inserting ``27''; (II) by striking subparagraph (D); and (III) by redesignating subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively; (ii) in paragraphs (2), (3), and (5), by striking ``subparagraphs (E), (F), and (G)'' each place it appears and inserting ``subparagraphs (D), (E), and (F)''; (iii) in paragraph (2), by striking ``subparagraph (G)'' and inserting ``subparagraph (F)''; (iv) in paragraph (4), by striking ``(C), and (D)'' and inserting ``and (C)''; and (v) in the matter preceding subparagraph (A) of paragraph (5), by striking ``subparagraph (E), (F), or (G)'' and inserting ``subparagraph (D), (E), or (F)''; and (B) in subsection (c)-- (i) in paragraph (1)(B), by striking ``subparagraph (E)'' and inserting ``subparagraph (D)''; and (ii) in paragraph (2), by striking ``subparagraphs (E), (F), and (G)'' and inserting ``subparagraphs (D), (E), and (F)''. (14) Section 504 of such Act (20 U.S.C. 5934) is amended-- (A) by striking subsection (f); and (B) by redesignating subsection (g) as subsection (f). (b) Elementary and Secondary Education Act of 1965.-- (1) Section 2102(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6622(c)) is amended-- (A) in paragraph (6), by striking ``including information on voluntary national content standards and voluntary national student performance standards''; and (B) in paragraph (7)-- (i) by striking ``voluntary national content standards,''; and (ii) by striking ``, voluntary national student performance standards''. (2) Section 2402(3)(A) of such Act (20 U.S.C. 6702(3)(A)) is amended by striking ``, challenging State student performance'' and all that follows through the semicolon and inserting ``or challenging State student performance standards;''. (3) Section 3151(b)(5)(H) of such Act (20 U.S.C. 6871(b)(5)(H)) is amended by striking ``the voluntary national content standards, the voluntary national student performance standards and''. (4) Section 3206(b)(12) of such Act (20 U.S.C. 6896(b)(12) is amended-- (A) in subparagraph (H), by inserting ``and'' after the semicolon; (B) by striking subparagraph (I); and (C) by redesignating subparagraph (J) as subparagraph (I). (5) Section 7136 of such Act (20 U.S.C. 7456) is amended by striking ``and which are consistent with voluntary national content standards and challenging State content standards''. (6) Section 10963(b)(5)(B) of such Act (20 U.S.C. 8283(b)(5)(B)) is amended by striking ``or to bring teachers up to national voluntary standards''. (7) Section 14701(b)(1)(B)(v) of such Act (20 U.S.C. 8941(b)(1)(B)(v)) is amended by striking ``the National Education Goals Panel,'' and all that follows through ``assessments)'' and inserting ``and the National Education Goals Panel''. (c) General Education Provisions Act.--Section 428 of the General Education Provisions Act (20 U.S.C. 1228b), as amended by section 237 of the Improving America's Schools Act of 1994 (Public Law 103-382) is amended by striking ``the National Education Standards and Improvement Council,''. (d) Education Amendments of 1978.-- (1) Section 1121 of the Education Amendments of 1978 (25 U.S.C. 2001), as amended by section 381 of the Improving America's Schools Act of 1994 (Public Law 103-382) is amended-- (A) by striking subsection (b); (B) by redesignating subsections (c) through (l) as subsections (b) through (k), respectively; (C) in subsection (b) (as redesignated by subparagraph (B))-- (i) in paragraph (1), by striking ``and the findings of the studies and surveys described in subsection (b)''; and (ii) in paragraph (2), by striking ``subsection (f)'' and inserting ``subsection (e)''; (D) in subsection (c) (as redesignated by subparagraph (B)), by striking ``subsection (c)'' and inserting ``subsection (b)''; (E) in subsection (d) (as redesignated by subparagraph (B)), by striking ``subsections (c) and (d)'' and inserting ``subsections (b) and (c)''; (F) in paragraph (1) of subsection (e) (as redesignated by subparagraph (B)), by striking ``subsections (c) and (d)'' each place it appears and inserting ``subsections (b) and (c)''; and (G) in subsection (f) (as redesignated by subparagraph (B)), by striking ``subsections (e) and (f)'' and inserting ``subsections (d) and (e)''. (2) Section 1122(d)(1) of such Act (25 U.S.C. 2002(d)(1)) is amended-- (A) by striking ``section 1121(c)'' and inserting ``section 1121(b)''; and (B) by striking ``section 1121(e)'' and inserting ``section 1121(d)''. (3) Section 1130 of such Act (25 U.S.C. 2010) is amended-- (A) in subparagraph (B) of subsection (a)(4), by striking ``section 1121(h)'' and inserting ``section 1121(g)''; and (B) in the matter preceding subparagraph (A) of subsection (f)(1), by striking ``section 1121(k)'' and inserting ``section 1121(j)''. (4) Section 1137(a)(3) of such Act (25 U.S.C. 2017(a)(3)) is amended by striking ``sections 1121(g)'' and inserting ``sections 1121(f)''.

Amends the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council (the Council). Prohibits any Federal agency from expending Federal funds for the development or dissemination of model or national content standards, national student performance standards, or national opportunity-to-learn standards. Eliminates the requirement that the National Education Goals Panel review and approve such standards and criteria. Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants. Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.

To amend the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Postal Innovation Act''. SEC. 2. DEFINITION. In this Act, the term ``Postal Service'' means the United States Postal Service. SEC. 3. EXPANDED SERVICES. (a) Authorization of New Nonpostal Services.--Section 404(a) of title 39, United States Code, is amended-- (1) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and (2) by inserting after paragraph (5) the following: ``(6) on and after the date of enactment of the Postal Innovation Act, to provide other services that are not postal services, including financial services, warehousing, public Internet access, experimental postal products market testing, shipment of beer, wine and spirits, and community support services such as accepting passports through partnerships with State and local governments, if the provision of such services-- ``(A) uses the processing, transportation, delivery, retail network, or technology of the Postal Service; ``(B) is consistent with the public interest; and ``(C) has the potential to improve the net financial position of the Postal Service;''. (b) Governmental Services.--Section 411 of title 39, United States Code, is amended-- (1) in the second sentence, by striking ``this section'' and inserting ``this subsection''; (2) by striking ``Executive agencies'' and inserting ``(a) Federal Government.--Executive agencies''; and (3) by adding at the end the following: ``(b) State, Local, and Tribal Governments.-- ``(1) Definitions.--In this subsection-- ``(A) the term `local government' means-- ``(i) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments, or regional or interstate government entity; ``(ii) an agency or instrumentality of an entity described in clause (i); or ``(iii) a rural community, an unincorporated town or village, or an instrumentality of a rural community or an unincorporated town or village; ``(B) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and ``(C) the term `tribal government' means the government of an Indian tribe (as defined in section 4(e) of the Indian Self-Determination Act (25 U.S.C. 450b(e))). ``(2) Authority of postal service.--The Postal Service is authorized to furnish property and services to States, local governments, and tribal governments, under such terms and conditions, including the possibility for reimbursement, as the Postal Service and the applicable State, local government, or tribal government shall determine appropriate.''. (c) Pilot Program.-- (1) In general.--The Postal Service may conduct a pilot program to assess the most cost-effective implementation of providing nonpostal services to communities through public- private partnerships at post offices in 5 cities, of which-- (A) not fewer than 1 post office shall be located in a rural area; and (B) not fewer than 1 post office shall be located in an urban area. (2) Services.--The nonpostal services described in paragraph (1)-- (A) shall include-- (i) municipal broadband Internet service; (ii) public wireless broadband Internet service; and (iii) Internet voting; and (B) may include-- (i) emergency broadband Internet service; (ii) financial services; (iii) passport services; and (iv) shipment of beer, wine, and spirits. SEC. 4. UPGRADING THE FLEET OF THE POSTAL SERVICE. (a) Contracting.-- (1) In general.--The Postal Service may enter into contracts to upgrade the postal fleet to increase long-term savings by reducing collision, maintenance, fuel, or other costs. (2) Review.--In determining whether to enter into contracts under paragraph (1), the Postal Service shall review and identify routes for which the Postal Service provides delivery to determine if motor vehicles used on such routes can be replaced or retrofitted with commercially available technologies that-- (A) increase average fuel economy; (B) reduce collisions with other vehicles, pedestrians, bicycle riders, and joggers; or (C) reduce emissions of carbon dioxide. (b) Guidelines.-- (1) In general.--The Postal Service shall develop guidelines for contracted vehicles and vehicles purchased or leased for use by the Postal Service, that, at a minimum, require that-- (A) light-duty vehicles-- (i) with respect to emissions of carbon dioxide-- (I) comply with applicable standards developed by the Administrator of the Environmental Protection Agency under title II of the Clean Air Act (42 U.S.C. 7521 et seq.); and (II) are not more than, on average, 250 grams per vehicle mile; (ii) are equipped with commercially available crash avoidance technologies; and (iii) meet applicable average fuel economy standards of 34.1 miles per gallon; and (B) medium-duty and heavy-duty vehicles comply with applicable standards-- (i) for emissions of carbon dioxide developed by the Administrator of the Environmental Protection Agency under title II of the Clean Air Act (42 U.S.C. 7521 et seq.); (ii) for average fuel economy developed by the Secretary of Transportation under chapter 329 of title 49, United States Code; and (iii) for safety such that the vehicles are equipped with commercially available crash avoidance technologies. (2) Applicability.--The standards described in paragraph (1) shall apply to contracted vehicles and vehicles purchased or leased for use by the Postal Service after 1 year after the date of enactment of this Act. (c) Reduction of Consumption of Petroleum Products.--The Postal Service shall reduce the total consumption of petroleum products by vehicles in the postal fleet by not less than 2 percent annually through the end of fiscal year 2025, relative to the baseline established for fiscal year 2005. SEC. 5. INVESTING IN THE FUTURE OF THE POSTAL SERVICE. (a) Innovation.--The Postal Service may use cost savings from section 3 to reinvest in innovation, research and development, and operations of the Postal Service. (b) Safety.--The Postal Service shall use commercially available crash avoidance technologies to improve safety across the postal fleet. SEC. 6. GAO STUDY. Not later than 180 days after the date of enactment of this Act, the Comptroller General shall conduct a study on the opportunities and challenges related to the Postal Service providing access to public broadband Internet service and Internet voting that would-- (1) be based on cost-effective strategies for utilizing the infrastructure, technology, or processing, transportation, delivery, and retail networks of the Postal Service; (2) be consistent with the public interest; and (3) have the potential to improve the financial position of the Postal Service.

Postal Innovation Act This bill expands the powers of the U.S. Postal Service (USPS) by allowing it to offer nonpostal services, including financial services, warehousing, public Internet access, experimental postal products market testing, shipment of beer, wine, and spirits, and community support services. The bill also authorizes USPS to: (1) furnish property and services to states, local governments, and tribal governments; and (2) conduct a pilot program to assess the most cost-effective implementation of providing nonpostal services to communities through public-private partnerships at post offices in five cities, including at least one post office in a rural area and one in an urban area. The bill authorizes USPS to enter into contracts to upgrade its fleet of vehicles to increase long-term savings by reducing collision, maintenance, fuel, or other costs. USPS is required to develop fuel economy guidelines for its vehicles and to reduce the petroleum consumption of its vehicles by not less than 2% annually through the end of FY2025. USPS may use cost savings from offering nonpostal services to reinvest in innovation, research and development, and operations. USPS must use commercially available crash avoidance technologies to improve the safety of its vehicle fleet. The bill requires the Government Accountability Office to conduct a study on USPS providing access to public broadband Internet service and Internet voting.

Postal Innovation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cloning Prohibition Act of 2001''. SEC. 2. PROHIBITION AGAINST HUMAN CLONING. (a) In General.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended by adding at the end the following: ``CHAPTER X--HUMAN CLONING ``prohibition against human cloning ``Sec. 1001. (a) Nuclear Transfer Technology.-- ``(1) In general.--It shall be unlawful for any person-- ``(A) to use or attempt to use human somatic cell nuclear transfer technology with the intent to initiate a pregnancy; or ``(B) to ship or transport the cellular product resulting from human somatic cell nuclear transfer technology knowing that the product is intended to be used to initiate a pregnancy. ``(2) Definition.--For purposes of this section, the term `human somatic cell nuclear transfer technology' means transferring the nucleus of a human somatic cell into an egg cell from which the nucleus has been removed or rendered inert. ``(b) Rule of Construction.--This section may not be construed as applying to any of the following: ``(1) The use of somatic cell nuclear transfer technology to clone molecules, DNA, cells, or tissues. ``(2) The use of mitochondrial, cytoplasmic, or gene therapy. ``(3) The use of in vitro fertilization, the administration of fertility-enhancing drugs, or the use of other medical procedures to assist a woman in becoming or remaining pregnant. ``(4) The use of somatic cell nuclear transfer technology to clone or otherwise create animals other than humans. ``(5) Any other activity (including biomedical, microbiological, or agricultural research or practices) not expressly prohibited in subsection (a). ``(c) Registration.-- ``(1) In general.--Each individual who intends to perform human somatic cell nuclear transfer technology shall, prior to first performing such technology, register with the Secretary his or her name and place of business (except that, in the case of an individual who performed such technology before the date of the enactment of the Cloning Prohibition Act of 2001, the individual shall so register not later than 60 days after such date). The Secretary may by regulation require that the registration provide additional information regarding the identity and business locations of the individual, and information on the training and experience of the individual regarding the performance of such technology. ``(2) Attestation.--A registration under paragraph (1) shall include a statement, signed by the individual submitting the registration, declaring that the individual is aware of the prohibitions described in subsection (a) and will not engage in any violation of such subsection. ``(3) Confidentiality.--Information provided in a registration under paragraph (1) shall not be disclosed to the public by the Secretary except to the extent that-- ``(A) the individual submitting the registration has in writing authorized the disclosure; or ``(B) the disclosure does not identify such individual or any place of business of the individual. ``(d) Preemption of State Law.--This section supersedes any State or local law that-- ``(1) establishes prohibitions, requirements, or authorizations regarding human somatic cell nuclear transfer technology that are different than, or in addition to, those established in subsection (a) or (c); or ``(2) with respect to humans, prohibits or restricts research regarding or practices constituting-- ``(A) somatic cell nuclear transfer; ``(B) mitochondrial or cytoplasmic therapy; or ``(C) the cloning of molecules, DNA, cells, tissues, or organs; except that this subsection does not apply to any State or local law that was in effect as of the day before the date of the enactment of the Cloning Prohibition Act of 2001. ``(e) Sunset.--This section and section 301(bb) do not apply to any activity described in subsection (a) that occurs on or after the expiration of the 10-year period beginning on the date of the enactment of the Cloning Prohibition Act of 2001. ``(f) Right of Action.--This section may not be construed as establishing any private right of action.''. (b) Prohibited Acts.-- (1) In general.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(bb) The violation of section 1001(a), or the failure to register in accordance with section 1001(c).''. (2) Criminal penalty.--Section 303(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding at the end the following: ``(7) Notwithstanding subsection (a), any person who violates section 301(bb) shall be imprisoned not more than 10 years or fined in accordance with title 18, United States Code, or both.''. (3) Civil penalty.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following: ``(h)(1) Any person who violates section 301(bb) shall be liable to the United States for a civil penalty in an amount not to exceed the greater of-- ``(A) $1,000,000; or ``(B) an amount equal to the amount of any gross pecuniary gain derived from such violation multiplied by 2. ``(2) Paragraphs (3) through (5) of subsection (g) apply with respect to a civil penalty under paragraph (1) of this subsection to the same extent and in the same manner as such paragraphs (3) through (5) apply with respect to a civil penalty under paragraph (1) or (2) of subsection (g).''. (4) Forfeiture.--Section 303 of the Federal Food, Drug, and Cosmetic Act, as amended by paragraph (3), is amended by adding at the end the following: ``(i) Any property, real or personal, derived from or used to commit a violation of section 301(bb), or any property traceable to such property, shall be subject to forfeiture to the United States.''. SEC. 3. STUDY BY INSTITUTE OF MEDICINE. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall request the Institute of Medicine to enter into an agreement with the Secretary under which such Institute conducts a study to-- (1) review the current state of knowledge about the biological properties of stem cells obtained from embryos, fetal tissues, and adult tissues; (2) evaluate the current state of knowledge about biological differences among stem cells obtained from embryos, fetal tissues, and adult tissues and the consequences for research and medicine; and (3) assess what is currently known about the ability of stem cells to generate neurons, heart, kidney, blood, liver and other tissues and the potential clinical uses of these tissues. (b) Other Entities.--If the Institute of Medicine declines to conduct the study described in subsection (a), the Secretary shall enter into an agreement with another appropriate public or nonprofit private entity to conduct the study. (c) Report.--The Secretary shall ensure that, not later than three years after the date of the enactment of this Act, the study required in subsection (a) is completed and a report describing the findings made in the study is submitted to the Committee on Energy and Commerce in the House of Representatives and the Committee on Health, Education, Labor, and Pensions in the Senate.

Cloning Prohibition Act of 2001 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit any person from: (1) using or attempting to use human somatic cell nuclear transfer technology with the intent to initiate a pregnancy; or (2) shipping or transporting the cellular product resulting from such technology knowing that it is intended for such use.Sets forth registration requirements for individuals who intend to perform human somatic cell nuclear transfer technology, including attesting that such prohibitions will not be violated.Directs the Secretary of Health and Human Services to request the Institute of Medicine to enter into an agreement to conduct a study to: (1) review the current state of knowledge about the biological properties of stem cells obtained from embryos and fetal and adult tissues; (2) evaluate the current state of knowledge about biological differences among stem cells obtained from embryos and fetal and adult tissues and the consequences for research and medicine; and (3) assess what is currently known about the ability of stem cells to generate neurons, heart, kidney, blood, liver, and other tissues and the potential clinical uses of these tissues.

To amend the Federal Food, Drug, and Cosmetic Act with respect to the cloning of humans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tobacco Sales Enforcement Act''. SEC. 2. REVISION OF ACT OF OCTOBER 19, 1949. The Act of October 19, 1949, entitled ``An Act to assist States in collecting sales and use taxes on cigarettes'' (15 U.S.C. 375 et seq.) is amended by striking ``That for the purposes of this Act'' and all that follows through the end of the Act and inserting the following: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Jenkins Act'. ``SEC. 2. INTERSTATE SALES OF CIGARETTES AND SMOKELESS TOBACCO. ``(a) Compliance With Laws.-- ``(1) Each person who engages in an interstate sale of cigarettes or smokeless tobacco or in an interstate distribution of cigarettes or smokeless tobacco shall comply with all the excise, sales, and use tax laws applicable to the sale or other transfer of cigarettes or smokeless tobacco in the State and place in which the cigarettes or smokeless tobacco are delivered as though the person were physically located in that State or place. ``(2) Unless the law of the State and place in which cigarettes or smokeless tobacco are delivered pursuant to an interstate sale requires otherwise for the payment of an excise tax imposed on that sale, the cigarettes or smokeless tobacco may not be delivered to the buyer unless in advance of the delivery-- ``(A) the excise tax has been paid; and ``(B) any required stamps or other indicia that the excise tax has been paid are properly affixed or applied to the cigarettes or smokeless tobacco. ``(3)(A) Each State may compile a list of interstate sellers of cigarettes or smokeless tobacco who are in compliance with this Act with respect to that State. If a State posts a list pursuant to this subsection, no person may knowingly make an interstate distribution of cigarettes or smokeless tobacco into that State other than to a person engaged in the business of manufacturing, distributing or selling cigarettes or smokeless tobacco unless the person initiating or ordering the delivery is on the list at the time of delivery. ``(B) Each State may also compile a list of interstate sellers of cigarettes or smokeless tobacco who are not in compliance with this Act with respect to that State. If a State posts a list pursuant to this subsection, no person make an interstate distribution of any item into that State for a person on the list unless-- ``(i) the person in good faith determines that the item does not include cigarettes or smokeless tobacco; or ``(ii) the delivery is made to a person engaged in the business of manufacturing, distributing or selling cigarettes or smokeless tobacco. ``(b) Recordkeeping and Reporting.--Each person who engages in an interstate sale of cigarettes or smokeless tobacco, or who advertises, or offers to engage in, such a sale, shall-- ``(1) first file with the tobacco tax administrator of the State and place in which the cigarettes or smokeless tobacco are to be offered, advertised, or delivered, a statement setting forth the person's name and trade name (if any), and the address of that person's principal place of business and any other place of business, as well as telephone numbers for each place of business, a principal electronic mail address, any website addresses, and the name, address and telephone number of an agent authorized to accept service on behalf of that person; ``(2) not later than the 10th day of each calendar month, file with that tobacco tax administrator a memorandum or copy of the invoice covering each and every interstate sale of cigarettes or smokeless tobacco by the filer into that State or place, and each interstate distribution of cigarettes or smokeless tobacco pursuant to that sale, during the previous calendar month, and such memorandum or invoice shall include the name and address of the person to whom the cigarettes or smokeless tobacco are delivered, the brand, and the type, the quantity delivered, and the name, address, and phone number of the person delivering; and ``(3) maintain records, including the information specified in paragraph (2), for not less than 5 years after the date of an interstate sale of cigarettes or smokeless tobacco and of each interstate distribution of cigarettes or smokeless tobacco pursuant to that sale, and make those records available for inspection upon the lawful demand of the Attorney General of the United States, an Attorney General of a State, the Commissioner of Internal Revenue, or the chief tax collection official of a State. ``(c) Deeming Rule.--For the purposes of this section-- ``(1) an interstate sale or delivery of cigarettes or smokeless tobacco shall be deemed to have occurred in the State and place where the buyer obtains personal possession of the cigarettes or smokeless tobacco; and ``(2) a delivery pursuant to an interstate sale is deemed to have been initiated or ordered by the seller. ``SEC. 3. CIVIL ACTION. ``(a) In General.--In addition to any other remedies available under other Federal or State or local law, the Attorney General of a State may in a civil action obtain any appropriate relief, including money damages where appropriate, against-- ``(1) any person who violates, or is about to engage in a violation of, section 2; or ``(2) any person who knowingly assists or participates, or knowingly is about to engage, in such a violation. ``(b) Notice.--It is the sense of Congress that, if the Attorney General of a State commences a civil action under subsection (a), that Attorney General should inform the Attorney General of the United States, and that the Attorney General of the United States should make information about the case publicly available, through posting the information on the Internet and through other means. ``SEC. 4. CIVIL PENALTY. ``Whoever violates section 2 is subject to a civil penalty not to exceed $5,000 in the case of a first violation, and not to exceed $10,000 in any other case. ``SEC. 5. CRIMINAL PENALTY. ``Whoever violates section 2 shall be fined under title 18, United States Code, or imprisoned not more than 6 months, or both. ``SEC. 6. NONPREEMPTION. ``This Act does not limit the remedies provided by State or Federal law with respect to alleged violations of State or Federal law relating to a sale or distribution of cigarettes or smokeless tobacco, in connection with an interstate sale or distribution of cigarettes or smokeless tobacco. ``SEC. 7. DEFINITIONS. ``As used in this Act-- ``(1) the term `Attorney General', with respect to a State, means the chief law enforcement officer of that State, or the designee of that officer; ``(2) the term `cigarette' means-- ``(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco which is to be burned; ``(B) any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling is likely to be offered to, or purchased by consumers as a cigarette described in subparagraph (A); ``(C) any roll of tobacco wrapped in any substance that because of its appearance, the type of tobacco used in the filler, or its packaging or labeling is likely to be offered to, or purchased by consumers as a cigarette; or ``(D) loose rolling tobacco that, because of its appearance, type, packaging, or labeling, is likely to be offered to, or purchased by, consumers as tobacco for making cigarettes; ``(3) the term `smokeless tobacco' has the meaning given that term in section 9 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4408); ``(4) the term `interstate sale of cigarettes or smokeless tobacco' means any sale of cigarettes or smokeless tobacco in interstate or foreign commerce to a person, other than a person licensed as a distributor in the State where the cigarettes or smokeless tobacco is delivered, in which the buyer is either not in the seller's physical presence at the time the request for purchase is made or not in the seller's physical presence at the time the buyer obtains personal possession of the cigarettes or smokeless tobacco; ``(5) the term `interstate or foreign commerce' means commerce between a State and any place outside that State, commerce between a State and any Indian lands in that State, or commerce between points in the same State but through any place outside that State; ``(6) the term `interstate distribution of cigarettes or smokeless tobacco' means a delivery or other distribution of cigarettes or smokeless tobacco pursuant to an interstate sale of cigarettes or smokeless tobacco; ``(7) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; ``(8) the term `person' means an individual, a corporation, company, association, firm, partnership, society, joint stock company, an Indian tribal organization, or an Indian tribal government; ``(9) the term `tribal organization' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); and ``(10) the term `Indian lands' has the meaning given that term in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb).''. SEC. 3. EFFECTIVE DATE. The amendment made by this Act shall take effect on the first day of the first month beginning on or after 60 days after the date of the enactment of this Act.

Internet Tobacco Sales Enforcement Act - Amends the Jenkins Act to require each person who engages in an interstate sale of cigarettes or smokeless tobacco or in an interstate distribution of cigarettes or smokeless tobacco to comply with all the excise, sales, and use tax laws applicable to the sale or other transfer of cigarettes or smokeless tobacco in the State and place in which the cigarettes or smokeless tobacco are delivered. Prohibits the cigarettes or smokeless tobacco from being delivered to the buyer unless in advance of the delivery the excise tax has been paid and any required stamps or other indicia that such tax has been paid are properly affixed or applied, with an exception. Authorizes a State Attorney General to bring a civil action to obtain any appropriate relief, including money damages where appropriate, against any person who violates such prohibition or who knowingly assists or participates in such a violation. Expresses the sense of Congress that any State Attorney General who commences such a civil action should inform the U.S. Attorney General who should make information about the case publicly available. Authorizes civil penalties for violations. Eliminates the $1,000 criminal penalty limitation. Declares that the Act does not limit the remedies provided by State or Federal law with respect to alleged violations relating to a sale or distribution of cigarettes or smokeless tobacco in connection with an interstate sale or distribution of cigarettes or smokeless tobacco.

To revise and reform the Act commonly called the Jenkins Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bulletproof Vest Partnership Grant Act of 1997''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) too many law enforcement officers die, while protecting the public, as a result of gunshot wounds; (2) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were feloniously killed in the line of duty; (3) more than 92 percent of such law enforcement officers were killed by firearms; (4) the number of law enforcement officers who die as a result of gunshot wounds has declined significantly since the introduction of modern bulletproof material; (5) according to studies, between 1985 and 1994, bullet resistant materials helped save the lives of more than 2,000 law enforcement officers in the United States; and (6) the number of law enforcement officers who are killed in the line of duty would significantly decrease if every law enforcement officer in the United States has access to an armor vest. (b) Purpose.--The purpose of this Act is to save lives of law enforcement officers by helping State and local law enforcement departments provide officers with armor vests. SEC. 3. PROGRAM AUTHORIZED. (a) Grant Authorization.--The Director of the Bureau of Justice Assistance is authorized to make grants to States or units of local government to purchase armor vests for use by law enforcement officers. (b) Uses of Funds.--Awards shall be distributed directly to the State or unit of local government and shall be used for the purchase of not more than 1 armor vest for each police officer in a jurisdiction. (c) Preferential Consideration.--In awarding grants under this Act, the Director of the Bureau of Justice Assistance may give preferential consideration, where feasible, to applications from jurisdictions that-- (1) have the greatest need for armor vests based on the percentage of officers in the department who do not have access to a vest; (2) have a mandatory wear policy that requires on-duty officers to wear armor vests whenever feasible; and (3) have a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation. (d) Minimum Amount.--Unless all applications submitted by any State or unit of local government pursuant to subsection (a) have been funded, each qualifying State or unit of local government shall be allocated in each fiscal year pursuant to subsection (a) not less than 0.25 percent of the total amount appropriated in the fiscal year for grants pursuant to that subsection. (e) Maximum Amount.--A qualifying State or unit of local government may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants pursuant to subsection (a). (f) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent, unless the Director of the Bureau of Justice Assistance determines a case of fiscal hardship and waives, wholly or in part, the requirement under this subsection of a non-Federal contribution to the costs of a program. (g) Allocation of Funds.--At least half of the funds awarded under this program shall be allocated to units of local government with fewer than 100,000 residents. SEC. 4. APPLICATIONS. (a) State Applications.--To request a grant under this Act, the chief executive of a State shall submit an application to the Director of the Bureau of Justice Assistance, signed by the Attorney General of the State requesting the grant, in such form and containing such information as the Director may reasonably require. (b) Local Applications.-- To request a grant under this Act, the chief executive of a unit of local government shall submit an application to the Director of the Bureau of Justice Assistance, signed by the chief law enforcement officer of the unit of local government requesting the grant, in such form and containing such information as the Director may reasonably require. (c) Renewal.--A State or unit of local government is eligible to receive a grant under this Act every 3 years. (d) Regulations.--Not later than 90 days after the date of enactment of this Act, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States and units of local government must meet) in submitting the applications required under this section. SEC. 5. PROHIBITION OF PRISON INMATE LABOR. Any State or unit of local government that receives financial assistance provided using funds appropriated or otherwise made available by this Act may not purchase equipment or products manufactured using prison inmate labor. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) The term ``armor vest'' means-- (A) body armor which has been tested through the voluntary compliance testing program operated by the National Law Enforcement and Corrections Technology Center of the National Institute of Justice (NIJ), and found to comply with the requirements of NIJ Standard 0101.03, or any subsequent revision of such standard; or (B) body armor which exceeds the specifications stated in subparagraph (A), and which the law enforcement officer's agency or department permits the officer to wear on duty. (2) The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, American Samoa, and the Northern Mariana Islands. (3) The term ``qualifying State or unit of local government'' means any State or unit of local government which has submitted an application for a grant, or in which an eligible entity has submitted an application for a grant, which meets the requirements prescribed by the Director of the Bureau of Justice Assistance and the conditions set out in section 3. SEC. 7. AUTHORIZATION FOR APPROPRIATIONS. There are authorized to be appropriated $25,000,000 for each fiscal year to carry out this program. SEC. 8. SENSE OF THE CONGRESS. In the case of any equipment or products that may be authorized to be purchased with financial assistance provided using funds appropriated or otherwise made available by this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products.

Bulletproof Vest Partnership Grant Act of 1998 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to: (1) make grants to States, units of local government, and Indian tribes to purchase armor vests for use by State, local, and tribal law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have the greatest need, have or will institute a mandatory wear policy, have a violent crime rate at or above the national average, or have not received a block grant under the Local Law Enforcement Block Grant Program. Sets forth provisions regarding: (1) minimum and maximum apportionments; (2) 50 percent matching funds (and specifies that any funds appropriated by the Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on Indian lands may be used to provide the non-Federal share of a matching requirement funded under this Act); (3) the allocation of at least half the funds to units of local government with fewer than 100,000 residents; and (4) applications and eligibility requirements;. Authorizes appropriations. (Sec. 4) Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products.

Bulletproof Vest Partnership Grant Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contracting and Tax Accountability Act of 2008''. SEC. 2. GOVERNMENTAL POLICY. It is the policy of the United States Government that no Government contracts or grants should be awarded to individuals or companies with seriously delinquent Federal tax debts. SEC. 3. PROHIBITION ON AWARDING OF CONTRACTS TO DELINQUENT FEDERAL DEBTORS. Section 3720B of title 31, United States Code, is amended-- (1) in the section heading, by adding at the end ``or contracts''; (2) by adding at the end the following: ``(c)(1) Unless this subsection is waived by the head of a Federal agency, a person who has a seriously delinquent tax debt shall be proposed for debarment from any contract awarded by the Federal Government. ``(2) The head of any Federal agency that issues an invitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11)) shall require each person that submits a bid or proposal to submit with the bid or proposal a form-- ``(A) certifying that the person does not have a seriously delinquent tax debt; and ``(B) authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the person has a seriously delinquent tax debt. ``(3) The Secretary shall make available to all Federal agencies a standard form for the certification and authorization described in paragraph (2). ``(4) Not later than 270 days after the date of enactment of this subsection, the Federal Acquisition Regulation shall be revised to incorporate the requirements of this subsection. ``(5) For purposes of this subsection: ``(A) The term `contract' means a binding agreement entered into by a Federal agency for the purpose of obtaining property or services, but does not include-- ``(i) a contract designated by the head of the agency as assisting the agency in the performance of disaster relief authorities; or ``(ii) a contract designated by the head of the agency as necessary to the national security of the United States. ``(B)(i) The term `person' includes-- ``(I) an individual; ``(II) a partnership; and ``(III) a corporation. ``(ii) A partnership shall be treated as a person with a seriously delinquent tax debt if such partnership has a partner who-- ``(I) holds an ownership interest of 50 percent or more in that partnership; and ``(II) who has a seriously delinquent tax debt. ``(iii) A corporation shall be treated as a person with a seriously delinquent tax debt if such corporation has an officer or a shareholder who-- ``(I) holds 50 percent or more, or a controlling interest that is less than 50 percent, of the outstanding shares of corporate stock in that corporation; and ``(II) who has a seriously delinquent tax debt. ``(C)(i) The term `seriously delinquent tax debt' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code. ``(ii) Such term does not include-- ``(I) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; and ``(II) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending.''. SEC. 4. PROHIBITION ON AWARDING OF GRANTS TO DELINQUENT FEDERAL DEBTORS. (a) In General.--The head of any Executive agency that offers a grant in excess of an amount equal to the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11)) may not award such grant to any person unless such person submits with the application for such grant a form-- (1) certifying that the person does not have a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the Executive agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Release of Information.--The Secretary shall make available to all Executive agencies a standard form for the certification and authorization described in subsection (a)(2). (c) Revision of Regulations.--Not later than 270 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall revise such regulations as necessary to incorporate the requirements of this section. (d) Definitions and Special Rules.--For purposes of this section: (1) Person.-- (A) In general.--The term ``person'' includes-- (i) an individual; (ii) a partnership; and (iii) a corporation. (B) Treatment of certain partnerships.--A partnership shall be treated as a person with a seriously delinquent tax debt if such partnership has a partner who-- (i) holds an ownership interest of 50 percent or more in that partnership; and (ii) who has a seriously delinquent tax debt. (C) Treatment of certain corporations.--A corporation shall be treated as a person with a seriously delinquent tax debt if such corporation has an officer or a shareholder who-- (i) holds 50 percent or more, or a controlling interest that is less than 50 percent, of the outstanding shares of corporate stock in that corporation; and (ii) who has a seriously delinquent tax debt. (2) Executive agency.--The term ``executive agency'' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (3) Seriously delinquent tax debt.-- (A) In general.--The term ``seriously delinquent tax debt'' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code. (B) Exceptions.--Such term does not include-- (i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; and (ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending. Passed the House of Representatives April 14, 2008. Attest: LORRAINE C. MILLER, Clerk.

Contracting and Tax Accountability Act of 2008 - Establishes a policy that no U.S. government contracts or grants should be awarded to individuals or companies with seriously delinquent tax debts. Requires a person who has such a debt to be proposed for debarment from any federal government contract unless such requirement is waived by a federal agency head. Requires an agency head that issues an invitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold to require prospective contractors to: (1) certify that they do not have such a debt; and (2) authorize the Secretary of the Treasury to disclose information describing whether they have such a debt. Exempts contracts designated by agency heads as assisting the agency in the performance of disaster relief authorities or as necessary to national security. Prohibits the head of an agency offering a grant exceeding such threshold from awarding it to a person who does not submit such certification and authorization. Requires the Federal Acquisition Regulation and regulations governing grants to be revised to require such certification and authorization. Defines "seriously delinquent tax debt" as an outstanding tax debt for which a notice of lien has been filed in public records. Excludes a tax debt: (1) that is being paid in a timely manner pursuant to an installment agreement; or (2) for which a collection due process hearing, or for which relief from liability for a tax deficiency applicable to joint filers, is requested or pending.

To prohibit the awarding of a contract or grant in excess of the simplified acquisition threshold unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that the contractor or grantee has no seriously delinquent tax debts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Safety Act of 2001''. SEC. 2. PUBLIC DISCLOSURE OF STAFFING AND OUTCOMES DATA. (a) Disclosure of Staffing and Outcomes.--Any provider under the medicare program shall, as a condition of continued participation in such program, make publicly available information regarding nurse staffing and patient outcomes as specified by the Secretary. Such information shall include at least the following: (1) The number of registered nurses providing direct care. This information shall be expressed both in raw numbers, in terms of total hours of nursing care per patient (including adjustment for case mix and acuity), and as a percentage of nursing staff, and shall be broken down in terms of the total nursing staff, each unit, and each shift. (2) The number of licensed practical nurses or licensed vocational nurses providing direct care. This information shall be expressed both in raw numbers, in terms of total hours of nursing care per patient (including adjustment for case mix and acuity), and as a percentage of nursing staff, and shall be broken down in terms of the total nursing staff, each unit, and each shift. (3) Numbers of unlicensed personnel utilized to provide direct patient care. This information shall be expressed both in raw numbers and as a percentage of nursing staff and shall be broken down in terms of the total nursing staff, each unit, and each shift. (4) The average number of patients per registered nurse providing direct patient care. This information shall be broken down in terms of the total nursing staff, each unit, and each shift. (5) Risk-adjusted patient mortality rate (in raw numbers and by diagnosis or diagnostic-related group). (6) Incidence of adverse patient care incidents, including as such incidents at least medication errors, patient injury, pressure ulcers, nosocomial infections, and nosocomial urinary tract infections. (7) Methods used for determining and adjusting staffing levels and patient care needs and the provider's compliance with these methods. (b) Disclosure of Complaints.--Data regarding complaints filed with the State agency, the Health Care Financing Administration, or an accrediting agency, compliance with the standards of which have been deemed to demonstrate compliance with conditions of participation under the medicare program, and data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits, shall be made publicly available. (c) Information on Data.--All data made publicly available under this section shall indicate the source and currency of the data provided. (d) Waiver for Small Providers.--The Secretary may waive or reduce reporting requirements under this section in the case of a small provider (as defined by the Secretary) for whom the imposition of the requirements would be unduly burdensome. (e) Definitions.--For purposes of this section: (1) Licensed practical nurse or licensed vocational nurse.--The term ``licensed practical nurse or licensed vocational nurse'' means an individual who is entitled under State law or regulation to practice as a licensed practical nurse or a licensed vocational nurse. (2) Made publicly available.--The term ``made publicly available'' means, with respect to information of a provider, information that is-- (A) provided to the Secretary and to any State agency responsible for licensing or accrediting the provider; (B) provided to any State agency which approves or oversees health care services delivered by the provider directly or through an insuring entity or corporation; and (C) provided to any member of the public which requests such information directly from the provider. (3) Medicare program.--The term ``medicare program'' means the programs under title XVIII of the Social Security Act. (4) Provider.--The term ``provider'' means an entity that is-- (A) a psychiatric hospital described in section 1861(f) of the Social Security Act (42 U.S.C. 1395x(f)); (B) a provider of services described in section 1861(u) of such Act (42 U.S.C. 1395x(u)); (C) a rural health clinic described in section 1861(aa)(2) of such Act (42 U.S.C. 1395x(aa)(2)); (D) an ambulatory surgical center described in section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 1395k(a)(2)(F)(i)); or (E) a renal dialysis facility described in section 1881(b)(1)(A) of such Act (42 U.S.C. 1395rr(b)(1)(A)). (5) Registered nurse.--The term ``registered nurse'' means an individual who is entitled under State law or regulation to practice as a registered nurse. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Patient Safety Act of 2001 - Requires providers under title XVIII (Medicare) of the Social Security Act, as a condition for continued participation in the Medicare program, to make publicly available certain minimum information specified by the Secretary of Health and Human Services regarding nurse staffing and patient outcomes.Requires the following to be made public along with its source and currency status: (1) data regarding complaints filed with the State agency with oversight over health care services, the Health Care Financing Administration, or a provider accrediting agency; (2) compliance with the standards deemed to demonstrate compliance with conditions of Medicare participation; and (3) data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits.

To require Medicare providers to disclose publicly staffing and performance in order to promote improved consumer information and choice.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiple Peril Insurance Act of 2007''. SEC. 2. FLOOD AND WINDSTORM MULTIPERIL COVERAGE. Section 1304 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: ``(c) Multiperil Coverage for Damage From Flood or Windstorm.-- ``(1) In general.--The national flood insurance program established pursuant to subsection (a) shall enable the purchase of optional insurance against loss resulting from physical damage to or loss of real property or personal property related thereto located in the United States arising from any flood or windstorm, subject to the limitations in this subsection and section 1306(b). ``(2) Community participation requirement.--Multiperil coverage pursuant to this subsection may not be provided in any area (or subdivision thereof) unless an appropriate public body shall have adopted adequate land use and control measures (with effective enforcement provisions) which the Director finds are consistent with the comprehensive criteria for land management and use relating to windstorms establish pursuant to section 1361(d)(2). ``(3) Prohibition against duplicative coverage.--Multiperil coverage pursuant to this subsection may not be provided with respect to any structure (or the personal property related thereto) for any period during which such structure is covered, at any time, by flood insurance coverage made available under this title. ``(4) Nature of coverage.--Multiperil coverage pursuant to this subsection shall-- ``(A) cover losses only from physical damage resulting from flooding or windstorm; and ``(B) provide for approval and payment of claims under such coverage upon proof that such loss must have resulted from either windstorm or flooding, but shall not require for approval and payment of a claim that the specific cause of the loss, whether windstorm or flooding, be distinguished or identified. ``(5) Actuarial rates.--Multiperil coverage pursuant to this subsection shall be made available for purchase for a property only at chargeable risk premium rates that, based on consideration of the risks involved and accepted actuarial principles, and including operating costs and allowance and administrative expenses, are required in order to make such coverage available on an actuarial basis for the type and class of properties covered. ``(6) Terms of coverage.--The Director shall, after consultation with persons and entities referred to in section 1306(a), provide by regulation for the general terms and conditions of insurability which shall be applicable to properties eligible for multiperil coverage under this subsection, subject to the provisions of this subsection, including-- ``(A) the types, classes, and locations of any such properties which shall be eligible for such coverage, which shall include residential and nonresidential properties; ``(B) subject to paragraph (7), the nature and limits of loss or damage in any areas (or subdivisions thereof) which may be covered by such coverage; ``(C) the classification, limitation, and rejection of any risks which may be advisable; ``(D) appropriate minimum premiums; ``(E) appropriate loss deductibles; and ``(F) any other terms and conditions relating to insurance coverage or exclusion that may be necessary to carry out this subsection. ``(7) Limitations on amount of coverage.--The regulations issued pursuant to paragraph (6) shall provide that the aggregate liability under multiperil coverage made available under this subsection shall not exceed the lesser of the replacement cost for covered losses or the following amounts, as applicable: ``(A) Residential structures.--In the case of residential properties-- ``(i) for any single-family dwelling, $500,000; and ``(ii) for any structure containing more than one dwelling unit, $500,000 for each separate dwelling unit in the structure; and ``(iii) $150,000 per dwelling unit for-- ``(I) any contents related to such unit; and ``(II) any necessary increases in living expenses incurred by the insured when losses from flooding or windstorm make the residence unfit to live in. ``(B) Nonresidential properties.--In the case of nonresidential properties (including church properties)-- ``(i) $1,000,000 for any single structure; and ``(ii) $750,000 for-- ``(I) any contents related to such structure; ``(II) in the case of any nonresidential property that is a business property, any losses resulting from any partial or total interruption of the insured's business caused by damage to, or loss of, such property from flooding or windstorm, except that for purposes of such coverage, losses shall be determined based on the profits the covered business would have earned, based on previous financial records, had the flood or windstorm not occurred.''. SEC. 3. PROHIBITION AGAINST DUPLICATIVE COVERAGE. The National Flood Insurance Act of 1968 is amended by inserting after section 1313 (42 U.S.C. 4020) the following new section; ``prohibition against duplicative coverage ``Sec. 1314. Flood insurance under this title may not be provided with respect to any structure (or the personal property related thereto) for any period during which such structure is covered, at any time, by multiperil insurance coverage made available pursuant to section 1304(c).''. SEC. 4. COMPLIANCE WITH STATE AND LOCAL LAW. Section 1316 of the National Flood Insurance Act of 1968 (42 U.S.C. 4023) is amended-- (1) by inserting ``(a) Flood Protection Measures.--'' before ``No new''; and (2) by adding at the end the following new subsection: ``(b) Windstorm Protection Measures.--No new multiperil coverage shall be provided under section 1304(c) for any property that the Director finds has been declared by a duly constituted State or local zoning authority, or other authorized public body to be in violation of State or local laws, regulations, or ordinances, which are intended to reduce damage caused by windstorms.''. SEC. 5. CRITERIA FOR LAND MANAGEMENT AND USE. Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102) is amended by adding at the end the following new subsection: ``(d) Windstorms.-- ``(1) Studies and investigations.--The Director shall carry out studies and investigations under this section to determine appropriate measures in windstorm-prone areas as to land management and use, windstorm zoning, and windstorm damage prevention, and may enter into contracts, agreements, and other appropriate arrangements to carry out such activities. Such studies and investigations shall include laws, regulations, and ordinance relating to the orderly development and use of areas subject to damage from windstorm risks, and zoning building codes, building permits, and subdivision and other building restrictions for such areas. ``(2) Criteria.--On the basis of the studies and investigations pursuant to paragraph (1) and such other information as may be appropriate, the Direct shall establish comprehensive criteria designed to encourage, where necessary, the adoption of adequate State and local measures which, to the maximum extent feasible, will assist in reducing damage caused by windstorms. ``(3) Coordination with state and local governments.--The Director shall work closely with and provide any necessary technical assistance to State, interstate, and local governmental agencies, to encourage the application of criteria established under paragraph (2) and the adoption and enforcement of measures referred to in such paragraph .''. SEC. 6. DEFINITIONS. Section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121) is amended-- (1) in paragraph (14), by striking ``and'' at the end; (2) in paragraph (15) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(16) the term `windstorm' means any hurricane, tornado, cyclone, typhoon, or other wind event.''.

Multiple Peril Insurance Act of 2007 - Amends the National Flood Insurance Act of 1968 to require the national flood insurance program to enable the purchase of optional insurance against loss resulting from physical damage to or loss of real or related personal property located in the United States arising from any flood or windstorm (any hurricane, tornado, cyclone, typhoon, or other wind event). Restricts multiperil coverage to areas (or their subdivisions) where an appropriate public body has adopted adequate land use and control measures, including effective enforcement provisions, which the Administrator of the Federal Emergency Management Agency (FEMA) finds are consistent with certain statutory criteria for land management and use relating to windstorms. Prohibits provision of multiperil coverage to any structure (or related personal property ) covered, at any time, by flood insurance under the Act. Prescribes the nature and terms of coverage, and actuarial rates. Prohibits new multiperil coverage for property declared by a duly constituted governmental authority to be in violation of state or local laws, regulations, or ordinances intended to reduce windstorm damage.

To amend the National Flood Insurance Act of 1968 to provide for the national flood insurance program to make available multiperil coverage for damage resulting from windstorms or floods, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Real Property Disposal Enhancement Act of 2008''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) In January 2003, the Government Accountability Office identified Federal real property as a high-risk area, citing excess property as a long-standing problem. (2) The magnitude of the problem with excess Federal real property continues to put the government at risk for lost dollars and missed opportunities. (3) The Administration has stated its goal is to reduce the size of the Federal real property inventory by 5 percent, or $15 billion, by disposing of unneeded assets by 2015. (4) The Federal inventory includes many properties that are no longer relevant to agencies' missions and agencies are spending billions of dollars to maintain these unneeded properties. (5) The costs of preparing a property for transfer or sale continue to hamper some agencies' efforts to address their unneeded properties and serve as a disincentive to disposal because, in the short-term, it can be more beneficial economically to maintain a property that is not being used than to dispose of it. (6) Agencies should give greater attention to right-sizing their real property portfolios. (b) Purpose.--The purpose of this Act is to reduce the Federal inventory of unneeded and costly property. SEC. 3. DUTIES OF THE GENERAL SERVICES ADMINISTRATION AND EXECUTIVE AGENCIES. (a) In General.--Section 524 of title 40, United States Code, is amended to read as follows: ``Sec. 524. Duties of the General Services Administration and executive agencies ``(a) Duties of the General Services Administration.-- ``(1) Guidance.--The Administrator shall issue guidance for the development and implementation of agency real property plans. Such guidance shall include recommendations on-- ``(A) how to identify excess properties; ``(B) how to evaluate the costs and benefits involved with disposing of real property; ``(C) how to prioritize disposal decisions based on agency missions and anticipated future need for holdings; and ``(D) how best to dispose of those properties identified as excess to the needs of the agency. ``(2) Annual report.--The Administrator shall submit an annual report, for each of the first 5 years after 2008, to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, based on data submitted from all executive agencies, detailing executive agency efforts to reduce their real property assets. ``(3) Assistance.--The Administrator shall assist executive agencies in the identification and disposal of excess real property. ``(b) Duties of Executive Agencies.-- ``(1) In general.--Each executive agency shall-- ``(A) maintain adequate inventory controls and accountability systems for property under its control; ``(B) continuously survey property under its control to identify excess property; ``(C) promptly report excess property to the Administrator; ``(D) perform the care and handling of excess property; and ``(E) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator. ``(2) Specific requirements with respect to real property.--With respect to real property, each executive agency shall-- ``(A) develop and implement a real property plan in order to identify properties to declare as excess using the guidance issued under subsection (a)(1); ``(B) identify and categorize all real property owned, leased, or otherwise managed by the agency; ``(C) establish adequate goals and incentives that lead the agency to reduce excess real property in its inventory; ``(D) when appropriate, use the authorities in section 572(a)(2)(B) of this title in order to identify and prepare real property to be reported as excess. ``(3) Additional requirements.--Each executive agency, as far as practicable, shall-- ``(A) reassign property to another activity within the agency when the property is no longer required for the purposes of the appropriation used to make the purchase; ``(B) transfer excess property under its control to other Federal agencies and to organizations specified in section 321(c)(2) of this title; and ``(C) obtain excess properties from other Federal agencies to meet mission needs before acquiring non- Federal property.''. (b) Clerical Amendment.--The item relating to section 524 in the table of sections at the beginning of chapter 5 of such title is amended to read as follows: ``524. Duties of the General Services Administration and executive agencies.''. SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO PREPARING PROPERTIES TO BE REPORTED AS EXCESS. Section 572(a)(2) of title 40, United States Code, is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) Additional authority.--(i) From the fund described in paragraph (1), subject to clause (iv), the Administrator may obligate an amount to pay the direct and indirect costs related to identifying and preparing properties to be reported excess by another agency. ``(ii) The General Services Administration may be reimbursed from the proceeds of the sale of such properties for such costs. ``(iii) Net proceeds shall be dispersed pursuant to section 571 of this title. ``(iv) The authority under clause (i) to obligate funds to prepare properties to be reported excess does not include the authority to convey such properties by sale, lease, exchange, or otherwise, including through leaseback arrangements. ``(v) Nothing in this subparagraph is intended to affect subparagraph (D).''. SEC. 5. ENHANCED AUTHORITIES WITH REGARD TO REVERTED REAL PROPERTY. (a) Authority to Pay Expenses Related to Reverted Real Property.-- Section 572(a)(2)(A) of title 40, United States Code, is amended by adding at the end the following: ``(iv) The direct and indirect costs associated with the reversion, custody, and disposal of reverted real property.''. (b) Requirements Related to Sales of Reverted Property Under Section 550.--Section 550(b)(1) of title 40, United States Code, is amended-- (1) by inserting ``(A)'' after ``(1) In general.--''; and (2) by adding at the end the following: ``If the official, in consultation with the Administrator, recommends reversion of the property, the Administrator shall take control of such property, and, subject to subparagraph (B), sell it at or above appraised fair market value for cash and not by lease, exchange, or leaseback arrangements. ``(B) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 553 and 554 of this title.''. (c) Requirements Related to Sales of Reverted Property Under Section 553.--Section 553(e) of title 40, United States Code, is amended-- (1) by inserting ``(1)'' after ``This Section.--''; and (2) by adding at the end the following: ``If the Administrator determines that reversion of the property is necessary to enforce compliance with the terms of the conveyance, the Administrator shall take control of such property and, subject to paragraph (2), sell it at or above appraised fair market value for cash and not by lease, exchange, or leaseback arrangements. ``(2) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 550 and 554 of this title.''. (d) Requirements Related to Sales of Reverted Property Under Section 554.--Section 554(f) of title 40, United States Code, is amended-- (1) by inserting ``(1)'' after ``This Section.--''; and (2) by adding at the end the following: ``If the Secretary, in consultation with the Administrator, recommends reversion of the property, the Administrator shall take control of such property and, subject to paragraph (2), sell it at or above appraised fair market value for cash and not by lease, exchange, or leaseback arrangements. ``(2) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 550 and 553 of this title.''. SEC. 6. AGENCY RETENTION OF PROCEEDS. The text of section 571 of title 40, United States Code, is amended to read as follows: ``(a) Deposit of Proceeds.--Net proceeds described in subsection (d) shall be deposited into the appropriate real property account of the agency that had custody and accountability for the real property. Such funds shall be expended only as authorized in annual appropriations Acts and only for activities as described in section 524(b) of this title and disposal activities, including paying costs incurred by the General Services Administration for any disposal- related activity authorized by this title. Proceeds shall not be expended for activities or projects subject to the requirements of section 3307 of this title. ``(b) Effect on Other Sections.--Nothing in this section is intended to affect section 572(b) or 574 of this title. ``(c) Disposal Agency for Reverted Property.--For the purposes of this section, the General Services Administration, as the disposal agency, shall be treated as the agency with custody and accountability for properties which revert to the United States under sections 550, 553, and 554 of this title. ``(d) Proceeds.--The net proceeds referred to in subsection (a) are proceeds under this chapter from a-- ``(1) transfer of excess property to a federal agency for agency use; or ``(2) sale, lease, or other disposition of surplus property.''. Passed the House of Representatives May 21, 2008. Attest: LORRAINE C. MILLER, Clerk.

Federal Real Property Disposal Enhancement Act of 2008 - Requires the Administrator of the General Services Administration (GSA) to issue guidance for federal agency real property plans, including recommendations on how to identify and dispose of excess properties, evaluate disposal costs and benefits, and prioritize disposal decisions based on agency missions and anticipated future need for holdings. Requires the Administrator to: (1) report to specified congressional committees annually for five years on agency efforts to reduce their real property assets; and (2) assist agencies in the identification and disposal of excess real property. Requires agencies to: (1) maintain adequate inventory controls and accountability systems for property under their control; (2) continuously survey such property to identify excess property; (3) promptly report excess property to the Administrator; (4) perform the care and handling of excess property; and (5) transfer or dispose of excess property as promptly as possible. Requires each agency to: (1) develop and implement a real property plan to identify and declare excess property; (2) identify and categorize all real property owned, leased, or managed by the agency; (3) establish goals and incentives to reduce excess real property in its inventory; and (4) use authorities to identify and prepare real property to be reported as excess. Requires each agency to: (1) reassign to another activity within the agency property that is no longer required for the purposes for which it was purchased; (2) transfer excess property to other federal agencies and to specified organizations; and (3) obtain excess properties from other agencies to meet mission needs before acquiring nonfederal property. (Sec. 4) Includes among the amounts the Administrator is authorized to obligate from proceeds from the disposition of surplus real and related personal property: (1) amounts to pay the costs related to identifying and preparing properties to be reported excess by another agency; and (2) amounts to pay the costs associated with the reversion, custody, and disposal of reverted real property. Requires the Administrator to: (1) take control of certain property for which reversion is recommended or determined to be necessary and to sell it at fair market value; and (2) make such property available to state and local governments and certain nonprofit entities prior to sale. (Sec. 6) Requires: (1) excess or surplus property proceeds to be deposited into the appropriate agency's real property account (currently, into the Treasury as miscellaneous receipts); and (2) the funds from such deposits to be expended only as authorized in annual appropriations Acts for activities related to federal real property asset management and disposal.

To amend title 40, United States Code, to enhance authorities with regard to real property that has yet to be reported excess, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Ana River Wash Plan Land Exchange Act''. SEC. 2. DEFINITIONS. In this Act: (1) Conservation district.--The term ``conservation district'' means the San Bernardino Valley Water Conservation District, a political subdivision of the State of California. (2) Exchange land.--The term ``Exchange Land'' means the approximately 310 acres of land owned by the Conservation District generally depicted as ``SBVWCD to BLM'' on the Map. (3) Map.--The term ``Map'' means the map titled ``Santa Ana River Wash Land Exchange'' and dated September 03, 2015. (4) Non-public exchange parcel.--The term ``non-public exchange parcel'' means the approximately 59 acres of land owned by the Conservation District generally depicted as ``SBVWCD Equalization Land'' on the Map and is to be conveyed to the United States if necessary to equalize the fair market values of the lands otherwise to be exchanged. (5) Public exchange parcel.--The term ``public exchange parcel'' means the approximately 90 acres of Federal land administered by the Bureau of Land Management generally depicted as ``BLM Equalization Land to SBVWCD'' on the Map and is to be conveyed to the Conservation District if necessary to equalize the fair market values of the lands otherwise to be exchanged. (6) Public land.--The term ``public land'' means the approximately 327 acres of Federal land administered by the Bureau of Land Management generally depicted as ``BLM Land to SBVWCD'' on the Map. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. EXCHANGE OF LAND; EQUALIZATION OF VALUE. (a) Exchange Authorized.--Notwithstanding the land use planning requirements of sections 202, 210, and 211 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1720-21), subject to valid existing rights, and conditioned upon any equalization payment necessary under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), and subsection (b) of this Act, as soon as practicable, but not later than 2 years after the date of enactment of this Act, the Secretary shall-- (1) quitclaim to the conservation district all right, title, and interest of the United States in and to the public land, and any such portion of the public exchange parcel as may be required to equalize the values of the lands exchanged; and (2) accept from the conservation district a conveyance of all right, title, and interest of the conservation district in and to the exchange land, and any such portion of the non- public exchange parcel as may be required to equalize the values of the lands exchanged. (b) Equalization Payment.--To the extent an equalization payment is necessary under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716), the amount of such equalization payment shall first be made by way of in-kind transfer of such portion of the public exchange parcel to the conservation district, or transfer of such portion of the non-public exchange parcel to the United States, as the case may be, as may be necessary to equalize the fair market values of the exchanged properties, as such values are indicated by the appraisal provided for under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). Such appraisal shall include an appraisal of the public exchange parcel and the non- public exchange parcel. The fair market value of the public exchange parcel or non-public exchange parcel, as the case may be, shall be credited against any required equalization payment. To the extent such credit is not sufficient to offset the entire amount of equalization payment so indicated, any remaining amount of equalization payment shall be treated as follows: (1) If the equalization payment is to equalize values by which the public land exceeds the exchange land and the credited value of the non-public exchange parcel, conservation district may make the equalization payment to the United States, notwithstanding any limitation regarding the amount of the equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). In the event conservation district opts not to make the indicated equalization payment, the exchange shall not proceed. (2) If the equalization payment is to equalize values by which the exchange land exceeds the public land and the credited value of the public exchange parcel, the Secretary shall order the exchange without requirement of any additional equalization payment by the United States to the conservation district. (c) Map and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary shall finalize a map and legal descriptions of all land to be conveyed under this Act. The Secretary may correct any minor errors in the map or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. (d) Costs of Conveyance.--As a condition of conveyance, any costs related to the conveyance under this section shall be paid by the conservation district. SEC. 4. APPLICABLE LAW. (a) Act of February 20, 1909.-- (1) The Act of February 20, 1909 (35 Stat. 641), shall not apply to the public land and any public exchange land transferred under this Act. (2) The exchange of lands under this section shall be subject to continuing rights of the conservation district under the Act of February 20, 1909 (35 Stat. 641), on the exchange land and any exchanged portion of the non-public exchange parcel for the continued use, maintenance, operation, construction, or relocation of, or expansion of, groundwater recharge facilities on the exchange land, to accommodate groundwater recharge of the Bunker Hill Basin to the extent that such activities are not in conflict with any Habitat Conservation Plan or Habitat Management Plan under which such exchange land or non-public exchange parcel may be held or managed. (b) FLPMA.--Except as otherwise provided in this Act, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), shall apply to the exchange of land under this Act. SEC. 5. CANCELLATION OF SECRETARIAL ORDER 241. Secretarial Order 241, dated November 11, 1929 (withdrawing a portion of the public land for an unconstructed transmission line), is terminated and the withdrawal thereby effected is revoked.

Santa Ana River Wash Plan Land Exchange Act This bill directs the Department of the Interior: (1) to quitclaim to the San Bernardino Valley Water Conservation District in California approximately 327 acres of identified federal land administered by the Bureau of Land Management; and (2) in exchange for such land, to accept from the Conservation District a conveyance of approximately 310 acres of its land.

Santa Ana River Wash Plan Land Exchange Act

SECTION 1. PROHIBITION. (a)(1) The Secretary shall not issue a lease, permit, or license for the exploration for or extraction of oil or gas on or from submerged lands described in subsection (b). (2)(A) No person shall explore for or extract oil or gas on or from any area of the submerged lands described in subsection (b) after the date of the cancellation, expiration, relinquishment, surrender, or termination of a lease with respect to such area. (B) Except as provided in subparagraph (A), this subsection shall not prohibit exploration for or extraction of oil or gas on or from any area of submerged lands under the terms of a lease, permit, or license in effect on the date of enactment of this Act with respect to such area. (b)(1) The lands with respect to which subsection (a) applies shall include-- (A) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Florida, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act, and all submerged lands south of 26 degrees north latitude and east of 86 degrees west longitude; (B) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Georgia; (C) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of South Carolina; (D) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 175 miles of any point of the coast line of the State of North Carolina; (E) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Virginia; (F) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 50 miles of any point of the coast line of the State of Maryland, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (G) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Delaware, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (H) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of New Jersey, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (I) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of New York, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (J) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of Connecticut, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (K) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of Rhode Island, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (L) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 50 miles of any point of the coast line of the State of Massachusetts, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act, and lands within the 400 meter isobath surrounding Georges Bank, identified by the Department of the Interior as consisting of the following blocks: in protraction diagram NJ 19-1, blocks numbered 12-16, 54-55 and 57-58; in protraction diagram NK 19-5, blocks numbered 744, 788, 831-832, and 1005- 1008; in protraction diagram NK 19-6, blocks numbered 489-491, 532-537, 574-576, 578-581, 618-627, 661-662, 664-671, 705-716, 749-761, 793-805, and 969-971; in protraction diagram NK 19-8, blocks numbered 37-40, 80-84, 124-127, and 168-169; in protraction diagram NK 19-9, blocks numbered 13-18, 58-63, 102- 105, 107-108, 146-149, 151-152, 191-193, 195-197, 235-237, 240- 242, 280-282, 284-286, 324-331, 368-376, 412-420, 456-465, 500- 510, 543-554, 587-594, 596-599, 631-637, 640-644, 675-688, 718- 733, 762-778, 805-821, 846-865, 887-891, 894-908, 930-950, and 972-994; in protraction diagram NK 19-10, blocks numbered 474- 478, 516-524, 560-568, 604-612, 647-660, 692-704, 737-748, 787- 792, 830-836, 873-880, 967-968, and 1011-1012; in protraction diagram NK 19-11, blocks numbered 621-632, 665-676, 700, 709- 720, 744, 753-764, 785, 797-808, 825-827, 841-852, 856-860, 869, 890-905, 907-909, 929-931, 941-945, 947-949, 973-975, and 985-989; and in protraction diagram NK 19-12, blocks numbered 452-456, 495-499, 536-537, 539-541, 575-577, 579-582, 617-621, 623-624, 661-662, 664-665, and 705-706; (M) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of New Hampshire; (N) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Maine; (O) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 145 miles of any point of the coast line of the State of California, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act; (P) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Oregon; (Q) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Washington; and (R) all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 100 miles of any point of the coast line of the State of Alaska, including areas with respect to which a moratorium on oil and gas leasing activities existed before the date of enactment of this Act. (2) The lands with respect to which subsection (a) applies shall not include any portion of the Central or Western Gulf of Mexico planning areas of the Department of the Interior. (c)(1)(A) Notwithstanding section 5(a)(2) (A) and (B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2) (A) and (B)), the Secretary of the Interior shall cancel any lease or permit in effect on the date of enactment of this Act in areas described in subparagraph (B), and such cancellation shall entitle the lessee to receive compensation under section 5(a)(2)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)(C)). (B) The areas with respect to which subparagraph (A) applies are as follows: (i) Any lands south of 26 degrees north latitude and east of 86 degrees west longitude. (ii) Any lands within the North Aleutian Basin planning area of the Department of the Interior. (2) The Secretary of the Interior shall report to the Congress by May 1, 1996, on alternative options for compensating leaseholders on blocks numbered 204, 246, 247, 290, 291, 334, 335, 378, 379, 422, 423, 466, 467, 510, 511, 553, 554, 555, 597, 598, 599, 640, 641, and 642 on protraction diagram NI 18-2 of the Universal Transverse Mercator Grid System, assuming the compensation procedures outlined in section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334). These options shall include, to the extent practicable, credits in lieu of appropriations, such as credits on Federal royalties on producing Outer Continental Shelf leases.

Prohibits the Secretary of the Interior from issuing a lease, permit, or license for oil or gas exploration or extraction on specified submerged lands of the Outer Continental Shelf.

To prohibit the Secretary of the Interior from issuing oil and gas leases on certain portions of the Outer Continental Shelf.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistant United States Attorneys Retirement Benefit Equity Act of 1998''. SEC. 2. TREATMENT OF ASSISTANT UNITED STATES ATTORNEYS. (a) Civil Service Retirement System.-- (1) Inclusion in definition of a law enforcement officer.-- Paragraph (20) of section 8331 of title 5, United States Code, is amended by striking ``position.'' and inserting ``position and an Assistant United States Attorney.''. (2) Definition of an assistant united states attorney.-- Section 8331 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following: ``(28) `Assistant United States Attorney' means an assistant United States attorney appointed under section 542 of title 28.''. (b) Federal Employees' Retirement System.-- (1) Inclusion in definition of a law enforcement officer.-- Paragraph (17) of section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of subparagraph (C), by adding ``and'' after the semicolon at the end of subparagraph (D), and by adding at the end the following: ``(E) an Assistant United States Attorney;''. (2) Definition of an assistant united states attorney.-- Section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``; and'', and by adding at the end the following: ``(34) `Assistant United States Attorney' means an assistant United States attorney appointed under section 542 of title 28.''. (c) Effective Date.--Except as otherwise provided in section 3, this Act and the amendments made by this Act shall take effect on the first day of the first applicable pay period beginning after the expiration of the 90-day period beginning on the date of enactment of this Act. SEC. 3. PROVISIONS RELATING TO INCUMBENTS. (a) Incumbent Defined.--For purposes of this section, the term ``incumbent'' means an individual first appointed as an Assistant United States Attorney before the effective date of this Act who is serving in that capacity on such effective date. (b) Notice Requirement.--Not later than 6 months after the effective date of this Act, the Department of Justice shall take measures reasonably designed to provide notice to incumbents as to their election rights under this Act, and the consequences of making or not making a timely election under this Act. (c) Election Available to Incumbents.-- (1) In general.--An incumbent may elect, for all purposes, either-- (A) to be treated in accordance with the amendments made by this Act; or (B) to be treated in the same way as if this Act had never been enacted. Failure to make a timely election under this subsection shall be treated in the same way as an election under subparagraph (A) made on the last day allowable under paragraph (2). (2) Deadline.--An election under this subsection shall not be effective unless it is made before the 90th day after the date on which the notice under subsection (b) is provided or the date on which the incumbent involved separates from service, whichever is earlier. (3) Interim status.--Notwithstanding any other provision of this Act, no change in the retirement coverage of any incumbent shall occur, by reason of the enactment of this Act, before the date on which an election under paragraph (1)(A) is made (or deemed to have been made). (d) Retroactive Effect.--In the case of any incumbent who elects (or is deemed to have elected) the option under subsection (c)(1)(A), all service performed by such individual as an Assistant United States Attorney shall-- (1) to the extent performed on or after the effective date of that election, be treated in accordance with applicable provisions of chapter 83 or 84 of title 5, United States Code, as amended by this Act; and (2) to the extent performed before the effective date of that election, be treated in accordance with applicable provisions of chapter 83 or 84 of such title, as if the amendments made by this Act had then been in effect. (e) Makeup Contributions.-- (1) In general.--In addition to any other payment that it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code-- (A) the Department of Justice shall remit to the Office of Personnel Management, in such time, form, and manner as the Office may require, the amount described in paragraph (2); and (B) any amount so remitted shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. (2) Amount to be remitted.--The amount described in this paragraph is the total amount of additional individual and Government contributions to the Civil Service Retirement and Disability Fund that would have been required (for all incumbents described in subsection (d), for all service performed by them as an Assistant United States Attorney before the effective date of their election under subsection (c)), if the amendments made by this Act had then been in effect, plus interest. (3) No individual liability.--Nothing in this Act or in chapter 83 or 84 of title 5, United States Code (as amended by this Act) shall be considered to create any individual liability for any shortfall in any contributions required to be made up in the manner provided for under this subsection. (f) Regulations.--The Office of Personnel Management shall prescribe any regulations necessary to carry out this Act, including provisions under which any interest due on the amount described in subsection (e) shall be determined. (g) Definition.--For purposes of this section, the term ``Assistant United States Attorney'' means an assistant United States attorney appointed under section 542 of title 28, United States Code.

Assistant United States Attorneys Retirement Benefit Equity Act of 1998 - Makes applicable to Assistant United States Attorneys the provisions of the Civil Service Retirement System and the Federal Employees Retirement System that apply to Federal law enforcement officers. Directs the Department of Justice to provide notice to incumbent Assistant U.S. Attorneys as to their election rights under this Act and the consequences of making or not making a timely election under this Act. Allows such incumbents to elect the option to be treated either: (1) in accordance with the amendments made by this Act; or (2) as if this Act had never been enacted.

Assistant United States Attorneys Retirement Benefit Equity Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Allocation for Music Producers Act'' or the ``AMP Act''. SEC. 2. PAYMENT OF STATUTORY PERFORMANCE ROYALTIES. (a) Letter of Direction.--Section 114(g) of title 17, United States Code, is amended by adding at the end the following: ``(5) Letter of direction.-- ``(A) In general.--A nonprofit collective designated by the Copyright Royalty Judges to distribute receipts from the licensing of transmissions in accordance with subsection (f) shall adopt and reasonably implement a policy that provides, in circumstances determined by the collective to be appropriate, for acceptance of instructions from an artist payee identified under subparagraph (A) or (D) of paragraph (2) to distribute, to a producer, mixer, or sound engineer who was part of the creative process that created a sound recording, a portion of the payments to which the artist payee would otherwise be entitled from the licensing of transmissions of the sound recording. In this section, such instructions shall be referred to as a `letter of direction'. ``(B) Acceptance of letter.--To the extent that the collective accepts a letter of direction under subparagraph (A), the person entitled to payment pursuant to the letter of direction shall, during the period in which the letter of direction is in effect and carried out by the collective, be treated for all purposes as the owner of the right to receive such payment and the artist payee providing the letter of direction to the collective shall be treated as having no interest in such payment. ``(C) Authority of collective.--This paragraph shall not be construed in such a manner so that the collective is not authorized to accept or act upon payment instructions in circumstances other than those to which this paragraph applies.''. (b) Additional Provisions for Recordings Fixed Before November 1, 1995.--Section 114(g) of title 17, United States Code, as amended by subsection (a), is further amended by adding at the end the following: ``(6) Sound recordings fixed before november 1, 1995.-- ``(A) Payment absent letter of direction.--A nonprofit collective designated by the Copyright Royalty Judges to distribute receipts from the licensing of transmissions in accordance with subsection (f) (in this paragraph referred to as the `collective') shall adopt and reasonably implement a policy that provides, in circumstances determined by the collective to be appropriate, for the deduction of 2 percent of the receipts that are collected from the licensing of transmissions of a sound recording fixed before November 1, 1995, but that are withdrawn from the amount otherwise payable under paragraph (2)(D) to the recording artist or artists featured on the sound recording (or the persons conveying rights in the artists' performance in the sound recording), and the distribution of such amount to one or more persons described in subparagraph (B), after deduction of costs described in paragraph (3) or (4), as applicable, if each of the following requirements is met: ``(i) Certification of attempt to obtain a letter of direction.--The person described in subparagraph (B) who is to receive the distribution has certified to the collective, under penalty of perjury, that-- ``(I) for a period of at least 4 months, that person made reasonable efforts to contact the artist payee for such sound recording to request and obtain a letter of direction instructing the collective to pay to that person a portion of the royalties payable to the featured recording artist or artists; and ``(II) during the period beginning on the date that person began the reasonable efforts described in subclause (I) and ending on the date of that person's certification to the collective, the artist payee did not affirm or deny in writing the request for a letter of direction. ``(ii) Collective attempt to contact artist.--After receipt of the certification described in clause (i) and for a period of at least 4 months before the collective's first distribution to the person described in subparagraph (B), the collective attempted, in a reasonable manner as determined by the collective, to notify the artist payee of the certification made by the person described in subparagraph (B). ``(iii) No objection received.--The artist payee did not, as of the date that is 10 business days before the date on which the first distribution is made, submit to the collective in writing an objection to the distribution. ``(B) Eligibility for payment.--A person shall be eligible for payment under subparagraph (A) if the person-- ``(i) is a producer, mixer, or sound engineer of the sound recording; ``(ii) has entered into a written contract with a record company involved in the creation or lawful exploitation of the sound recording, or with the recording artist or artists featured on the sound recording (or the persons conveying rights in the artists' performance in the sound recording), under which the person seeking payment is entitled to participate in royalty payments that are based on the exploitation of the sound recording and are payable from royalties otherwise payable to the recording artist or artists featured on the sound recording (or the persons conveying rights in the artists' performance in the sound recording); ``(iii) made a creative contribution to the creation of the sound recording; and ``(iv) submits a written certification to the collective stating, under penalty of perjury, that the person meets the requirements in clauses (i) through (iii) and includes a true copy of the contract described in clause (ii). ``(C) Multiple certifications.--Subject to subparagraph (D), in a case in which more than 1 person described in subparagraph (B) has met the requirements for a distribution under subparagraph (A) with respect to a sound recording as of the date that is 10 business days before the date on which a distribution is made, the collective shall divide the 2 percent distribution equally among all such persons. ``(D) Objection to payment.--Not later than 10 business days after the collective receives from the artist payee a written objection to a distribution made pursuant to subparagraph (A), the collective shall cease making any further payment relating to such distribution. In any case in which the collective has made one or more distributions pursuant to subparagraph (A) to a person described in subparagraph (B) before the date that is 10 business days after the date on which the collective receives from the artist payee an objection to such distribution, the objection shall not affect that person's entitlement to any distribution made before the collective ceases such distribution under this subparagraph. ``(E) Ownership of the right to receive payments.-- To the extent that the collective determines that a distribution will be made under subparagraph (A) to a person described in subparagraph (B), such person shall, during the period covered by such distribution, be treated for all purposes as the owner of the right to receive such payments and the artist payee to which such payments would otherwise be payable shall be treated as having no interest in such payments. ``(F) Artist payee defined.--In this paragraph, the term `artist payee' means a person, other than a person described in subparagraph (B), who owns the right to receive all or part of the receipts payable under paragraph (2)(D) with respect to a sound recording. In a case in which there are multiple artist payees with respect to a sound recording, an objection by 1 such payee shall apply only to that payee's share of the receipts payable under paragraph (2)(D), and does not preclude payment under subparagraph (A) from the share of an artist payee that does not so object.''. (c) Technical and Conforming Amendments.--Section 114(g) of title 17, United States Code, as amended by subsections (a) and (b), is further amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by striking ``An agent designated'' and inserting ``Except as provided for in paragraph (6), a nonprofit collective designated by the Copyright Royalty Judges''; (2) in paragraph (3), in the matter preceding subparagraph (A)-- (A) by striking ``nonprofit agent designated'' and inserting ``nonprofit collective designated by the Copyright Royalty Judges''; (B) by striking ``another designated agent'' and inserting ``another designated nonprofit collective''; (C) by striking ``such nonprofit agent'' and inserting ``such nonprofit collective''; and (D) by striking ``such agent'' and inserting ``such collective''; and (3) in paragraph (4)-- (A) by striking ``designated agent'' and inserting ``nonprofit collective''; and (B) by striking ``agent'' and inserting ``collective'' each subsequent place it appears. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by Act shall take effect on the date of enactment of this Act.

Allocation for Music Producers Act or the AMP Act This bill authorizes royalties for producers, mixers, and sound engineers who made a creative contribution to a sound recording. A nonprofit collective designated by the Copyright Royalty Board shall adopt procedures for such royalty payments for various digital transmissions of the recording. The procedures shall allow the owner of the exclusive right to publicly perform the sound recording or the featured artist to instruct the collective to calculate and distribute the payments to the producers, mixers, and sound engineers. The instruction is called a "letter of direction." For sound recordings fixed before November 1, 1995, the nonprofit collective shall adopt policies for collecting and distributing such royalties, even without a letter of direction. The collective and those seeking royalties shall attempt to contact the featured artist to get a letter of direction; however, if the artist does not object within a specified time frame, the collective may distribute the royalties.

Allocation for Music Producers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Veterans' Resiliency Act''. SEC. 2. PILOT PROGRAM ON REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) In General.--The Secretary of Veterans Affairs shall carry out a pilot program to repay loans of individuals described in subsection (b) that-- (1) were used by such individuals to finance the educational expenses of such individuals relating to psychiatric medicine, including education leading to-- (A) an undergraduate degree; (B) a degree of doctor of medicine; or (C) a degree of doctor of osteopathy; and (2) were obtained from any of the following: (A) A governmental entity. (B) A private financial institution. (C) An institution of higher education. (D) Any other entity as specified the Secretary for purposes of the pilot program. (b) Eligible Individuals.-- (1) In general.--Subject to paragraph (2), an individual eligible for participation in the pilot program is an individual who-- (A) either-- (i) is licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (ii) is enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (B) demonstrates a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, as determined by the Secretary. (2) Prohibition on simultaneous eligibility.--An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual is not eligible to participate in the pilot program. (c) Selection.-- (1) In general.--The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (2) Rural or highly rural areas.--Of the individuals selected under paragraph (1), not less than five shall be individuals who practice psychiatric medicine in a rural area or highly rural area or demonstrate a commitment to practice psychiatric medicine in such an area. (d) Period of Obligated Service.--The Secretary shall enter into an agreement with each individual selected under subsection (c) in which such individual agrees to serve a period of obligated service for the Veterans Health Administration in the field of psychiatric medicine, as determined by the Secretary for purposes of the pilot program, in exchange for the repayment of the loan or loans of such individual under the pilot program. (e) Loan Repayments.-- (1) In general.--Subject to paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual who is participating in the pilot program for all educational expenses (including tuition, fees, books, and laboratory expenses) of such individual relating to education described in subsection (a)(1). (2) Limit.--The amount paid by the Secretary under the pilot program for each year of obligated service agreed to by an individual under subsection (d) may not exceed $60,000. (f) Breach.-- (1) Liability.--An individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (d) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Repayment period.--Any amount of damages that the United States is entitled to recover under this subsection shall be paid to the United States not later than one year after the date of the breach of the agreement. (g) Report.-- (1) In general.--Not later than 90 days after the date on which the pilot program terminates under subsection (i), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include the following: (A) An assessment of the overall effect of the pilot program on the psychiatric workforce shortage of the Veterans Health Administration. (B) A current assessment of the long-term stability of the psychiatric workforce of the Veterans Health Administration. (C) Strategies of the Veterans Health Administration to improve and increase the ability of the Administration to promote the physical and mental resiliency of all veterans. (h) Regulations.--The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination.--The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. SEC. 3. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON PAY DISPARITIES OF PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) Study.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of pay disparities among psychiatrists of the Veterans Health Administration of the Department of Veterans Affairs. (2) Elements.--The study conducted under paragraph (1) shall include-- (A) an examination of laws, regulations, practices, and policies, including salary flexibilities, that contribute to pay disparities described in paragraph (1); and (B) recommendations with respect to legislative or administrative actions to improve equity in pay among psychiatrists of the Veterans Health Administration. (b) Report.--Not later than one year after the date on which the Comptroller General completes the study under subsection (a), the Comptroller General shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the results of the study. SEC. 4. PILOT PROGRAM ON HOUSING ALLOWANCES FOR HEALTH CARE PROVIDERS OF VETERANS HEALTH ADMINISTRATION ACCEPTING ASSIGNMENT AT RURAL AND HIGHLY RURAL COMMUNITY-BASED OUTPATIENT CLINICS. (a) Pilot Program Authorized.--The Secretary of Veterans Affairs may carry out a pilot program to assess the feasibility and advisability of providing a housing allowance to health care providers of the Veterans Health Administration of the Department of Veterans Affairs who accept assignment at rural or highly rural community-based outpatient clinics as a means of encouraging such health care providers to accept assignment to such clinics. (b) Eligibility.--An individual is eligible for participation in the pilot program if the individual-- (1) is a health care provider; (2) is, or agrees to become, an employee of the Veterans Health Administration on a full-time basis in a health care position designated by the Secretary for purposes of the pilot program; and (3) accepts an assignment in such position for a term of not less than 36 months at a rural or highly rural community- based outpatient clinic selected by the Secretary for purposes of the pilot program. (c) Conditions on Payment of Housing Allowance.--Except as provided in subsection (d)(3), an individual may be provided a housing allowance under the pilot program only while-- (1) in good standing as a health care provider within the Veterans Health Administration; and (2) assigned as a health care provider at a rural or highly rural community-based outpatient clinic. (d) Amount of Housing Allowance.-- (1) Monthly amount during initial term.--During the first 36 months of participation in the pilot program, the housing allowance provided a health care provider participating in the pilot program shall be provided on a monthly basis at a rate that is equivalent to the monthly rate of basic allowance for housing (BAH) payable under section 403 of title 37, United States Code, to members of the uniformed services whose grade, dependency status, and geographic location most closely equals, as determined by the Secretary, the grade of such provider under section 7404 of title 38, United States Code, and the dependency status and geographic location of such provider. (2) Monthly amount for certain providers for additional term.--If upon completion of the first 36 months in the pilot program a health care provider accepts continuing participation in the pilot program at a rural or highly rural community-based outpatient clinic for a term of not less than 12 additional months, the housing allowance provided the health care provider under the pilot program shall be provided on a monthly basis for such additional months at a rate determined in accordance with paragraph (1). (3) Bonus amount.-- (A) Completion of initial term.--Any health care provider who successfully completes 36 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to three months of the monthly rate of housing allowance provided the health care provider under paragraph (1) during the last month before the provider's completion of participation in the pilot program. (B) Completion of additional one-year term.--Any health care provider who successfully completes 48 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to 12 months of the monthly rate of housing allowance provided the health care provider under paragraph (2) during the last month before the provider's completion of participation in the pilot program. (C) Completion of additional two-year term.--Any health care provider who successfully completes 60 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to 13 months of the monthly rate of housing allowance provided the health care provider under paragraph (2) during the last month before the provider's completion of participation in the pilot program. (D) No requirement to remain on assignment.--An amount payable under this paragraph shall be paid whether or not the health care provider concerned remains in an assignment at a rural or highly rural community-based outpatient clinic. (e) Supplemental Nature of Allowance.--Any housing allowance provided under the pilot program shall be in addition to any pay (including basic pay, special pay, and retirement or other bonus pay) payable to personnel of the Veterans Health Administration personnel under chapter 74 of title 38, United States Code, or any other provision of law. (f) Annual Reports.-- (1) In general.--Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter while the pilot program is in effect, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements.--Each report submitted under paragraph (1) shall include the following: (A) A current description of the pilot program, including the current number of participants in the pilot program and the amounts of housing allowance being provided such participants. (B) A current assessment of the value of the housing allowance under the pilot program in encouraging health care providers in accepting assignment to rural and highly rural community-based outpatient clinics. (g) Funding.--Amounts for housing allowances under the pilot program shall be derived from amounts available for the Veterans Health Administration for Medical Services. (h) Sunset.-- (1) In general.--No individual may commence participation in the pilot program on or after the date that is five years after the date of the enactment of this Act. (2) Continuation of on-going provision of allowance.-- Nothing in paragraph (1) shall be construed to prohibit the Secretary from providing housing allowances under the pilot program to individuals who commence participation in the pilot program before the date that is five years after the date of the enactment of this Act. (i) Rural or Highly Rural Community-Based Outpatient Clinic Defined.--In this section, the term ``rural or highly rural community- based outpatient clinic'' means a community-based outpatient clinic of the Veterans Health Administration that predominantly serves veterans who live in rural areas and highly rural areas. SEC. 5. DEFINITIONS. In this Act: (1) Highly rural area.--The term ``highly rural area'' means an area located in a county or similar community that has less than seven individuals residing in that county or community per square mile. (2) Rural area.--The term ``rural area'' means an area that is not an urbanized area or a highly rural area. (3) Urbanized area.--The term ``urbanized area'' has the meaning given that term by the Director of the Bureau of the Census.

Ensuring Veterans' Resiliency Act - Directs the Secretary of Veterans Affairs (VA) to carry out a three-year pilot program to repay the loans used to finance the education expenses related to psychiatric medicine of certain individuals who demonstrate a commitment to long-term careers as psychiatrists in the Veterans Health Administration (VHA). Requires those individuals to be: (1) licensed or eligible for licensure to practice psychiatric medicine in the VHA, or (2) enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education. Directs the Secretary to select at least 10 individuals each year to participate in the program. Requires program participants to agree to a period of obligated service with the VHA in the field of psychiatric medicine. Prohibits the Secretary from paying more than $60,000 on behalf of an individual for each year of obligated service the individual agrees to serve. Directs the Comptroller General (GAO) to conduct a study of pay disparities among VHA psychiatrists. Authorizes the Secretary to carry out a pilot program providing a monthly housing allowance to individuals who: (1) are health care providers, (2) are or agree to become VHA employees on a full-time basis in a health care position designated by the Secretary, and (3) accept an assignment in such position for at least 36 months at a rural or highly rural community-based outpatient clinic selected by the Secretary. Provides bonus housing allowances to participants who complete the 36 months of service and to those who complete additional one-year or two-year terms of service.

Ensuring Veterans' Resiliency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Communications Commission Authorization Act of 1994''. SEC. 2. EXTENSION OF AUTHORITY. Section 6 of the Communications Act of 1934 (47 U.S.C. 156) is amended to read as follows: ``authorization of appropriations ``Sec. 6. There are authorized to be appropriated for the administration of this Act by the Commission $160,300,000 for fiscal year 1994 and $198,232,000 for fiscal year 1995, together with such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for fiscal year 1995. Of the sum appropriated in any fiscal year, a portion, in an amount determined under sections 8(b) and 9(b), shall be derived from fees authorized by sections 8 and 9.''. SEC. 3. TRAVEL REIMBURSEMENT AUTHORITY. Subsection (g) of section 4 of the Communications Act of 1934 (47 U.S.C. 154) is amended-- (1) by striking paragraph (2), and (2) by redesignating paragraph (3) as (2). SEC. 4. COMMUNICATIONS SUPPORT FROM OLDER AMERICANS. Section 6(a) of the Federal Communications Commission Authorization Act of 1988 (47 U.S.C. 154 note) is amended by striking ``1992 and 1993,'' and inserting ``1995 and 1996,''. SEC. 5. HAWAII MONITORING STATION. Section 9(a) of the Federal Communications Commission Authorization Act of 1988 (Public Law 100-594; 102 Stat. 3024) is amended by striking ``1991, 1992, 1993, and 1994'' and inserting ``1995, 1996, and 1997''. SEC. 6. INSPECTION OF SHIP RADIO STATIONS. (a) Contracting Out Inspections.--Section 4(f)(3) of the Communications Act of 1934 (47 U.S.C. 154(f)(3)) is amended by adding at the end the following: ``Notwithstanding the preceding provisions of this paragraph, the Commission may designate an entity to make the inspections referred to in this paragraph.''. (b) Annual Inspection Required.--Section 362(b) of the Communications Act of 1934 (47 U.S.C. 360(b)) is amended-- (1) by striking ``as may'' in the third sentence and inserting ``as the Commission determines to'', and (2) by striking ``thereby'' and all that follows and inserting the following: ``thereby-- ``(1) waive the annual inspection required under this section for a period of up to 90 days for the sole purpose of enabling a vessel to complete its voyage and proceed to a port in the United States where an inspection can be held, or ``(2) waive the annual inspection required under this section for a vessel that is in compliance with the radio provisions of the Safety Convention and that is operating solely in waters beyond the jurisdiction of the United States, but the inspection shall be performed within 30 days after the vessel's return to the United States.''. (c) Conforming Amendment.--Section 385 of the Communications Act of 1934 (47 U.S.C. 385) is amended-- (1) by inserting ``or an entity designated by the Commission'' after ``Commission'', and (2) by striking out ``as may'' and inserting ``as the Commission determines to''. SEC. 7. EXPEDITED ITFS PROCESSING. Section 5(c)(1) of the Communications Act of 1934 (47 U.S.C. 155(c)(1)) is amended by striking ``Nothing'' and inserting ``Except for cases involving the authorization of service in the Instructional Television Fixed Service, or as otherwise provided in this Act, nothing''. SEC. 8. APPLICATION FEES. (a) Modification of Fees.--Subsection (b) of section 8 of the Communications Act of 1934 (47 U.S.C. 158) is amended-- (1) by redesignating paragraph (2) as (6), and (2) by striking out so much of such subsection as precedes paragraph (6), as redesignated, and inserting the following: ``(b)(1) For fiscal year 1995 and each fiscal year thereafter, the Commission shall, by regulation, modify the application fees by proportionate increases or decreases so as to result in estimated total collections for the fiscal year equal to the sum of-- ``(A) $40,000,000, plus ``(B) the amount specified in an appropriation Act for the Commission for that fiscal year to be collected and credited to such appropriation, not to exceed necessary expenses of the Commission. ``(2) The Commission may round the modified fees to the nearest $5, in the case of fees under $100, or to the nearest $20, in the case of fees of $100 or more. The Commission shall transmit to the Congress notification of any adjustment made under this paragraph immediately upon the adoption of the adjustment. ``(3) The Commission may collect fees at the prior year's rate until the effective date of modifications, adjustments, or amendments under this subsection. ``(4) The Commission by regulation shall add, delete, or reclassify services, categories, applications, or other filings subject to application fees to reflect additions, deletions, or changes in the nature of its services or authorization of service processes as a consequence of rulemaking proceedings or changes in law. ``(5) The amount of any fee modified or amended as a consequence of action taken under paragraph (4) shall be derived by determining the fulltime equivalent number of employees performing application activities adjusted to take into account other expenses that are reasonably related to the cost of processing the application or other filing, including all executive and legal costs incurred by the Commission in the discharge of these functions, and other factors the Commission determines to be in the public interest. The Commission shall transmit to the Congress notification of-- ``(A) any proposed modification of a fee immediately upon adoption of the proposal, and ``(B) any amendment immediately upon adoption of an amended fee.''. (b) Reimbursement of Appropriations.--Section 8(e) of such Act (47 U.S.C. 8(e)) is amended to read as follows: ``(e) Of the moneys received from fees authorized under this section, $40,000,000 shall be deposited in the general fund of the Treasury to reimburse the United States for amounts appropriated for use by the Commission in carrying out its functions under this Act, and the remainder shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Commission.''. (c) Derivation of Appropriated Funds.--Section 6(d) of such Act (47 U.S.C. 156(d)) is amended-- (1) by striking ``section 9(b)'' and inserting ``sections 8(b) and 9(b)'', and (2) by striking ``section 9'' and inserting ``sections 8 and 9, respectively''. SEC. 9. SCHEDULE OF APPLICATION FEES FOR PERSONAL COMMUNICATIONS SERVICES. The Schedule of Application Fees set forth in section 8(g) of the Communications Act of 1934 (47 U.S.C. 158(g)) is amended by adding at the end of the part relating to Common Carrier Services the following: ``23.Personal Communications Services ``a. Initial or New Application........................ 230 ``b. Amendment to Pending Application.................. 35 ``c. Application for Assignment or Transfer of Control. 230 ``d. Application for Renewal of License................ 35 ``e. Request for Special Temporary Authority........... 200 ``f. Notification of Completion of Construction........ 35 ``g. Request to Combine Service Areas.................. 50.''. SEC. 10. REGULATORY FEES. (a) In General.--Section 9(a) of the Communications Act of 1934 (47 U.S.C. 159(a)) is amended to read as follows: ``(a) General Authority.--The Commission, in accordance with this section, shall assess and collect regulatory fees to recover its costs arising from all executive and legal costs incurred by the Commission in the discharge of these functions.''. (b) Notice to Congress of Adjustments and Amendments.--Section 9(b)(4)(B) of such Act (47 U.S.C. 159(b)(4)(B)) is amended by striking ``90 days'' and inserting ``30 days''. (c) Authority To Collect at Old Rate Pending Effective Date of New Rates.--Section 9(b) of such Act (47 U.S.C. 9(b)) is amended by adding at the end thereof the following: ``(5) Rates pending effective date of modifications.--The Commission may continue to collect any fee imposed under this section at the prior year's rate until the effective date of any adjustment or amendment of that fee under this section.''. SEC. 11. REPORT OF FEE MODIFICATIONS. Section 4(k) of the Communications Act of 1934 (47 U.S.C. 154(k)) is amended-- (1) by striking ``and'' at the end of paragraph (3), (2) by redesignating paragraph (4) as (5), and (3) by inserting after paragraph (3) the following new paragraph: ``(4) a detailed explanation of any modification, adjustment, or amendment of any fees the amount of which was increased or decreased under section 8 or 9 in the preceding year, setting forth the reasons for the modification, adjustment, or amendment, together with a statement of anticipated modifications, adjustments, or amendments of fees under those sections in the year in which the report is submitted and an explanation of the reason such action is anticipated; and''. SEC. 12. TARIFF REJECTION AUTHORITY. Section 203(e) of the Communications Act of 1934 (47 U.S.C. 203(d)) is amended by inserting the following after the first sentence: ``The Commission may, after inviting comment from interested parties, reject a proposed tariff filing in whole or in part if the filing or any part thereof is patently unlawful. In evaluating whether a proposed tariff filing is patently unlawful, the Commission may consider additional information filed by the carrier or any interested party and shall presume the facts alleged by the carrier to be true.''. SEC. 13. REFUND AUTHORITY. Section 205 of the Communications Act of 1934 (47 U.S.C. 205) is amended by adding at the end thereof the following: ``(c) The Commission may require by order the refund of a portion of any charge by a carrier that results from violation of this Act, or of any rule promulgated under this Act. The refund shall be paid, with interest, to the person by or on whose behalf the charge was paid. The Commission may not require payment of a refund under this subsection unless-- ``(1) it issues an order advising the carrier of its potential refund liability and provides the carrier with an opportunity to file written comments as to why the refund should not be required, and ``(2) it issues the order not later than 5 years after the date on which the charge was paid.''. SEC. 14. LICENSING OF AVIATION, MARITIME, AND PERSONAL RADIO SERVICES BY RULE. Section 307(e) of the Communications Act of 1934 (47 U.S.C. 307(e)) is amended-- (1) by striking ``radio control service and the citizens band radio service'' in paragraph (1) and inserting: ``following radio services: (A) personal radio services, (B) aviation radio service for aircraft stations operated on domestic flights when such aircraft are not otherwise required to carry a radio station, and (C) maritime radio service for ship stations navigated on domestic voyages when such ships are not otherwise required to carry a radio station'', and (2) by striking out ``the terms `radio control service' and `citizens band radio service' shall'' in paragraph (3) and inserting: ``the terms `personal radio services', `aircraft station', and `ship station' shall''. SEC. 15. AUCTION TECHNICAL AMENDMENTS. Section 309(j)(8) of the of the Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended-- (1) by inserting ``are authorized to remain available until expended and'' after ``Such offsetting collections'' in the second sentence of subparagraph (B), and (2) by adding at the end thereof the following: ``(C) Revenues on deposit.--The Commission is authorized, based on the competitive bidding methodology selected, to provide for the deposit of monies for bids in an interest-bearing account until such time as the Commission accepts a deposit from the high bidder. All interest earned on bid monies received from the winning bidder shall be deposited into the general fund of the Treasury. All interest earned on bid monies deposited from unsuccessful bidders shall be paid to those bidders, less any applicable fees and penalties.''. SEC. 16. FORFEITURE FOR ACT OR RULE VIOLATIONS IMPERILING SAFETY OF LIFE. (a) Administrative Sanctions.--Section 312(a) of the Communications Act of 1934 (47 U.S.C. 312(a)) is amended-- (1) by striking ``or'' at the end of paragraph (6), (2) by striking the period at the end of paragraph (7) and inserting a semicolon and the word ``or'', and (3) by adding at the end thereof the following: ``(8) for failure to comply with any requirement of this Act or the Commission's rules that imperils the safety of life.''. (b) Forfeitures.--Section 503(b)(1) of such Act (47 U.S.C. 503(b)(1)) is amended-- (1) by striking out ``or'' at the end of subparagraph (C); (2) by inserting ``or'' after the semicolon at the end of subparagraph (D), and (3) by inserting after subparagraph (D) the following: ``(E) failed to comply with any requirement of this Act or the Commission's rules that imperils the safety of life;''. SEC. 17. STATUTE OF LIMITATIONS FOR FORFEITURE PROCEEDINGS AGAINST COMMON CARRIERS. Section 503(b)(6) of the Communications Act of 1934 (47 U.S.C. 503(b)(6)) is amended-- (1) by striking ``or'' at the end of subparagraph (A), (2) by inserting ``and is not a common carrier'' after ``Act'' in subparagraph (B), (3) by redesignating subparagraph (B) as (C), and (4) by inserting after subparagraph (A) the following: ``(B) such person is a common carrier and the required notice of apparent liability is issued more than 5 years after the date on which the violation occurred; or''.

Federal Communications Commission Authorization Act of 1994 - Amends the Communications Act of 1934 (the Act) to authorize appropriations for the Federal Communications Commission (FCC) for FY 1994 and 1995. Derives a portion of such appropriations from application and regulatory fees. Repeals provisions regarding reimbursement of FCC travel expenses. Amends the Federal Communications Commission Authorization Act of 1988 to extend the FCC's: (1) authorization to make grants or enter into agreements to utilize the talents of older Americans in FCC programs through FY 1996; and (2) authorization for the relocation of the Hawaii monitoring station through FY 1997. Waives annual equipment inspections for vessels in compliance with the radio provisions of the Safety Convention that are operating solely in waters beyond U.S. jurisdiction, provided that an inspection is performed within 30 days after return to the United States. Revises application fee provisions to require the FCC, beginning in FY 1995, to modify such fees by proportionate increases or decreases so as to result in estimated total collections for the fiscal year equal to the sum of $40 million plus the amount specified in an appropriation Act to be collected, not to exceed necessary FCC expenses. Sets forth a schedule of application fees for personal communications services. Permits the FCC to reject a proposed tariff filing if the filing or any part is patently unlawful. Authorizes the FCC, subject to certain conditions, to require the refund of a portion of any charge by a carrier that results from violation of this Act. Permits the operation of the following radio services without individual licenses: (1) personal radio services; (2) specified aviation radio service on domestic flights; and (3) maritime radio service for ship stations navigated on domestic voyages when such ships are not otherwise required to carry a radio station. Adds a failure to comply with the Act's requirements or FCC rules that imperils the safety of life to the list of offenses for which the FCC may revoke a station license or construction permit. Imposes a forfeiture penalty for such violation. Bars forfeiture proceedings against common carriers to whom the notice of liability is issued five years after the date of the violation.

Federal Communications Commission Authorization Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congenital Heart Futures Reauthorization Act of 2017''. SEC. 2. NATIONAL CONGENITAL HEART DISEASE RESEARCH, SURVEILLANCE, AND AWARENESS. Section 399V-2 of the Public Health Service Act (42 U.S.C. 280g-13) is amended to read as follows: ``SEC. 399V-2. NATIONAL CONGENITAL HEART DISEASE RESEARCH, SURVEILLANCE, AND AWARENESS. ``(a) In General.--The Secretary shall, as appropriate-- ``(1) enhance and expand research and data collection efforts related to congenital heart disease, including to study and track the epidemiology of congenital heart disease to understand health outcomes for individuals with congenital heart disease across all ages; ``(2) conduct activities to improve public awareness of, and education related to, congenital heart disease, including care of individuals with such disease; and ``(3) award grants to entities to undertake the activities described in this section. ``(b) Activities.-- ``(1) In general.--The Secretary shall carry out activities, including, as appropriate, through a national cohort study and a nationally-representative, population-based surveillance system, to improve the understanding of the epidemiology of congenital heart disease in all age groups, with particular attention to-- ``(A) the incidence and prevalence of congenital heart disease in the United States; ``(B) causation and risk factors associated with, and natural history of, congenital heart disease; ``(C) health care utilization by individuals with congenital heart disease; ``(D) demographic factors associated with congenital heart disease, such as age, race, ethnicity, sex, and family history of individuals who are diagnosed with the disease; and ``(E) evidence-based practices related to care and treatment for individuals with congenital heart disease. ``(2) Permissible considerations.--In carrying out the activities under this section, the Secretary may, as appropriate-- ``(A) collect data on the health outcomes, including behavioral and mental health outcomes, of a diverse population of individuals of all ages with congenital heart disease, such that analysis of the outcomes will inform evidence-based practices for individuals with congenital heart disease; and ``(B) consider health disparities among individuals with congenital heart disease, which may include the consideration of prenatal exposures. ``(c) Awareness Campaign.--The Secretary may carry out awareness and educational activities related to congenital heart disease in individuals of all ages, which may include information for patients, family members, and health care providers, on topics such as the prevalence of such disease, the effect of such disease on individuals of all ages, and the importance of long-term, specialized care for individuals with such disease. ``(d) Public Access.--The Secretary shall ensure that, subject to subsection (e), information collected under this section is made available, as appropriate, to the public, including researchers. ``(e) Patient Privacy.--The Secretary shall ensure that the data and information collected under this section are made available in a manner that, at a minimum, protects personal privacy to the extent required by applicable Federal and State law. ``(f) Eligibility for Grants.--To be eligible to receive a grant under subsection (a)(3), an entity shall-- ``(1) be a public or private nonprofit entity with specialized experience in congenital heart disease; and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $10,000,000 for each of fiscal years 2020 through 2024.''. SEC. 3. REPORT. Not later than 3 years after the date of enactment of the Congenital Heart Futures Reauthorization Act of 2017, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing any activities carried out pursuant to section 399V-2 of the Public Health Service Act (as amended by section 2), including planned activities, and a summary of any research findings and ongoing research efforts, gaps, and areas of greatest need within the Department of Health and Human Services regarding congenital heart disease in patients of all ages. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was reported to the House on September 25, 2017. Congenital Heart Futures Reauthorization Act of 2017 (Sec. 2) This bill amends the Public Health Service Act to replace the authorization for a National Congenital Heart Disease Surveillance System with a requirement for the Department of Health and Human Services (HHS), regarding congenital heart disease, to enhance and expand research and surveillance infrastructure. (Congenital heart disease is a condition caused by a heart defect that is present at birth.) HHS must award grants to nonprofit entities to conduct a study of congenital heart disease, from birth to adulthood, that considers health care utilization, demographic factors, and outcomes. Data from the study must be made available to the public. (Sec. 3) The National Heart, Lung, and Blood Institute must report on its ongoing research efforts regarding congenital heart disease, future plans for such research, and areas of greatest need for such research.

Congenital Heart Futures Reauthorization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zero Gravity, Zero Tax Act of 2005''. SEC. 2. EXCLUSION OF SPACE-RELATED INCOME FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139A the following new section: ``SEC. 139B. SPACE-RELATED INCOME. ``(a) General Rule.--Gross income shall not include space-related income. ``(b) Space-Related Income.-- ``(1) In general.--For purposes of this section, the term `space-related income' means-- ``(A) income derived from the sale by the taxpayer to an unrelated person of-- ``(i) any product or article which is produced by the taxpayer in outer space, and ``(ii) any service provided by the taxpayer in or from outer space, ``(B) income of an individual attributable to services performed in or from outer space by such individual in a trade or business, and ``(C) any amount not described in subparagraph (A) or (B) which is interest, rent, royalty, or similar amount received with respect to production or service described in subparagraph (A) or (B). ``(2) Exception for telecommunications services, etc.-- Paragraph (1)(A)(ii) shall not apply to-- ``(A) any telecommunications service provided from earth orbit, ``(B) any service provided by a weather or other earth observation satellite, and ``(C) any other service provided on or before the date of the enactment of this section of transporting property to or from outer space. ``(3) Exception for wages.--Paragraph (1) shall not apply to wages (as defined in section 3401) received by any employee of an employer. ``(4) Proportional allocation between space-based and earth-based activities.--In the case of any product or article which is produced partly in space, space-related income shall be an amount which bears the same ratio to the amount of gross income attributable to the sale of such product or article as the expenses attributable to producing such product or article in space bears to the total expenses incurred in producing such product or article. ``(5) Produced.--For purposes of this section, the term `produced' includes created, fabricated, developed, grown, manufactured, extracted, processed, cured, and aged. ``(c) Exclusion From Tariffs, Etc.--Any product-- ``(1) which is manufactured in outer space, and ``(2) which was-- ``(A) launched from, and returned to Earth, within the United States, or ``(B) Manufactured at a facility in outer space which is owned by 1 or more United States persons, shall be exempt from all Federal excises, imposts, and duties and any other Federal tariffs. ``(d) Phaseout of Benefits.--In the case of a taxable year beginning after December 31, 2014, the amount excluded under subsection (a) shall be reduced (but not below zero) by x/10th's of the amount excludable without regard to this subsection, where `x' is the number of years such taxable year is after the last taxable year beginning before January 1, 2015. A similar rule shall apply to the benefits under subsection (c).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Space-related income.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. CREDIT FOR PURCHASE OF QUALIFIED SPACE COMPANY STOCK. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45J. SPACE COMPANY INVESTMENT CREDIT. ``(a) General Rule.--For purposes of section 38, the space company investment credit determined under this section for any taxable year is the amount paid in the taxable year for the purchase of qualified stock in a qualified space company. ``(b) Qualified Space Company.--For purposes of this section-- ``(1) In general.--The term `qualified space company' means a domestic C corporation if for the 3-taxable-year period ending with the taxable year immediately preceding the taxable year in which qualified stock is purchased-- ``(A) the average annual gross receipts of such entity does not exceed $100,000,000, and ``(B) more than 70 percent of such gross receipts are derived from space-based business. ``(2) Space-based business.--The term `space-based business' means a business whose gross receipts are substantially space-related income, as defined in section 139B(b). ``(3) Aggregation rules.--Rules similar to the rules of section 1202(d)(3) shall apply. ``(c) Qualified Stock.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this section, the term `qualified stock' means any stock in a domestic C corporation if-- ``(A) as of the date of issuance of such stock, such corporation is a qualified space company, and ``(B) except as provided in subsections (f) and (h), such stock is acquired by the taxpayer at its original issue (directly or through an underwriter)-- ``(i) in exchange for money or other property (not including stock), or ``(ii) as compensation for services provided to such corporation (other than services performed as an underwriter of such stock). ``(2) Active business requirement.--Stock in a corporation shall not be treated as qualified stock unless, during substantially all of the taxpayer's holding period for such stock-- ``(A) such corporation meets active business requirements substantially similar to the requirements of section 1202(e), determined on the basis that the qualified trade or business is a space-based business, and ``(B) such corporation is a C corporation. ``(3) Certain purchase by corporation of its own stock.-- Rules similar to the rules of section 1202(c)(3) shall apply. ``(e) Recapture.--If, during any taxable year ending with or within the 10-year period beginning on the date qualified stock was purchased by the taxpayer, the issuer of such stock ceases to a qualified space company, the tax under this chapter for such taxable year shall be increased by the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under subsection (a) with respect to such stock. ``(f) Termination.--This section shall not apply to stock acquired after December 31, 2013.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) space company investment credit determined under section 45I(a).''. (c) Conforming Amendments.-- (1) Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) the space company investment credit determined under section 45I(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45J. Space Company Investment Credit.''. (d) Effective Date.--The amendments made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2005. SEC. 4. CAPITAL GAINS EXCLUSION. (a) In General.--Part I of subchapter P of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. EXCLUSION FOR GAINS FROM SALE OR EXCHANGE OF STOCK OF QUALIFIED SPACE CORPORATIONS. ``(a) In General.--Gross income shall not include gain on the sale or exchange of any stock of a qualified space corporation. ``(b) Qualified Space Corporation.--For purposes of subsection (a), the term `qualified space corporation' means, with respect to any taxable year, a domestic corporation which is a C corporation if-- ``(1) such corporation is organized exclusively for providing to unrelated persons-- ``(A) any product or article which is produced (within the meaning of section 139B(b)(5)) by the corporation in outer space, or ``(B) any service provided by the corporation in or from outer space, and ``(2) At least 90 percent of the expenses of such corporation are attributable to the active conduct of a trade or business of providing a product, article, or service described in paragraph (1). Such term shall not include a corporation providing a service, product, or article described in section 139B(b)(2).''. (b) Clerical Amendment.--The table of sections for part I of subchapter P of such Code is amended by adding at the end the following new item: ``Sec. 1203. Exclusion for gains from sale or exchange of stock of qualified space corporations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.

Zero Gravity, Zero Tax Act of 2005 - Amends the Internal Revenue Code to: (1) exclude from gross income space-related income from products or articles produced, or services provided, in or from outer space; (2) allow an investment tax credit for the purchase of stock in a space company that has average annual gross receipts not exceeding $100 million and that derives more than 70 percent of its gross receipts from space-based business; and (3) exclude from gross income gain from the sale or exchange of any stock of certain space corporations.

To amend the Internal Revenue Code of 1986 to provide tax incentives for investing in companies involved in space-related activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Egyptian Counterterrorism and Political Reform Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Egypt is not a reliable ally in the war on terrorism. (2) The Middle East Media Research Institute (MEMRI) reports that only two weeks before the September 11, 2001, attacks, the Egyptian Government daily newspaper Al-Akhbar published a column that stated: ``The Statue of Liberty, in New York Harbor, must be destroyed because of following the idiotic American policy that goes from disgrace to disgrace in the swamp of bias and blind fanaticism.''. (3) According to the Middle East Media Research Institute, the Egyptian Government weekly newspaper Al-Ahram Al-Arabi published on September 22, 2001, an op-ed article that stated: ``For many long years, America made many peoples in the world cry. It was always [America] that carried out the acts; now, acts are being carried out [against] it. A cook who concocts poison must one day also taste that poison!''. (4) In the 1979 peace treaty between Egypt and Israel, signed after the Camp David Accords, each party agreed ``to ensure that acts or threats of belligerency, hostility or violence do not originate from and are not committed from within its territory . . . against the population, citizens, or property of the other party.''. (5) The Israeli Defense Forces have repeatedly found arms smuggling tunnels between Egypt and the Gaza Strip. More than 40 tunnels were discovered in 2003. Some of these tunnels originate in Egyptian army and police outposts. (6) Egyptian President Mubarak publicly stated that Hezbollah had a ``right'' to attack Israelis in Southern Lebanon. (7) The Middle East Media Research Institute reports that Dr. Ahmad Al-Tayyeb, recently appointed by the Egyptian Government to be the Mufti of Egypt, told a conference at the University of Cairo in March 2003 that ``martyrdom operations, in which the Palestinians blow up targets of the Israeli occupation, are actions that are 100 percent permitted according to Islamic religious law, and it is forbidden to facilitate attack of a Muslim country . . . Any attempt to invade Iraq is forbidden by Islamic religious law and by morality, and Islam forbids it, and even commands its believers to resist attempts at invasion and occupation.''. (8) According to the Middle East Media Research Institute, on August 17, 2001, the Egyptian Government daily newspaper Al- Akhbar contained an editorial that stated: ``All that we have left to say to the sons of Palestine . . . Kill your enemies wherever you may find them. This is a life and death conflict between you and them and it will not be over through calming attempts. The only thing that will force your enemy to surrender and to accept your demands is force, whatever the sacrifices may be.''. (9) On May 9, 2003, President Bush stated: ``Over time, the expansion of liberty throughout the world is the best guarantee of security throughout the world. Freedom is the way to peace. . . . We're determined to help build a Middle East that grows in hope, instead of resentment. Because of the ideals and resolve of this Nation, you and I will not live in an age of terror. We will live in an age of liberty.''. (10) In November 2003 President Bush stated: ``The great and proud nation Egypt . . . should show the way toward democracy in the Middle East.''. (11) The United States Government's Middle East Partnership Initiative (MEPI) ``champions an expanded public space where democratic voices can be heard in the political process, and the people have a choice in governance''. (12) Egypt is a dictatorship. The due process and separation of powers key to any functioning democracy have been stifled in Egypt since Hosni Mubarak assumed the presidency more than 22 years ago. The so-called emergency powers he renews every three years allow him to arrest political opponents, their family and friends. Some experts believe that President Mubarak's refusal to name a successor or vice president suggests his intention to have his son, Gamal Mubarak, succeed him. (13) Egypt regularly tortures its citizens. According to the Egyptian Organization for Human Rights approximately 13,000 to 16,000 people are detained without charge on suspicion of security or political offenses in Egypt each year. Amnesty International published a report last year stating that ``everyone taken into detention in Egypt is at risk of torture''. (14) The Washington Post reported on January 6, 2004, that 14 people have been allegedly tortured and killed in Egyptian jails over the course of the past 2 years. (15) The Coptic Christian minority of between 6 and 10 million in Egypt is victimized regularly, and remains without protection. The Government of Egypt has never taken responsibility for the arrest and torture of more than 1,200 Copts in late 1998 in the wake of sectarian violence. (16) In the 1979 peace treaty between Egypt and Israel, each party agreed ``that the normal relationship between them will include full recognition, diplomatic, economic and cultural relations, termination of economic boycotts, and discriminatory barriers to the free movement of people and good, and will guarantee the mutual enjoyment by citizens of the due process of law''. (17) As a member of the Arab League, which maintains a boycott against Israel, Egypt recalled its ambassador to Israel in November of 2000, putting immense strain on the diplomatic relations established between the two countries 25 years ago at Camp David. (18) In the 1979 peace treaty between Egypt and Israel, each party agreed that ``the Parties shall seek to foster mutual understanding and tolerance and will, accordingly, abstain from hostile propaganda against each other''. (19) The American Jewish Committee reported that the government controlled newspaper, Al-Ahkbar, published two award-winning columns entitled, ``Thanks to Hitler''. The Middle East Media Research Institute reported that another government controlled paper, Al-Ahram, suggested that ``responsibility for [the August bombing in the Iraqi city of Najaf] is Western responsibility--and more specifically, American''. (20) The television series ``Knight Without a Horse'' was broadcast on Egypt's state-run television during Ramadan 2002. The television program was based on the Protocols of the Elders of Zion, an anti-Semitic document that suggests that Jews are planning to take over the world. (21) On March 23, 2003, The Washington Post reported: ``The most popular singer in Egypt is Shaaban Abdel-Rahim, an illiterate man whose tape `I hate Israel' has sold more than 5 million copies. One of the most successful plays, `Mama America', a virulently anti-American piece by well-known artist Mohammed Sobhi, has been running for months.''. SEC. 3. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE FOR EGYPT. (a) Prohibition.--Notwithstanding any other provision of law, for fiscal year 2005 and subsequent fiscal years, United States military assistance may not be provided for Egypt. (b) Waiver.--The President may waive the application of subsection (a) for a fiscal year if the President determines and certifies to Congress that it is in the national security interests of the United States to do so. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the amount of United States military assistance that would have been provided for Egypt for a fiscal year but for the application of section 3(a) should be provided for Egypt for such fiscal year in the form of economic support fund assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 and further that such assistance should be in addition to economic support fund assistance already proposed to be provided for Egypt for such fiscal year; (2) funds for economic support fund assistance for Egypt should not be used by the armed forces of Egypt; (3) 30 days prior to the initial obligation of funds for economic support fund assistance for Egypt for a fiscal year, the President should certify to Congress that procedures have been established to ensure that the Comptroller General will have access to appropriate United States financial information in order to review the uses of such funds; and (4) the agreement among the United States, Egypt, and Israel to decrease the overall amount of United States foreign assistance for both countries should continue. SEC. 5. DEFINITION. In this Act, the term ``United States military assistance'' means-- (1) assistance for nonproliferation, anti-terrorism, demining and related programs and activities, including assistance under chapter 8 of part II of the Foreign Assistance Act of 1961 (relating to anti-terrorism assistance) and assistance under chapter 9 of part II of such Act, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act, or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the dest

Egyptian Counterterrorism and Political Reform Act - Prohibits military assistance to Egypt unless the President determines and certifies to Congress that it is in the national security interests to provide assistance for a given fiscal year. Expresses the sense of Congress that: (1) funds that would have been provided for military assistance should be given in the form of economic support fund assistance and not used by the armed forces of Egypt; (2) the President should certify the establishment of procedures to ensure access by the Comptroller General to appropriate financial information in order to review the use of these funds; and (3) the agreement among the United States, Egypt, and Israel to decrease the overall amount of U.S. foreign assistance for both countries should continue.

To prohibit United States military assistance for Egypt and to express the sense of Congress that the amount of military assistance that would have been provided for Egypt for a fiscal year should be provided in the form of economic support fund assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Banking for Human Traffickers Act of 2018''. SEC. 2. INCREASING THE ROLE OF THE FINANCIAL INDUSTRY IN COMBATING HUMAN TRAFFICKING. (a) Treasury as a Member of the President's Interagency Task Force To Monitor and Combat Trafficking.--Section 105(b) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting ``the Secretary of the Treasury,'' after ``the Secretary of Education,''. (b) Required Review of Procedures.--Not later than 180 days after the date of the enactment of this Act, the Financial Institutions Examination Council, in consultation with the Secretary of the Treasury, the private sector, and appropriate law enforcement agencies, shall-- (1) review and enhance training and examinations procedures to improve the capabilities of anti-money laundering and countering the financing of terrorism programs to detect financial transactions relating to severe forms of trafficking in persons; (2) review and enhance procedures for referring potential cases relating to severe forms of trafficking in persons to the appropriate law enforcement agency; and (3) determine, as appropriate, whether requirements for financial institutions are sufficient to detect and deter money laundering relating to severe forms of trafficking in persons. (c) Interagency Task Force Recommendations Targeting Money Laundering Related to Human Trafficking.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Interagency Task Force to Monitor and Combat Trafficking shall submit to the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs and the Committee on the Judiciary of the Senate, and the head of each appropriate Federal banking agency-- (A) an analysis of anti-money laundering efforts of the United States Government and United States financial institutions relating to severe forms of trafficking in persons; and (B) appropriate legislative, administrative, and other recommendations to strengthen efforts against money laundering relating to severe forms of trafficking in persons. (2) Required recommendations.--The recommendations under paragraph (1) shall include-- (A) feedback from financial institutions on best practices of successful programs to combat severe forms of trafficking in persons currently in place that may be suitable for broader adoption by similarly situated financial institutions; (B) feedback from stakeholders, including victims of severe forms of trafficking in persons and financial institutions, on policy proposals derived from the analysis conducted by the task force referred to in paragraph (1) that would enhance the efforts and programs of financial institutions to detect and deter money laundering relating to severe forms of trafficking in persons, including any recommended changes to internal policies, procedures, and controls relating to severe forms of trafficking in persons; (C) any recommended changes to training programs at financial institutions to better equip employees to deter and detect money laundering relating to severe forms of trafficking in persons; (D) any recommended changes to expand information sharing relating to severe forms of trafficking in persons among financial institutions and between such financial institutions, appropriate law enforcement agencies, and appropriate Federal agencies; and (E) recommended changes, if necessary, to existing statutory law to more effectively detect and deter money laundering relating to severe forms of trafficking in persons, where such money laundering involves the use of emerging technologies and virtual currencies. (d) Limitation.--Nothing in this Act shall be construed to grant rulemaking authority to the Interagency Task Force to Monitor and Combat Trafficking. (e) Definitions.--As used in this section-- (1) the term ``appropriate Federal banking agency'' has the meaning given the term in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)); (2) the term ``severe forms of trafficking in persons'' has the meaning given such term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (3) the term ``Interagency Task Force to Monitor and Combat Trafficking'' means the Interagency Task Force to Monitor and Combat Trafficking established by the President pursuant to section 105 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103); and (4) the term ``law enforcement agency'' means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal or civil law. SEC. 3. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE. (a) Functions.--Section 312(a)(4) of title 31, United States Code, is amended-- (1) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; and (2) by inserting after subparagraph (D) the following: ``(E) combating illicit financing relating to severe forms of trafficking in persons;''. (b) Interagency Coordination.--Section 312(a) of title 31, United States Code, is amended by adding at the end the following: ``(8) Interagency coordination.--The Secretary of the Treasury, after consultation with the Undersecretary for Terrorism and Financial Crimes, shall designate an office within the OTFI that shall coordinate efforts to combat the illicit financing of severe forms of trafficking in persons with-- ``(A) other offices of the Department of the Treasury; ``(B) other Federal agencies, including-- ``(i) the Office to Monitor and Combat Trafficking in Persons of the Department of State; and ``(ii) the Interagency Task Force to Monitor and Combat Trafficking; ``(C) State and local law enforcement agencies; and ``(D) foreign governments.''. (c) Definition.--Section 312(a) of title 31, United States Code, as amended by this section, is further amended by adding at the end the following: ``(9) Definition.--In this subsection, the term `severe forms of trafficking in persons' has the meaning given such term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).''. SEC. 4. ADDITIONAL REPORTING REQUIREMENT UNDER THE TRAFFICKING VICTIMS PROTECTION ACT OF 2000. Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended-- (1) in the matter preceding subparagraph (A)-- (A) by inserting ``the Committee on Financial Services,'' after ``the Committee on Foreign Affairs,''; and (B) by inserting ``the Committee on Banking, Housing, and Urban Affairs,'' after ``the Committee on Foreign Relations,''; (2) in subparagraph (Q)(vii), by striking ``; and'' and inserting a semicolon; (3) in subparagraph (R), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(S) the efforts of the United States to eliminate money laundering relating to severe forms of trafficking in persons and the number of investigations, arrests, indictments, and convictions in money laundering cases with a nexus to severe forms of trafficking in persons.''. SEC. 5. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING. Section 108(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7106(b)) is amended by adding at the end the following new paragraph: ``(13) Whether the government of the country, consistent with the capacity of the country, has in effect a framework to prevent financial transactions involving the proceeds of severe forms of trafficking in persons, and is taking steps to implement such a framework, including by investigating, prosecuting, convicting, and sentencing individuals who attempt or conduct such transactions.''. Passed the House of Representatives April 10, 2018. Attest: KAREN L. HAAS, Clerk.

End Banking for Human Traffickers Act of 2018 (Sec. 2) This bill amends the Victims of Trafficking and Violence Protection Act of 2000 to add the Secretary of the Treasury as a member of the President's Interagency Task Force to Monitor and Combat Trafficking. The task force must submit to Congress recommendations for the revision of anti-money laundering programs specifically targeting severe forms of human trafficking. The Federal Financial Institutions Examination Council must: (1) review and enhance training and procedures to improve the capability of specified programs to target financial transactions relating to severe forms of human trafficking, (2) review and enhance procedures for referring potential severe human trafficking cases to the appropriate law enforcement agency, and (3) determine whether financial institution requirements are sufficient to detect and deter money laundering related to severe forms of human trafficking. (Sec. 3) The Office of Terrorism and Financial Intelligence must coordinate with other specified agencies to combat the illicit financing relating to severe forms of human trafficking. (Sec. 4) The bill amends the Trafficking Victims Protection Act of 2000 to require the task force to report on efforts to eliminate money laundering related to severe forms of human trafficking. (Sec. 5) The bill provides additional criteria to be considered by the State Department to indicate a country's serious and sustained efforts to eliminate human trafficking. Specifically, the bill adds criteria regarding whether a country has taken or is taking steps to implement a framework for preventing financial transactions involving severe forms of human trafficking.

End Banking for Human Traffickers Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Children Learn Act''. SEC. 2. ASTHMA, VISION, AND HEARING SCREENING FOR EARLY HEAD START AND HEAD START PROGRAMS. (a) Early Head Start Programs.--Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended by adding at the end the following: ``(h) Asthma, Vision, and Hearing Screening.-- ``(1) In general.--An entity that receives assistance under this section may carry out a program under which the entity-- ``(A) determines whether a child eligible to participate in the program described in subsection (a)(1) has received each of an asthma, vision, and hearing screening test using a test that is appropriate for age and risk factors on the enrollment of the child in the program; and ``(B) in the case of a child who has not received each of an asthma, and vision, and hearing screening test, ensures that the enrolled child receives such a test either by referral or by performing the test (under contract or otherwise). ``(2) Reimbursement.-- ``(A) In general.--On the request of an entity that performs or arranges for the performance of an asthma, vision, or hearing screening test under paragraph (1) on a child who is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), the Secretary of Health and Human Services, notwithstanding any other provision of, or limitation under, title XIX of the Social Security Act, shall reimburse the entity, from funds that are made available under that title, for 100 percent of the cost of the test and data reporting. ``(B) Costs.--The costs of a test conducted under this subsection-- ``(i) shall include reimbursement for testing devices and associated supplies approved for sale by the Food and Drug Administration and used in compliance with section 353 of the Public Health Service Act (42 U.S.C. 263a); and ``(ii) shall include reimbursement for administering the tests and related services, as determined appropriate by the State agency. ``(3) Head start.--This subsection shall apply to Head Start programs that include coverage, directly or indirectly, for infants and toddlers under the age of 3 years.''. (b) Head Start Programs.--Section 642(b) of the Head Start Act (42 U.S.C. 9837(b)) is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(12) with respect to an agency that elects to carry out a program under section 645(h), comply with the requirements of such section 645A(h) in the case of each child eligible to participate in the Head Start program to be carried out by the agency.''. SEC. 3. ASTHMA, VISION, AND HEARING SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN PUBLIC SCHOOLS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the following: ``SEC. 320B. ASTHMA, VISION, AND HEARING SCREENING AND TREATMENT FOR CHILDREN ENROLLED IN PUBLIC SCHOOLS. ``(a) Grants.--The Secretary shall award grants to eligible local educational agencies to enable such agencies to carry out asthma, vision, hearing, or other health screening and case management programs determined appropriate by the Secretary in accordance with the program elements described in subsection (d). ``(b) Eligibility.--To be eligible to receive a grant under subsection (a), a local educational agency shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Preference.--In awarding grants under this section, the Secretary shall give preference to local educational agencies serving schools that are located in areas with a high incidence of childhood asthma or a high death rate associated with childhood asthma. ``(d) Program Elements.-- ``(1) Asthma.--Under an asthma program operated under a grant under this section, a local educational agency shall-- ``(A) determine whether a child enrolled in a school in which the program is in effect has received an asthma screening test using a test that is appropriate for age and risk factors on the enrollment of the child in the school; ``(B) in the case of a child who has not received an asthma screening test, ensure that the child receives such a test either by referral or by performing the test (under contract or otherwise); and ``(C) in the case of a child determined to have asthma, provide treatment or refer the child for treatment (including case management) and education in the management of asthma. ``(2) Vision and hearing.--Under a vision and hearing program operated under a grant under this section, a local educational agency shall-- ``(A) elect to provide vision and hearing screening tests-- ``(i) to all children enrolled in a school who are most likely to suffer from vision or hearing loss; or ``(ii) to all children enrolled in a school; ``(B) ensure that the category of children elected under subparagraph (A) receive such tests, either by referral or by performing the test (under contract or otherwise), that are appropriate for the age and risk factors of the children, based on the enrollment of the children in the school; and ``(C) in the case of any child determined to have a vision or hearing impairment, provide the child with such eyewear and hearing aids as are appropriate to correct the child's vision or hearing, to the extent that such correction is feasible. ``(3) Other health screening programs.--The Secretary shall determine the program elements that shall be applicable to other health screening programs operated under a grant under this section. ``(e) Reimbursement.-- ``(1) Children enrolled in or eligible for medicaid.-- ``(A) In general.--With respect to a child who is eligible for or receiving medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and who receives, or is provided, a test, treatment, education, corrective eyewear, or hearing aid under a program established under subsection (a), the Secretary, notwithstanding any other provision of, or limitation under, such title XIX, including the payment limitation commonly known as the `free care rule', shall reimburse the local educational agency administering such program from funds that are made available under such title XIX for 100 percent of the cost of the performance, arrangement, or provision and data reporting. ``(B) Costs.--The costs of a test conducted under this section shall include reimbursement for-- ``(i) testing devices and associated supplies approved for sale by the Food and Drug Administration and used in compliance with section 353; and ``(ii) administering the tests and related services, as determined appropriate by the State agency responsible for the administration of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). ``(2) Children enrolled in or eligible for schip.-- ``(A) In general.--With respect to a child who is eligible for or receiving child health assistance under a State plan under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) and who receives, or is provided, a test, treatment, education, corrective eyewear, or hearing aid under a program established under subsection (a), the Secretary, notwithstanding any other provision of, or limitation under, such title XXI, or any other provision of law (including the payment limitation under title XIX commonly known as the `free care rule' to the extent, if any, such limitation applies to the State children's health insurance program established under title XXI of that Act), shall reimburse the local educational agency administering such program from funds that are made available under such title XXI for 100 percent of the cost of the performance, arrangement, or provision and data reporting. ``(B) Costs.--The costs shall include the costs described in paragraph (1)(B). ``(f) Definitions.--In this section, the terms `local educational agency' and `elementary and secondary school' shall have the meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section with respect to a child, and any data reporting with respect to the child, who is not eligible for coverage under title XIX or XXI of the Social Security Act, or is not otherwise covered under a health insurance plan-- ``(1) $10,000,000 for each of fiscal years 2004 through 2009 to carry out asthma programs; ``(2) $10,000,000 for each of fiscal years 2004 through 2009 to carry out vision and hearing programs; and ``(3) such sums as may be necessary for each of fiscal years 2004 through 2009 to carry out other health screening programs. ``(h) Evaluations.--Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report containing data related to whether grants provided under this section have ensured that children at the highest risk for asthma, vision, hearing, and other health problems are identified and treated.''. SEC. 4. PAYMENTS FOR SCREENING AND TREATMENT PROVIDED TO CHILDREN ELIGIBLE UNDER FEDERAL HEALTH PROGRAMS. Nothing in any provision of law relating to a Federal program that provides, directly or indirectly, health benefits coverage for children (including the programs established under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.)) and including the payment limitation commonly known as the ``free care rule'', shall be construed as prohibiting or restricting, or authorizing the Secretary of Health and Human Services to prohibit or restrict, payment under any such program for medical assistance for covered services furnished to a child who is eligible for or receiving medical assistance under such program and who receives an asthma, vision, hearing, or other health screening test, or is provided treatment, education in disease management, corrective eyewear, or hearing aids, through a public elementary or secondary school, whether directly or indirectly, and regardless of whether the school participates in a program established under subsection (a) or (b) of section 1120C of the Elementary and Secondary Education Act of 1965.

Healthy Children Learn Act - Amends the Head Start Act to authorize early Head Start and Head Start programs to carry out asthma, vision, and hearing screening programs.Amends the Public Health Service Act to direct the Secretary Of Health and Human Services to award grants to local educational agencies for asthma, vision, hearing, and other health screening programs for public school children.States that nothing under any law relating to a program that provides health benefits coverage for children and including the payment limitation known as the "free care rule" shall be construed as prohibiting or restricting assistance for children receiving asthma, vision, hearing, or other health screening tests.

A bill to ensure that children at highest risk for asthma, vision, hearing, and other health problems are identified and treated.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Year 2016 Department of Veterans Affairs Seismic Safety and Construction Authorization Act''. SEC. 2. AUTHORIZATION OF CERTAIN MAJOR MEDICAL FACILITY PROJECTS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Findings.--Congress finds the following: (1) The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2016, which was passed by the Senate on November 10, 2015, without a single vote cast against the bill, and the Consolidated Appropriations Act, 2016 include the following amounts to be appropriated to the Department of Veterans Affairs: (A) $35,000,000 to make seismic corrections to Building 208 at the West Los Angeles Medical Center of the Department in Los Angeles, California, which, according to the Department, is a building that is designated as having an exceptionally high risk of sustaining substantial damage or collapsing during an earthquake. (B) $158,000,000 to provide for the construction of a new research building, site work, and demolition at the San Francisco Veterans Affairs Medical Center. (C) $161,000,000 to replace Building 133 with a new community living center at the Long Beach Veterans Affairs Medical Center, which, according to the Department, is a building that is designated as having an extremely high risk of sustaining major damage during an earthquake. (D) $468,800,000 for construction projects that are critical to the Department for ensuring health care access and safety at medical facilities in Louisville, Kentucky, Jefferson Barracks in St. Louis, Missouri, Perry Point, Maryland, American Lake, Washington, Alameda, California, and Livermore, California. (2) The Department is unable to obligate or expend the amounts described in paragraph (1), other than for construction design, because the Department lacks an explicit authorization by an Act of Congress pursuant to section 8104(a)(2) of title 38, United States Code, to carry out the major medical facility projects described in such paragraph. (3) Among the major medical facility projects described in paragraph (1), three are critical seismic safety projects in California. (4) Every day that the critical seismic safety projects described in paragraph (3) are delayed increases the risk of a life-threatening building failure in the case of a major seismic event. (5) According to the United States Geological Survey-- (A) California has more than a 99 percent chance of experiencing an earthquake of magnitude 6.7 or greater in the next 30 years; (B) even earthquakes of less severity than magnitude 6.7 can cause life threatening damage to seismically unsafe buildings; and (C) in California, earthquakes of magnitude 6.0 or greater occur on average once every 1.2 years. (b) Authorization.--The Secretary of Veterans Affairs may carry out the following major medical facility projects, with each project to be carried out in an amount not to exceed the amount specified for that project: (1) Seismic corrections to buildings, including retrofitting and replacement of high-risk buildings, in San Francisco, California, in an amount not to exceed $180,480,000. (2) Seismic corrections to facilities, including facilities to support homeless veterans, at the medical center in West Los Angeles, California, in an amount not to exceed $105,500,000. (3) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $287,100,000. (4) Construction of an outpatient clinic, administrative space, cemetery, and columbarium in Alameda, California, in an amount not to exceed $87,332,000. (5) Realignment of medical facilities in Livermore, California, in an amount not to exceed $194,430,000. (6) Construction of a medical center in Louisville, Kentucky, in an amount not to exceed $150,000,000. (7) Construction of a replacement community living center in Perry Point, Maryland, in an amount not to exceed $92,700,000. (8) Seismic corrections and other renovations to several buildings and construction of a specialty care building in American Lake, Washington, in an amount not to exceed $16,260,000. (c) Authorization of Appropriations for Construction.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2016 or the year in which funds are appropriated for the Construction, Major Projects, account, $1,113,802,000 for the projects authorized in subsection (b). (d) Limitation.--The projects authorized in subsection (b) may only be carried out using-- (1) funds appropriated for fiscal year 2016 pursuant to the authorization of appropriations in subsection (c); (2) funds available for Construction, Major Projects, for a fiscal year before fiscal year 2016 that remain available for obligation; (3) funds available for Construction, Major Projects, for a fiscal year after fiscal year 2016 that remain available for obligation; (4) funds appropriated for Construction, Major Projects, for fiscal year 2016 for a category of activity not specific to a project; (5) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 2016 for a category of activity not specific to a project; and (6) funds appropriated for Construction, Major Projects, for a fiscal year after fiscal year 2016 for a category of activity not specific to a project. Passed the Senate January 20, 2016. Attest: JULIE E. ADAMS, Secretary.

. Fiscal Year 2016 Department of Veterans Affairs Seismic Safety and Construction Authorization Act (Sec. 2) This bill authorizes the Department of Veterans Affairs (VA) to carry out the following major medical facility projects (each with specified maximum authorized funds): seismic corrections to buildings, including retrofitting and replacement of high-risk buildings, in San Francisco, California; seismic corrections to facilities, including facilities to support homeless veterans, at the medical center in West Los Angeles, California; seismic corrections to the mental health and community living center in Long Beach, California; construction of an outpatient clinic, administrative space, cemetery, and columbarium in Alameda, California; realignment of medical facilities in Livermore, California; construction of a medical center in Louisville, Kentucky; construction of a replacement community living center in Perry Point, Maryland; and seismic corrections and other renovations to several buildings and construction of a specialty care building in American Lake, Washington. A specified amount is authorized to be appropriated to the VA for such projects for FY2016 or the year in which funds are appropriated for the Construction, Major Projects, account. Such projects may only be carried out using: funds appropriated for FY2016 pursuant to such authorization; funds available for Construction, Major Projects, for a fiscal year before, or a fiscal year after, FY2016 that remain available for obligation; funds appropriated for Construction, Major Projects, for FY2016 for a category of activity not specific to a project; and funds appropriated for Construction, Major Projects, for a fiscal year before, or a fiscal year after, FY2016 for a category of activity not specific to a project.

Fiscal Year 2016 Department of Veterans Affairs Seismic Safety and Construction Authorization Act

SECTION 1. DUTY-FREE TREATMENT FOR TENTS FROM CERTAIN MIDDLE EASTERN COUNTRIES. Notwithstanding any other provision of law, the President shall provide duty-free treatment for any article classified under Harmonized Tariff Schedule heading 6306.22.90 from the beneficiary countries eligible for designation under section 2 of this Act. SEC. 2. DESIGNATION OF ELIGIBLE COUNTRIES. (a) In General.--The President shall designate any country listed in subsection (c) as a beneficiary country. After one year of enactment of this Act, the President shall conduct a review to determine if a basis exists for the withdrawal of duty-free treatment, taking into consideration whether or not each beneficiary country-- (1) has established, or is making continual progress toward establishing-- (A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; (B) the rule of law and the right to due process, a fair trial, and equal protection under the law; (C) political pluralism, a climate free of political intimidation and restrictions on peaceful political activity, and democratic elections that meet international standards of fairness, transparency, and participation; (D) the elimination of barriers to United States trade and investment, including by-- (i) providing national treatment and measures to create an environment conducive to domestic and foreign investment; (ii) protecting intellectual property; and (iii) resolving bilateral trade and investment disputes; (E) economic policies that reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs; (F) a system to combat corruption and bribery, such as signing and implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; (G) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work; and (H) policies that provide a high level of environmental protection; (2) does not engage in activities that undermine United States national security or foreign policy interests, and supports a peaceful resolution of the Israeli-Palestinian conflict; (3) is a signatory of the United Nations Declaration of Human Rights, does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and press, freedom of peaceful assembly and association, and freedom of religion; (4) is not listed by the United States Department of State as a state sponsor of terrorism and cooperates fully in international efforts to combat terrorism; (5) does not participate in the primary, secondary, or tertiary economic boycott of Israel; and (6) otherwise meets the eligibility criteria set forth in section 502(b)(2) of the Trade Act of 1974 (19 U.S.C. 2462(b)(2)), other than section 502(b)(2)(B). (b) Continuing Compliance.--If the President determines that a designated beneficiary country no longer meets the requirements described in subsection (a), the President shall terminate the designation of the country made pursuant to subsection (a) and inform Congress of the President's determination and the reasons therefor. (c) Countries Eligible for Designation.--In designating countries as beneficiary countries under this Act, the President shall consider only the following countries of the greater Middle East or their successor political entities: (1) Afghanistan. (2) Algeria. (3) Azerbaijan. (4) Bahrain. (5) Bangladesh. (6) Egypt. (7) Iraq. (8) Kuwait. (9) Lebanon. (10) Morocco. (11) Oman. (12) Pakistan. (13) Qatar. (14) Saudi Arabia. (15) Tunisia. (16) Turkey. (17) United Arab Emirates. (18) Yemen. (d) The Palestinian Authority.--The President is also authorized to designate the Palestinian Authority or its successor political entity as a beneficiary political entity which, if so designated, shall be accorded benefits under this Act as if it were a beneficiary country, if the President determines that the Palestinian Authority-- (1) satisfies the conditions of subsection (a) (1) and (2); (2) does not participate in acts of terrorism, and takes active measure to combat terrorism; (3) cooperates fully in international efforts to combat terrorism; (4) does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and the press, freedom of peaceful assembly and association, and freedom of religion; and (5) accepts Israel's right to exist in peace within secure borders. SEC. 3. RULE OF ORIGIN. (a) General Rule.--The duty-free treatment provided under this Act shall apply to any article which is the growth, product, or manufacture of 1 or more beneficiary countries if-- (1) that article is imported directly from a beneficiary country into the customs territory of the United States; and (2) the sum of-- (A) the cost or value of the materials produced in 1 or more beneficiary countries, plus (B) the direct cost of processing operations performed in such beneficiary country or countries, is not less than 35 percent of the appraised value of such article at the time it is entered. For purposes of determining the percentage referred to in subparagraph (2), if the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this paragraph applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such U.S. cost or value may be applied toward determining the percentage referred to in subparagraph (2).

Directs the President to provide duty-free treatment for certain tents imported from Afghanistan, Algeria, Azerbaijan, Bahrain, Bangladesh, Egypt, Iraq, Kuwait, Lebanon, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Tunisia, Turkey, the United Arab Emirates, or Yemen (beneficiary countries). Requires the President, after one year, to review and determine if a basis exists for withdrawal of such duty-free treatment, taking into consideration whether or not each beneficiary country: (1) has established, or is making continual progress toward establishing, a market-based economy, the rule of law and the right to due process, political pluralism, and other specified economic and political goals; (2) does not engage in activities that undermine U.S. national security or foreign policy interests, and supports a peaceful resolution of the Israeli-Palestinian conflict; (3) is a signatory of the United Nations Declaration of Human Rights, does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights; (4) is not listed by the U.S. Department of State as a state sponsor of terrorism and cooperates fully in international efforts to combat terrorism; (5) does not participate in the primary, secondary, or tertiary economic boycott of Israel; and (6) otherwise meets specified eligibility criteria of the Trade Act of 1974. Requires the President to terminate the designation of any beneficiary country determined no longer to meet such requirements. Authorizes the President to designate the Palestinian Authority or its successor political entity as a beneficiary political entity accorded benefits under this Act as if it were a beneficiary country, if the Authority; (1) meets the first two requirements of this Act; (2) does not participate in acts of terrorism, and takes active measures to combat terrorism; (3) cooperates fully in international efforts to combat terrorism; (4) does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights; and (5) accepts Israel's right to exist in peace within secure borders. Prescribes the rule of origin for tents imported directly from beneficiary countries. Requires that the sum of the cost or value of the materials produced in one or more beneficiary countries, plus the direct cost of processing operations performed in such beneficiary country or countries, be at least 35 percent of the appraised value of such article at the time it is entered into the U.S. customs territory.

To extend trade benefits to certain tents imported into the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Violence Prevention Training for Early Childhood Educators Act''. SEC. 2. PURPOSE. The purpose of this Act is to provide grants to institutions that carry out early childhood education training programs to enable the institutions to include violence prevention training as part of the preparation of individuals pursuing careers in early childhood development and education. SEC. 3. FINDINGS. Congress makes the following findings: (1) Aggressive behavior in early childhood is the single best predictor of aggression in later life. (2) Aggressive and defiant behavior predictive of later delinquency is increasing among our Nation's youngest children. Without prevention efforts, higher percentages of juveniles are likely to become violent juvenile offenders. (3) Research has demonstrated that aggression is primarily a learned behavior that develops through observation, imitation, and direct experience. Therefore, children who experience violence as victims or as witnesses are at increased risk of becoming violent themselves. (4) In a study at a Boston city hospital, 1 out of every 10 children seen in the primary care clinic had witnessed a shooting or a stabbing before the age of 6, with 50 percent of the children witnessing in the home and 50 percent of the children witnessing in the streets. (5) A study in New York found that children who had been victims of violence within their families were 24 percent more likely to report violent behavior as adolescents, and adolescents who had grown up in families where partner violence occurred were 21 percent more likely to report violent delinquency than individuals not exposed to violence. (6) Aggression can become well-learned and difficult to change by the time a child reaches adolescence. Early childhood offers a critical period for overcoming risk for violent behavior and providing support for prosocial behavior. (7) Violence prevention programs for very young children yield economic benefits. By providing health and stability to the individual child and the child's family, the programs may reduce expenditures for medical care, special education, and involvement with the judicial system. (8) Primary prevention can be effective. When preschool teachers teach young children interpersonal problem-solving skills and other forms of conflict resolution, children are less likely to demonstrate problem behaviors. (9) There is evidence that family support programs in families with children from birth through 5 years of age are effective in preventing delinquency. SEC. 4. DEFINITIONS. (a) At-Risk Child.--The term ``at-risk child'' means a child who has been affected by violence through direct exposure to child abuse, other domestic violence, or violence in the community. (b) Early Childhood Education Training Program.--The term ``early childhood education training program'' means a program that-- (1)(A) trains individuals to work with young children in early child development programs or elementary schools; or (B) provides professional development to individuals working in early child development programs or elementary schools; (2) provides training to become an early childhood education teacher, an elementary school teacher, a school counselor, or a child care provider; and (3) leads to a bachelor's degree or an associate's degree, a certificate for working with young children (such as a Child Development Associate's degree or an equivalent credential), or, in the case of an individual with such a degree, certificate, or credential, provides professional development. (c) Elementary School.--The term ``elementary school'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (d) Secretary.--The term ``Secretary'' means the Secretary of Education. (e) Violence Prevention.--The term ``violence prevention'' means-- (1) preventing violent behavior in children; (2) identifying and preventing violent behavior in at-risk children; or (3) identifying and ameliorating violent behavior in children who act out violently. SEC. 5. PROGRAM AUTHORIZED. (a) Grant Authority.--The Secretary is authorized to award grants to institutions that carry out early childhood education training programs and have applications approved under section 6 to enable the institutions to provide violence prevention training as part of the early childhood education training program. (b) Amount.--The Secretary shall award a grant under this Act in an amount that is not less than $500,000 and not more than $1,000,000. (c) Duration.--The Secretary shall award a grant under this Act for a period of not less than 3 years and not more than 5 years. SEC. 6. APPLICATION. (a) Application Required.--Each institution desiring a grant under this Act shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents.--Each application shall-- (1) describe the violence prevention training activities and services for which assistance is sought; (2) contain a comprehensive plan for the activities and services, including a description of-- (A) the goals of the violence prevention training program; (B) the curriculum and training that will prepare students for careers which are described in the plan; (C) the recruitment, retention, and training of students; (D) the methods used to help students find employment in their fields; (E) the methods for assessing the success of the violence prevention training program; and (F) the sources of financial aid for qualified students; (3) contain an assurance that the institution has the capacity to implement the plan; and (4) contain an assurance that the plan was developed in consultation with agencies and organizations that will assist the institution in carrying out the plan. SEC. 7. SELECTION PRIORITIES. The Secretary shall give priority to awarding grants to institutions carrying out violence prevention programs that include 1 or more of the following components: (1) Preparation to engage in family support (such as parent education, service referral, and literacy training). (2) Preparation to engage in community outreach or collaboration with other services in the community. (3) Preparation to use conflict resolution training with children. (4) Preparation to work in economically disadvantaged communities. (5) Recruitment of economically disadvantaged students. (6) Carrying out programs of demonstrated effectiveness in the type of training for which assistance is sought, including programs funded under section 596 of the Higher Education Act of 1965 (as such section was in effect prior to October 7, 1998). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $35,000,000 for each of the fiscal years 2000 through 2004.

Violence Prevention Training for Early Childhood Educators Act - Authorizes the Secretary of Education to award grants for a specified period to enable certain institutions to provide violence prevention training as part of early childhood education training programs. Prescribes application procedures. Directs the Secretary to give priority to awarding grants to institutions whose violence prevention programs include specified components. Authorizes appropriations.

Violence Prevention Training for Early Childhood Educators Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Postal Worker Jobs Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) The Inspector General of the United States Postal Service has reported that-- (A) the Postal Service has overpaid into the Civil Service Retirement System by as much as $75,000,000,000; and (B) the Postal Service has overpaid into the Federal Employees' Retirement System by as much as $6,800,000,000. (2) The Postal Service announced that it may have lost as much as $10,000,000,000 in fiscal year 2011. (3) The Postal Service has proposed reducing the number of employees of the Postal Service by more than 200,000 through attrition and layoffs. SEC. 3. MODIFIED METHODOLOGY. (a) In General.--Section 8348(h) of title 5, United States Code, is amended by adding at the end the following: ``(4)(A) To the extent that a determination under paragraph (1), relating to benefits attributable to civilian employment with the United States Postal Service, is based on any provision of law described in subparagraph (C), such determination shall be made in accordance with such provision and any otherwise applicable provisions of law, subject to the following: ``(i) The `average pay' used in the case of any individual shall be a single amount, determined in accordance with section 8331(4), taking into account the rates of basic pay in effect for such individual during the periods of creditable service performed by such individual. Nothing in this subsection shall be considered to permit or require-- ``(I) one determination of average pay with respect to service performed with the United States Postal Service; and ``(II) a separate determination of average pay with respect to service performed with its predecessor entity in function. ``(ii) In determining the portion of an annuity attributable to civilian employment with the United States Postal Service, with respect to any period of employment with the United States Postal Service that follows any other period of employment creditable under section 8332 (without regard to whether such employment was with an entity referred to in clause (i)(II)), the total service of an employee for purposes of any provision of law described in subparagraph (C) shall be the sum of-- ``(I) any period of employment with the United States Postal Service; and ``(II) any period of employment creditable under section 8332 that precedes the period described in subclause (I). ``(B)(i) Not later than 6 months after the date of enactment of this paragraph, the Office shall determine (or, if applicable, redetermine) the amount of the Postal surplus or supplemental liability as of the close of the fiscal year most recently ending before such date of enactment, in conformance with the methodology required under subparagraph (A). ``(ii)(I) If the result of the determination or redetermination under clause (i) is a surplus, the Office shall transfer the amount of such surplus to the Postal Service Retiree Health Benefits Fund not later than 15 days after the date of such determination or redetermination. ``(II) If a determination or redetermination under clause (i) for a fiscal year is made before the Office makes a redetermination under paragraph (2)(B) with respect to the fiscal year, the Office may not make a determination under paragraph (2)(B) with respect to the fiscal year. ``(C) The provisions of law described in this subparagraph are-- ``(i) the first sentence of section 8339(a); and ``(ii) section 8339(d)(1). ``(5) For purposes of this subsection-- ``(A) the term `Postal Service Retiree Health Benefits Fund' means the fund established under section 8909a; and ``(B) the term `Postal Service Fund' means the fund established under section 2003 of title 39.''. (b) Coordination Provisions.-- (1) Amendment.--Section 8909a of title 5, United States Code, is amended by adding at the end the following: ``(e) Notwithstanding any other provision of law, the amount payable by the Postal Service under subsection (d) in any fiscal year ending on or before September 30, 2021, shall be determined without regard to the requirements under section 8348(h)(4).''. (2) Rule of construction.--Nothing in this Act, or an amendment made by this Act, shall be construed to affect the amount of any benefits otherwise payable from the Civil Service Retirement and Disability Fund to any individual. (c) Technical Amendment.--The heading for section 8909a of title 5, United States Code, is amended by striking ``Benefit'' and inserting ``Benefits''. SEC. 4. ADDITIONAL PROVISIONS. (a) In General.--Section 8348(h)(2) of title 5, United States Code, is amended by adding at the end the following: ``(F) Notwithstanding any other provision of this subsection, for purposes of determining the Postal surplus or supplemental liability for each of fiscal years 2016, 2017, 2018, 2019, and 2020-- ``(i) paragraph (4)(A) shall not apply to a determination under paragraph (1); and ``(ii) the determination under paragraph (1) shall be made by applying the methodology that was used to carry out this paragraph with respect to the fiscal year preceding the fiscal year referred to in paragraph (4)(B)(i).''. (b) Relating to a Postal Surplus.--Section 8348(h)(2)(C) of title 5, United States Code, is amended-- (1) by inserting ``2021,'' after ``2015,''; and (2) by striking ``if the result is'' and all that follows through ``terminated.'' and inserting the following: ``if the result is a surplus-- ``(i) that amount shall be transferred-- ``(I) to the Postal Service Retiree Health Benefits Fund, if the surplus is for fiscal year 2020 or a preceding fiscal year; and ``(II) to the Postal Service Fund, if the surplus is for fiscal year 2021 or a subsequent fiscal year; and ``(ii) any prior amortization schedule for payments shall be terminated.''. SEC. 5. TREATMENT OF CERTAIN SURPLUS RETIREMENT CONTRIBUTIONS. Section 8423(b) of title 5, United States Code, is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: ``(5) If, for fiscal year 2010, the amount computed under paragraph (1)(B) is less than zero (in this section referred to as `surplus postal contributions'), the amount of such surplus postal contributions shall be transferred-- ``(A) to the Postal Service Retiree Health Benefits Fund to pay any liability to the Postal Service Retiree Health Benefits Fund for fiscal year 2011; ``(B) if all liability to the Postal Service Retiree Health Benefits Fund for fiscal year 2011 has been paid, to the Employees' Compensation Fund established under section 8147; and ``(C) if all liability of the United States Postal Service to the Employees' Compensation Fund has been paid, to the United States Postal Service for the repayment of any obligation issued under section 2005 of title 39.''. SEC. 6. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Intent of Congress.--It is the intent of Congress that this Act apply with respect to the allocation of past, present, and future benefit liabilities between the United States Postal Service and the Treasury of the United States.

Save Our Postal Worker Jobs Act of 2011 - Prescribes the "average pay" to be used in determining annuities for civilian employment with the United States Postal Service (USPS) for purposes of provisions relating to future benefits attributable to such employment in order to calculate the amount of any USPS surplus or supplemental liability under the Civil Service Retirement System (CSRS). Requires the Office of Personnel Management (OPM): (1) within six months after enactment of this Act, to determine (or, if applicable, redetermine) the amount of such surplus or liability as of the close of the most recently ending fiscal year using the methodology required under this Act; and (2) if the result is a surplus, to transfer the surplus amount to the Postal Service Retiree Health Benefits Fund within 15 days after the determination of a surplus. Provides for an alternate determination of a USPS surplus or supplemental liability for FY2016-FY2020. Requires transfer of certain surplus postal retirement contributions in FY2011 to the Postal Service Retiree Health Benefits Fund or the Employees' Compensation Fund under the Federal Employees' Compensation Act. Expresses the intent of Congress that this Act shall apply to allocations of past, present, and future benefit liabilities between the USPS and the Treasury.

A bill to amend the provisions of title 5, United States Code, relating to the methodology for calculating the amount of any Postal surplus or supplemental liability under the Civil Service Retirement System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Worker Opportunity Act of 2007''. SEC. 2. TAX CREDIT FOR EMPLOYING OLDER WORKERS IN FLEXIBLE WORK PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45O. FLEXIBLE WORK CREDIT. ``(a) In General.--For purposes of section 38, in the case of an eligible employer, the flexible work credit determined under this section for the taxable year shall be equal to 25 percent of the qualified wages for such taxable year. ``(b) Eligible Employer.--For purposes of this section, the term `eligible employer' means an employer which-- ``(1) maintains a qualified trust (within the meaning of section 401(a)), and ``(2) provides health insurance coverage (as defined in section 9832(b)(1)(A)) to employees and pays no less than 60 percent of the cost of such health insurance coverage with respect to each full-time employee receiving such coverage. ``(c) Qualified Wages Defined.--For purposes of this section-- ``(1) Qualified wages.--The term `qualified wages' means the wages paid or incurred by an eligible employer during the taxable year to eligible individuals. ``(2) Eligible individuals.-- ``(A) In general.--The term `eligible individual' means an individual who, at the time such wages are paid or incurred-- ``(i) has attained the age of 62, and ``(ii) is participating in a formal flexible work program. ``(B) Limitation.--Such term shall not include any individual who begins participation in a formal flexible work program during any period in which more than 20 percent of the employees of the eligible employer are already participating in a formal flexible work program. ``(3) Wages.-- ``(A) In general.--The term `wages' has the meaning given such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). ``(B) Other rules.--Rules similar to the rules of paragraph (2) and (3) of section 51(c) shall apply for purposes of this section. ``(C) Termination.--The term `wages' shall not include any amount paid or incurred to an individual after December 31, 2010. ``(4) Only first $6,000 of wages per year taken into account.--The amount of the qualified wages which may be taken into account with respect to any individual shall not exceed $6,000 per year. ``(d) Formal Flexible Work Program.--For purposes of this section-- ``(1) In general.--The term `formal flexible work program' means a program of an eligible employer-- ``(A) which consists of core time and flex time, ``(B) under which core time does not exceed-- ``(i) 20 hours per week, ``(ii) 3 days per week, or ``(iii) 1,000 hours per year, and ``(C) which meets the requirements of subsection (e). ``(2) Core time.--The term `core time' means the specific time-- ``(A) during which an employee is required to perform services related to employment, and ``(B) which is determined by the employer. ``(3) Flex time.--The term `flex time' means the time other than core time-- ``(A) during which an employee is required to perform services related to employment, and ``(B) which is determined at the election of the employee. ``(e) Requirements.--A program shall not be considered a formal flexible work program under this section unless such program meets the following requirements: ``(1) Duration of program.--The program shall allow for participation for a period of at least 1 year. ``(2) No change in health care benefits.--With respect to a participant whose work schedule is no less than 20 percent of the work schedule of a similarly situated full-time employee-- ``(A) such participant shall be entitled to the same health insurance coverage to which a similarly situated full-time employee would be entitled, ``(B) the employer shall contribute the same percentage of the cost of health insurance coverage for such participant as the employer would contribute for a similarly situated full-time employee, and ``(C) such participant shall be entitled to participate in a retiree health benefits plan of the employer in the same manner as a similarly situated full-time employee, except that service credited under the plan for any plan year shall be equal to the ratio of the participant's work schedule during such year to the work schedule of a similarly situated full-time employee during such year. ``(3) No reduction in pension benefits.-- ``(A) Defined benefit plans.-- ``(i) A participant shall be entitled to participate in a defined benefit plan (within the meaning of section 414(j)) of the employer in the same manner as a similarly situated full-time employee. ``(ii) Service credited to a participant under the plan for any plan year shall be equal to the ratio of the participant's work schedule during such year to the work schedule of a similarly situated full-time employee during such year. ``(iii) If the plan uses final average earnings to determine benefits, final average earnings of the participant shall be no less than such earnings were before the participant entered the program. ``(B) Defined contribution plans.--A participant shall be entitled to participate in a defined contribution plan (within the meaning of section 414(i)) of the employer in the same manner as a similarly situated full-time employee, and the employer shall match the participant's contributions at the same rate that the employer would match the contributions of a similarly situated full-time employee. ``(C) No forfeiture of pension benefits.--The pension benefits of a participant shall not be forfeited under the rules of section 411(a)(3)(B) or section 203(a)(3)(B) of the Employee Retirement Income Security Act of 1974 with respect to a participant who has attained normal retirement age as of the end of the plan year. ``(4) Nondiscrimination rule.--Eligibility to participate in the program shall not discriminate in favor of highly compensated employees (within the meaning of section 414(q)). ``(f) Certain Individuals Ineligible.--For purposes of this section, rules similar to the rules of section 51(i)(1) and section 52 shall apply. ``(g) Regulations.--The Secretary may prescribe such regulations as are necessary to carry out the purposes of this section, including simplified rules to satisfy the requirements of subsection (e)(3)(C) taking into account the requirements of section 411 and section 203 of the Employee Retirement Income Security Act of 1974.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the flexible work credit determined under section 45O(a).''. (c) No Double Benefit.--Subsection (a) of section 280C of the Internal Revenue Code of 1986 is amended by inserting ``45O(a),'' after ``45A(a),''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45O. Flexible work credit.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2006.

Older Worker Opportunity Act of 2007 - Amends the Internal Revenue Code to allow employers who maintain a tax-qualified pension or retirement plan and who provide health insurance coverage a business-related tax credit for 25% of the first $6,000 of the wages of employees who have attained the age of 62 and who are participating in a formal flexible work program. Defines "formal flexible work program" as a work program: (1) that consists of core and flex time; (2) whose core time does not exceed 20 hours per week, three days per week, or 1,000 hours per year; (3) that allows participation for at least one year; and (4) that does not permit a change or reduction in the health care or pension benefits of the participating employee.

A bill to promote labor force participation of older Americans, with the goals of increasing retirement security, reducing the projected shortage of experienced workers, maintaining future economic growth, and improving the Nation's fiscal outlook.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Stopping Adults Facilitating the Exploitation of Today's Youth (SAFETY) Act of 2009''. SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY. (a) Offense.--Chapter 95 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1960A. Financial facilitation of access to child pornography ``Whoever knowingly conducts, or attempts or conspires to conduct, a financial transaction (as defined in section 1956(c)) in or affecting interstate or foreign commerce, knowing that such transaction will facilitate access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 20 years, or both.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item: ``1960A. Financial facilitation of access to child pornography.''. SEC. 3. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND EXPLOITATION OF CHILDREN. (a) Offense.--Chapter 95 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1960B. Internet facilitation of child pornography and exploitation of children ``(a) Offense.--Whoever, being an Internet content hosting provider or email service provider, knowingly engages in any conduct the provider knows or has reason to believe facilitates access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 10 years, or both. ``(b) Definitions.--As used in this section-- ``(1) the term `Internet content hosting provider' means a service that-- ``(A) stores, through electromagnetic or other means, electronic data, including the content of web pages, electronic mail, documents, images, audio and video files, online discussion boards, and weblogs; and ``(B) makes such data available via the Internet; and ``(2) the term `email service provider' means a person that-- ``(A) provides a service, using the Internet, for the transmission, receipt, storage, and retrieval, by registered users, of electronic mail messages; and ``(B) receives the content of, and recipient list for, electronic mail messages that it transmits, receives, or stores for the person or entity procuring such services.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item: ``1960B. Internet facilitation of child pornography and exploitation of children.''. SEC. 4. MONEY LAUNDERING PREDICATE. Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (1) by inserting ``1466A (relating to obscene visual representation of the abuse of children),'' before ``section 1708''; (2) by inserting ``1960A (relating to financial facilitation of access to child pornography), 1960B (relating to Internet facilitation of child pornography and exploitation of children),'' before ``section 2113''; and (3) by inserting ``2260A (relating to increased penalties for registered sex offenders),'' before ``section 2280''. SEC. 5. RETENTION OF RECORDS BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS. Section 2703 of title 18, United States Code, is amended by adding at the end the following: ``(h) Retention of Certain Records and Information.--A provider of an electronic communication service or remote computing service shall retain for a period of at least two years all records or other information pertaining to the identity of a user of a temporarily assigned network address the service assigns to that user.''. SEC. 6. INCREASED PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN. Section 2251(e) of title 18, United States Code, is amended-- (1) by striking ``15 years nor more than 30 years'' and inserting ``20 years or for life''; and (2) by striking ``not less than 25 years nor more than 50 years,'' and all that follows through ``not less than 30 years nor more than life.'' and inserting ``life.''. SEC. 7. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN. Section 2252(b) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``5 years and not more than 20 years'' and inserting ``15 years or for life''; and (B) by striking ``not less than 15 years nor more than 40 years.'' and inserting ``not less than 30 years or for life.''; and (2) in paragraph (2)-- (A) by striking ``or imprisoned not more than 10 years, or both'' and inserting ``and imprisoned for not less than 3 years nor more than 20 years''; and (B) by striking ``10 years nor more than 20 years.'' and inserting ``20 years or for life.''. SEC. 8. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY. Section 2252A(b) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``5 years and not more than 20 years'' and inserting ``15 years or for life''; and (B) by striking ``not less than 15 years nor more than 40 years'' and inserting ``not less than 30 years or for life''; and (2) in paragraph (2)-- (A) by striking ``or imprisoned not more than 10 years, or both'' and inserting ``and imprisoned for not less than 3 years nor more than 20 years''; and (B) by striking ``10 years nor more than 20 years'' and inserting ``20 years or for life''. SEC. 9. ADDITIONAL RICO PREDICATES. Section 1961(1) of title 18, United States Code, is amended-- (1) by inserting ``section 641 (relating to embezzlement or theft of public money, property, or records,'' after ``473 (relating to counterfeiting),''; and (2) by inserting ``section 666 (relating to theft or bribery concerning programs receiving Federal funds),'' after ``section 664 (relating to embezzlement from pension and welfare funds),''. SEC. 10. ADDITIONAL RESOURCES FOR THE INNOCENT IMAGES NATIONAL INITIATIVE. (a) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation to carry out the Innocent Images National Initiative, $30,000,000 for each of the fiscal years 2010 through 2014. (b) Availability.--Any amounts appropriated pursuant to subsection (a) shall remain available until expended.

Internet Stopping Adults Facilitating the Exploitation of Today's Youth (SAFETY) Act of 2009 - Amends the federal criminal code to: (1) prohibit financial transactions in interstate or foreign commerce that facilitate access to, or the possession of, child pornography; (2) prohibit conduct by an Internet content hosting provider or email service provider that facilitates access to, or the possession of, child pornography; (3) require providers of electronic communication or remote computing services to retain certain user records for at least two years; (4) establish certain child sexual exploitation crimes as a predicate for money laundering prosecutions; (5) increase criminal penalties for sexual exploitation of children and for child pornography; and (6) establish embezzlement or theft of public property and bribery as predicates for racketeering prosecutions. Authorizes appropriations for FY2010-FY2014 for the Innocent Images National Initiative.

To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sensible Advertising and Family Education Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Alcohol is by far the drug most widely used and abused by young people in the United States today, even though it is illegal for youths under age 21 to purchase alcohol in all 50 of the States and the District of Columbia. (2) According to the 1992 National Institute on Drug Abuse survey of high school students and young adults, 89.5 percent of high school seniors in the class of 1990 had used alcohol at least once and 30 percent had experienced a ``binge'' of 5 or more drinks in a row within the past 2 weeks. Among college students, 43 percent reported occasions of ``binge'' drinking, including 35 percent of the females and 52 percent of the males. (3) The average age at which young people begin drinking is 13. By age 13, approximately 30 percent of boys and 22 percent of girls classify themselves as drinkers. According to the 1988 National High School Senior Survey, 17 percent of high school seniors reported having been drunk by eighth grade, 37 percent by ninth grade, 54 percent by tenth grade, and 71 percent by twelfth grade. Studies demonstrate that the use of alcohol by individuals before the age of 15 appears to be one of the predictors of later heavy alcohol and other drug use by the individuals. (4) Young people are not well informed about the hazards of alcohol use. Only 43 percent of high school seniors believe there is great risk of harm from drinking activities such as binge drinking once or twice each weekend. More than one quarter of high school seniors do not view heavy, regular daily (``binge'') drinking as entailing great risk. More than 40 percent of 8th graders, 45 percent of 10th graders, and 51 percent of 12th graders do not perceive having 5 or more drinks once or twice a weekend as entailing a great risk. (5) According to the Department of Health and Human Services, sponsorships and promotions on college campuses by alcohol producers and the use of celebrities and youth-oriented musical groups in advertising create a pro-drinking environment. (6) Treatment costs for fetal alcohol syndrome (referred to in this section as ``FAS'') and other alcohol-related birth defects in the United States are estimated at nearly a third of a billion dollars. FAS is one of the top 3 known causes of birth defects with accompanying mental retardation and the only known preventable cause among the top three. Among children born to women who drink heavily, the incidence of FAS may be as high as 25 per 1,000 live births. Among children born to other women, the FAS incidence is between 1 to 3 infants with the syndrome per 1,000 live births. The incidence of other alcohol- related birth defects is estimated to be 3 times greater than that of FAS. (7) According to the National Institute on Alcohol Abuse and Alcoholism, an estimated 18,000,000 persons in the United States who are 18 or older currently experience problems as a result of alcohol use. An estimated 4,500,000 young people are dependent on alcohol or are problem drinkers. (8) According to Healthy People 2000, the National Health Promotion and Disease Prevention Objectives-- (A) nearly one-half of all deaths from motor vehicle crashes are alcohol-related; (B) alcohol is implicated in nearly one-half of all fatal intentional injuries such as suicides and homicides; and (C) victims are intoxicated in approximately one- third of all homicides, drownings, and boating deaths. (9) An estimated 25 percent of all hospitalized persons have alcohol-related problems. (10) Alcohol advertising, especially in the broadcast media, represents the single greatest source of alcohol education for persons in the United States. According to a 1990 study of 10- to 13-year-olds, funded by the American Automobile Association Foundation for Traffic Safety, there is a relationship between exposure and attention by an individual to beer advertising, and expectations that the individual drink as an adult. (11) A major 1981 federally funded study found a significant relationship between-- (A) exposure of individuals to alcoholic beverage advertising as youth; and (B) drinking behaviors and attitudes of the individuals that can lead to certain forms of problem drinking. (12) Over 80 percent of 2,000 adults surveyed in 1988 for the Bureau of Alcohol, Tobacco, and Firearms by the Opinion Research Corporation believe that alcohol advertising influences underage youth to drink alcoholic beverages. The survey also found that the general public feels that the young people of the United States constitute the group that is most at risk from drinking alcoholic beverages. (13) The alcoholic beverage industry spends approximately $2,000,000,000 each year on advertising and promotions in the United States. (14) The 1988 Surgeon General's Workshop on Drunk Driving has recommended-- (A) that the level of alcoholic beverage advertising be matched with an equal number of pro- health and pro-safety messages; and (B) the inclusion of health warning messages in all alcohol advertising. (15) The National Commission on Drug-Free Schools' September 1990 Final Report, ``Toward a Drug-Free Generation: A Nation's Responsibility'', recommends that Congress-- (A) require additional health and safety messages on all alcohol products and advertising for the products; and (B) consider enacting a ban on advertising and promotion of alcohol if alcohol advertising still targets youth and glamorizes alcohol use. (16) Over two-thirds of persons surveyed in a 1989 Wall Street Journal poll favor requiring warnings about the dangers of drinking both on alcoholic beverage containers and in alcohol advertisements. Nearly three-fourths of persons surveyed in a 1990 Gallup Poll favor requiring health warning messages in alcohol advertising. (17) Alcohol in combination with other drugs is the leading cause of emergency room drug abuse episodes. (18) According to the Inspector General of the Department of Health and Human Services, the average binge drinker is a 16 year old male in the 10th grade who was 12 years old when he took his first drink. (19) A third of all students do not understand the intoxicating effects of alcohol. More than 2.6 million do not know a person can die from an overdose of alcohol. A projected 259,000 students think that wine coolers or beer cannot get a person drunk, cannot make a person sick, or cannot do as much harm as other alcoholic beverages. (20) In 1989, chronic liver disease, including cirrhosis, was the 9th leading cause of death in the United States. Of 41,000 deaths attributed to liver disease in the United States, 46 percent diagnostically were associated with alcohol. Heavy alcohol use is considered the most important risk factor for chronic liver disease. Even among liver disease deaths not coded as alcohol-related, approximately 50 percent are thought to be due to alcohol use. (21) Between 5 and 24 percent of hypertension cases are associated with alcohol. Many cases diagnosed as essential hypertension (high blood pressure having no known causes) may actually have chronic alcohol ingestion as their cause. (22) Alcohol abuse is strongly associated with increased risk of certain kinds of cancer, especially cancer of the liver, esophagus, nasopharynx, and larynx. Alcohol is also associated with dietary deficiency that may increase cancer risk. SEC. 3. HEALTH WARNINGS. (a) In General.--On and after the expiration of the 6-month period following the date of enactment of this Act, it shall be an unfair or deceptive act or practice under section 6 of the Federal Trade Commission Act for any person to-- (1) advertise or cause to be advertised through magazines, newspapers, brochures, and promotional displays within the United States any alcoholic beverage unless the advertising bears, in accordance with requirements of section 3(a), one of the following health warnings: SURGEON GENERAL'S WARNING: If you are pregnant, don't drink. Drinking alcohol during pregnancy may cause mental retardation and other birth defects. Avoid alcohol during pregnancy. If you are pregnant and can't stop drinking, call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: If you are under the age of 21, it's against the law to buy alcoholic beverages. For information about teenagers and young adults and drinking, call [insert appropriate toll free number]., or SURGEON GENERAL'S WARNING: Alcohol is a drug and may be addictive. If you know someone who has an alcohol or other drug problem or has trouble controlling their drinking, call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: Drive sober. If you don't, you could lose your driver's license. Alcohol impairs your ability to drive a car or operate machinery. If you or people you love drink and drive, call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: Don't mix alcohol with over- the-counter, prescription, or illicit drugs. For more information call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: If you drink too much alcohol too fast, you can die. You can be poisoned by alcohol if you drink [insert number of drinks] in [insert time]. To find out more about alcohol poisoning call [insert appropriate toll free number]. SURGEON GENERAL'S WARNING: Drinking increases your risks of high blood pressure, liver disease, and cancer. The more you drink, the more likely it is that you will have such health problems. To find out how to prevent getting such health problems call [insert appropriate toll free number]., or (2) advertise or cause to be advertised through radio or television broadcasting (including cable broadcasting and paid per view or subscription television) any alcoholic beverage unless the advertising includes, in accordance with requirements of section 3(b), one of the following health warnings: SURGEON GENERAL'S WARNING: If you are pregnant, don't drink alcohol. Alcohol may cause mental retardation and other birth defects. SURGEON GENERAL'S WARNING: If you are under the age of 21, it's illegal to buy alcoholic beverages. SURGEON GENERAL'S WARNING: Alcohol is a drug and may be addictive. SURGEON GENERAL'S WARNING: Drive sober. If you don't, you could lose your driver's license. SURGEON GENERAL'S WARNING: Don't mix alcohol with over- the-counter, prescription, or illicit drugs. SURGEON GENERAL'S WARNING: If you drink too much alcohol too fast, you can die of alcohol poisoning. SURGEON GENERAL'S WARNING: Drinking increases your risk of high blood pressure, liver disease, and cancer. (b) Toll Free Numbers.-- The Secretary of Health and Human Services shall be responsible for establishing and maintaining the toll free numbers referred to in the health warnings required by subsection (a)(1). The Secretary shall report to Congress annually on the number of calls received using those numbers and the types of referrals made. SEC. 4. REQUIREMENTS. (a) In General.--The health warnings required for alcoholic beverage advertisements by section 3(a)(1) shall-- (1) be located in a conspicuous and prominent place on each such advertisement, as determined by the Secretary of Health and Human Services in regulations to take effect no later than 6 months after the date of the enactment of this Act, (2) shall require that all the regulations issued by the Secretary under paragraph (1) shall require that all letters in such health warnings appear in conspicuous and legible type that is not script or italic and that such health warnings be in contrast by typography, layout, and color with all other printed material in the advertisement, be surrounded by typographic lines that form a box, and, on an appropriate visual medium, appear on the front of an advertisement as indicated by labeling of the manufacturer or importer, and (3) be rotated in an alternating sequence on each advertisement of a brand style in accordance with a plan submitted by such manufacturer or importer to the Secretary. The Secretary shall approve a plan submitted under paragraph (3) by a manufacturer or importer that assures that each sequence of the same or substantially similar advertisement for a brand style has displayed upon it an equal distribution of each health warning at the same time. If an application is approved by the Secretary, the rotation shall apply with respect to the applicant during the one-year period beginning on the date of the application approval. (b) Radio and Television.-- (1) Warnings.--The health warnings required for alcoholic beverage advertisements placed on radio or television broadcasting by section 2(a)(2) shall-- (A) be included in a conspicuous and prominent manner in such advertisement, as determined by the Secretary of Health and Human Services in regulations to take effect not later than 6 months after the date of the enactment of this Act, and (B) be rotated in an alternating sequence on each such advertisement of a brand style in accordance with a plan submitted by such manufacturer or importer to the Secretary. The Secretary shall approve a plan submitted under subparagraph (B) by a manufacturer or importer that assures that an equal distribution of each of the health warnings is displayed on each sequence of the same or substantially similar advertisement for a brand style at the same time. If an application is approved by the Secretary, the rotation shall apply with respect to the applicant during the one-year period beginning on the date of the application approval. (2) Regulations.--The regulations issued by the Secretary under paragraph (1) shall require-- (A) that such health warnings be read as part of an alcoholic beverage advertisement in an audible and deliberate manner and in a length of time that allows for a clear understanding of the health warning message by the intended audience, and (B) that for television a graphic representation of such health warning be included after each advertisement, that all letters in such health warning appear in conspicuous and legible type that is not script or italic, that such health warning be surrounded by typographic lines that form a box, and that such health warning appear in the same length of time simultaneously with the reading of the message required by subparagraph (A). SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``alcoholic beverage'' includes any beverage in liquid form which contains not less than one-half of one percent of alcohol by volume and is intended for human consumption, (2) the term ``person'' includes a State, a State agency, or an officer or employee of a State or State agency, and (3) the term ``State'' includes-- (A) any political subdivision of a State, (B) the District of Columbia, (C) the Commonwealth of Puerto Rico, (D) the Commonwealth of the Northern Mariana Islands, (E) Guam, (F) the Virgin Islands, (G) American Samoa, (H) Wake Island, (I) the Midway Islands, (J) Kingman Reef, and (K) Johnston Island. SEC. 6. REPORT TO CONGRESS. (a) Investigation.--Not earlier than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct an appropriate investigation and consult with the Surgeon General to determine whether available scientific information would justify a change in, an addition to, or deletion of, a health warning set forth in section 3. (b) Report.--If the Secretary of Health and Human Services finds that available scientific information would justify the change, addition, or deletion described in subsection (a), the Secretary shall promptly submit a report to the appropriate committees of Congress containing-- (1) the information; and (2) specific recommendations for such amendments to this Act as the Secretary determines to be appropriate and in the public interest. HR 1823 IH----2

Sensible Advertising and Family Education Act - Declares it to be an unlawful or deceptive act under the Federal Trade Commission Act to advertise through magazines, newspapers, brochures, and promotional displays any alcoholic beverage, unless the advertising includes one of specified health warnings. Requires the Secretary of Health and Human Services to maintain toll free numbers referred to in some of the warnings.

Sensible Advertising and Family Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Security Act of 2003''. SEC. 2. FEDERAL-STATE AGREEMENTS. (a) In General.--Any State which desires to do so may enter into and participate in an agreement under this Act with the Secretary of Labor (hereinafter in this Act referred to as the ``Secretary''). Any State which is a party to an agreement under this Act may, upon providing 30 days' written notice to the Secretary, terminate such agreement. (b) Provisions of Agreement.-- (1) In general.--Any agreement under subsection (a) shall provide that the State agency of the State will make payments of regular compensation to individuals in amounts and to the extent that they would be determined if the State law were applied with the modifications described in paragraph (2). (2) Modifications described.--The modifications described in this paragraph are as follows: (A) In the case of an individual who is not eligible for regular compensation under the State law because of the use of a definition of base period that does not count wages earned in the most recently completed calendar quarter, then eligibility for compensation under this title shall be determined by applying a base period ending at the close of the most recently completed calendar quarter. (B) In the case of an individual who is not eligible for regular compensation under the State law because such individual does not meet requirements relating to availability for work, active search for work, or refusal to accept work, because such individual is seeking, or is available for, less than full-time work, then compensation under this title shall not be denied by such State to an otherwise eligible individual who seeks less than full-time work or fails to accept full-time work. (C) The amount of regular compensation (including dependents' allowances) payable for any week shall be equal to the amount determined under the State law (before the application of this subparagraph), plus an additional-- (i) 15 percent; or (ii) $25, whichever is greater. (c) Nonreduction Rule.--Under the agreement, subsection (b)(2)(C) shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the method governing the computation of regular compensation under the State law of that State has been modified in a way such that-- (1) the average weekly amount of regular compensation which will be payable during the period of the agreement (determined disregarding the modifications described in subsection (b)(2)) will be less than (2) the average weekly amount of regular compensation which would otherwise have been payable during such period under the State law, as in effect on September 11, 2001. (d) Coordination Rule.--The modifications described in subsection (b)(2) shall also apply in determining the amount of benefits payable under any Federal law to the extent that those benefits are determined by reference to regular compensation payable under the State law of the State involved. SEC. 3. PAYMENTS TO STATES HAVING AGREEMENTS UNDER THIS ACT. (a) General Rule.--There shall be paid to each State which has entered into an agreement under this Act an amount equal to-- (1) 100 percent of any regular compensation made payable to individuals by such State by virtue of the modifications which are described in section 2(b)(2) and deemed to be in effect with respect to such State pursuant to section 2(b)(1), and (2) 100 percent of any regular compensation-- (A) which is paid to individuals by such State by reason of the fact that its State law contains provisions comparable to the modifications described in section 2(b)(2)(A)-(B), but only (B) to the extent that those amounts would, if such amounts were instead payable by virtue of the State law's being deemed to be so modified pursuant to section 2(b)(1), have been reimbursable under paragraph (1). (b) Determination of Amount.--Sums under subsection (a) payable to any State by reason of such State having an agreement under this Act shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (c) Administrative Expenses, etc.--There is hereby appropriated out of the employment security administration account of the Unemployment Trust Fund (as established by section 901(a) of the Social Security Act) $500,000,000 to reimburse States for the costs of the administration of agreements under this Act (including any improvements in technology in connection therewith) and to provide reemployment services to unemployment compensation claimants in States having agreements under this Act. Each State's share of the amount appropriated by the preceding sentence shall be determined by the Secretary according to the factors described in section 302(a) of the Social Security Act and certified by the Secretary to the Secretary of the Treasury. SEC. 4. FINANCING PROVISIONS. (a) In General.--Funds in the extended unemployment compensation account (as established by section 905(a) of the Social Security Act), and the Federal unemployment account (as established by section 904(g) of the Social Security Act), of the Unemployment Trust Fund shall be used, in accordance with subsection (b), for the making of payments (described in section 4(a)) to States having agreements entered into under this Act. (b) Certification.--The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums described in section 4(a) which are payable to such State under this Act. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification by transfers from the extended unemployment compensation account (or, to the extent that there are insufficient funds in that account, from the Federal unemployment account) to the account of such State in the Unemployment Trust Fund. SEC. 5. DEFINITIONS. For purposes of this Act: (1) In general.--The terms ``compensation'', ``regular compensation'', ``base period'', ``State'', ``State agency'', ``State law'', and ``week'' have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970, subject to paragraph (2). (2) State law and regular compensation.--In the case of a State entering into an agreement under this Act-- (A) ``State law'' shall be considered to refer to the State law of such State, applied in conformance with the modifications described in section 2(b)(2), subject to section 2(c), and (B) ``regular compensation'' shall be considered to refer to such compensation, determined under its State law (applied in the manner described in subparagraph (A)), except as otherwise provided or where the context clearly indicates otherwise. SEC. 6. APPLICABILITY. (a) In General.--An agreement entered into under this Act shall apply to weeks of unemployment-- (1) beginning after the date on which such agreement is entered into, and (2) ending before July 1, 2004. (b) Specific Rules.--Under such an agreement-- (1) the modification described in section 2(b)(2)(A) (relating to alternative base periods) shall not apply except in the case of initial claims filed after September 11, 2001, and (2) the modifications described in section 2(b)(2)(B)-(C) (relating to part-time employment and increased benefits, respectively) shall apply to weeks of unemployment (described in subsection (a)), irrespective of the date on which an individual's claim for benefits is filed. SEC. 7. NO REDUCTION IN UNEMPLOYMENT COMPENSATION AS A RESULT OF PENSION ROLLOVERS. (a) In General.--Section 3304(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``In no event shall paragraph (15) apply in the case of any rollover distribution which is not includable in gross income for the taxable year in which paid.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by this section shall apply to compensation paid for weeks of unemployment beginning on or after the date that is 60 days after the date of enactment of the Economic Security Act of 2003. (2) Extension of effective date for state law amendment.-- If the Secretary of Labor determines that a State requires an amendment to State law for that State to meet the requirements imposed under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) by the amendment made by this section, the State shall not be regarded as failing to comply with the requirements of such Act solely on the basis of its failure to meet these requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature.

Economic Security Act of 2003 - Provides for a program of temporary enhanced unemployment compensation which may add the greater of 15 percent or $25 to the amount of weekly regular compensation (including dependents' allowances) for which an individual is eligible under the Federal-State Extended Unemployment Compensation Act of 1970. Modifies eligibility requirements for regular compensation, where applicable for purposes of benefits under this Act, to: (1) set an alternative base period ending at the close of the most recently completed calendar quarter; and (2) allow individuals to seek less than full-time work or not accept full-time work.Sets forth program requirements for Federal-State agreements, formulas for determining weekly benefits, nonreduction and coordination rules, payments to States, and financing.Applies program agreements to weeks of unemployment: (1) beginning after the date on which such an agreement is entered into; and (2) ending before July 1, 2004. Makes a modification relating to alternative base periods applicable only to initial claims filed after September 11, 2001. Makes a modification relating to part-time employment and increased benefits applicable to weeks of unemployment in such agreement period, regardless of the date on which an individual's claim for benefits is filed.

To provide for a program of temporary enhanced unemployment benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Congress Act''. SEC. 2. LIMITATION ON RETIREMENT COVERAGE FOR MEMBERS OF CONGRESS. (a) In General.--Notwithstanding any other provision of law, effective at the beginning of the Congress next beginning after the date of the enactment of this Act, a Member of Congress shall be ineligible to participate in the Civil Service Retirement System or the Federal Employees' Retirement System, except as otherwise provided under this section. (b) Participation in the Thrift Savings Plan.--Notwithstanding subsection (a), a Member may participate in the Thrift Savings Plan subject to section 8351 if title 5, United States Code, at anytime during the 12-year period beginning on the date the Member begins his or her first term. (c) Refunds of Contributions.-- (1) In general.--Nothing in subsection (a) shall prevent refunds from being made, in accordance with otherwise applicable provisions of law (including those relating to the Thrift Savings Plan), on account of an individual's becoming ineligible to participate in the Civil Service Retirement System or the Federal Employees' Retirement System (as the case may be) as a result of the enactment of this section. (2) Treatment of refund.--For purposes of any refund referred to in paragraph (1), a Member who so becomes ineligible to participate in either of the retirement systems referred to in paragraph (1) shall be treated in the same way as if separated from service. (d) Annuities Not Affected to the Extent Based on Prior Service.-- Subsection (a) shall not be considered to affect-- (1) any annuity (or other benefit) entitlement which is based on a separation from service occurring before the date of the enactment of this Act (including any survivor annuity based on the death of the individual who so separated); or (2) any other annuity (or benefit), to the extent provided under subsection (e). (e) Preservations of Rights Based on Prior Service.-- (1) In general.--For purposes of determining eligibility for, or the amount of, any annuity (or other benefit) referred to in subsection (d)(2) based on service as a Member of Congress-- (A) all service as a Member of Congress shall be disregarded except for any such service performed before the date of the enactment of this Act; and (B) all pay for service performed as a Member of Congress shall be disregarded other than pay for service which may be taken into account under subparagraph (A). (2) Preservation of rights.--To the extent practicable, eligibility for, and the amount of, any annuity (or other benefit) to which an individual is entitled based on a separation of a Member of Congress occurring after such Member becomes ineligible to participate in the Civil Service Retirement System or the Federal Employees' Retirement System (as the case may be) by reason of subsection (a) shall be determined in a manner that preserves any rights to which the Member would have been entitled, as of the date of the enactment of this Act, had separation occurred on such date. (f) Regulations.--Any regulations necessary to carry out this section may be prescribed by the Office of Personnel Management and the Executive Director (referred to in section 8401(13) of title 5, United States Code) with respect to matters within their respective areas of responsibility. (g) Definition.--In this section, the terms ``Member of Congress'' and ``Member'' have the meaning of the term ``Member'' as defined under section 8331(2) or 8401(20) of title 5, United States Code. (h) Rule of Construction.--Nothing in this section shall be considered to apply with respect to any savings plan or other matter outside of subchapter III of chapter 83 or chapter 84 of title 5, United States Code. SEC. 3. DISCLOSURE OF ESTIMATES OF FEDERAL RETIREMENT BENEFITS OF MEMBERS OF CONGRESS. (a) In General.--Section 105(a) of the Legislative Branch Appropriations Act, 1965 (2 U.S.C. 104a; Public Law 88-454; 78 Stat. 550) is amended by adding at the end the following new paragraph: ``(5) The Secretary of the Senate and the Clerk of the House of Representatives shall include in each report submitted under paragraph (1), with respect to Members of Congress, as applicable-- ``(A) the total amount of individual contributions made by each Member to the Civil Service Retirement and Disability Fund and the Thrift Savings Fund under chapters 83 and 84 of title 5, United States Code, for all Federal service performed by the Member as a Member of Congress and as a Federal employee; ``(B) an estimate of the annuity each Member would be entitled to receive under chapters 83 and 84 of such title based on the earliest possible date to receive annuity payments by reason of retirement (other than disability retirement) which begins after the date of expiration of the term of office such Member is serving; and ``(C) any other information necessary to enable the public to accurately compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement.''. (b) Effective Date.--This section shall take effect 1 year after the date of the enactment of this Act. SEC. 4. ELIMINATION OF AUTOMATIC ANNUITY ADJUSTMENTS FOR MEMBERS OF CONGRESS. The portion of the annuity of a Member of Congress which is based solely on service as a Member of Congress shall not be subject to a cost-of-living adjustment under section 8340 or 8462 of title 5, United States Code. SEC. 5. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF CONGRESS. (a) Pay Adjustments.--Paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is repealed. (b) Conforming Amendment.--Section 601(a)(1) of such Act is amended-- (1) by striking ``(a)(1)'' and inserting ``(a)''; (2) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (3) by striking ``, as adjusted by paragraph (2) of this subsection''. SEC. 6. ROLLCALL VOTE FOR ANY CONGRESSIONAL PAY RAISE. It shall not be in order in the Senate or the House of Representatives to dispose of any amendment, bill, resolution, motion, or other matter relating to the pay of Members of Congress unless the matter is decided by a rollcall vote.

Allows Members to participate in the Thrift Savings Plan during the 12-year period beginning on the date the Member begins his or her first term. Permits refunds to be made in accordance with otherwise applicable law on account of an individual becoming ineligible to participate in CSRS or FERS as a result of this Act's enactment (provides that, for purposes of any such refund, a Member who becomes ineligible to participate in either of the retirement systems shall be treated as if separated from service). Sets forth provisions regarding: (1) annuities; and (2) preservation of rights based on prior service. Amends the Legislative Branch Appropriations Act, 1965 to provide for the disclosure of information necessary to enable the public to accurately compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement. Eliminates for Members automatic: (1) annuity cost-of-living adjustments; and (2) pay adjustments under the Legislative Reorganization Act of 1946. Requires a roll call vote for any matter relating to congressional pay.

Citizen Congress Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Emergency Centers Establishment Act''. SEC. 2. ESTABLISHMENT OF NATIONAL EMERGENCY CENTERS. (a) In General.--In accordance with the requirements of this Act, the Secretary of Homeland Security shall establish not fewer than 6 national emergency centers on military installations. (b) Purpose of National Emergency Centers.--The purpose of a national emergency center shall be to use existing infrastructure-- (1) to provide temporary housing, medical, and humanitarian assistance to individuals and families dislocated due to an emergency or major disaster; (2) to provide centralized locations for the purposes of training and ensuring the coordination of Federal, State, and local first responders; (3) to provide centralized locations to improve the coordination of preparedness, response, and recovery efforts of government, private, and not-for-profit entities and faith- based organizations; and (4) to meet other appropriate needs, as determined by the Secretary of Homeland Security. SEC. 3. DESIGNATION OF MILITARY INSTALLATIONS AS NATIONAL EMERGENCY CENTERS. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall designate not fewer than 6 military installations as sites for the establishment of national emergency centers. (b) Minimum Requirements.--A site designated as a national emergency center shall be-- (1) capable of meeting for an extended period of time the housing, health, transportation, education, and humanitarian needs of a large number of individuals affected by an emergency or major disaster; (2) environmentally safe and shall not pose a health risk to individuals who may use the center; (3) capable of accommodating major disaster preparedness and response drills, operations, and procedures; and (4) easily accessible at all times, including during an emergency or major disaster. (c) Location of National Emergency Centers.--There shall be established not fewer than one national emergency center in each of the following areas: (1) The area consisting of Federal Emergency Management Agency Regions I, II, and III. (2) The area consisting of Federal Emergency Management Agency Region IV. (3) The area consisting of Federal Emergency Management Agency Regions V and VII. (4) The area consisting of Federal Emergency Management Agency Region VI. (5) The area consisting of Federal Emergency Management Agency Regions VIII and X. (6) The area consisting of Federal Emergency Management Agency Region IX. (d) Preference for Designation of Closed Military Installations.-- Wherever possible, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall designate a closed military installation as a site for a national emergency center. If the Secretaries of Homeland Security and Defense jointly determine that there is not a sufficient number of closed military installations that meet the requirements of subsections (b) and (c), the Secretaries shall jointly designate portions of existing military installations other than closed military installations as national emergency centers. (e) Transfer of Control of Closed Military Installations.--If a closed military installation is designated as a national emergency center, not later than 180 days after the date of designation, the Secretary of Defense shall transfer to the Secretary of Homeland Security administrative jurisdiction over such closed military installation. (f) Cooperative Agreement for Joint Use of Existing Military Installations.--If an existing military installation other than a closed military installation is designated as a national emergency center, not later than 180 days after the date of designation, the Secretary of Homeland Security and the Secretary of Defense shall enter into a cooperative agreement to provide for the establishment of the national emergency center. (g) Reports.-- (1) Preliminary report.-- Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site-- (A) an outline of the reasons why the site was selected; (B) an outline of the need to construct, repair, or update any existing infrastructure at the site; (C) an outline of the need to conduct any necessary environmental clean-up at the site; (D) an outline of preliminary plans for the transfer of control of the site from the Secretary of Defense to the Secretary of Homeland Security, if necessary under subsection (e); and (E) an outline of preliminary plans for entering into a cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f). (2) Update report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site-- (A) an update on the information contained in the report as required by paragraph (1); (B) an outline of the progress made toward the transfer of control of the site, if necessary under subsection (e); (C) an outline of the progress made toward entering a cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f); and (D) recommendations regarding any authorizations and appropriations that may be necessary to provide for the establishment of a national emergency center at the site. (3) Final report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site-- (A) finalized information detailing the transfer of control of the site, if necessary under subsection (e); (B) the finalized cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f); and (C) any additional information pertinent to the establishment of a national emergency center at the site. (4) Additional reports.--The Secretary of Homeland Security, acting jointly with the Secretary of Defense, may submit to Congress additional reports as necessary to provide updates on steps being taken to meet the requirements of this Act. SEC. 4. LIMITATIONS ON STATUTORY CONSTRUCTION. This Act does not affect-- (1) the authority of the Federal Government to provide emergency or major disaster assistance or to implement any disaster mitigation and response program, including any program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or (2) the authority of a State or local government to respond to an emergency. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $125,000,000 for each of fiscal years 2006 and 2007 to carry out this Act. Such funds shall remain available until expended. SEC. 6. DEFINITIONS. In this Act, the following definitions apply: (1) Closed military installation.--The term ``closed military installation'' means a military installation, or portion thereof, approved for closure in 2005 under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). (2) Emergency.--The term ``emergency'' has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (3) Major disaster.--The term ``major disaster'' has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (4) Military installation.--The term ``military installation'' has the meaning given such term in section 2910 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).

National Emergency Centers Establishment Act - Directs the Secretary of Homeland Security to establish at least six national emergency centers on mililtary installations to provide: (1) temporary housing, medical, and humanitarian assistance to individuals and families dislocated due to an emergency or major disaster; and (2) centralized locations for the training and coordination of federal, state, and local first responders, and to improve coordination of preparedness, response, and recovery efforts of government, private, and not-for-profit entities and faith-based organizations. Requires the use of such centers to meet other appropriate needs determined by the Secretary.

To direct the Secretary of Homeland Security to establish national emergency centers on military installations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Products Safe Testing Act''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds that-- (1) the Federal Government has discouraged the use of non- animal acute toxicity tests through regulations that mandate or encourage the use of animal acute toxicity tests, or by not prescribing other, less costly, more accurate and humane alternatives; (2) nonanimal acute toxicity tests have been developed in recent years that have shown a level of reliability sufficient for the reduction or replacement of animal acute toxicity tests such as the Draize test for many products regulated by the Federal Government; (3) many manufacturers have found nonanimal acute toxicity tests to be adequate for evaluating the safety of products for the purposes of complying with Federal regulations or guidelines; (4) many manufacturers are reluctant to use nonanimal tests without encouragement from the Federal Government; (5) private industry and the consumer will benefit from the promotion of alternative methods of testing when these alternatives are as accurate in predicting human safety and more humane than animal tests; and (6) over the long term, nonanimal acute toxicity testing will produce better data, decrease costs, and reduce the time industry and the regulatory agency spend in the approval process. (b) Policy.--Federal departments and agencies shall encourage the development and use of product testing procedures that accurately reflect the acute health effects on humans of certain products, including consumer products and products containing hazardous or toxic substances, but which do not rely upon animals. SEC. 3. FEDERAL ACTION. (a) Review of Regulations, Guidelines, or Recommendations Concerning the Draize Test and Other Animal Acute Toxicity Tests.--Not later than one year after the date of enactment of this Act, each Federal department or agency head shall-- (1) review and evaluate any regulation, guideline, or recommendation issued by that department or agency which requires, recommends, or encourages the use of the Draize or other animal acute toxicity test for the purpose of evaluation of the safety of a regulated product; (2) review and evaluate nonanimal alternatives with the potential for partial or full replacement of the Draize or other animal acute toxicity test for some or all of the products regulated; and (3) promulgate regulations, guidelines, or recommendations that specify a nonanimal acute toxicity test or battery of tests should be used instead of an animal acute toxicity test unless that Federal department or agency head determines that the nonanimal acute toxicity test or battery of such tests is less likely to predict the acute health effects on humans of a product than the animal acute toxicity test. (b) Corporate Testing Policies.--Nothing in this Act shall be interpreted to prohibit, recommend, or require any testing protocol or procedure by a corporation, institution, or individual to determine the safety of its products that is not required or recommended under this Act. (c) Animal Acute Toxicity Tests.--Any Federal department or agency head that finds that regulations requiring or recommending animal tests should not be amended, shall publish in the Federal Register an explanation of options considered and the justification for continuing the animal acute toxicity test. (d) Periodic Review of Animal Acute Toxicity Testing Regulations.-- At least every 2 years (beginning 3 years after the date of enactment of this Act), each Federal department or agency head, after considering the most recent technological advances available, shall determine whether continued use of any animal acute toxicity test is justified. If a Federal department or agency head determines that such use is justified, then that Federal department or agency head shall publish an explanation of such continued use in the Federal Register. SEC. 4. APPLICATION. This Act shall not apply to regulations, guidelines, or recommendations related to medical research. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Animal.--The term ``animal'' means any vertebrate. (2) Animal acute toxicity test.--The term ``animal acute toxicity test'' means an acute toxicity test on animals, including (but not limited to) the Draize eye or skin irritancy test, LD-50 test, approximate lethal dose test, and the limit test. (3) Federal department or agency head.--The term ``Federal department or agency head'' means the head of a Federal department or agency who-- (A) has authority to promulgate regulations, guidelines, and recommendations with respect to procedures to be used in the safety testing by manufacturers of products, including consumer products, veterinary products, and products containing hazardous or toxic substances; or (B) licenses or approves products, labeling requirements or the transportation of products based on the results of these tests. (4) Medical research.--The term ``medical research'' means research, including research performed using biotechnology, related to the causes, diagnosis, treatment, or control of physical or mental impairments of humans or animals. The term does not include the testing of a product to determine its toxicity for the purpose of complying with protocols, recommendations, or guidelines for testing required, recommended, or accepted by a Federal regulatory agency for a product introduced in commerce. (5) Nonanimal acute toxicity test.--The term ``nonanimal acute toxicity test'' means an acute toxicity test not conducted on animals. Such tests include (but are not limited to) cell culture, computer modeling, protein alteration, and chorioallantoic membrane techniques.

Consumer Products Safe Testing Act - Sets forth Federal policy requiring Federal departments and agencies to encourage the development and use of product testing procedures that do not rely upon animals yet accurately reflect the acute health effects on humans of certain products, including consumer products and products containing hazardous or toxic substances. Requires each Federal department or agency head to: (1) evaluate any regulation, guideline, or recommendation issued by that agency which requires, recommends, or encourages the use of the Draize or other animal acute toxicity test to evaluate the safety of a regulated product; (2) evaluate nonanimal alternatives with the potential for partial or full replacement of such test; and (3) promulgate regulations, guidelines, or recommendations that specify a nonanimal acute toxicity test or battery of tests that should be used instead of an animal test unless the nonanimal test is less likely to predict the acute health effects of a product on humans. Provides that any Federal agency head who finds that regulations requiring or recommending animal tests should not be amended, to publish in the Federal Register an explanation of options considered and the justification for continuing the animal test. Requires each Federal agency head, at least every two years, after considering the most recent technological advances available, to determine whether continued use of any animal test is justified. Makes this Act inapplicable to regulations, guidelines, or recommendations related to medical research.

Consumer Products Safe Testing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Tribute to Constance Baker Motley Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Constance Baker Motley was born in 1921, in New Haven, Connecticut, the daughter of immigrants from the Caribbean island of Nevis. (2) In 1943, Constance Baker Motley graduated from New York University with a Bachelor of Arts degree in economics. (3) Upon receiving a law degree from Columbia University in 1946, Constance Baker Motley became a staff attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc. (in this Act referred to as the ``LDF''), and fought tirelessly for 2 decades alongside Thurgood Marshall and other leading civil rights lawyers to dismantle segregation throughout the United States. (4) Constance Baker Motley was the only female attorney on the LDF legal team that won the landmark desegregation case, Brown v. Board of Education, 347 U.S. 483 (1954). (5) Constance Baker Motley argued 10 major civil rights cases before the Supreme Court, winning all but one, including the case brought on behalf of James Meredith challenging the refusal of the University of Mississippi to admit him. (6) Constance Baker Motley's only loss before the United States Supreme Court was in Swain v. Alabama, 380 U.S. 202 (1965), a case in which the Supreme Court refused to proscribe race-based peremptory challenges in cases involving African- American defendants, and which was later reversed in Batson v. Kentucky, 476 U.S. 79 (1986), on grounds that were largely asserted by Constance Baker Motley in the Swain case. (7) In 1964, Constance Baker Motley became the first African-American woman elected to the New York State Senate. (8) In 1965, Constance Baker Motley became the first African-American woman, and the first woman, to serve as president of the Borough of Manhattan. (9) Constance Baker Motley, in her capacity as an elected public official in New York, continued to fight for civil rights, dedicating herself to the revitalization of the inner city and improvement of urban public schools and housing. (10) In 1966, Constance Baker Motley was appointed by President Lyndon B. Johnson as a judge on the United States District Court for the Southern District of New York. (11) The appointment of Constance Baker Motley made her the first African-American woman, and only the fifth woman, appointed and confirmed for a Federal judgeship. (12) In 1982, Constance Baker Motley was elevated to Chief Judge of the United States District Court for the Southern District of New York, the largest Federal trial court in the United States. (13) Constance Baker Motley assumed senior status in 1986, and continued serving on the United States District Court for the Southern District of New York with distinction for nearly 2 decades. (14) Constance Baker Motley passed away on September 28, 2005, and is survived by her husband Joel Wilson Motley, Jr., their son, Joel Motley III, her 3 grandchildren, her brother, Edmund Baker of Florida, and her sisters Edna Carnegie, Eunice Royster, and Marian Green, of New Haven, Connecticut. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives are authorized to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley, in recognition of her enduring contributions and service to the United States. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. NATIONAL MEDALS. (a) National Medal.--The medal struck under section 3 is a national medal for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all duplicate medals struck under section 4 shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck under this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

Congressional Tribute to Constance Baker Motley Act of 2013 - Authorizes the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley (civil rights attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc., first African-American woman elected to the New York State Senate, and Chief Judge on the U.S. District Court for the Southern District of New York), in recognition of her enduring contributions and service to the United States.

Congressional Tribute to Constance Baker Motley Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Driver Compliance Improvement Act''. SEC. 2. ELECTRONIC ON-BOARD RECORDING DEVICES. (a) Amendments.--Subchapter III of chapter 311 of title 49, United States Code, is amended-- (1) in section 31132-- (A) by redesignating paragraphs (2) through (11) as paragraphs (4) through (13), respectively; and (B) by inserting after paragraph (1) the following: ``(2) `driving time' has the meaning given such term under section 395.2 of title 49, Code of Federal Regulations. ``(3) `electronic on-board recording device' means an electronic device that-- ``(A) is capable of recording a driver's duty hours of service and duty status accurately and automatically; and ``(B) meets the requirements under section 395.16(b) of title 49, Code of Federal Regulations.''; and (2) in section 31137-- (A) in the section heading by striking ``Monitoring device'' and inserting ``Electronic on-board recording devices''; and (B) by amending subsection (a) to read as follows: ``(a) Electronic On-Board Recording Devices.-- ``(1) Requirement.--All commercial motor vehicles involved in interstate commerce and subject to both the hours of service and the record of duty status requirements under part 395 of title 49, Code of Federal Regulations, shall be equipped with an electronic on-board recording device to improve compliance with hours of service regulations under such part. ``(2) Limitations of information retrieval.-- ``(A) In general.--Data recorded by an electronic on-board recording device that meets the requirements under part 395 of title 49, Code of Federal Regulations, is not admissible in any civil, criminal, or administrative proceeding for any purpose other than establishing compliance or noncompliance with the applicable Federal hours-of-service rules governing the maximum driving time and minimum off-duty time applicable to motor carriers and drivers. ``(B) Applicability to civil and criminal proceedings.--The prohibition under subparagraph (A) shall apply to any civil or criminal action or proceeding, whether in Federal or State court, and to any administrative action, whether by Federal or State authorities, unless-- ``(i) the owner consents to the retrieval of the information; or ``(ii) the information-- ``(I) is retrieved by a government motor vehicle safety agency or law enforcement agency to determine compliance with hours of service regulations under part 395 of title 49, Code of Federal Regulations, and enforcing penalties for violating hours of service regulations under such part; and ``(II) is not used by any person or entity other than a government motor vehicle agency for the purposes set forth in subclause (I) without owner consent. ``(C) Defined term.--In this paragraph, the term `owner' means a person or entity-- ``(i) in whose name the motor vehicle, which is equipped with the device from which the data is retrieved, is registered or titled; or ``(ii) entitled to possession of the motor vehicle as lessee pursuant to a written lease or rental agreement.''. (b) Effective Date.--The amendments made under subsection (a) shall take effect on the effective date of the final regulations prescribed by the Secretary of Transportation pursuant to section 3. SEC. 3. RULEMAKING. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation shall prescribe final regulations to carry out section 31137 of title 49, United States Code, as amended by section 2. (b) Performance and Design Standards.--The regulations prescribed by the Secretary under this section shall establish performance and design standards that require each electronic on-board recording device-- (1) to be integrally linked or communicate with the vehicle's engine control module; (2) to identify each individual who operates the vehicle; (3) to accurately record driving time; (4) to provide real-time tracking of the vehicle's location; (5) to enable law enforcement personnel to access the information contained in the device during roadside inspections; and (6) to be tamper resistant. (c) Additional Requirements.--The regulations prescribed by the Secretary under this section shall-- (1) define a standardized user interface to aid vehicle operator compliance and law enforcement reviews; (2) establish a secure process for standardized and unique vehicle operator identification, data access, data transfer for vehicle operators between motor vehicles, data storage for motor carriers, and data transfer and transportability for law enforcement; (3) establish a standard security level for electronic on- board recording devices to be tamper resistant; and (4) establish a process for approving eligible electronic on-board recorder systems. (d) Effective Date; Applicability.--The regulations prescribed under this section shall apply to all motor carriers, commercial motor vehicles, and vehicle operators subject to both the hours of service and the record of duty status requirements under part 395 of title 49, Code of Federal Regulations, beginning on the date that is 3 years after the date of the enactment of this Act.

Commercial Driver Compliance Improvement Act - Requires all commercial motor vehicles involved in interstate commerce and subject to both federal hours-of-service and record of duty status requirements, in order to improve compliance with federal hours-of-service regulations, to be equipped with an electronic on-board recording device meeting performance and design standards and requirements prescribed by the Secretary of Transportation (DOT). Denies the admissibility in any civil, criminal, or administrative proceeding of recorded information retrieved from an electronic on-board recording device installed in a motor vehicle: (1) for any purpose other than to establish compliance or noncompliance with applicable federal hours-of-service requirements; or (2) unless the motor vehicle owner consents to the retrieval of information, or the information is retrieved by a government motor vehicle safety or law enforcement agency and is not used by any person or entity other than that agency.

A bill to require the use of electronic on-board recording devices in motor carriers to improve compliance with hours of service regulations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal and Estuarine Land Conservation Program Act''. SEC. 2. AUTHORIZATION OF COASTAL AND ESTUARINE LAND CONSERVATION PROGRAM. The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by inserting after section 307 the following new section: ``authorization of the coastal and estuarine land conservation program ``Sec. 307A. (a) In General.--The Secretary may conduct a Coastal and Estuarine Land Conservation Program, in cooperation with appropriate State, regional, and other units of government, for the purposes of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses or could be managed or restored to effectively conserve, enhance, or restore ecological function. The program shall be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration through the Office of Ocean and Coastal Resource Management. ``(b) Property Acquisition Grants.--The Secretary shall make grants under the program to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property or interests in property described in subsection (a) that will further the goals of-- ``(1) a Coastal Zone Management Plan or Program approved under this title; ``(2) a National Estuarine Research Reserve management plan; ``(3) a regional or State watershed protection or management plan involving coastal states with approved coastal zone management programs; or ``(4) a State coastal land acquisition plan that is consistent with an approved coastal zone management program. ``(c) Grant Process.--The Secretary shall allocate funds to coastal states or National Estuarine Research Reserves under this section through a competitive grant process in accordance with guidelines that meet the following requirements: ``(1) The Secretary shall consult with the coastal state's coastal zone management program, any National Estuarine Research Reserve in that State, and the lead agency designated by the Governor for coordinating the implementation of this section (if different from the coastal zone management program). ``(2) Each participating coastal state, after consultation with local governmental entities and other interested stakeholders, shall identify priority conservation needs within the State, the values to be protected by inclusion of lands in the program, and the threats to those values that should be avoided. ``(3) Each participating coastal state shall to the extent practicable ensure that the acquisition of property or easements shall complement working waterfront needs. ``(4) The applicant shall identify the values to be protected by inclusion of the lands in the program, management activities that are planned and the manner in which they may affect the values identified, and any other information from the landowner relevant to administration and management of the land. ``(5) Awards shall be based on demonstrated need for protection and ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other governmental units, landowners, corporations, or private organizations. ``(6) The governor, or the lead agency designated by the governor for coordinating the implementation of this section, where appropriate in consultation with the appropriate local government, shall determine that the application is consistent with the State's or territory's approved coastal zone plan, program, and policies prior to submittal to the Secretary. ``(7)(A) Priority shall be given to lands described in subsection (a) that can be effectively managed and protected and that have significant ecological value. ``(B) Of the projects that meet the standard in subparagraph (A), priority shall be given to lands that-- ``(i) are under an imminent threat of conversion to a use that will degrade or otherwise diminish their natural, undeveloped, or recreational state; and ``(ii) serve to mitigate the adverse impacts caused by coastal population growth in the coastal environment. ``(8) In developing guidelines under this section, the Secretary shall consult with coastal states, other Federal agencies, and other interested stakeholders with expertise in land acquisition and conservation procedures. ``(9) Eligible coastal states or National Estuarine Research Reserves may allocate grants to local governments or agencies eligible for assistance under section 306A(e). ``(10) The Secretary shall develop performance measures that the Secretary shall use to evaluate and report on the program's effectiveness in accomplishing its purposes, and shall submit such evaluations to Congress triennially. ``(d) Limitations and Private Property Protections.-- ``(1) A grant awarded under this section may be used to purchase land or an interest in land, including an easement, only from a willing seller. Any such purchase shall not be the result of a forced taking under this section. Nothing in this section requires a private property owner to participate in the program under this section. ``(2) Any interest in land, including any easement, acquired with a grant under this section shall not be considered to create any new liability, or have any effect on liability under any other law, of any private property owner with respect to any person injured on the private property. ``(3) Nothing in this section requires a private property owner to provide access (including Federal, State, or local government access) to or use of private property unless such property or an interest in such property (including a conservation easement) has been purchased with funds made available under this section. ``(e) Recognition of Authority to Control Land Use.--Nothing in this title modifies the authority of Federal, State, or local governments to regulate land use. ``(f) Matching Requirements.-- ``(1) In general.--The Secretary may not make a grant under the program unless the Federal funds are matched by non-Federal funds in accordance with this subsection. ``(2) Cost share requirement.-- ``(A) In general.--Grant funds under the program shall require a 100 percent match from other non- Federal sources. ``(B) Waiver of requirement.--The Secretary may grant a waiver of subparagraph (A) for underserved communities, communities that have an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary deems appropriate and consistent with the purposes of the program. ``(3) Other federal funds.--Where financial assistance awarded under this section represents only a portion of the total cost of a project, funding from other Federal sources may be applied to the cost of the project. Each portion shall be subject to match requirements under the applicable provision of law. ``(4) Source of matching cost share.--For purposes of paragraph (2)(A), the non-Federal cost share for a project may be determined by taking into account the following: ``(A) The value of land or a conservation easement may be used by a project applicant as non-Federal match, if the Secretary determines that-- ``(i) the land meets the criteria set forth in section 2(b) and is acquired in the period beginning 3 years before the date of the submission of the grant application and ending 3 years after the date of the award of the grant; ``(ii) the value of the land or easement is held by a non-governmental organization included in the grant application in perpetuity for conservation purposes of the program; and ``(iii) the land or easement is connected either physically or through a conservation planning process to the land or easement that would be acquired. ``(B) The appraised value of the land or conservation easement at the time of the grant closing will be considered and applied as the non-Federal cost share. ``(C) Costs associated with land acquisition, land management planning, remediation, restoration, and enhancement may be used as non- Federal match if the activities are identified in the plan and expenses are incurred within the period of the grant award, or, for lands described in (A), within the same time limits described therein. These costs may include either cash or in-kind contributions. ``(g) Reservation of Funds for National Estuarine Research Reserve Sites.--No less than 15 percent of funds made available under this section shall be available for acquisitions benefitting National Estuarine Research Reserves. ``(h) Limit on Administrative Costs.--No more than 5 percent of the funds made available to the Secretary under this section shall be used by the Secretary for planning or administration of the program. The Secretary shall provide a report to Congress with an account of all expenditures under this section for fiscal year 2009 and triennially thereafter. ``(i) Title and Management of Acquired Property.--If any property is acquired in whole or in part with funds made available through a grant under this section, the grant recipient shall provide-- ``(1) such assurances as the Secretary may require that-- ``(A) the title to the property will be held by the grant recipient or another appropriate public agency designated by the recipient in perpetuity; ``(B) the property will be managed in a manner that is consistent with the purposes for which the land entered into the program and shall not convert such property to other uses; and ``(C) if the property or interest in land is sold, exchanged, or divested, funds equal to the current value will be returned to the Secretary in accordance with applicable Federal law for redistribution in the grant process; and ``(2) certification that the property (including any interest in land) will be acquired from a willing seller. ``(j) Requirement for Property Used for Non-Federal Match.--If the grant recipient elects to use any land or interest in land held by a non-governmental organization as a non-Federal match under subsection (g), the grant recipient must to the Secretary's satisfaction demonstrate in the grant application that such land or interest will satisfy the same requirements as the lands or interests in lands acquired under the program. ``(k) Definitions.--In this section: ``(1) Conservation easement.--The term `conservation easement' includes an easement or restriction, recorded deed, or a reserve interest deed where the grantee acquires all rights, title, and interest in a property, that do not conflict with the goals of this section except those rights, title, and interests that may run with the land that are expressly reserved by a grantor and are agreed to at the time of purchase. ``(2) Interest in property.--The term `interest in property' includes a conservation easement. ``(l) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $60,000,000 for each of fiscal years 2009 through 2013.''. Passed the House of Representatives September 22, 2008. Attest: LORRAINE C. MILLER, Clerk.

Coastal and Estuarine Land Conservation Program Act - Amends the Coastal Zone Management Act of 1972 to authorize the Secretary of Commerce to conduct a Coastal and Estuarine Land Conservation Program to protect important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values and that are threatened by conversion from their natural, undeveloped, or recreational state to other uses or that could be managed or restored to effectively conserve, enhance, or restore ecological function. Requires the program to be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration (NOAA) through the Office of Ocean and Coastal Resource Management. Authorizes the Secretary to make Program grants to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property that will further the goals of an approved Coastal Zone Management Plan or Program, a National Estuarine Research Reserve management plan, a regional or state watershed protection or management plan, or a state coastal land acquisition plan. Directs the Secretary to allocate funds to coastal states or National Estuarine Research Reserves through a competitive grant process with guidelines that meet specified requirements, including that: (1) each participating coastal state shall ensure that the acquisition of property or easements shall complement working waterfront needs; and (2) priority shall be given to lands that can be effectively managed and protected, that have significant ecological value, that are under an imminent threat of conversion to a use that will diminish their natural, undeveloped, or recreational state, and that serve to mitigate the adverse impacts caused by coastal population growth in the coastal environment. Provides that grant awards may be used to purchase land, including an easement, only from a willing seller. Prohibits any such purchase from being the result of a forced taking. Provides that grant funds under the Program shall require a 100% match from nonfederal sources, subject to a waiver by the Secretary for underserved and other specified communities or for other appropriate reasons. Reserves 15% of program funds for acquisitions benefiting the National Estuarine Research Reserve. Specifies that when property is acquired under this program, the grant recipient shall provide assurances that: (1) title will be held by the recipient (or another public agency designated by the recipient) in perpetuity; (2) property will be managed consistent with the purpose of the Program; and (3) funds will be returned to the Secretary for redistribution if the property is sold, exchanged, or divested. Authorizes appropriations.

To authorize the acquisition of land and interests in land from willing sellers to improve the conservation of, and to enhance the ecological values and functions of, coastal and estuarine areas to benefit both the environment and the economies of coastal communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Claims Continuation Act''. SEC. 2. CONTINUATION OF CLAIM AND SUBSTITUTION OF PARTIES UPON DEATH OF APPLICANT FOR BENEFITS. (a) In General.--Chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5127. Deaths of applicants for benefits: continuation of claims and substitution of parties ``(a) In the case of a claim for compensation, dependency and indemnity compensation, or pension that was submitted to the Secretary by a claimant who dies on or after the date of the enactment of the Veterans Claims Continuation Act and before a decision on that claim becomes final in accordance with section 7291 of this title, the claim shall not be extinguished if, within the time period prescribed in subsection (c)(2), an eligible person submits an application to the Secretary, or submits a motion to a court with jurisdiction over the claim, to be substituted as the claimant in order to continue prosecution of that claim. The Secretary or the court, as the case may be, shall approve any such application submitted by an eligible person. ``(b)(1) For purposes of this section and section 7270 of this title, and subject to paragraphs (2) and (3), the term `eligible person' means any of the following individuals: ``(A) The surviving spouse. ``(B) Surviving children who have attained the age of 21. ``(C) A surviving parent. ``(D) The executor, administrator or other legal representative of the deceased claimant's estate. ``(E) The heirs of the veteran. ``(2) In a case where more than one individual referred to in paragraph (1) submits an application or motion under subsection (a) to be substituted as a claimant, the eligible person shall be determined in the order listed in subparagraphs (A) through (E) of paragraph (1). In the case of individuals submitting an application or motion under subsection (a) who are specified in the same subparagraph of paragraph (1), the eligible person shall be the first in time to submit such application or motion. ``(3) The Secretary may determine that an individual who otherwise would be the `eligible person' for purposes of substitution for a deceased claimant under this section is not competent or otherwise is not a proper representative of the estate. In such a case, the Secretary shall notify the applicant of such determination in writing and shall substitute another eligible person to represent the interests of the deceased claimant. ``(c)(1) Upon being notified of the death of a claimant, the Secretary shall send a notice to the estate of the decedent at the decedent's last know address and to the authorized representative of the decedent, if any, informing the estate and the representative that the claim will be dismissed unless an application for substitution as the claimant is received by the Secretary within one year of the claimant's death. ``(2) An application under this section for substitution as the claimant on a claim must be filed not later than the later of-- ``(A) the end of the one-year period beginning on the date of the claimant's death; or ``(B) the end of the six-month period beginning on the date of the notification under paragraph (1). ``(d) A person named as a substitute claimant under section (a) shall be accorded all the rights and responsibilities of the original claimant. ``(e) If benefits are payable as a result of a decision on a claim by a substituted claimant named under this section, such benefits shall be paid as follows: ``(1) If the deceased claimant was claiming benefits as a veteran, to the living person first listed below: ``(A) The veteran's spouse. ``(B) The veteran's children (in equal shares). ``(C) The veteran's dependent parents (in equal shares). ``(2) If the deceased claimant was claiming benefits as the surviving spouse of a veteran, to the surviving children of the deceased veteran (in equal shares). ``(3) If the deceased claimant was claiming benefits under chapter 18 of this title as the child of a veteran, to the surviving parents of the child (in equal shares). ``(4) If there is no beneficiary who meets the criteria of paragraphs (1), (2), and (3) and in all other cases, to the decedent's estate, unless the estate will escheat. ``(f) Upon the appointment of a substitute claimant, the Secretary shall notify the person substituted as the claimant as to the evidence or information necessary to substantiate the pending claim. If such information or evidence is not received within one year from the date of such notification, no benefits may be paid on the claim. ``(g) For purposes of section 5112(b) of this title, the term `payee' as used in such section shall be deemed to include a deceased claimant for whom a substitute claimant is appointed under this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5127. Deaths of applicants for benefits: continuation of claims and substitution of parties.''. SEC. 3. PAYMENT OF ACCRUED BENEFITS APPLICABLE TO DEATHS BEFORE DATE OF ENACTMENT. (a) In General.--Subsection (a) of section 5121 of title 38, United States Code, is amended-- (1) in the matter preceding paragraph (1), by striking ``periodic monetary benefits'' and all that follows through ``be paid'' and inserting ``accrued benefits of a deceased individual who died before the date of the enactment of the Veterans Claims Continuation Act that are due and unpaid for a period not to exceed two years shall be paid''; and (2) in paragraph (5), by striking ``only so much'' and all that follows through ``burial'' and inserting ``to the decedent's estate, unless the estate will escheat''. (b) Definition of Accrued Benefits.--Such section is further amended by adding at the end the following new subsection: ``(d) For purposes of this section and section 5122 of this title, the term `accrued benefits', with respect to a deceased individual, means periodic monetary benefits (other than insurance and servicemember's indemnity) under laws administered by the Secretary to which the deceased individual was entitled at death under existing ratings or decisions or based on evidence in the file at date of death.''. SEC. 4. SUBSTITUTION OF SURVIVOR IN CASES PENDING BEFORE A COURT. (a) In General.--(1) Subchapter II of chapter 72 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7270. Cases pending on death of claimant: substitution of parties ``(a) If a claimant dies before filing an appeal under section 7266 of this title, an eligible person may file an appeal as a substituted claimant for the decedent within the time period specified under section 7266 of this title. If an appellant or respondent dies while a claim is pending before a court and before a final decision is rendered under section 7291 of this title, an eligible person may move the court for substitution of claimant in the pending action. Any such motion filed with the the United States Court of Appeals for Veterans Claims or to the United States Court of Appeals for the Federal Circuit must be filed within the time period prescribed by sections 7266 and 7292 of this title, respectively, or within one year of the claimant's death, whichever is earlier. ``(b) In any case in which a final decision under section 7291 of this title has not been made, an eligible person may move a court to be substituted as the appellant (or respondent as the case may be) for an appellant or respondent who dies while an appeal is pending. The court shall, upon filing of a timely motion, appoint an eligible person to substitute as the claimant to continue prosecution or defense of that claim. ``(c) Nothing in this section shall require or authorize substitution for a deceased claimant if a final decision under section 7291 of this title has been entered before the filing of a motion for substitution. ``(d) In this section, the term `eligible person' has the meaning given that term in section 5127(b) of this title.''. (2) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``7270. Cases pending on death of claimant: substitution of parties.''. (b) Effective Date.--Section 7270 of title 38, United States Code, as added by subsection (a), shall apply with respect to deaths of claimants on or after the date of the enactment of this Act.

Veterans Claims Continuation Act - Authorizes the substitution of any of the following parties in the case of a veteran's claim for benefits provided through the Department of Veterans Affairs when the original claimant dies while the claim is pending: (1) the surviving spouse; (2) any surviving child at least 21 years of age; (3) a surviving parent; (4) the legal representative of the deceased claimant's estate; or (5) the next of kin of the veteran. Authorizes: (1) the payment of accrued benefits in the case of deaths occurring before the date of enactment of this Act; and (2) the substitution of the above eligible parties in cases pending before a U.S. Circuit Court or the U.S. Court of Appeals for Veterans Claims.

To amend title 38, United States Code, to allow for substitution of parties in the case of a claim for benefits provided by the Department of Veterans Affairs when the applicant for such benefits dies while the claim is pending, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Prescription Drug Benefits Act of 2003''. SEC. 2. PRESCRIPTION DRUG BENEFIT FOR VETERANS. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1722A the following new section: ``Sec. 1722B. Prescription drug benefit program for medicare-eligible veterans and Priority 1 veterans ``(a) Benefit.--The Secretary shall establish a prescription drug benefit program in accordance with this section. Under the program, the Secretary shall furnish to veterans who are participants in the program drugs and medicines ordered on prescription of a duly licensed physician or other authorized health care professional who is not an employee of the Department, subject to the payment of any applicable premium and copayment under this section. ``(b) Veterans Eligible for the Prescription Drug Benefit.--The following veterans are eligible to participate in the prescription drug benefit program under this section: ``(1) Priority 1 veterans. ``(2) Medicare-eligible veterans (other than Priority 1 veterans) who enroll in the program. ``(c) Enrollment.--(1) In order for a medicare-eligible veteran who is not a Priority 1 veteran to participate in the prescription drug benefit program, the veteran must enroll in the program. Such enrollment shall be carried out in such manner as may be prescribed by the Secretary by regulation. The status of a veteran as a medicare- eligible veteran shall be verified by the Secretary of Health and Human Services upon request of the Secretary. ``(2) A medicare-eligible veteran who enrolls in the prescription drug benefit program is not eligible for enrollment in the patient enrollment system under section 1705 of this title. The Secretary shall inform any veteran applying for enrollment under this section that the veteran, while enrolled in the prescription drug benefit program, will not be eligible for health care provided by the Secretary. ``(3) Any medicare-eligible veteran who enrolls in the prescription drug benefit program under this section and who at the time of such enrollment is enrolled in the patient enrollment system under section 1705 of this title shall, upon such enrollment under this section, be automatically disenrolled from that patient enrollment system. ``(4) The Secretary shall conduct an annual open enrollment period during the last two months of each fiscal year. During that period-- ``(A) a medicare-eligible veteran who is not a Priority 1 veteran may enroll in the program under this section; and ``(B) such a veteran previously enrolled under this section may disenroll. ``(5) During the first five fiscal years during which the prescription drug benefit program under this section is in effect, the Secretary may limit enrollment as determined necessary by the Secretary for administrative and fiscal reasons. All medicare-eligible veterans who apply for enrollment under this section during the first year that the program under this section is in effect shall be enrolled by the end of the fifth such year. ``(d) Annual Premium and Copayments.--(1) The Secretary shall by regulation establish an annual premium amount that must be paid to the United States by a veteran for drugs and medicines furnished under this section each year before such drugs and medicines are furnished to that veteran at the expense of the United States that year. ``(2) The Secretary shall by regulation establish an amount (known as a `copayment') that must be paid to the United States by a veteran for each 30-day supply of drugs and medicines furnished under this section. If the quantity of such drugs and medicines furnished is less than a 30-day supply, the amount of the copayment charge may not be reduced. ``(3) The Secretary may establish different copayment amounts for prescriptions depending on-- ``(A) whether they are filled under a generic drug name or by brand name; ``(B) whether or not they are available by mail; and ``(C) whether or not they are on the Department's National Prescription Drug Formulary. ``(4) The amount of the copayment charged for any particular prescription-- ``(A) may not be less than the amount in effect under section 1722A of this title for the copayment for medications furnished by the Department on prescription of Department health-care professionals; and ``(B) subject to subparagraph (A), may not exceed the cost to the Secretary of furnishing the drugs or medicine. ``(e) Disposition of Receipts.--(1) Any amount received under subsection (d) from a Priority 1 veteran shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund. ``(2) Any amount received under subsection (d) from a medicare- eligible veteran enrolled in the prescription drug benefit program under subsection (c) shall be transferred by the Secretary to the Federal Supplementary Medical Insurance Trust Fund established in section 1841 of the Social Security Act (42 U.S.C. 1395t). ``(f) Intergovernmental Reimbursement of Costs.--(1) The Secretary of Health and Human Services shall transfer to the Secretary, from the fund referred to in subsection (e)(2), amounts to reimburse the costs to the Department of furnishing drugs and medicine under the prescription drug benefit program under this section to medicare- eligible veterans enrolled under subsection (c). Amounts to be included in such costs are the following: ``(A) The cost of such drugs and medicines to the Department. ``(B) A reasonable charge for processing, filling, and dispensing the prescription, including overhead costs such as labor, equipment, space, and utilities. ``(C) Costs of postage, if furnished by mail. ``(2) To the extent the Secretary hires new personnel, purchases new equipment, or obtains additional facilities to carry out the prescription drug benefit program under this section, the Secretary shall document those expenses in charges to the Secretary of Health and Human Services that incorporate those expenses. ``(3) The Secretary of Health and Human Services shall make transfers of funds under this subsection periodically, as agreed upon by the two Secretaries, but not less often than weekly. Such payments shall be made upon receipt of a certification from the Secretary of Veterans Affairs of costs incurred by the Secretary under this section for the period with respect to which the certification is made. ``(4) Any amount received under this subsection shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund. ``(5) The Secretary and the Secretary of Health and Human Services shall enter into an agreement for the methodology to be used for determining costs of the Department for purposes of this subsection. ``(g) Nonliability.--A health care professional may not be considered to be an agent or employee of the United States by reason of a prescription of that health care professional being furnished by the Secretary under this section. ``(h) Information Resources.--(1) The Secretary shall develop and maintain a database of veterans enrolled under subsection (c) and of persons who have applied for such enrollment. ``(2) The Secretary shall maintain records of the costs of the program under this section, including separate costs for Priority 1 veterans and for veterans enrolled under subsection (c). ``(3) Not later than six years after the date of the enactment of this section, the Secretary shall implement a computerized patient profile system for participants in the prescription drug benefit plan under this section. The patient profile system shall have the capability, for each participant in the program, of identifying-- ``(A) known drug interactions; ``(B) contraindicated drugs; ``(C) available `best value' treatment alternatives for prescribed medications; and ``(D) patient safety issues. ``(i) Annual Report to Congress.--The Secretary shall submit to Congress an annual report on the operation of this section for each of the first five years this section is in effect. Each such report shall include the following: ``(1) The number of participants in the program during the year covered by the report and, of that number, the number who are enrolled under subsection (c), including the number who were new enrollees during such year. ``(2) The number of veterans who have applied for such enrollment and, as of the end of the year covered by the report, are waiting for such enrollment. ``(3) The number of veterans who during the year covered by the report were disenrolled from the patient enrollment system under section 1705 of this title in order to enroll under subsection (c). ``(4) The cost to the Department of the program under this section during the year covered by the report. ``(5) The amount of funds transferred to the Secretary during the year covered by the report under subsection (f). ``(6) The amount of resources added during the year covered by the report to accommodate increased workloads by reason of this section. ``(j) Regulations.--The Secretary shall prescribe regulations to carry out this section. Such regulations shall be prescribed in consultation with the Secretary of Health and Human Services. ``(k) Definitions.--For purposes of this section: ``(A) The term `medicare-eligible veteran' means a veteran who is entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) and who is enrolled under part B of that title (42 U.S.C. 1395j et seq.). ``(B) The term `Priority 1 veteran' means a veteran covered by section 1705(a)(1) of this title.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1722A the following new item: ``1722B. Prescription drug benefit program for medicare-eligible veterans and Priority 1 veterans.''. (b) Effective Date.--Section 1722B of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2003. The initial enrollment period under subsection (c)(4) of such section shall be the period beginning on August 1, 2004, and ending on September 30, 2004.

Veterans Prescription Drug Benefits Act of 2003 - Directs the Secretary of Veterans Affairs to establish a prescription drug benefit program under which drugs and medicines are furnished to eligible veterans on prescription of a duly licensed physician or other authorized health care professional who is not an employee of the Department of Veterans Affairs, subject to the payment of any required premium and copayment. Makes eligible for the program Priority 1 veterans (those with service-connected disabilities rated 50 percent or more) and Medicare-eligible veterans. Requires the Secretary of Health and Human Services to reimburse the Secretary for the costs of drugs and medicine furnished to the Medicare-eligible veterans under the program.Requires the Secretary to: (1) develop and maintain a database of veterans who enrolled in and applied for the program; and (2) implement a computerized patient profile system for program participants.

To amend title 38, United States Code, to provide improved prescription drug benefits for veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``China Policy Act of 1995''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The People's Republic of China comprises one-fifth of the world's population, or 1,200,000,000 people, and its policies have a profound effect on the world economy and global security. (2) The People's Republic of China is a permanent member of the United Nations Security Council and plays an important role in regional organizations such as the Asia-Pacific Economic Cooperation Forum and the ASEAN Regional Forum. (3) The People's Republic of China is a nuclear power with the largest standing army in the world, and has been rapidly modernizing and expanding its military capabilities. (4) The People's Republic of China is currently undergoing a change of leadership which will have dramatic implications for the political and economic future of the Chinese people and for China's relations with the United States. (5) China's estimated $600,000,000,000 economy has enjoyed unparalleled growth in recent years. (6) Economic liberalization in China has hastened development of an informed middle class which demands greater political and civil freedom; therefore, the Chinese people, including a number of dissidents, favor increased economic contacts between the United States and China. (7) Despite increased economic linkages between the United States and China, bilateral relations have deteriorated significantly because of fundamental policy differences over a variety of important foreign policy issues. (8) The People's Republic of China has violated international standards regarding the nonproliferation of weapons of mass destruction. (9) According to the State Department Country Report on Human Rights Practices for 1994, there continue to be ``widespread and well-documented human rights abuses in China, in violation of internationally accepted norms . . . (including) arbitrary and lengthy incommunicado detention, torture, and mistreatment of prisoners. . . . The regime continued severe restrictions on freedom of speech, press, assembly and association, and tightened control on the exercise of these rights during 1994. Serious human rights abuses persisted in Tibet and other areas populated by ethnic minorities.''. (10) The unjustified and arbitrary arrest, imprisonment, and initiation of criminal proceedings against Harry Wu, a citizen of the United States, has greatly exacerbated the deterioration in relations between the United States and the People's Republic of China, and all charges against him should be dismissed. (11) The United States currently has numerous sanctions on the People's Republic of China with respect to government-to- government assistance, arms sales, and other commercial transactions. (12) It is in the interest of the United States to foster China's continued engagement in the broadest range of international fora and increased respect for human rights, democratic institutions, and the rule of law in China. SEC. 3. UNITED STATES DIPLOMATIC INITIATIVES. (a) United States Objectives.--The Congress calls upon the President to undertake intensified diplomatic initiatives to persuade the Government of the People's Republic of China to-- (1) immediately and unconditionally release Harry Wu from detention; (2) adhere to prevailing international standards regarding the nonproliferation of weapons of mass destruction by, among other things, immediately halting the export of ballistic missile technology and the provision of other weapons of mass destruction assistance, in violation of international standards, to Iran, Pakistan, and other countries of concern; (3) respect the internationally-recognized human rights of its citizens by, among other things-- (A) permitting freedom of speech, freedom of press, freedom of assembly, freedom of association, and freedom of religion; (B) ending arbitrary detention, torture, forced labor, and other mistreatment of prisoners; (C) releasing all political prisoners, and dismantling the Chinese system of jailing political prisoners (the gulag) and the Chinese forced labor system (the Laogai); (D) ending coercive birth control practices; and (E) respecting the legitimate rights of the people of Tibet and other ethnic minorities; (4) curtail excessive modernization and expansion of China's military capabilities, and adopt defense transparency measures that will reassure China's neighbors; (5) end provocative military actions in the South China Sea and elsewhere that threaten China's neighbors, and work with them to resolve disputes in a peaceful manner; (6) adhere to a rules-based international trade regime in which existing trade agreements are fully implemented and enforced, and equivalent and reciprocal market access is provided for United States goods and services in China; and (7) reduce tensions with Taiwan by means of dialogue and other confidence building measures. (b) Venues for Diplomatic Initiatives.--The diplomatic initiatives taken in accordance with subsection (a) should include actions by the United States-- (1) in the conduct of bilateral relations with China; (2) in the United Nations and other international organizations; (3) in the World Bank and other international financial institutions; (4) in the World Trade Organization and other international trade fora; and (5) in the conduct of bilateral relations with other countries in order to encourage them to support and join with the United States in taking the foregoing actions. SEC. 4. REPORTING REQUIREMENTS. The President shall report to the Congress within 30 days after the date of enactment of this Act, and no less frequently than every 6 months thereafter, on-- (1) the actions taken by the United States in accordance with section 3 during the preceding 6-month period; (2) the actions taken with respect to China during the preceding 6-month period by-- (A) the United Nations and other international organizations; (B) the World Bank and other international financial institutions; and (C) the World Trade Organization and other international trade fora; and (3) the progress achieved with respect to each of the United States objectives identified in section 3(a). Such reports may be submitted in classified and unclassified form. SEC. 5. RADIO FREE ASIA. (a) Plan for Radio Free Asia.--Section 309(c) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208(c)) is amended to read as follows: ``(c) Submission of Plan.--Not later than 30 days after the date of enactment of the China Policy Act of 1995, the Director of the United States Information Agency shall submit to the Congress a detailed plan for the establishment and operation of Radio Free Asia in accordance with this section. Such plan shall include the following: ``(1) A description of the manner in which Radio Free Asia would meet the funding limitations provided in subsection (d)(4). ``(2) A description of the numbers and qualifications of employees it proposes to hire. ``(3) How it proposes to meet the technical requirements for carrying out its responsibilities under this section.''. (b) Initiation of Broadcasting to China.--Not later than 90 days after the date of enactment of this Act, Radio Free Asia shall commence broadcasting to China. Such broadcasting may be undertaken initially by means of contracts with or grants to existing broadcasting organizations and facilities.

China Policy Act of 1995 - Urges the President to undertake diplomatic initiatives to persuade China to: (1) immediately and unconditionally release Harry Wu from detention; (2) adhere to international standards regarding the nonproliferation of weapons of mass destruction by, among other things, halting the export of ballistic missile technology and the provision of other weapons of mass destruction assistance, in violation of international standards, to Iran, Pakistan, and other countries of concern; (3) respect the internationally-recognized human rights of its citizens; (4) curtail excessive modernization and expansion of its military capabilities, and adopt defense transparency measures that will reassure its neighbors; (5) end provocative military actions in the South China Sea and elsewhere that threaten China's neighbors, and work with them to resolve disputes peacefully; (6) adhere to a rules-based international trade regime in which existing trade agreements are fully implemented and enforced, and equivalent and reciprocal market access is provided for U.S. goods and services there; and (7) reduce tensions with Taiwan. Requires the President to report to the Congress on: (1) the actions taken and the progress achieved by the United States with respect to these objectives; and (2) the actions taken in light of them with respect to China by the United Nations and other international organizations, including the World Bank and the World Trade Organization. Amends the United States International Broadcasting Act of 1994 to require the Director of the USIA to submit to the Congress a plan for the establishment of Radio Free Asia to broadcast into China. Requires Radio Free Asia to commence broadcasting to China within 90 days after enactment of this Act.

China Policy Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deceptive Practices and Voter Intimidation Prevention Act of 2005''. SEC. 2. DECEPTIVE PRACTICES IN ELECTIONS. (a) Civil Action.-- (1) In general.--Subsection (b) of section 2004 of the Revised Statutes (42 U.S.C. 1971(b)) is amended-- (A) by striking ``No person'' and inserting the following: ``(1) No person''; and (B) by inserting at the end the following new paragraph: ``(2) No person, whether acting under color of law or otherwise, shall knowingly deceive any other person regarding-- ``(A) the time, place, or manner of conducting a general, primary, run-off, or special election for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a territory or possession; or ``(B) the qualifications for or restrictions on voter eligibility for any election described in subparagraph (A).''. (2) Private right of action.-- (A) In general.--Subsection (c) of section 2004 of the Revised Statutes (42 U.S.C. 1971(c)) is amended-- (i) by striking ``Whenever any person'' and inserting the following: ``(1) Whenever any person''; and (ii) by adding at the end the following new paragraph: ``(2) Any person aggrieved by a violation of subsection (b)(2) may institute a civil action or other proper proceeding for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order.''. (B) Conforming amendments.-- (i) Subsection (e) of section 2004 of the Revised Statutes (42 U.S.C. 1971(e)) is amended by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. (ii) Subsection (g) of section 2004 of the Revised Statutes (42 U.S.C. 1971(g)) is amended by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. (b) Criminal Penalty.--Section 594 of title 18, United States Code, is amended-- (1) by striking ``Whoever'' and inserting the following: ``(a) Intimidation.--Whoever''; and (2) by adding at the end the following: ``(b) Deceptive Acts.-- ``(1) Prohibition.-- ``(A) In general.--It shall be unlawful for any person to knowingly deceive another person regarding the time, place, or manner of an election described in subparagraph (B), or the qualifications for or restrictions on voter eligibility for any such election, with the intent to prevent such person from exercising the right to vote in such election. ``(B) Election.--An election described in this subparagraph is any general, primary, run-off, or special election for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, Delegate of the District of Columbia, or Resident Commissioner. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned not more than 1 year, or both.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. REPORTING FALSE ELECTION INFORMATION. (a) In General.--Any person may report to the Assistant Attorney General of the Civil Rights Division of the Department of Justice, or the designee of such Assistant Attorney General, any act of deception regarding-- (1) the time, place, or manner of conducting a general, primary, run-off, or special election for Federal office; or (2) the qualifications for or restrictions on voter eligibility for any general, primary, run-off, or special election for Federal office. (b) Corrective Action.-- (1) In general.--Except as provided in paragraph (2), not later than 48 hours after receiving a report under subsection (a), the Assistant Attorney General shall investigate such report and, if the Assistant Attorney General determines that an act of deception described in subsection (a) occurred, shall-- (A) undertake all effective measures necessary to provide correct information to voters affected by the deception, and (B) refer the matter to the appropriate Federal and State authorities for criminal prosecution. (2) Reports within 72 hours of an election.--If a report under subsection (a) is received within 72 hours before the election described in such subsection, the Assistant Attorney General shall immediately investigate such report and, if the Assistant Attorney General determines that an act of deception described in subsection (a) occurred, shall immediately undertake all effective measures necessary to provide correct information to voters affected by the deception. (3) Regulations.-- (A) In general.--The Attorney General shall promulgate regulations regarding the methods and means of corrective actions to be taken under paragraphs (1) and (2). Such regulations shall be developed in consultation with the Election Assistance Commission, civil rights organizations, voting rights groups, State election officials, voter protection groups, and other interested community organizations. (B) Study.-- (i) In general.--The Attorney General, in consultation with the Federal Communications Commission and the Election Assistance Commission, shall conduct a study on the feasibility of providing the corrective information under paragraphs (1) and (2) through public service announcements, the emergency alert system, or other forms of public broadcast. (ii) Report.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report detailing the results of the study conducted under clause (i). (c) Reports to Congress.-- (1) In general.--Not later than 90 days after any primary, general, or run-off election for Federal office, the Attorney General shall submit to the appropriate committees of Congress a report compiling and detailing any allegations of deceptive practices submitted pursuant to subsection (a) and relating to such election. (2) Contents.-- (A) In general.--Each report submitted under paragraph (1) shall include-- (i) detailed information on specific allegations of deceptive tactics; (ii) any corrective actions taken in response to such allegations; (iii) the effectiveness of any such corrective actions; (iv) any suit instituted under section 2004(b)(2) of the Revised Statutes (42 U.S.C. 1971(b)(2)) in connection with such allegations; (v) statistical compilations of how many allegations were made and of what type; (vi) the geographic locations of and the populations affected by the alleged deceptive information; and (vii) the status of the investigations of such allegations. (B) Exception.--The Attorney General may withhold any information that the Attorney General determines would unduly interfere with an on-going investigation. (3) Report made public.--The Attorney General shall make the report required under paragraph (1) publicly available through the Internet and other appropriate means. (d) Federal Office.--For purposes of this section, the term ``Federal office'' means the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a territory or possession of the United States. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this section.

Deceptive Practices and Voter Intimidation Prevention Act of 2005 - Amends the Revised Statutes and federal criminal law to prohibit any person, whether acting under color of law or otherwise, from knowingly deceiving any other person regarding: (1) the time, place, or manner of conducting any federal election; or (2) the qualifications for or restrictions on voter eligibility for any such election. Creates a private right of action for any person aggrieved by a violation of such prohibition. Prescribes a criminal penalty for such deceptive acts. Authorizes any person to report a deceptive act to the Assistant Attorney General (AAG) of the Civil Rights Division of the Department of Justice (or a designee). Requires the AAG to investigate such a report within 48 hours after its receipt and provide correct information to the voters if it is determined that an act of deception occurred. Requires an immediate investigation if such a report is received within 72 hours before an election. Directs the AAG, in such an instance, to undertake immediately all effective measures necessary to provide correct information to voters affected by the deception. Directs the Attorney General to study the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast.

A bill to prohibit deceptive practices in Federal elections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Ocean Research, Monitoring, and Observing Act of 2012''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The United States is an Arctic Nation with-- (A) an approximately 700-mile border with the Arctic Ocean; (B) more than 100,000,000 acres of land above the Arctic Circle; and (C) an even broader area defined as Arctic by temperature, which includes the Bering Sea and Aleutian Islands. (2) The Arctic region of the United States is home to an indigenous population that has subsisted for millennia on the abundance in marine mammals, fish, and wildlife, many of which are unique to the region. (3) Temperatures in the United States Arctic region have warmed by 3 to 4 degrees Celsius over the past half-century, a rate of increase that is twice the global average. (4) The Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice free during summer months in as few as 30 years. (5) Such changes to the Arctic region are having a significant impact on the indigenous people of the Arctic, their communities and ecosystems, as well as the marine mammals, fish, and wildlife upon which they depend. (6) Such changes are opening new portions of the United States Arctic continental shelf to possible development for offshore oil and gas, commercial fishing, marine shipping, and tourism. (7) Existing Federal research and science advisory programs focused on the environmental and socioeconomic impacts of a changing Arctic Ocean lack a cohesive, coordinated, and integrated approach and are not adequately coordinated with State, local, academic, and private-sector Arctic Ocean research programs. (8) The lack of research integration and synthesis of findings of Arctic Ocean research has impeded the progress of the United States and international community in understanding climate change impacts and feedback mechanisms in the Arctic Ocean. (9) An improved scientific understanding of the changing Arctic Ocean is critical to the development of appropriate and effective regional, national, and global climate change adaptation strategies. (b) Purpose.--The purpose of this Act is to establish a permanent environmental sentinel program to conduct research, monitoring, and observation activities in the Arctic Ocean-- (1) to promote and sustain a productive and resilient marine, coastal, and estuarine ecosystem in the Arctic and the human uses of its natural resources through greater understanding of how the ecosystem works and monitoring and observation of its vital signs; and (2) to track and evaluate the effectiveness of natural resource management in the Arctic in order to facilitate improved performance and adaptive management. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the North Pacific Research Board established under section 401(e) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-1608). (2) Commission.--The term ``Commission'' means the Arctic Research Commission established under the Arctic Research and Policy Act of 1984 (Public Law 98-373; 15 U.S.C. 4102). (3) Program.--The term ``Program'' means the Arctic Ocean Research, Monitoring, and Observation Program established by section 4(a). SEC. 4. ARCTIC OCEAN RESEARCH, MONITORING, AND OBSERVATION PROGRAM. (a) Establishment.--There is established an Arctic Ocean Research, Monitoring, and Observation Program to be administered by the Board with input and assistance from the Commission. (b) Research, Monitoring, and Observation Activities.--The Program shall be an integrated, long-term scientific research, monitoring, and observation program consisting of-- (1) marine, coastal, and estuarine research, including-- (A) fisheries research; (B) research on the structure and function of the ecosystem and its food webs; and (C) research on the spatial distributions and status of fish, wildlife, and other populations in the Arctic; (2) marine, coastal, and estuarine ecosystem monitoring and observation, including expansion of the Alaska Ocean Observing System in the Arctic; and (3) marine, coastal, and estuarine research, monitoring, observation, and modeling that supports planning, environmental review, decisionmaking, evaluation, impact and natural resources damage assessment, and adaptive management with respect to industrial and other human activities, such as shipping, in the Arctic, environmental change, and their interactive and cumulative effects in the Arctic. (c) Initial Projects.--In initiating the Program, the Board shall make grants under subsection (e)-- (1) to support research and monitoring of Arctic fisheries, including on the distributions and ecology of Arctic cod and other forage fishes, for a period of not less than 3 years; (2) to support research and monitoring of Arctic marine mammals, including their responses to loss of sea ice habitats and reactions to disturbance, for a period of not less than 3 years; and (3) to establish the Alaska Ocean Observing System in the Arctic Ocean such that it has sufficient capacity to provide comprehensive data, nowcasts and forecasts, and information products in real time and near real time on physical, chemical, and biological conditions and environmental change. (d) Arctic Ocean Science Plan.-- (1) Requirement.--The Board and the Commission shall jointly prepare a comprehensive, integrated Arctic Ocean science plan. (2) Recognition and coordination with other science.--The content of the plan required by paragraph (1) shall be developed with recognition of and in coordination with other science plans and activities in the Arctic. (3) Informed by synthesis of existing knowledge.-- Development of the plan required by paragraph (1) shall be informed by a synthesis of existing knowledge about the Arctic ecosystem, including information about how the ecosystem functions, individual and cumulative sources of ecosystem stress, how the ecosystem is changing, and other relevant information. (4) Review.-- (A) Initial review by national research council.-- The Board shall submit the initial plan required by paragraph (1) to the National Research Council for review. (B) Periodic review and updates.--Not less frequently than once every 5 years thereafter, the Board and the Commission shall, in consultation with the National Research Council, review the plan required by paragraph (1) and update it as the Board and the Commission consider necessary. (5) Use.--The Board shall use the plan required by paragraph (1) as a basis for setting priorities and awarding grants under subsection (e). (e) Grants.-- (1) Authority.--Except as provided in paragraph (2), the Board shall, under the Program, award grants to carry out research, monitoring, and observation activities described in subsections (b) and (c). (2) Limitation.--The North Pacific Research Board may not award any grants under paragraph (1) until the Board has prepared the plan required by subsection (d)(1). (3) Conditions, considerations, and priorities.--When making grants to carry out the research, monitoring, and observation activities described in subsections (b) and (c), the Board shall-- (A) consider institutions located in the Arctic and subarctic; (B) place a priority on cooperative, integrated long-term projects, designed to address current or anticipated marine ecosystem or fishery or wildlife management information needs; (C) give priority to fully establishing and operating the Alaska Ocean Observing System in the Arctic Ocean, which may include future support for cabled ocean observatories; (D) recognize the value of local and traditional ecological knowledge, and, where appropriate, place a priority on research, monitoring, and observation projects that incorporate local and traditional ecological knowledge; (E) ensure that research, monitoring, and observation data collected by grantees of the Program are made available to the public in a timely fashion, pursuant to national and international protocols; and (F) give due consideration to the annual recommendations and review of the Commission carried out under subsection (f). (f) Annual Recommendations and Review by Arctic Research Commission.--Each year, the Commission shall-- (1) recommend ongoing and future research, monitoring, and observation priorities and strategies to be carried out pursuant to subsections (b) and (c); (2) undertake a written review of ongoing and recently concluded research, monitoring, and observation activities undertaken pursuant to such subsections; and (3) submit to the Board the recommendations required by paragraph (1) and the review required by paragraph (2).

Arctic Ocean Research, Monitoring, and Observing Act of 2012 - Establishes the Arctic Ocean Research, Monitoring, and Observation Program to be administered by the North Pacific Research Board with input and assistance from the Arctic Research Commission. Requires the Program to include marine, coastal, and estuarine: (1) research of fisheries, ecosystem food webs, and spatial distributions of fish and other wildlife; (2) monitoring and observation, including expansion of the Alaska Ocean Observing System in the Arctic; (3) research, monitoring, observation, and modeling to support planning, environmental review, decisionmaking, evaluation, impact and natural resources damage assessment, and adaptive management with respect to industrial and other human activities in the Arctic, environmental change, and the interactive and cumulative effects in the Arctic. Directs: (1) the Board and Commission to jointly prepare an Arctic Ocean science plan, and (2) the Board to submit the plan to the National Research Council. Requires that the plan be reviewed and updated at least once every five years. Establishes a grant program to award grants for research, monitoring, and observation under the science plan. Directs the Commission to annually review and recommend to the Board ongoing and future strategies and priorities.

A bill to provide for research, monitoring, and observation of the Arctic Ocean and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electricity Reliability and Fuel Security Act''. SEC. 2. COAL-POWERED ELECTRIC GENERATION UNIT CREDIT. (a) Federal Tax Credit for Coal-Powered Electric Generation Units.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45T. COAL-POWERED ELECTRIC GENERATION UNIT CREDIT. ``(a) In General.--For purposes of section 38, in the case of a taxpayer who owns or leases a coal-powered electric generation unit, the coal-powered electric generation unit credit determined under this section for a taxable year shall be an amount equal to the lesser of 30 percent of qualified expenses paid or incurred by such taxpayer in such year or the product of-- ``(1) $13, multiplied by ``(2) the nameplate capacity rating in kilowatts of such unit. ``(b) Coal-Powered Electric Generation Unit.--For purposes of this section, the term `coal-powered electric generation unit' means an electric generation unit (as defined in section 48A(c)(6)) that uses coal to produce not less than 75 percent of the electricity produced by such unit. ``(c) Qualified Expenses.--For purposes of this section, the term `qualified expenses' means amounts paid or incurred for the operation or maintenance of a coal-powered electric generation unit, other than amounts paid or incurred for coal. ``(d) Transfer of Credit.-- ``(1) In general.--With respect to a credit under subsection (a) for any taxable year, a taxpayer may elect to transfer all or any portion of such credit to any eligible project partner as specified in such election and such eligible project partner, not the taxpayer, shall be entitled to claim the credit for such taxable year. ``(2) Election to transfer.--The taxpayer may elect to transfer all or any portion of the credit to an eligible project partner by attaching a statement to the taxpayer's tax return for the taxable year in which the qualified expenses were paid or incurred, providing such information as is necessary for the Secretary to adequately identify the eligible project partner and the amount of the credit being transferred. ``(3) Application to qualified public entities.-- ``(A) In general.--For purposes of this subsection, the term `taxpayer' shall include a qualified public entity. ``(B) Qualified public entity.--The term `qualified public entity' means-- ``(i) a Federal, State, or local government entity, or any political subdivision, agency, or instrumentality thereof, ``(ii) a mutual or cooperative electric company described in section 501(c)(12) or 1381(a)(2), or ``(iii) a not-for-profit electric utility which had or has received a loan or loan guarantee under the Rural Electrification Act of 1936. ``(4) Eligible project partner.--With respect to coal- powered electric generation unit, the term `eligible project partner' means any person who-- ``(A) is responsible for operating, maintaining, or repairing such unit, ``(B) participates in the provision, including transportation, of coal or other materials and supplies to such unit, ``(C) provides financing for the construction, expansion, repair, or operation of such unit, or ``(D) leases such unit. ``(5) Special rules.-- ``(A) Application to partnerships.--In the case of a credit under subsection (a) which is determined at the partnership level, the term `eligible project partner' shall include any partner of the partnership. ``(B) Taxable year in which credit taken into account.--In the case of any credit (or portion thereof) with respect to which an election is made under paragraph (2), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the taxpayer's taxable year with respect to which the credit was determined. ``(C) Treatment of transfer under private use rules.--For purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this subsection shall not be taken into account as a private business use. ``(e) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to any coal-powered electric generation unit, the basis, if any, of such property shall be reduced by the amount of the credit so allowed. ``(f) Termination.--This section shall apply to taxable years beginning after December 31, 2017, and ending before January 1, 2023.''. (b) Conforming Amendment.--Section 501(c)(12)(I) is amended by inserting ``or 45T(d)(1)'' after ``section 45J(e)(I)''. (c) Credit To Be Part of General Business Credit.-- (1) In general.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(38) the coal-powered electric generation unit credit determined under section 45T(a).''. (2) Credit allowed against alternative minimum tax.-- Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended-- (A) by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively; and (B) by inserting after clause (ix) the following new clause: ``(x) the credit determined under section 45T,''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45T. Coal-powered electric generation unit credit.''.

Electricity Reliability and Fuel Security Act This bill amends the Internal Revenue Code to allow a tax credit through 2022 for a portion of the expenses for the operation or maintenance of a coal-powered electric generation unit, excluding expenses for coal. The credit applies to taxpayers who own or lease an electric generation unit that uses coal to produce at least 75% of the electricity produced by the unit. Taxpayers and certain public entities may transfer the credit to an eligible project partner. An "eligible project partner" is a person who: is responsible for operating, maintaining, or repairing the unit; participates in the provision, including transportation, of coal or other materials and supplies to the unit; provides financing for the construction, expansion, repair, or operation of the unit; or leases the unit.

Electricity Reliability and Fuel Security Act

SECTION 1. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY. (a) General Rules.-- (1) Rollover of airline payment amount.--If a qualified airline employee receives any airline payment amount and transfers any portion of such amount to a traditional IRA within 180 days of receipt of such amount (or, if later, within 180 days of the date of the enactment of this Act), then such amount (to the extent so transferred) shall be treated as a rollover contribution described in section 402(c) of the Internal Revenue Code of 1986. A qualified airline employee making such a transfer may exclude from gross income the amount transferred, in the taxable year in which the airline payment amount was paid to the qualified airline employee by the commercial passenger airline carrier. (2) Transfer or amounts attributable to airline payment amount following rollover to roth ira.--A qualified, airline employee who has contributed an airline payment amount to a Roth IRA that is treated as a qualified rollover contribution pursuant to section 125 of the Worker, Retiree, and Employer Recovery Act of 2008, may transfer to a traditional IRA, in a trustee-to-trustee transfer, all or any part of the contribution (together with any net income allocable to such contribution), and the transfer to the traditional IRA will be deemed to have been made at the time of the rollover to the Roth IRA, if such transfer is made within 180 days of the date of the enactment of this Act. A qualified airline employee making such a transfer may exclude from gross income the airline payment amount previously rolled over to the Roth IRA, to the extent an amount attributable to the previous rollover was transferred to a traditional IRA, in the taxable year in which the airline payment amount was paid to the qualified airline employee by the commercial passenger airline carrier. No amount so transferred to a traditional IRA may be treated as a qualified rollover contribution with respect to a Roth IRA within the 5-taxable year period beginning with the taxable year in which such transfer was made. (3) Extension of time to file claim for refund.--A qualified airline employee who excludes an amount from gross income in a prior taxable year under paragraph (1) or (2) may reflect such exclusion in a claim for refund filed within the period of limitation under section 6511(a) of such Code (or, if later, April 15, 2013). (4) Overall limitation on amounts transferred to traditional iras.-- (A) In general.--The aggregate amount of airline payment amounts which may be transferred to 1 or more traditional IRAs under paragraphs (1) and (2) with respect to any qualified employee for any taxable year shall not exceed the excess (if any) of-- (i) 90 percent of the aggregate airline payment amounts received by the qualified airline employee during the taxable year and all preceding taxable years, over (ii) the aggregate amount of such transfers to which paragraphs (1) and (2) applied for all preceding taxable years. (B) Special rules.--For purposes of applying the limitation under subparagraph (A)-- (i) any airline payment amount received by the surviving spouse of any qualified employee, and any amount transferred to a traditional IRA by such spouse under subsection (d), shall be treated as an amount received or transferred by the qualified employee, and (ii) any amount transferred to a traditional IRA which is attributable to net income described in paragraph (2) shall not be taken into account. (5) Covered executives not eligible to make transfers.-- Paragraphs (1) and (2) shall not apply to any transfer by a qualified airline employee (or any transfer authorized under subsection (d) by a surviving spouse of the qualified airline employee) if at any time during the taxable year of the transfer or any preceding taxable year the qualified airline employee held a position described in subparagraph (A) or (B) of section 162(m)(3) with the commercial passenger airline carrier from whom the airline payment amount was received. (b) Treatment of Airline Payment Amounts and Transfers for Employment Taxes.--For purposes of chapter 21 of the Internal Revenue Code of 1986 and section 209 of the Social Security Act, an airline payment 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 excluded from the qualified airline employee's gross income under subsection (a). (c) Definitions and Special Rules.--For purposes of this section-- (1) Airline payment amount.-- (A) In general.--The term ``airline payment 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. The amount of such payment shall be determined without regard to any requirement to deduct and withhold tax from such payment under sections 3102(a) of the Internal Revenue Code of 1986 and 3402(a) of such Code. (B) Exception.--An airline payment 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 2501(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) Traditional ira.--The term ``traditional IRA'' means an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) which is not a Roth IRA. (4) Roth ira.--The term ``Roth IRA'' has the meaning given such term by section 408A(b) of such Code. (d) Surviving Spouse.--If a qualified airline employee died after receiving an airline payment amount, or if an airline payment amount was paid to the surviving spouse of a qualified airline employee in respect of the qualified airline employee, the surviving spouse of the qualified airline employee may take all actions permitted under section 125 of the Worker, Retiree, and Employer Recovery Act of 2008, or under this section, to the same extent that the qualified airline employee could have done had the qualified airline employee survived. (e) Effective Date.--This section shall apply to transfers made after the date of the enactment of this Act with respect to airline payment amounts paid before, on, or after such date.

Allows a current or former employee of a commercial passenger airline who receives a payment of any money or other property payable by an airline pursuant to a court order filed in a bankruptcy case after September 11, 2001, and before January 1, 2007 (airline payment amount), to: (1) make a tax-free rollover of such amount to a traditional individual retirement account (IRA) within 180 days of receipt (or within 180 days of the enactment of this Act, if later); and (2) transfer, without tax penalty, an airline payment amount contributed to a Roth IRA to a traditional IRA if such transfer is made within 180 days after the enactment of this Act. Excludes from the gross income of an airline employee amounts transferred to a traditional IRA under this Act. Imposes a limit on the aggregate amount transferrable to a traditional IRA.

To provide for rollover treatment to traditional IRAs of amounts received in airline carrier bankruptcy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive National Mercury Monitoring Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Mercury is a potent neurotoxin of significant ecological and public health concern. (2) It is estimated that more than 410,000 children born each year in the United States are exposed to levels of mercury in the womb that are high enough to impair neurological development. (3) The Centers for Disease Control and Prevention has found that 6 percent of women in the United States of childbearing age have blood mercury levels in excess of values determined to be safe by the Environmental Protection Agency. (4) Exposure to mercury occurs largely by consumption of contaminated fish. At the same time, fish and shellfish are an important source of dietary protein, and a healthy fishing resource is important to the economy of the United States. (5) Fish and shellfish contain high-quality protein and other essential nutrients, are low in saturated fat, and contain omega-3 fatty acids. A well-balanced diet that includes a variety of fish and shellfish can contribute to heart health and children's proper growth and development. A national mercury monitoring network will provide consistent scientific data on the status of this vital nutritional and commercial resource. (6) In many locations, the primary route for mercury input to aquatic ecosystems is atmospheric emissions, transport, and deposition. Computer models and other assessment tools provide varying effectiveness in predicting mercury concentrations in fish and existing broad-scale data sets are insufficient to test model predictions. (7) As the Federal Government and State governments advance regulations to curb mercury emissions, such regulations should be evaluated by a nationwide monitoring network that can document whether such regulations are effective. SEC. 3. MONITORING PROGRAM. (a) Establishment.-- (1) In general.--The Administrator, in consultation with the heads of applicable Federal agencies, shall establish a long-term national-scale mercury monitoring program to track-- (A) long-term trends in atmospheric mercury concentrations and deposition; and (B) in response to changing mercury emissions over time, mercury levels in-- (i) watersheds and surface waters; and (ii) fish and wildlife in terrestrial, freshwater, and coastal ecosystems. (2) Monitoring sites.-- (A) In general.--Not later than 1 year after the date of enactment of this Act and in coordination the Mercury Monitoring Advisory Committee, the Administrator, in consultation with the heads of the applicable Federal agencies, shall select multiple monitoring sites for the mercury monitoring program established under this section representing different ecoregions of the United States. (B) Locations.--Locations of monitoring sites for the mercury monitoring program established under this section shall include, national parks, national wildlife refuges, national estuarine reserves, and sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. Such monitoring sites shall be co-located with sites from other long-term environmental monitoring programs, as practicable, including sites associated with the National Ecological Observatory Network, Long Term Ecological Research Network, and the National Atmospheric Deposition Program. (3) Monitoring protocols.--Not later than 1 year after the date of enactment of this Act and in coordination with the Mercury Monitoring Advisory Committee, the Administrator shall establish and publish standardized measurement protocols for the mercury monitoring program established under this section, including data assurance and quality standards consistent with standards developed by the Federal Geographic Data Committee for use by Federal agencies and other data gathering entities. (4) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act and in coordination with the Mercury Monitoring Advisory Committee, the Administrator shall establish a centralized database for existing and newly collected environmental mercury data that can be freely accessed online once data assurance and quality standards established by the Administrator under paragraph (3) are met. (b) Air and Watersheds.--The mercury monitoring program established under this section shall monitor long-term changes in mercury levels in air and watersheds at sites selected under subsection (a)(2), including through-- (1) the measurement and recording of wet, and estimation of dry, mercury deposition, mercury flux, and mercury export; (2) the measurement and recording of the level of mercury reemitted from aquatic and terrestrial environments into the atmosphere; and (3) the measurement of sulfur species and ancillary measurements at a portion of the monitoring sites to fully understand the cycling of mercury through the ecosystem. (c) Water and Soil Chemistry.--The mercury monitoring program established under this section shall monitor long-term changes in mercury and methylmercury levels in water and soil at sites selected under subsection (a)(2), including through-- (1) extraction and analysis of sediment cores; (2) measurement and recording of total mercury and methylmercury concentration, and percent methylmercury in surface sediments; (3) measurement and recording of total mercury and methylmercury concentration in surface water; and (4) measurement and recording of total mercury and methylmercury concentrations throughout the water column and sediments. (d) Aquatic and Terrestrial Organisms.--The mercury monitoring program established under this section shall monitor long-term changes in mercury and methylmercury levels in the aquatic and terrestrial organisms at sites selected under subsection (a)(2), including through-- (1) measurement and recording of total mercury and methylmercury concentrations in zooplankton and other invertebrates; (2) measurement and recording of total mercury and methylmercury concentrations in yearling fish; (3) measurement and recording of total mercury and methylmercury concentrations in commercially, recreationally, or conservation relevant fish; (4) measurement and recording of total mercury concentrations in selected insect- and fish-eating birds; and (5) measurement and recording of total mercury concentrations in selected insect- and fish-eating mammals. SEC. 4. ADVISORY COMMITTEE. (a) Establishment.--There is established a scientific advisory committee, to be known as the ``Mercury Monitoring Advisory Committee'', to advise the Administrator and the heads of the applicable Federal agencies on the establishment, site selection, measurement, recording protocols, data integration, standardization protocols, reporting, funding, and operation of the national mercury monitoring program established under this Act. (b) Membership.--The Mercury Monitoring Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. SEC. 5. REPORTS. Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall transmit to Congress a report on the mercury monitoring program established under this Act, including trend data. Once every 4 years, such a report shall include an assessment of the reduction in mercury deposition rates that must be achieved in order to prevent adverse human and ecological effects. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) for fiscal year 2013, $37,000,000; (2) for fiscal year 2014, $29,000,000; and (3) for fiscal year 2015, $29,000,000. SEC. 7. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Applicable federal agency.--The term ``applicable Federal agency'' may include the United States Fish and Wildlife Service, the United States Geological Survey, the National Park Service, the National Oceanic and Atmospheric Administration, and any other Federal agency, bureau, or department the Administrator determines relevant. (3) Ecoregion.--The term ``ecoregion'' means a large, as determined by the Administrator, area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. (4) Mercury export.--The term ``mercury export'' means mercury flux from a watershed to the corresponding water body, or from one water body to another (such as a lake to a river), generally expressed as mass per unit time. (5) Mercury flux.--The term ``mercury flux'' means the rate of transfer of mercury between ecosystem components (such as between water and air), or between portions of ecosystem components, expressed in terms of mass per unit time or mass per unit area per time. (6) Mercury monitoring advisory committee.--The term ``Mercury Monitoring Advisory Committee'' means the Mercury Monitoring Advisory Committee established under section 4. (7) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed or riverbed.

Comprehensive National Mercury Monitoring Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a long-term national-scale mercury monitoring program that monitors long-term changes in: (1) mercury levels in air and watersheds, and (2) mercury and methylmercury levels in water and soil and in aquatic and terrestrial organisms. Requires the Administrator to: (1) select multiple monitoring sites representing different U.S. ecoregions that include national parks, wildlife refuges, national estuarine reserves, and other sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions; (2) establish and publish standardized measurement protocols for the program; and (3) establish a centralized database for environmental mercury data. Establishes a Mercury Monitoring Advisory Committee to advise the Administrator on the establishment, site selection, measurement, recording protocols, data integration, standardization protocols, reporting, funding, and operation of the program. Requires the Administrator to report on the program every two years and include, every four years, an assessment of the reduction in mercury deposition rates that must be achieved in order to prevent adverse human and ecological effects.

To provide for the establishment of a national mercury monitoring program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dr. Martin Luther King, Jr., Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Dr. Martin Luther King, Jr. dedicated his life to securing the Nation's fundamental principles of liberty and justice for all its citizens; (2) Dr. Martin Luther King, Jr. was the leading civil rights advocate of his time, spearheading the civil rights movement in the United States during the 1950's and 1960's; (3) Dr. Martin Luther King, Jr. was the keynote speaker at the August 28, 1963, March on Washington, the largest rally of the civil rights movement, during which, from the steps of the Lincoln Memorial and before a crowd of more than 200,000 people, he delivered his famous ``I Have A Dream'' speech, one of the classic orations in American history; (4) Dr. Martin Luther King, Jr. was a champion of nonviolence, fervently advocated nonviolent resistance as the strategy to end segregation and racial discrimination in America, and was awarded the 1964 Nobel Peace Prize in recognition of his efforts; (5) all Americans should commemorate the legacy of Dr. Martin Luther King, Jr. so ``that one day this Nation will rise up and live out the true meaning of its creed: `We hold these truths to be self-evident; that all men are created equal.'''; and (6) efforts are underway to secure the personal papers of Dr. Martin Luther King, Jr., for the Library of Congress so that they may be preserved and studied for generations to come. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act from all available sources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the human rights legacy and leadership of Dr. Martin Luther King, Jr. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2003''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Librarian of Congress, the Commission of Fine Arts, and the estate of Dr. Martin Luther King, Jr.; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2003. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (c) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Surcharges.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. SEC. 8. DISTRIBUTION OF SURCHARGES. Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Library of Congress for the purposes of purchasing and maintaining historical documents and other materials associated with the life and legacy of Dr. Martin Luther King, Jr.

Mandates that the proceeds from sales surcharges be paid promptly to the Library of Congress to purchase and maintain historical documents and other materials associated with the life and legacy of Dr. King.

Dr. Martin Luther King, Jr., Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defend the American Dream Act of 2007''. SEC. 2. WAGE DETERMINATION. (a) Change in Minimum Wages.--Section 212(n)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to read as follows: ``(A) The employer-- ``(i) is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H-1B nonimmigrant wages that are at least-- ``(I) the locally determined prevailing wage level for the occupational classification in the area of employment; ``(II) the median average wage for all workers in the occupational classification in the area of employment; or ``(III) the median wage for skill level two in the occupational classification found in the most recent Occupational Employment Statistics survey; whichever is greatest, based on the best information available as of the time of filing of the application; and ``(ii) will provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed. The wage determination methodology used under clause (i) shall be submitted with the application.''. (b) Provision of W-2 Forms.--Section 212(n)(1) of such Act (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the following new subparagraph: ``(H) If the employer employed, in such previous period as the Secretary shall specify, one or more H-1B nonimmigrants, the application shall be accompanied by the Internal Revenue Service Form W-2 Wage and Tax Statement filed by the employer with respect to such nonimmigrants for such period.''. (c) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date of the enactment of this Act. SEC. 3. GOOD FAITH RECRUITMENT REQUIREMENT. (a) Extending Time Period for No Displacement.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended-- (1) in paragraph (1)(E)(i), by striking ``90 days'' and inserting ``180 days'' each place it appears; and (2) in paragraph (2)(C)(iii), in the matter before subclause (I), by striking ``90 days'' and inserting ``180 days'' each place it appears. (b) Requiring Active Recruitment.--Section 212(n)(1)(G)(i)(I) of such Act (8 U.S.C. 1182(n)(1)(G)(i)(I)) is amended by inserting ``actively'' before ``recruit''. (c) Prohibition of Outplacement.--Section 212(n) of such Act (8 U.S.C. 1182(n)) is amended-- (1) by amending subparagraph (F) of paragraph (1) to read as follows: ``(F) The employer shall not place, out-source, lease, or otherwise contract for the placement of an alien admitted or provided status as an H-1B nonimmigrant with another employer, regardless of whether or not such other employer is an H-1B- dependent employer.''; and (2) by striking subparagraph (E) of paragraph (2). (d) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date of the enactment of this Act, except that the amendments made by subsection (a) shall not apply to displacements for periods occurring more than 90 days before such date. SEC. 4. H-1B EMPLOYER REQUIREMENTS. (a) Public Listing of Available Positions.-- (1) Listing of available positions.--Section 212(n)(1)(C) of such Act is amended-- (A) in clause (i), by striking ``(i) has provided'' and inserting the following: ``(ii)(I) has provided''; (B) by redesignating clause (ii) as subclause (II); and (C) by inserting before clause (ii), as redesignated, the following: ``(i) has advertised the job availability on the list described in paragraph (6), for at least 30 calendar days; and''. (2) List maintained by the department of labor.--Section 212(n) of such Act, is amended by adding at the end the following: ``(6)(A) Not later than 90 days after the date of the enactment of this paragraph, the Secretary of Labor shall establish a list of available jobs, which shall be publicly accessible without charge-- ``(i) on a website maintained by the Department of Labor, which website shall be searchable by-- ``(I) the name, city, State, and zip code of the employer; ``(II) the date on which the job is expected to begin; ``(III) the title and description of the job; and ``(IV) the State and city (or county) at which the work will be performed; and ``(ii) at each 1-stop center created under the Workforce Investment Act of 1998 (Public Law 105-220). ``(B) Each available job advertised on the list shall include-- ``(i) the employer's full legal name; ``(ii) the address of the employer's principal place of business; ``(iii) the employer's city, State and zip code; ``(iv) the employer's Federal Employer Identification Number; ``(v) the phone number, including area code and extension, as appropriate, of the hiring official or other designated official of the employer; ``(vi) the e-mail address, if available, of the hiring official or other designated official of the employer; ``(vii) the wage rate to be paid for the position and, if the wage rate in the offer is expressed as a range, the bottom of the wage range; ``(viii) whether the rate of pay is expressed on an annual, monthly, biweekly, weekly, or hourly basis; ``(ix) a statement of the expected hours per week that the job will require; ``(x) the date on which the job is expected to begin; ``(xi) the date on which the job is expected to end, if applicable; ``(xii) the number of persons expected to be employed for the job; ``(xiii) the job title; ``(xiv) the job description; ``(xv) the city and State of the physical location at which the work will be performed; and ``(xvi) a description of a process by which a United States worker may submit an application to be considered for the job. ``(C) The Secretary of Labor may charge a nominal filing fee to employers who advertise available jobs on the list established under this paragraph to cover expenses for establishing and administering the requirements under this paragraph. ``(D) The Secretary may promulgate rules, after notice and a period for comment-- ``(i) to carry out the requirements of this paragraph; and ``(ii) that require employers to provide other information in order to advertise available jobs on the list.''. (3) Effective date.--Paragraph (1) shall take effect for applications filed at least 30 days after the creation of the list described in paragraph (2). (b) H-1B Nonimmigrants Not Admitted for Jobs Advertised or Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of such Act, as amended by this Act, is further amended-- (1) by inserting after subparagraph (H) the following: ``(I)(i) The employer has not advertised the available jobs specified in the application in an advertisement that states or indicates that-- ``(I) the job or jobs are only available to persons who are or who may become H-1B nonimmigrants; or ``(II) persons who are or who may become H-1B nonimmigrants shall receive priority or a preference in the hiring process. ``(ii) The employer has not only recruited persons who are, or who may become, H-1B nonimmigrants to fill the job or jobs.''; and (2) in the undesignated paragraph at the end, by striking ``The employer'' and inserting the following: ``(J) The employer''. (c) Limit on Percentage of H-1B Employees.--Section 212(n)(1) of such Act, as amended by this section, is further amended by inserting after subparagraph (J) the following: ``(K) If the employer employs not less than 50 employees in the United States, not more than 50 percent of such employees are H-1B nonimmigrants.''. (d) Immigration Documents.--Section 204 of such Act (8 U.S.C. 1154) is amended by adding at the end the following: ``(l) Employer To Share All Immigration Paperwork Exchanged With Federal Agencies.--Not later than 10 working days after receiving a written request from a former, current, or future employee or beneficiary, an employer shall provide the employee or beneficiary with the original (or a certified copy of the original) of all petitions, notices, and other written communication exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency that is related to an immigrant or nonimmigrant petition filed by the employer for the employee or beneficiary.''. SEC. 5. REMOVAL OF EXEMPTION FROM H-1B NUMERICAL LIMITATION FOR CERTAIN ALIENS. (a) In General.--Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended-- (1) in subparagraph (A), by adding ``or'' after the semicolon; (2) in subparagraph (B), by striking ``; or'' and inserting a period; and (3) by striking subparagraph (C). (b) Effective Date.--The amendments made by subsection (a) shall apply to the issuance of a visa (or other provision of status) under section 101(a)(15)(H)(i)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(B)) on or after the first day of the first fiscal year beginning after the date of the enactment of this Act. SEC. 6. REQUIREMENT OF A DEGREE FROM CERTAIN INSTITUTIONS FOR H-1B SPECIALITY OCCUPATION NONIMMIGRANTS. (a) In General.--Section 214(i)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(i)(2)) is amended-- (1) in subparagraph (A), by adding ``or'' at the end; (2) in subparagraph (B), by inserting ``, from a bona fide educational institution in the United States or from an educational institution that is at least equivalent to such an institution in the United States,'' after ``paragraph (1)(B)''; (3) in subparagraph (B), by striking ``, or'' and inserting a period; and (4) by striking subparagraph (C). (b) Effective Date.--The amendments made by subsection (a) shall apply to applications filed on or after the date of the enactment of this Act. SEC. 7. LABOR ENFORCEMENT. (a) Centralization of Administrative and Enforcement Functions.-- Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended by adding at the end the following new subparagraph: ``(J) The Secretary shall be responsible under this paragraph for investigations of wage complaints, as well as investigations of allegations of fraud in the filing of applications under this subsection.''. (b) Audits.--Section 212(n)(2)(A) of such Act (8 U.S.C. 1182(n)(2)(A)) is amended by adding at the end the following: ``In addition, the Secretary may conduct surveys of the level of compliance by employers with the provisions and requirements of this subsection and may conduct annual compliance audits in the case of employers that employ H-1B nonimmigrants. In the case of an employer that employs H-1B nonimmigrants that represent 15 percent or more of the total number of individuals employed by the employer, the Secretary shall conduct annual compliance audits of such employer.''. (c) Penalties.--Section 212(n)(2)(C) of such Act is amended-- (1) in clause (i)(I), by striking ``$1,000'' and inserting ``$2,000''; (2) in clause (ii)(I), by striking ``$5,000'' and inserting ``$10,000''; and (3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''. SEC. 8. WHISTLEBLOWER PROTECTIONS. Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is amended-- (1) by inserting ``take, fail to take, or threaten to take or fail to take, a personnel action, or'' before ``to intimidate''; and (2) by adding at the end the following: ``An employer that violates this clause shall be liable to the employees harmed by such violation for lost wages and benefits.''. SEC. 9. APPLICATION OF NONDISPLACEMENT REQUIREMENT TO ALL H-1B EMPLOYERS. (a) In General.--Section 212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``an H-1B dependent employer (as defined in paragraph (3))'' and inserting ``an employer that employs H-1B nonimmigrants''. (b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date of the enactment of this Act.

Defend the American Dream Act of 2007 - Amends the Immigration and Nationality Act to require employers of H-1B (specialty occupations) nonimmigrants to use one of three specified methods (whichever results in the highest wages) to determine wages for purposes of required wage attestations. Requires such employers who previously employed one or more H-1B nonimmigrants to submit with their labor condition application (LCA) a copy of the W-2 Wage and Tax Statement filed with respect to those nonimmigrants. Extends to 180 days the period during which certain H-1B employers must show nondisplacement of U.S. workers. Requires such employers to actively engage in recruitment efforts. Prohibits such employers from outsourcing or otherwise contracting for the placement of an H-1B nonimmigrant with another employer, regardless of whether the other employer is H-1B dependent employer. Revises H-1B employer requirements with respect to: (1) job advertising on a free Department of Labor website (as required under this Act); (2) information sharing; (3) prohibiting H-1B-exclusive employment advertising; and (4) prohibiting an employer of not less than 50 employees in the United States from having more than 50% H-1B nonimmigrant employees. Eliminates the exemption from H-1B numerical admission limitations for certain aliens with a US master's or higher degree. Revises the H-1B definition of "specialty occupation." Requires the Secretary of Labor to be responsible for investigations of wage complaints and allegations of fraud in the filing of LCAs. Increases monetary penalties for LCA violations. Applies the nondisplacement requirement to all H-1B employers. Provides H-1B alien whistleblower protections.

To amend the Immigration and Nationality Act to provide greater protections to domestic and foreign workers under the H-1B nonimmigrant worker program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Investment Tax Relief Act of 2004''. SEC. 2. EXCLUSION FOR GAIN FROM STOCK OF SMALL, PUBLICLY TRADED COMPANIES. (a) In General.--Part 1 of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by inserting after section 1202 the following new section: ``SEC. 1203. EXCLUSION FOR GAIN FROM STOCK OF SMALL, PUBLICLY TRADED COMPANIES. ``(a) General Rule.--In the case of a taxpayer other than a corporation, gross income shall not include any gain from the sale or exchange of section 1203 stock held for more than 1 year. ``(b) Limitation.--The amount excluded under subsection (a) for a taxable year may not exceed $100,000 ($50,000 in the case of a separate return by a married individual). ``(c) 1203 Stock.--For purposes of subsection (a), the term `1203 stock' means any stock-- ``(1) in a C corporation which is acquired after the date of the enactment of this section if-- ``(A) as of the date of acquisition, such corporation is a qualified small business, and ``(B) except as provided in subsection (e), such stock is acquired-- ``(i) in exchange for money or other property, or ``(ii) as compensation for services provided to such corporation (other than services performed as an underwriter of such stock), and ``(2) which, at the time of sale or exchange giving rise to gain to be excluded under subsection (a), is publicly traded on any established domestic national or regional stock exchange or stock market, the Over the Counter Bulletin Board, or the National Quotation Bureau. For purposes of the preceding sentence, rules similar to the rules of section 1202(c)(3) shall apply. ``(d) Qualified Small Business.--For purposes of this section-- ``(1) In general.--The term `qualified small business' means any domestic corporation which is a C corporation if the market capitalization of such corporation (or any predecessor thereof), determined with respect to the date of acquisition of stock, is not more than $150,000,000. ``(2) Determination of market capitalization.--For purposes of paragraph (1), market capitalization, with respect to the date of acquisition of stock, shall be-- ``(A) the amount equal to-- ``(i) the closing price of a share of stock in the corporation as of the end of the reporting period ending immediately before such date of acquisition, multiplied by ``(ii) the number of outstanding shares of such stock in the corporation as of the end of such period, or ``(B) in the case that subparagraph (A) does not apply, determined (by taking into account all facts and circumstances) on the basis of the most recent amounts paid for each class of stock in the corporation outstanding on the date of the acquisition of the 1203 stock. ``(3) Reporting period.--For purposes of paragraph (2), the term `reporting period' means the period for which the most recent annual or quarterly report is required to be filed with the Securities and Exchange Commission under section 13(a)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)(2), 78o(d)) or periodic information required under section 15(d) of such Act (15 U.S.C. 78o(d)), as the case may be. ``(4) Aggregation rules.--For purposes of paragraph (1), rules similar to the rules of section 1202(d)(3) shall apply. ``(e) Additional Rules.-- ``(1) In general.--For purposes of this section, rules similar to the rules of subsections (f), (g), (h), (i), (j), and (k) of section 1202 shall apply, except that subsection (j)(1)(A) of section 1202 shall be applied by substituting `1 year' for `5 years'. ``(2) Qualified small business stock.--Sales and exchanges taken into account under section 1202 shall not be taken into account under this section.''. (b) Conforming Amendments.-- (1) The first sentence of section 642(c)(4) of such Code is amended-- (A) by inserting ``or 1203(a)'' after ``1202(a)'', and (B) by inserting ``or 1203, as the case may be'' before the period at the end. (2) Section 643(a)(3) of such Code is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (3) Section 691(c)(4) of such Code is amended by inserting ``1203,'' after ``1202,''. (4) Section 871(a)(2) of such Code is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (5) The second sentence of section 1044(d) of such Code is amended by inserting ``or 1203'' before the period at the end. (6) Section 1202(b) of such Code is amended by inserting at the end the following new subsection: ``(4) Section 1203 stock.--Sales and exchanges taken into account under section 1203 shall not be taken into account under this section.''. (c) Clerical Amendment.--The table of sections for part 1 of subchapter P of chapter 1 of such Code is amended by inserting after the item relating to section 1202 the following new item: ``Sec. 1203. Exclusion for gain from stock of small, publicly traded companies.''. (d) Effective Date.--The amendments made by this section shall apply to securities acquired after the date of the enactment of this Act.

Small Investment Tax Relief Act of 2004 - Amends the Internal Revenue Code to allow a noncorporate taxpayer a tax exclusion for up to $100,000 of the gain from the sale of exchange of certain publicly traded small business stock held for more than one year.

To amend the Internal Revenue Code of 1986 to encourage investment in small companies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned Mine Lands Reclamation Reform Act of 2005''. SEC. 2. AMENDMENTS TO SURFACE MINING ACT. (a) Amendments to Section 401.--(1) Section 401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is amended as follows: (A) In subsection (c) by striking paragraphs (2) and (6) and redesignating paragraphs (3) through (13) in order as paragraphs (2) through (11). (B) In subsection (e)-- (i) in the second sentence, by striking ``the needs of such fund'' and inserting ``achieving the purposes of the transfers under section 402(h)''; and (ii) in the third sentence, by inserting before the period the following: ``for the purpose of the transfers under section 402(h).''. (2) Section 712(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1302(b)) is amended by striking ``section 401(c)(11)'' and inserting ``section 401(c)(9)''. (b) Amendments to Section 402.--Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended as follows: (1) In subsection (a)-- (A) by striking ``35'' and inserting ``28''; (B) by striking ``15'' and inserting ``12''; and (C) by striking ``10 cents'' and inserting ``8 cents''. (2) In subsection (b) by striking ``June 30, 2005'' and all that follows through the end of the sentence and inserting ``September 30, 2020.''. (3) In subsection (g)(1)(D) by striking ``in any area under paragraph (2), (3), (4), or (5)'' and inserting ``under paragraph (5)''. (4) Subsection (g)(2) is amended to read as follows: ``(2) In making the grants referred to in paragraph (1)(C) and the grants referred to in paragraph (5), the Secretary shall ensure strict compliance by the States and Indian tribes with the priorities set forth in section 403(a) until a certification is made under section 411(a).''. (5) In subsection (g)(3)-- (A) in the matter preceding subparagraph (A) by striking ``paragraphs (2) and'' and inserting ``paragraph''; (B) in subparagraph (A) by striking ``401(c)(11)'' and inserting ``401(c)(9)''; and (C) by adding at the end the following: ``(E) For the purpose of paragraph (8).''. (6) In subsection (g)(5)-- (A) by inserting ``(A)'' before the first sentence; (B) in the first sentence by striking ``40'' and inserting ``60''; (C) in the last sentence by striking ``Funds allocated or expended by the Secretary under paragraphs (2), (3), or (4),'' and inserting ``Funds made available under paragraph (3) or (4)''; and (D) by adding at the end the following: ``(B) Any amount that is reallocated and available under section 411(h)(3) shall be in addition to amounts that are allocated under subparagraph (A).''. (7) Subsection (g)(6) is amended to read as follows: ``(6)(A) Any State with an approved abandoned mine reclamation program pursuant to section 405 may receive and retain, without regard to the 3-year limitation referred to in paragraph (1)(D), up to 10 percent of the total of the grants made annually to such State under paragraphs (1) and (5) if such amounts are deposited into an acid mine drainage abatement and treatment fund established under State law, from which amounts (together with all interest earned on such amounts) are expended by the State for the abatement of the causes and the treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units affected by coal mining practices. ``(B) For the purposes of this paragraph, the term `qualified hydrologic unit' means a hydrologic unit-- ``(i) in which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner that adversely impacts biological resources; and ``(ii) that contains lands and waters that are-- ``(I) eligible pursuant to section 404 and include any of the priorities set forth in section 403(a); and ``(II) the subject of expenditures by the State from the forfeiture of bonds required under section 509 or from other States sources to abate and treat acid mine drainage.''. (8) Subsection (g)(7) is amended to read as follows: ``(7) In complying with the priorities set forth in section 403(a), any State or Indian tribe may use amounts available in grants made annually to such State or tribe under paragraphs (1) and (5) for the reclamation of eligible lands and waters set forth in section 403(a)(3) prior to the completion of reclamation projects under paragraphs (1) and (2) of section 403(a) only if the expenditure of funds for such reclamation is done in conjunction with the expenditure of funds for reclamation projects under paragraphs (1) and (2) of section 403(a).''. (9) Subsection (g)(8) is amended to read as follows: ``(8) In making the grants referred to in paragraph (1)(C), the Secretary, using amounts allocated to a State or Indian tribe under subparagraphs (A) or (B) of paragraph (1) or as necessary amounts available to the Secretary under paragraph (3), shall assure total grant awards of not less than $2,000,000 annually to each State and each Indian tribe. Notwithstanding any other provision of law, this paragraph applies to the State of Tennessee.''. (c) Amendments to Section 403.--Section 403 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)) is amended as follows: (1) In subsection (a)-- (A) in paragraph (1) by striking ``general welfare,''; (B) in paragraph (2) by striking ``health, safety, and general welfare'' and inserting ``health and safety'', and inserting ``and'' after the semicolon at the end; (C) in paragraph (3) by striking the semicolon at the end and inserting a period; and (D) by striking paragraphs (4) and (5). (2) In subsection (b)-- (A) by striking the heading and inserting ``Water Supply Restoration.--''; and (B) in paragraph (1) by striking ``up to 30 percent of the''. (3) In subsection (c) by inserting ``, subject to the approval of the Secretary,'' after ``amendments''. (d) Amendment to Section 406.--Section 406(h) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236(h)) is amended by striking ``Soil Conservation Service'' and inserting ``Natural Resources Conservation Service''. (e) Further Amendment to Section 406.--Section 406 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236) is amended by adding at the end the following: ``(i) There is authorized to be appropriated to the Secretary of Agriculture, from amounts in the Treasury other than amounts in the fund, such sums as may be necessary to carry out this section.''. (f) Amendment to Section 408.--Section 408(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1238) is amended by striking ``who owned the surface prior to May 2, 1977, and''. (g) Amendments to Section 411.--Section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a) is amended as follows: (1) In subsection (a) by inserting ``(1)'' before the first sentence, and by adding at the end the following: ``(2) The Secretary may, on the Secretary's own volition, make the certification referred to in paragraph (1) on behalf of any State or Indian tribe referred to in paragraph (1) if on the basis of the inventory referred to in section 403(c) all reclamation projects relating to the priorities set forth in section 403(a) for eligible lands and water pursuant to section 404 in such State or tribe have been completed. The Secretary shall only make such certification after notice in the Federal Register and opportunity for public comment.''. (2) By adding at the end the following: ``(h) State Share for Certain Certified States.--(1)(A) From moneys referred to in subsection (a) of section 35 of the Mineral Leasing Act (30 U.S.C. 191(a)) that are paid into the Treasury after the date of the enactment of this subsection and that are not paid to States under section 35 of the Mineral Leasing Act or reserved as part of the reclamation fund under such section, the Secretary shall pay to each qualified State, on a proportional basis, an amount equal to the sum of the aggregate unappropriated amount allocated to such qualified State under section 402(g)(1)(A). ``(B) In this paragraph the term `qualified State' means a State for which a certification is made under subsection (a) and in which there are public domain lands available for leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.) ``(2) Payments to States under this subsection shall be made, without regard to any limitation in section 401(d), in the same manner as if paid under section 35 of the Mineral Leasing Act (30 U.S.C. 191) and concurrently with payments to States under that section. ``(3) The amount allocated to any State under section 402(g)(1)(A) that is paid to such State as a result of a payment under paragraph (1) of this subsection shall be reallocated and available for grants under section 402(g)(5).''. (h) Extension of Limitation on Application of Prohibition on Issuance of Permit.--Section 510(e) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended by striking ``2004'' and inserting ``2020''. SEC. 3. TRANSFERS OF INTEREST EARNED BY ABANDONED MINE RECLAMATION FUND. Section 402(h) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)) is amended to read as follows: ``(h) Transfers of Interest Earned by Fund.-- ``(1) In general.--The Secretary shall, as of the beginning of each fiscal year beginning on or after October 1, 2005, and before making any allocation with respect to the fiscal year under subsection (g), use an amount not to exceed the amount of interest that the Secretary estimates will be earned and paid to the fund during the fiscal year to make the transfers described in paragraph (2). ``(2) Transfers described.--The transfers referred to in paragraph (1) are the following: ``(A) United mine workers of america combined benefit fund.--A transfer to the United Mine Workers of America Combined Benefit Fund, in an amount equal to the difference between-- ``(i) the amount that the trustees of the Combined Benefit Fund estimate will be expended from the premium accounts maintained by the Combined Benefit Fund for the fiscal year of the fund in which the transfer is made; minus ``(ii) the amount the trustees of the Combined Benefit Fund estimate the Combined Benefit Fund will receive during such fiscal year in required health benefit premiums. ``(B) United mine workers of america 1992 benefit plan.--A transfer to the United Mine Workers of America 1992 Benefit Plan, in an amount equal to the difference between-- ``(i) the amount that the trustees of the 1992 Benefit Plan estimate will be expended from the 1992 Benefit Plan during the next calendar year to provide the benefits required by the 1992 Benefit Plan on the date of enactment of this subparagraph; minus ``(ii) the amount that the trustees of the 1992 Benefit Plan estimate the 1992 Benefit Plan will receive during such calendar year in required monthly per beneficiary premiums, including the amount of any security provided to the 1992 Benefit Plan that is available for use in the provision of benefits. ``(C) Multiemployer health benefit plan.--A transfer to the multiemployer health benefit plan established after July 20, 1992, by the parties that are the settlors of the 1992 Benefit Plan referred to in subparagraph (B), in an amount equal to the difference between-- ``(i) the amount that the trustees of the multiemployer health benefit plan estimate will be expended from such plan during the next calendar year, to provide benefits no greater than those provided by such plan on the date of enactment of this subparagraph; minus ``(ii) the amount of income that such trustees estimate such plan will receive during such calendar year. ``(3) Adjustment.--If, for any fiscal year, the amount of a transfer under subparagraph (A), (B), or (C) of paragraph (2) is more or less than the amount required to be transferred under that subparagraph, the Secretary shall appropriately adjust the amount transferred under that subparagraph for the next fiscal year. ``(4) Additional amounts.-- ``(A) Previously credited interest.-- Notwithstanding any other provision of law, any interest credited to the fund that has not previously been transferred to the Combined Benefit Fund referred to in paragraph (2)(A) under this section shall be used-- ``(i) to transfer to the Combined Benefit Fund such amounts as are estimated by the trustees of the Combined Benefit Fund to offset the amount of any deficit in net assets in the Combined Benefit Fund; and ``(ii) to the extent any such interest remains after the transfer under clause (i), to make the transfers described in subparagraphs (A), (B), and (C) of paragraph (2). ``(B) Previously allocated amounts.--All amounts allocated under subsection (g)(2), including interest, before the date of enactment of this subparagraph for the program set forth under section 406, but not appropriated prior to such date, shall be available to the Secretary to make the transfers described in paragraph (2). ``(5) Limitations.-- ``(A) Availability of funds for next fiscal year.-- The Secretary may make transfers under subparagraphs (B) and (C) of paragraph (2) for a fiscal year only if the Secretary determines, using actuarial projections provided by the trustees of the Combined Benefit Fund referred to in paragraph (2)(A), that amounts will be available under paragraph (1), after such transfer, for the next fiscal year for making the transfer under paragraph (2)(A). ``(B) Rate of contributions of obligors.--A transfer under paragraph (2)(C) shall not be made for a fiscal year unless the persons that are obligated to contribute to the plan referred to in paragraph (2)(C) on the date of the transfer are obligated to make such contributions at rates that are no less than those in effect on the date of enactment of this subparagraph. ``(C) Number of eligible beneficiaries.--Transfers under paragraph (2)(C) shall not exceed the amount required to provide benefits required by the plan referred to in paragraph (2)(C) to the number of eligible beneficiaries under such plan as of December 31, 2005.''. SEC. 4. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT. (a) Transition Rules.--(1) Amounts allocated under section 402(g)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) (excluding interest) prior to the date of enactment of this Act for the program set forth under section 406 of that Act (30 U.S.C. 1236), but not appropriated prior to such date, shall be available in fiscal year 2005 and thereafter for the transfers referred to in section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by this Act, in the same manner as are other amounts available for such transfers. (2) Notwithstanding any other provision of law, interest credited to the fund established by section 401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) that is not transferred to the Combined Benefit Fund referred to in section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by this Act, prior to the date of enactment of this Act shall be available in fiscal year 2005 and thereafter for the transfers referred to in section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by this Act, in the same manner as are other amounts available for such transfers. (b) Inventory.--Within one year after the date of enactment of this Act, the Secretary of the Interior shall complete a review of all additions made, pursuant to amendments offered by States and Indian tribes after December 31, 1998, to the inventory referred to in section 403(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)) to ensure that such additions reflect eligible lands and waters pursuant to section 404 of such Act (30 U.S.C. 1234) that meet the priorities set forth in paragraphs (1) and (2) of section 403(a) of such Act (30 U.S.C. 1233(a) (1) and (2)), and are correctly identified pursuant to such priorities. Any lands or waters that were included in the inventory pursuant to the general welfare standard set forth in section 403(a) of such Act (30 U.S.C. 1233(a)) before the date of enactment of this Act that are determined in the review to no longer meet the criteria set forth in paragraphs (1) and (2) of section 403(a) of such Act, as amended by this Act, shall be removed from the inventory.

Abandoned Mine Lands Reclamation Reform Act of 2005 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal the authorization that certain moneys in the Abandoned Mine Reclamation Fund may be used: (1) by the Secretary of Agriculture for reclamation of rural lands; and (2) by the Department of the Interior for studies by contract with organizations for advice and research and development projects technical assistance. Reduces the reclamation fee required to be paid by operators of coal mining operations. Revises Fund allocation requirements with respect to reclamation fees. Repeals Fund objectives concerning: (1) protection , construction, or enhancement of public facilities affected by coal mining practices; and (2) development of publicly owned land adversely affected by coal mining practices, including land acquired for recreation and historic purposes, conservation, reclamation, and open space. Expands certification guidelines to prescribe payments to: (1) qualified States and Indian tribes; and (2) non-qualified States and Indian tribes. Prescribes procedural guidelines for transfers of interest earned by the Fund to: (1) the United Mine Workers of America Combined Benefit Fund; (2) the United Mine Workers of America 1992 Benefit Plan; and (3) a specified multiemployer health benefit plan.

To amend the Surface Mining Control and Reclamation Act of 1977 to reauthorize and reform the Abandoned Mine Reclamation Program, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Uniformed Services Medicare Subvention Demonstration Project Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Establishment of demonstration project. Sec. 4. Determination of reimbursement amounts. Sec. 5. Reporting requirements. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Medicare-eligible covered military beneficiary.--The term ``medicare-eligible covered military beneficiary'' means a beneficiary under chapter 55 of title 10, United States Code, who-- (A) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); (B) is enrolled in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.); and (C) resides within a geographic area designated under section 3(b) as a location for the demonstration project. (2) TRICARE program.--The term ``TRICARE program'' means the managed health care program that is established by the Secretary of Defense under the authority of chapter 55 of title 10, United States Code, principally section 1097 of such title, and includes the competitive selection of contractors to financially underwrite the delivery of health care services under the Civilian Health and Medical Program of the Uniformed Services. (3) Demonstration project.--The term ``demonstration project'' means the uniformed services medicare subvention demonstration project established under section 3. (4) Secretaries.--The term ``Secretaries'' means the Secretary of Defense and the Secretary of Health and Human Services acting jointly, except that in section 6, the term means the Secretary of Veterans Affairs and the Secretary of Health and Human Services acting jointly. SEC. 3. ESTABLISHMENT OF DEMONSTRATION PROJECT. (a) Establishment Required.--The Secretary of Defense and the Secretary of Health and Human Services shall jointly establish a demonstration project to provide the Department of Defense with reimbursement, in accordance with section 4, from the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for health care services provided to medicare-eligible covered military beneficiaries who enroll in the demonstration project and receive the health care services through the managed care option of the TRICARE program. (b) Location of Project.--The Secretaries shall conduct the demonstration project in not more than five geographic areas of the United States designated by the Secretaries. (c) Duration.--The Secretaries shall conduct the demonstration project during the three-year period beginning on January 1, 1998. (d) Voluntary Enrollment; Effect of Enrollment.--Enrollment of medicare-eligible covered military beneficiaries in the demonstration project shall be voluntary, subject to the capacity and funding limitations specified in section 4. In the case of a medicare-eligible covered military beneficiary who enrolls in the demonstration project, payments may not be made under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) other than for health care services provided through the demonstration project, except that the Secretaries may provide exceptions for emergencies or other situations as the Secretaries consider appropriate. (e) TRICARE Program Enrollment Fee Waiver.--The Secretary of Defense shall waive the enrollment fee applicable to any medicare- eligible covered military beneficiary enrolled in the managed care option of the TRICARE program for whom reimbursement may be made under section 4. (f) Modification of TRICARE Contracts.--In carrying out the demonstration project, the Secretary of Defense may amend existing TRICARE program contracts to incorporate provisions applicable to medicare-eligible covered military beneficiaries enrolled in the demonstration project. (g) Cost Sharing.--The Secretary of Defense may establish cost sharing requirements for medicare-eligible covered military beneficiaries who enroll in the demonstration project. (h) Expansion of Demonstration Project.--The Secretaries shall include in the demonstration project a provision for expanding the demonstration project to incorporate health care services provided to medicare-eligible covered military beneficiaries under the fee-for- service options of the TRICARE program if, in the report submitted under section 713 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-106; 110 Stat. 2591), the Secretaries determined that such expansion of the demonstration project is feasible and advisable. SEC. 4. DETERMINATION OF REIMBURSEMENT AMOUNTS. (a) Reimbursement of Department of Defense.-- (1) Basis of payments.--Monthly payments to the Department of Defense under the demonstration project from the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) shall be made on the basis that payments are made under section 1876(a) of such Act (42 U.S.C. 1395mm(a)). (2) Amount of payments.--Subject to subsection (c), the Secretary of Health and Human Services shall make payments to the Department of Defense from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (allocated by the Secretary of Health and Human Services between each trust fund based on the relative weight that each trust fund contributes to the required payment) at a per capita rate equal to 93 percent of the applicable adjusted average per capita cost for each medicare-eligible covered military beneficiary enrolled in the demonstration project in excess of the number of such beneficiaries calculated under subsection (b)(4) for the Department of Defense maintenance of health care effort. (b) Maintenance of Defense Health Care Effort.-- (1) Maintenance of effort required.--The Secretary of Defense shall maintain the Department of Defense health care efforts for medicare-eligible covered military beneficiaries so as to avoid the imposition on the medicare program of the costs of health care that medicare-eligible covered military beneficiaries would be expected to receive from the Department of Defense in the absence of the demonstration project. (2) Estimate of prior effort.--The Secretaries shall estimate the amount expended by the Department of Defense for fiscal year 1997 for providing health care items and services (other than pharmaceuticals provided to outpatients) to medicare-eligible covered military beneficiaries. Such amount shall be adjusted for inflation after the first year of the demonstration project, for differences between estimated and actual amounts expended, and for changes in the Department of Defense health care budget that exceed $100,000,000. (3) Distribution of effort.--The amount determined and adjusted under paragraph (2) shall be divided into a portion devoted to providing health care services to medicare-eligible covered military beneficiaries who do not enroll in the demonstration project (which of the total amount may not exceed 70 percent in the first year, 60 percent in the second year, and 50 percent in the third year) and a portion devoted to medicare-eligible covered military beneficiaries who are enrolled in the demonstration project. (4) Target for defense effort.--The Secretaries shall establish monthly targets for the number of medicare-eligible covered military beneficiaries enrolled in the demonstration project necessary to meet the maintenance of effort portion devoted to such beneficiaries under paragraph (3). (c) Annual Limit on Use of Medicare Funds.--Annual medicare payments to the Department of Defense under subsection (a) for the demonstration project may not exceed $65,000,000. (d) Protection of Medicare Program Against Increased Costs.-- (1) Purpose.--The purpose of this subsection is to protect the medicare program against costs incurred in connection with the provision of health care services to medicare-eligible covered military beneficiaries enrolled in the demonstration project that would not have been incurred by the medicare program in the absence of the reimbursement requirement under subsection (a). (2) Additional protections.--If the Secretaries determine that the trust funds under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) still incur excess costs as a result of the demonstration project, the Secretaries shall take such steps as may be necessary to offset those excess costs (and prevent future excess costs), including suspension or termination of the demonstration project or adjustment of the payment rate under subsection (a)(2). (e) Review by Comptroller General.--Not later than December 31 of each year in which the demonstration project is conducted, the Comptroller General shall determine and submit to the Secretaries and Congress a report on the extent, if any, to which the costs of the Secretary of Defense under the TRICARE program and the costs of the Secretary of Health and Human Services under the medicare program have increased as a result of the project. (f) Demonstration Project Adjustments Following Review.--Based on the review prepared under subsection (e), the Secretaries shall modify the demonstration project at the end of each year as provided in subsection (d)(2) to correct for any discrepancy between cost targets and actual spending under the demonstration project. The Secretaries shall provide for an annual reconciliation of payments to ensure that actual costs incurred by the Secretary of Defense to provide health care services to medicare-eligible covered military beneficiaries, exclusive of payments from the Secretary of Health and Human Services under subsection (a), met the maintenance of effort requirements under subsection (b). SEC. 5. REPORTING REQUIREMENTS. Not later than 15 months after the establishment of the demonstration project, and then not later than 90 days after the end of the demonstration project, the Secretaries shall submit to Congress a report containing the following: (1) The number of medicare-eligible covered military beneficiaries enrolling in the demonstration project instead of receiving health benefits through another health insurance plan (including through the medicare program). (2) An analysis of whether, and in what manner, easier access to the military treatment system affects the number of medicare-eligible covered military beneficiaries receiving health benefits under the medicare program. (3) A list of the health insurance plans and programs that were the primary payers for medicare-eligible covered military beneficiaries during the year prior to their enrollment in the demonstration project and the distribution of their previous enrollment in such plans and programs. (4) An identification of cost-shifting (if any) among medical care programs as a result of the demonstration project and a description of the nature of any such cost-shifting. (5) An analysis of how the demonstration project affects the overall accessibility of the military treatment system and the amount of space available for point-of-service care and a description of the unintended effects (if any) upon the normal treatment priority system. (6) A description of the difficulties (if any) experienced by the Department of Defense in managing the demonstration project. (7) A description of the effects of the demonstration project on military treatment facility readiness and training and the probable effects of the project on overall Department of Defense medical readiness and training. (8) A description of the effects that the demonstration project, if permanent, would be expected to have on the overall budget of the military health care system and the budgets of individual military treatment facilities. (9) An analysis of whether the demonstration project affects the cost to the Department of Defense of prescription drugs or the accessibility, availability, and cost of such drugs to program beneficiaries.

Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided to Medicare-eligible covered military beneficiaries who participate in the project and receive such services through the managed care option of the TRICARE program (a DOD managed health care program). Requires the project to be conducted during the three-year period beginning on January 1, 1998, in no more than five geographic regions designated by the Secretaries. Makes project enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for project participants for whom Medicare reimbursement may be made. Requires inclusion in the project of a provision for expansion to incorporate health care services provided to such beneficiaries under the fee-for-services options of the TRICARE program if the Secretaries determine that such expansion is feasible and advisable. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain the DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets for the number of such beneficiaries enrolled in the project necessary to meet DOD maintenance of health care efforts for such individuals. Limits to $65 million the annual payments to DOD for the project. Requires the Comptroller General, for each project year, to submit to the Secretaries and the Congress a report on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the project. Directs the Secretaries to modify the project at the end of each year to correct for any discrepancy between cost targets and actual spending under the project. Directs the Secretaries to submit to the Congress an interim and final report on various project aspects.

Uniformed Services Medicare Subvention Demonstration Project Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Red River Private Property Protection Act''. SEC. 2. DISCLAIMER AND OUTDATED SURVEYS. (a) In General.--The Secretary disclaims any right, title, and interest to the land located south of the South Bank boundary line in the affected area. (b) Clarification of Prior Surveys.--Surveys conducted by the Bureau of Land Management before the date of the enactment of this Act shall have no force or effect in determining the South Bank boundary line. SEC. 3. SURVEY OF SOUTH BANK BOUNDARY LINE. (a) Survey Required.--To identify the South Bank boundary line in the affected area, the Secretary shall commission a survey. The survey shall-- (1) adhere to the gradient boundary survey method; (2) span the entire length of the affected area; (3) be conducted by Licensed State Land Surveyors chosen by the Texas General Land Office, in consultation with the Oklahoma Commissioners of the Land Office and each affected federally recognized Indian tribe; (4) be completed not later than 2 years after the date of the enactment of this Act; and (5) not be submitted to the Bureau of Land Management for approval. (b) Approval of the Survey.--After the survey is completed, the Secretary shall submit the survey to be approved by the Texas General Land Office, in consultation with the Oklahoma Commissioners of the Land Office and each affected federally recognized Indian tribe. (c) Surveys of Individual Parcels.-- (1) In general.--Parcels surveyed as required by this section shall be surveyed and approved on an individual basis by the Texas General Land Office, in consultation with the Oklahoma Commissioners of the Land Office and each affected federally recognized Indian tribe. (2) Surveys of individual parcels not submitted to the bureau of land management.--Surveys of individual parcels shall not be submitted to the Bureau of Land Management for approval. (d) Notice.-- (1) Notification to the secretary.--Not later than 30 days after a survey for a parcel is approved by the Texas General Land Office under subsection (c), such office shall provide to the Secretary the following: (A) Notice of the approval of such survey. (B) A copy of such survey and field notes relating to such parcel. (2) Notification to adjacent landowners.--Not later than 30 days after the date on which the Secretary receives notification relating to a parcel under paragraph (1), the Secretary shall provide to landowners adjacent to such parcel the following: (A) Notice of the approval of such survey. (B) A copy of such survey and field notes relating to such parcel. (C) Notice that the landowner may file an appeal and seek further judicial review under section 4. (D) Notice that the landowner may apply for a patent under section 5. (E) Any additional information considered appropriate by the Secretary. SEC. 4. APPEAL. (a) Appeal to Administrative Law Judge.--Not later than 1 year after the date on which a landowner receives notification under section 3(d)(2), a landowner who claims to hold right, title, or interest in the affected area may appeal the determination of the survey to an administrative law judge of the Department of the Interior. (b) Further Judicial Review.-- (1) In general.--A landowner who filed an appeal under subsection (a) and is adversely affected by the final decision may, not later than 120 days after the date of the final decision, file a civil action in the United States district court for the district-- (A) in which the person resides; or (B) in which the affected area is located. (2) Standard of review.--The district court may review the case de novo and may enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, the decision of the administrative law judge. SEC. 5. RED RIVER SURFACE RIGHTS. (a) Notification of Application Period for Patents.-- (1) In general.--On the date that is 18 months after the date on which the Secretary receives notification relating to a parcel under section 3(d)(1), the Secretary shall determine whether such parcel is subject to appeal or further judicial review. (2) Parcel not subject to appeal or judicial review.--Not later than 30 days after the date on which the Secretary determines a parcel is not subject to appeal or judicial review, the Secretary shall-- (A) notify federally recognized Indian tribes with jurisdiction over lands adjacent to such parcel that the Secretary shall accept applications for patents for that parcel under subsection (b) for a period of 210 days; and (B) begin accepting applications for patents for that parcel under subsection (b) for a period of 210 days. (3) Parcel subject to appeal or judicial review.--If the Secretary determines a parcel is subject to appeal or further judicial review, the Secretary shall, not less than once every 6 months, check the status of the appeals or judicial reviews relating to such parcel, until the Secretary determines such parcel is not subject to appeal or further judicial review. (b) Patents for Lands in the Affected Area.--If the Secretary receives an application for a patent for a parcel of identified Federal lands during the period for applications for such parcel under subsection (a)(2)(B) and determines that the parcel has been held in good faith and in peaceful adverse possession by an applicant, or the ancestors or grantors of such applicant, for more than 20 years under claim (including through a State land grant), the Secretary may issue a patent for the surface rights to such parcel to the applicant, on the payment of fair market value per acre, if the patent includes the following conditions: (1) All minerals contained in the parcel are reserved to the United States and subject to sale or disposal by the United States under applicable leasing and mineral land laws. (2) Permittees, lessees, or grantees of the United States have the right to enter the parcel for the purpose of prospecting for and mining deposits. (c) Pending Requests for Patents.--The Secretary shall not offer a parcel of identified Federal land for purchase under section 6 if a patent request for that parcel is pending under this section. SEC. 6. RIGHT OF REFUSAL AND COMPETITIVE SALE. (a) Right of Refusal.-- (1) Offers to purchase.--After the expiration of the period for applications under section 5(a)(2)(B), the Secretary shall offer for purchase for a period of 60 days for each right of refusal-- (A) the surface rights to the remaining identified Federal lands located north of the vegetation line of the South Bank to-- (i) the federally recognized Indian tribes holding reservation or allotment land on June 5, 1906, with the first right of refusal; (ii) the adjacent owner of land located in Oklahoma to the north with the second right of refusal; (iii) if applicable, the adjacent owner of land located in Texas to the south with the third right of refusal; (iv) if applicable, the adjacent owner of land located to the east with the fourth right of refusal; and (v) if applicable, the adjacent owner of land located to the west with the fifth right of refusal; and (B) the surface rights to the remaining identified Federal lands located south of the vegetation line of the South Bank to-- (i) the federally recognized Indian tribes holding reservation or allotment land on June 5, 1906, with the first right of refusal; (ii) the adjacent owner of land located in Texas to the south with the second right of refusal; (iii) if applicable, the adjacent owner of land located in Oklahoma to the north with the third right of refusal; (iv) if applicable, the adjacent owner of land located to the east with the fourth right of refusal; and (v) if applicable, the adjacent owner of land located to the west with the fifth right of refusal. (2) Remaining identified federal lands defined.--In this subsection, the term ``remaining identified Federal lands'' means any parcel of identified Federal lands-- (A) not subject to appeal or further judicial review under section 4; (B) not determined by an administrative law judge of the Department of the Interior or a Federal court to be the property of an adjacent landowner; and (C) not patented or subject to a pending request for a patent under section 5. (b) Disposal by Competitive Sale.--If a parcel offered under subsection (a) is not purchased, the Secretary shall offer the parcel for disposal by competitive sale for not less than fair market value as determined by an appraisal conducted in accordance with nationally recognized appraisal standards, including the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (c) Conditions of Sale.--The sale of a parcel under this section shall be subject to-- (1) the condition that all minerals contained in the parcel are reserved to the United States and subject to sale or disposal by the United States under applicable leasing and mineral land laws; (2) the condition that permittees, lessees, or grantees of the United States have the right to enter the parcel for the purpose of prospecting for and mining deposits; and (3) valid existing State, tribal, and local rights. (d) Report.--Not later than 5 years after the date on which the survey is approved, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a list of the parcels of identified Federal lands that have not been sold under subsection (b) and a description of the reasons such parcels were not sold. SEC. 7. RESOURCE MANAGEMENT PLAN. The Secretary may not treat a parcel of identified Federal lands as Federal land for the purposes of a resource management plan if the treatment of such parcel does not comply with the provisions of this Act. SEC. 8. CONSTRUCTION. (a) Lands Located North of the South Bank Boundary Line.--Nothing in this Act shall be construed to modify the interest of Texas or Oklahoma or sovereignty rights of any federally recognized Indian tribe over lands located to the north of the South Bank boundary line as established by the survey. (b) Patents Under the Color of Title Act.--Nothing in this Act shall be construed to modify land patented under the Act of December 22, 1928 (Public Law 70-645; 45 Stat. 1069; 43 U.S.C. 1068; commonly known as the Color of Title Act), before the date of the enactment of this Act. (c) Red River Boundary Compact.--Nothing in this Act shall be construed to modify the Red River Boundary Compact as enacted by the States of Texas and Oklahoma and consented to by the United States Congress by Public Law 106-288 (114 Stat. 919). (d) Tribal Allotments.--Nothing in this Act shall be construed to alter the present median line of the Red River as it relates to the surface or mineral interests of tribal allottees north of the present median line. (e) Tribal Reservations.--Nothing in this Act shall be construed to create or reinstate a tribal reservation or any portion of a tribal reservation. (f) Tribal Mineral Interests.--Nothing in this Act shall be construed to alter the valid rights of the Kiowa, Comanche, and Apache Nations to the mineral interest trust fund created pursuant to the Act of June 12, 1926. SEC. 9. DEFINITIONS. In this Act: (1) Affected area.--The term ``affected area'' means lands along the approximately 116-mile stretch of the Red River from its confluence with the North Fork of the Red River on the west to the 98th meridian on the east between the States of Texas and Oklahoma. (2) Gradient boundary survey method.--The term ``gradient boundary survey method'' means the measurement technique used to locate the South Bank boundary line under the methodology established in Oklahoma v. Texas, 261 U.S. 340 (1923) (recognizing that the boundary line between the States of Texas and Oklahoma along the Red River is subject to change due to erosion and accretion). (3) Identified federal lands.--The term ``identified Federal lands'' means the lands in the affected area from the South Bank boundary line north to the medial line of the Red River as identified pursuant to this Act. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (5) South bank.--The term ``South Bank'' means the water- washed and relatively permanent elevation or acclivity, commonly called a cut bank, along the southerly or right side of the Red River which separates its bed from the adjacent upland, whether valley or hill, and usually serves to confine the waters within the bed and to preserve the course of the river (as specified in the fifth paragraph of Oklahoma v. Texas, 261 U.S. 340 (1923)). (6) South bank boundary line.--The term ``South Bank boundary line'' means the boundary between Texas and Oklahoma identified through the gradient boundary survey method (as specified in the sixth and seventh paragraphs of Oklahoma v. Texas, 261 U.S. 340 (1923)). (7) Survey.--The term ``survey'' means the survey required by section 3(a). (8) Vegetation line.--The term ``vegetation line'' means the visually identifiable continuous line of vegetation that is adjacent to the portion of the riverbed kept practically bare of vegetation by the natural flow of the river and is continuous with the vegetation beyond the riverbed. Passed the House of Representatives December 9, 2015. Attest: KAREN L. HAAS, Clerk.

Red River Private Property Protection Act (Sec. 2) This bill declares that the Bureau of Land Management (BLM) of the Department of the Interior disclaims any right, title, and interest to certain lands along a stretch of the Red River between Texas and Oklahoma (the affected area) located south of the South Bank boundary line. BLM surveys conducted before enactment of this Act shall have no force or effect in determining the South Bank boundary line. (Sec. 3) The BLM, in identifying the current South Bank boundary line along the affected area, shall commission a new survey that: (1) adheres to the gradient boundary survey method, (2) spans the entire length of the affected area, (3) is conducted by Licensed State Land Surveyors chosen by the Texas General Land Office and each affected federally recognized Indian tribe, and (4) is completed within two years of enactment of this Act. The survey, including surveys of individual parcels, shall be submitted to the Texas General Land Office, not to the BLM, for approval, in consultation with the Oklahoma Commissioners of the Land Office and each affected federally recognized Indian tribe. The Texas Land Office shall notify the BLM of its approval of a survey, together with a copy and related field notes. The BLM, after receiving this notification, shall notify the landowners adjacent to the surveyed parcel, together with a copy and related field notes. (Sec. 4) A landowner who receives such a notification and who claims to hold right, title, or interest in the affected area may appeal the survey's determination to an Administrative Law Judge of the Department of the Interior. A landowner who files such an appeal and is adversely affected by the final decision may file a civil action in the U.S. district court for the district in which the person resides or in which the affected area is located. (Sec. 5) If the BLM determines that a surveyed parcel is not subject to appeal or judicial review, it shall notify federally recognized Indian tribes with jurisdiction over lands adjacent to the parcel that it shall accept patent applications for that parcel for 210 days. The BLM shall also check at least once every six months the status of any appeals or further judicial reviews related to a parcel that is subject to appeal or further judicial review until it is no longer subject to appeal or further judicial review. The BLM may issue to an applicant, on the payment of fair market value per acre, a patent for the surface rights to a parcel of identified federal lands that the applicant (or the applicant's ancestors or grantors) have held in good faith and in peaceful adverse possession for more than 20 years under a claim (including through a state land grant). Such a patent shall: reserve to the United States all minerals contained in the parcel, which shall be subject to sale or disposal under leasing and mineral land laws; and recognize the right of U.S. permittees, lessees, or grantees to enter the parcel to prospect for and mine deposits. (Sec. 6) After the period for applications expires, but for only 60 days, the BLM shall offer for purchase the surface rights to the remaining identified federal land located north or south of the vegetation line of the South Bank. The purchase offer shall go first to federally recognized Indian tribes holding reservation or allotment land on June 5, 1906, that possess the right of first refusal, then to specified adjacent landowners located in Oklahoma or Texas for each next right of refusal. The bill defines "remaining identified federal lands" as any parcel of identified federal lands: not subject to appeal or further judicial review, not determined by an Interior Administrative Law Judge or a federal court to be the property of an adjacent landowner, and not patented or subject to a pending request for a patent. Any such parcel that is not purchased shall be offered by BLM for disposal by a competitive sale for not less than fair market value. Any such sale shall be subject to: (1) the condition that all minerals contained in the parcel are reserved to the United States and subject to sale or disposal under applicable leasing and mineral land laws; (2) the condition that permittees, lessees, or grantees have the right to enter the parcel to prospect for and mine deposits; and (3) valid existing state, tribal, and local rights. (Sec. 7) The BLM may not treat a parcel of identified federal lands as federal land for purposes of a resource management plan if the treatment does not comply with this Act.

Red River Private Property Protection Act

SECTION 1. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. The Act entitled ``An Act to provide for the organization of the militia of the District of Columbia'', approved March 1, 1889 (sec. 49--101 et seq., D.C. Official Code) is amended by adding at the end the following new title: ``TITLE II--EDUCATIONAL ASSISTANCE PROGRAM ``SEC. 201. SHORT TITLE; FINDINGS. ``(a) Short Title.--This title may be cited as the `Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act'. ``(b) Findings.--Congress makes the following findings: ``(1) The District of Columbia National Guard is under the exclusive jurisdiction of the President of the United States as Commander-in-Chief and, unlike other National Guards, is permanently federalized. ``(2) The District of Columbia National Guard is unique and differs from the National Guards of the several States in that the District of Columbia National Guard is responsible, not only for residents of the District of Columbia, but also for a special and unique mission and obligation as a result of the extensive presence of the Federal Government in the District of Columbia. ``(3) Consequently, the President of the United States, rather than the chief executive of the District of Columbia, is in command of the District of Columbia National Guard, and only the President can call up the District of Columbia National Guard even for local emergencies. ``(4) The District of Columbia National Guard has been specifically trained to address the unique emergencies that may occur regarding the presence of the Federal Government in the District of Columbia. ``(5) The great majority of the members of the District of Columbia National Guard actually live in Maryland or Virginia, rather than in the District of Columbia. ``(6) The District of Columbia National Guard has been experiencing a disproportionate decline in force in comparison to the National Guards of Maryland and Virginia. ``(7) The States of Maryland and Virginia provide additional recruiting and retention incentives, such as educational benefits, in order to maintain their force, and their National Guards have drawn recruits from the District of Columbia at a rate that puts at risk the maintenance of the necessary force levels for the District of Columbia National Guard. ``(8) Funds for an educational benefit for members of the District of Columbia National Guard would provide an incentive to help reverse the loss of members to nearby National Guards and allow for maintenance and increase of necessary District of Columbia National Guard personnel. ``(9) The loss of members of the District of Columbia National Guard could adversely affect the readiness of the District of Columbia National Guard to respond in the event of a terrorist attack on the capital of the United States. ``SEC. 202. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. ``(a) Educational Assistance Program Authorized.--The Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, shall establish a program under which the Mayor may provide financial assistance to an eligible member of the District of Columbia National Guard to assist the member in covering expenses incurred by the member while enrolled in an approved institution of higher education to pursue the member's first undergraduate, masters, vocational, or technical degree or certification. ``(b) Eligibility.-- ``(1) Criteria.--A member of the District of Columbia National Guard is eligible to receive assistance under the program established under this title if the commanding general of the District of Columbia National Guard certifies to the Mayor the following: ``(A) The member has satisfactorily completed required initial active duty service. ``(B) The member has executed a written agreement to serve in the District of Columbia National Guard for a period of not less than 6 years. ``(C) The member is not receiving a Reserve Officer Training Corps scholarship. ``(2) Maintenance of eligibility.--To continue to be eligible for financial assistance under the program, a member of the District of Columbia National Guard must-- ``(A) be satisfactorily performing duty in the District of Columbia National Guard in accordance with regulations of the National Guard (as certified to the Mayor by the commanding general of the District of Columbia National Guard); ``(B) be enrolled on a full-time or part-time basis (seeking to earn at least 3, but less than 12 credit hours per semester) in an approved institution of higher education; and ``(C) maintain satisfactory progress in the course of study the member is pursuing, determined in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)). ``SEC. 203. TREATMENT OF ASSISTANCE PROVIDED. ``(a) Permitted Use of Funds.--Financial assistance received by a member of the District of Columbia National Guard under the program under this title may be used to cover-- ``(1) tuition and fees charged by an approved institution of higher education involved; ``(2) the cost of books; and ``(3) laboratory expenses. ``(b) Amount of Assistance.--The amount of financial assistance provided to a member of the District of Columbia National Guard under the program may be up to $400 per credit hour, but not to exceed $6,000 per year. If the Mayor determines that the amount available to provide assistance under this title in any year will be insufficient, the Mayor may reduce the maximum amount of the assistance authorized, or set a limit on the number of participants, to ensure that amounts expended do not exceed available amounts. ``(c) Relation to Other Assistance.--Except as provided in section 202(b)(1)(C), a member of the District of Columbia National Guard may receive financial assistance under the program in addition to educational assistance provided under any other provision of law. ``(d) Repayment.--A member of the District of Columbia National Guard who receives assistance under the program and who, voluntarily or because of misconduct, fails to serve for the period covered by the agreement required by section 202(b)(1) or fails to comply with the eligibility conditions specified in section 202(b)(2) shall be subject to the repayment provisions of section 373 of title 37, United States Code. ``SEC. 204. ADMINISTRATION AND FUNDING OF PROGRAM. ``(a) Administration.--The Mayor, in coordination with the commanding general of the District of Columbia National Guard and in consultation with approved institutions of higher education, shall develop policies and procedures for the administration of the program under this title. Nothing in this title shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable a member of the District of Columbia National Guard to enroll in the institution. ``(b) Funding Sources and Gifts.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to the District of Columbia such sums as may be necessary to enable the Mayor to provide financial assistance under the program. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. ``(2) Transfer of funds.--The Mayor may accept the transfer of funds from Federal agencies and use any funds so transferred for purposes of providing assistance under the program. There is authorized to be appropriated to the head of any executive branch agency such sums as may be necessary to permit the transfer of funds to the Mayor to provide financial assistance under this section. ``(3) Donations.--The Mayor may accept, use, and dispose of donations of services or property for purposes of providing assistance under the program. ``SEC. 205. DEFINITION. ``In this title, the term `approved institution of higher education' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that-- ``(1) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and ``(2) has entered into an agreement with the Mayor containing an assurance that funds made available under this title are used to supplement and not supplant other assistance that may be available for members of the District of Columbia National Guard. ``SEC. 206. EFFECTIVE DATE. ``Financial assistance may be provided under the program under this title to eligible members of the District of Columbia National Guard for periods of instruction that begin on or after January 1, 2013.''.

Amends the District of Columbia Code to add provisions to be entitled the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act. Directs the Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, to establish a program that allows the Mayor to provide educational assistance to members of the District of Columbia National Guard who have satisfactorily completed their initial active duty service and agree to serve for at least six years. Requires such assistance to be used by members for expenses incurred in pursuing their first undergraduate, master's, vocational, or technical degree or certification at an approved institution of higher education. Prohibits members who are receiving a Reserve Officer Training Corps scholarship from receiving this Act's assistance.

To direct the Mayor of the District of Columbia to establish a District of Columbia National Guard Educational Assistance Program to encourage the enlistment and retention of persons in the District of Columbia National Guard by providing financial assistance to enable members of the National Guard of the District of Columbia to attend undergraduate, vocational, or technical courses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security and Medicare Improved Burn Injury Treatment Access Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Terrorist acts, such as the September 11, 2001 attacks in New York and Washington, D.C. and attacks in countries throughout the world, major accidental events, chemical plant explosions, airplane crashes, and major industrial accidents, result in a substantial number of burn-injured patients. (2) In most major traumatic events, 25 percent to 30 percent of the injured will require burn care treatment. About one-third of those hospitalized in New York on September 11th had severe burn injuries. (3) According to the American Burn Association (ABA), which is the national professional society representing hospitals with burn centers, as well as burn surgeons, nurses, therapists, and other members of the burn care team, there are only 128 burn centers in the United States. The total burn-bed capacity at all burn centers in the United States is 1,835 beds. Burn centers in four States have closed, with a loss of several beds, which further diminishes the nation's ability to handle the mass burn casualties that could result from a major terrorist attack. (4) Burn centers are a national resource that must be preserved and strengthened as part of the nation's preparedness activities to deal with terrorist attacks or other disasters that would likely lead to mass burn casualties. (5) Based on a study of over 54,000 burn cases over a 20- year period of time, the ABA in its 2002 National Burn Repository Report indicates that 38 percent of burn-injured patients treated in burn centers were uninsured. This high level of uncompensated care threatens the survival of burn centers, the continued existence of which is essential to the emergency preparedness efforts of the United States. (6) Burn injuries are among the most costly to treat and require immediate medical attention. (7) Because of the necessity of providing immediate care in the case of burn injuries, the waiting periods established for Medicare coverage for disabled burn patients should be waived and it is essential for Medicare to reimburse the costs of such burn treatment to ensure the financial survival of burn centers. SEC. 3. ELIMINATION OF 5-MONTH SOCIAL SECURITY DISABILITY WAITING PERIOD IN CASES OF INDIVIDUALS WITH DISABLING BURN INJURIES. (a) Disability Insurance Benefits.--Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended by adding at the end the following new paragraph: ``(3)(A) In the case of any individual who has a disabling burn injury and is not entitled to disability insurance benefits under this section for any month solely by reason of the waiting period under clause (i) in the first sentence of paragraph (1), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of the first sentence of paragraph (1), such individual shall be entitled to disability insurance benefits for each month, beginning with the first month during all of which such individual is under a disability and in which such individual would become so entitled to such insurance benefits under such sentence but for such waiting period, and ending as provided in paragraph (1). ``(B) For purposes of subparagraph (A) and sections 202(e)(5)(C), 202(f)(6)(C), and 216(i)(2)(A)(ii), an individual is considered to have a `disabling burn injury' if the individual has a burn injury that satisfies a finding of disability in accordance with the Social Security Administration's publication, `Disability Evaluation under Social Security' (Blue Book, January 2005) for purposes of establishing eligibility for benefits under this title.''. (b) Widow's Insurance Benefits Based on Disability.--Section 202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the end the following new subparagraph: ``(C) In the case of any individual who has a disabling burn injury (as described in section 223(a)(3)(B)) and is not entitled to widow's insurance benefits under this section for any month solely by reason of the waiting period under paragraph (1)(F)(i), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of paragraph (1)(F), such individual shall be entitled to widow's insurance benefits for each month, beginning with the first month during all of which she is under a disability and in which she would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1).''. (c) Widower's Insurance Benefits Based on Disability.--Section 202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the end the following new subparagraph: ``(C) In the case of any individual who has a disabling burn injury (as described in section 223(a)(3)(B)) and is not entitled to widower's insurance benefits under this section for any month solely by reason of the waiting period under paragraph (1)(F)(i), the Commissioner of Social Security shall waive the application of the waiting period, and, notwithstanding clauses (i) and (ii) of paragraph (1)(F), such individual shall be entitled to widower's insurance benefits for each month, beginning with the first month during all of which he is under a disability and in which he would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1).''. (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(2)(A)''; (2) by inserting ``(I)'' after ``but only if''; (3) by inserting ``(II)'' after ``duration or''; and (4) by adding at the end the following new clause: ``(ii) In any case in which an individual has a disabling burn injury (as described in section 223(a)(3)(B)) and a month is not included within a period of disability of such individual solely by reason of the 5-month duration requirement under clause (i)(I), the Commissioner of Social Security shall waive the application of such requirement, and, notwithstanding clause (i)(I), such month shall be included in a period of disability.''. (e) Effective Dates.--The amendments made by subsection (a) shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months beginning after the date of the enactment of this Act. The amendments made by subsections (b) and (c) shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act for months after the date of the enactment of this Act. The amendments made by subsection (d) shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act after the date of the enactment of this Act. SEC. 4. ELIMINATION OF 24-MONTH MEDICARE DISABILITY WAITING PERIOD IN CASES OF INDIVIDUALS WITH DISABLING BURN INJURIES. (a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or a disabling burn injury (as described in section 223(a)(3)(B))'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

Social Security and Medicare Improved Burn Injury Treatment Access Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Commissioner of Social Security to waive the application of the five-month Social Security disability waiting period in cases of individuals with disabling burn injuries. Eliminates the 24-month Medicare disability waiting period in cases of individuals with disabling burn injuries.

To amend the Social Security Act to eliminate the 5-month waiting period for Social Security disability and the 24-month waiting period for Medicare benefits in the cases of individuals with disabling burn injuries.

SECTION 1. FINDINGS. The Congress finds the following: (1) Paraprofessionals are not substitutes for certified teachers. (2) Small class size is fundamental to all learning, but particularly in the early grades. (3) Putting more adults in the classroom helps to increase the attention paid to each student and to improve discipline. (4) Expanding the availability of entry-level classroom jobs that include opportunities for training and professional development should encourage more adults to enter teacher training and careers in education. SEC. 2. FUNDS FOR RECRUITING, HIRING, AND TRAINING PARAPROFESSIONALS. (a) State Allocations.--From the amount appropriated to carry out this Act for each fiscal year, the Secretary of Education-- (1) shall make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities under this Act; and (2) shall allocate the remainder by providing each State the same percentage of that remainder as it received of the funds allocated to States under section 306(a)(2) of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001, as enacted by section 1(a)(1) of Public Law 106-554. (b) Local Agency Allocations.--Each State that receives funds under this Act shall distribute 100 percent of such funds to local educational agencies, of which-- (1) 80 percent of such amount shall be allocated to local educational agencies in proportion to the number of children, aged 5 to 17, who reside in the school district served by a local educational agency from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved for the most recent fiscal year for which satisfactory data are available compared to the number of such individuals who reside in the school districts served by all the local educational agencies in the State for that fiscal year; and (2) 20 percent of such amount shall be allocated to local educational agencies in accordance with the relative enrollments of children, aged 5 to 17, in public and private nonprofit elementary and secondary schools within the boundaries of such agencies. (c) Uses of Funds.-- (1) Purpose.--The basic purpose and intent of this Act is to decrease the ratio of students to personnel in public elementary and secondary school classrooms by assisting local educational agencies in the recruitment, hiring, and training of 100,000 new classroom paraprofessionals. Each local educational agency that receives funds under this Act shall use such funds to carry out effective approaches to achieving such ratio reductions in order to improve educational achievement for both regular and special needs children, with particular consideration given to making such reductions in the early elementary grades. (2) Recruitment, hiring, and training.-- (A) In general.--Each local educational agency that receives funds under this Act-- (i) may use up to 100 percent of the funds under this Act for recruiting (including through the use of signing bonuses and other financial incentives), hiring, and training paraprofessionals to assist teachers, including teachers employed in bilingual education, special education, and migrant education; and (ii) may use up to 25 percent of the funds under this Act-- (I) for providing professional development (which may include such activities as those described in section 2210 of the Elementary and Secondary Education Act of 1965 (as in effect on the day before the date of the enactment of the No Child Left Behind Act of 2001 (Pub. L. 107-110; 115 Stat. 1425)), opportunities for paraprofessionals to attend multi-week institutes, such as those made available during the summer months, that provide intensive professional development in partnership with local educational agencies, and initiatives that promote retention and mentoring), to paraprofessionals, including paraprofessionals who assist teachers employed in bilingual education, special education, and migrant education; or (II) to provide assistance to new and existing paraprofessionals to ensure that such individuals are highly qualified consistent with the requirements of subsections (c) and (d) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319). (B) Special rule.--In the case of a local educational agency that has already reduced the ratio of students to instructional personnel in grades kindergarten through 3 to 18 or less (or has already reduced such ratio to a State or local goal that was in effect on the day before the enactment of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001 (Pub. L. 106-554; 114 Stat. 2763), if that State or local educational agency goal is 20 or less) may use 100 percent of the funds received under this Act-- (i) to make further student-to-personnel ratio reductions in grades kindergarten through 3; (ii) to reduce the student-to-personnel ratio in other grades; (iii) to carry out activities to improve paraprofessional quality, including professional development; or (iv) to assist paraprofessionals to obtain the education necessary to become licensed and certified teachers. (3) Supplement, not supplant.--Each local educational agency that receives funds under this Act shall use such funds only to supplement, and not to supplant, State and local funds that, in the absence of funds under this Act, would otherwise be spent for activities under this Act. (4) Limitation.--No funds made available under this Act may be used to increase the salaries or provide benefits, other than participation in professional development, education, or enrichment programs, to paraprofessionals who are not hired under this Act. (d) Reporting.-- (1) In general.--Each State receiving funds under this Act shall submit to the Secretary on a biennial basis a report containing data on the use of funds, the types of services furnished, and the students served under this Act. (2) Reports to parents.--Each State and local educational agency receiving funds under this Act shall publicly report to parents on its progress in decreasing the ratio of students to personnel in elementary and secondary school classrooms by recruiting, hiring, and training paraprofessionals and on the impact such activities have had, if any, on increasing student academic achievement. (3) Disclosure of qualifications.--Each school receiving funds under this Act shall provide to parents, upon request, the qualifications of each member of their child's classroom instructional staff. (e) Administrative Costs.--A local educational agency that receives funds under this Act may use not more than 2 percent of such funds for local administrative costs. (f) Application.--Each local educational agency that desires to receive funds under this Act shall include in the application required under section 5133 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7215b) a description of the agency's program to reduce the ratio of students to personnel in elementary and secondary school classrooms by recruiting, hiring, and training paraprofessionals. (g) Definitions.--For purposes of this Act: (1) The term ``paraprofessional'' means an individual who is employed in a public elementary or secondary school under the supervision of a certified or licensed teacher, including individuals employed in bilingual education, special education, and migrant education. (2) The term ``local educational agency'' has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) The term ``Secretary'' means the Secretary of Education. (4) The term ``State'' is defined as that term is used in section 306(a)(2) of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001, as enacted by section 1(a)(1) of Public Law 106-554. (h) Authorization of Appropriations.--To carry out this Act, there is authorized to be appropriated $1,000,000,000 for each of fiscal years 2006 through 2010.

Directs the Secretary of Education to allot funds to States for distribution to local educational agencies (LEAs) to recruit, hire, and train 100,000 new classroom paraprofessionals in order to improve educational achievement for children. Requires that 80 percent of a State's allotment be allocated to LEAs on the basis of relative numbers of children from families with incomes below the poverty line residing in LEAs' school districts, and that the remainder be allocated on the basis of relative enrollments.

To authorize the appropriation of funds to be used to recruit, hire, and train 100,000 new classroom paraprofessionals in order to improve educational achievement for children.

SECTION 1. REPEAL OF THE MILITARY SELECTIVE SERVICE ACT. (a) Repeal.--The Military Selective Service Act (50 U.S.C. App. 451 et seq.) is repealed. (b) Transfers in Connection With Repeal.--Notwithstanding the proviso in section 10(a)(4) of the Military Selective Service Act (50 U.S.C. App. 460(a)(4)), the Office of Selective Service Records shall not be reestablished upon the repeal of such Act. The assets, contracts, property, and records held by the Selective Service System, and the unexpended balances of any appropriations available to the Selective Service System, shall be transferred to the Administrator of General Services upon the repeal of such Act. The Director of the Office of Personnel Management shall assist officers and employees of the Selective Service System to transfer to other positions in the executive branch. (c) Conforming Amendments.-- (1) Title 5.--Title 5, United States Code, is amended as follows: (A) By striking out section 3328. (B) In the table of sections at the beginning of chapter 33, by striking out the item relating to section 3328. (C) In section 5102(b), by striking out ``, including positions'' and all that follows through ``those positions''. (2) Title 8.--The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended as follows: (A) In section 101(a)(19) (8 U.S.C. 1101(a)(19))-- (i) by striking out ``section 3(a) of the Selective Training and Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), or under section 4(a) of the Selective Service Act of 1948, as amended (62 Stat. 605; 65 Stat. 76) or under''; and (ii) by striking ``sections or''. (B) In section 245A(a)(4) (8 U.S.C. 1255a(a)(4))-- (i) by adding ``and'' at the end of subparagraph (B); (ii) by striking out ``, and'' at the end of subparagraph (C) and inserting in lieu thereof a period; and (iii) by striking out subparagraph (D). (C) In section 315(b) (8 U.S.C. 1426(b)), by inserting ``former'' before ``Selective Service System''. (3) Title 10.--Title 10, United States Code, is amended as follows: (A) In section 513-- (i) in subsection (a), by striking out ``(except as provided in subsection (c))''; (ii) by striking out subsection (c); and (iii) by redesignating subsection (d) as subsection (c). (B) In section 523(b), by striking out paragraph (7). (C) In section 641(1)-- (i) by inserting ``or'' at the end of subparagraph (E); (ii) by striking out subparagraph (F); and (iii) by redesignating subparagraph (G) as subparagraph (F). (D) In section 651(a), by striking out ``, other than a person deferred under the next to the last sentence of section 6(d)(1) of the Military Selective Service Act (50 U.S.C App. 456(d)(1))''. (E) In section 1475(a)(5), by striking out ``who-- '' and all that follows through the period and inserting in lieu thereof ``who has been provisionally accepted for that duty.''. (F) In section 12103(b), by striking out ``, and who is not under orders to report for induction into an armed force under the Military Selective Service Act (50 U.S.C. App. 451 et seq.),''. (G) In section 12103(d), by striking out ``and who is not under orders to report for induction into an armed force under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), except as provided in section 6(c)(2)(A) (ii) and (iii) of such Act,''. (H) In section 12104(a)-- (i) by striking out ``or under the Military Selective Service Act (50 U.S.C. App. 451 et seq.),'' in the first sentence; and (ii) by striking out ``or under the Military Selective Service Act (50 U.S.C. App. 451 et seq.)'' in the third sentence. (I) In section 12208(a)-- (i) by striking out ``or under the Military Selective Service Act (50 U.S.C. App. 451 et seq.),'' in the first sentence; and (ii) by striking out ``or under the Military Selective Service Act (50 U.S.C. App. 451 et seq.)'' in the third sentence. (J) In section 12647-- (i) by striking out ``who is assigned to the Selective Service System or''; (ii) by striking out ``assignment or''; and (iii) in the section heading, by striking out ``assigned to the Selective Service System or''. (K) In the table of sections at the beginning of chapter 1219, by striking out the item relating to section 12647 and inserting in lieu thereof the following new item: ``12647. Commissioned officers: retention in active status while serving as United States property and fiscal officers.''. (4) Title 22.--Section 23 of the Peace Corps Act (22 U.S.C. 2520) is repealed. (5) Title 26.--Section 3121(n)(5) of the Internal Revenue Act of 1986 (26 U.S.C. 3121(n)(5)) is amended by striking out ``service--'' and all that follows through ``or air service;'' and inserting in lieu thereof ``service who has been provisionally accepted for such duty;''. (6) Title 29.--The Job Training Partnership Act (29 U.S.C. 1501 et seq.) is amended as follows: (A) In section 426 (29 U.S.C. 1696)-- (i) by striking out subsection (b); and (ii) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (A) By striking out section 604 (29 U.S.C. 1504). (7) Title 37.--Title 37, United States Code, is amended as follows: (A) In section 209(a), by striking out the last sentence. (B) In section 308e(1)-- (i) in subparagraph (A), by striking out ``or under section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1))''; and (ii) in subparagraph (B), by striking out ``or section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1))''. (8) Title 42.--(A) Section 210(m)(5) of the Social Security Act (42 U.S.C. 410(m)(5)) is amended by striking out ``service--'' and all that follows through ``or air service;'' and inserting in lieu thereof ``service who has been provisionally accepted for such duty;''. (B) Section 1007(b) of the Legal Services Corporation Act (42 U.S.C. 2996f(b)) is amended by striking out paragraph (10) and inserting in lieu thereof the following new paragraph: ``(10) to provide legal assistance with respect to any proceeding or litigation arising out of desertion from the Armed Forces.''. (d) Effective Date.--This Act, and the amendments made by this Act, shall take effect 180 days after the date of the enactment of this Act.

Repeals the Military Selective Service Act. States that, notwithstanding provisions of such Act, the Office of Selective Service Records shall not be reestablished upon such repeal. Transfers assets, contracts, property, and records held by the Selective Service System, as well as unexpended appropriations, to the Administrator of General Services.

To repeal the Military Selective Service Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jaime Zapata Border Enforcement Security Task Force Act''. SEC. 2. FINDINGS AND DECLARATION OF PURPOSES. Congress finds the following: (1) The Department of Homeland Security's (DHS) overriding mission is to lead a unified national effort to protect the United States. United States Immigration and Customs Enforcement (ICE) is the largest investigative agency within DHS and is charged with enforcing a wide array of laws, including laws related to securing the border and combating criminal smuggling. (2) Mexico's northern border with the United States has experienced a dramatic surge in border crime and violence in recent years due to intense competition between Mexican drug cartels and criminal smuggling organizations that employ predatory tactics to realize their profits. (3) Law enforcement agencies at the United States northern border also face challenges from transnational smuggling organizations. (4) In response, DHS has partnered with Federal, State, local, tribal, and foreign law enforcement counterparts to create the Border Enforcement Security Task Force (BEST) initiative as a comprehensive approach to addressing border security threats. These multi-agency teams are designed to increase information-sharing and collaboration among the participating law enforcement agencies. (5) BEST teams incorporate personnel from ICE, United States Customs and Border Protection (CBP), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE), the Federal Bureau of Investigation (FBI), the United States Coast Guard (USCG), and the U.S. Attorney's Office (USAO), along with other key Federal, State and local law enforcement agencies. (6) Foreign law enforcement agencies participating in BEST include Mexico's Secretaria de Seguridad Publica (SSP), the Canada Border Services Agency (CBSA), the Ontario Provincial Police (OPP), and the Royal Canadian Mounted Police (RCMP). SEC. 3. BORDER ENFORCEMENT SECURITY TASK FORCE. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following: ``SEC. 432. BORDER ENFORCEMENT SECURITY TASK FORCE. ``(a) Establishment.--There is established within the Department a program to be known as the Border Enforcement Security Task Force (referred to in this section as `BEST'). ``(b) Purpose.--The purpose of BEST is to establish units to enhance border security by addressing and reducing border security threats and violence by-- ``(1) facilitating collaboration among Federal, State, local, tribal, and foreign law enforcement agencies to execute coordinated activities in furtherance of border security, and homeland security; and ``(2) enhancing information-sharing, including the dissemination of homeland security information among such agencies. ``(c) Composition and Establishment of Units.-- ``(1) Composition.--BEST units may be comprised of personnel from-- ``(A) U.S. Immigration and Customs Enforcement; ``(B) U.S. Customs and Border Protection; ``(C) the United States Coast Guard; ``(D) other Department personnel, as appropriate ``(E) other Federal agencies, as appropriate; ``(F) appropriate State law enforcement agencies; ``(G) foreign law enforcement agencies, as appropriate; ``(H) local law enforcement agencies from affected border cities and communities; and ``(I) appropriate tribal law enforcement agencies. ``(2) Establishment of units.--The Secretary is authorized to establish BEST units in jurisdictions in which such units can contribute to BEST missions, as appropriate. Before establishing a BEST unit, the Secretary shall consider-- ``(A) whether the area in which the BEST unit would be established is significantly impacted by cross-border threats; ``(B) the availability of Federal, State, local, tribal, and foreign law enforcement resources to participate in the BEST unit; ``(C) the extent to which border security threats are having a significant harmful impact in the jurisdiction in which the BEST unit is to be established, and other jurisdictions in the country; and ``(D) whether or not an Integrated Border Enforcement Team already exists in the area in which the BEST unit would be established. ``(3) Duplication of efforts.--In determining whether to establish a new BEST unit or to expand an existing BEST unit in a given jurisdiction, the Secretary shall ensure that the BEST unit under consideration does not duplicate the efforts of other existing interagency task forces or centers within that jurisdiction. ``(d) Operation.--After determining the jurisdictions in which to establish BEST units under subsection (c)(2), and in order to provide Federal assistance to such jurisdictions, the Secretary may-- ``(1) direct the assignment of Federal personnel to BEST, subject to the approval of the head of the department or agency that employs such personnel; and ``(2) take other actions to assist Federal, State, local, and tribal entities to participate in BEST, including providing financial assistance, as appropriate, for operational, administrative, and technological costs associated with the participation of Federal, State, local, and tribal law enforcement agencies in BEST. ``(e) Report.--Not later than 180 days after the date on which BEST is established under this section, and annually thereafter for the following 5 years, the Secretary shall submit a report to Congress that describes the effectiveness of BEST in enhancing border security and reducing the drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across the international borders of the United States, as measured by crime statistics, including violent deaths, incidents of violence, and drug- related arrests.''. (b) Clerical Amendment.--The table of contents under section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by inserting after the item relating to section 431 the following: ``Sec. 432. Border Enforcement Security Task Force.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Jaime Zapata Border Enforcement Security Task Force Act - Amends the Homeland Security Act of 2002 to establish within the Department of Homeland Security (DHS) the Border Enforcement Security Task Force (BEST), which shall establish units to enhance border security by addressing and reducing border security threats and violence by: (1) facilitating collaboration among federal, state, local, tribal, and foreign law enforcement agencies to execute coordinated activities in furtherance of border security and homeland security; and (2) enhancing information-sharing, including the dissemination of homeland security information among such agencies. Authorizes the Secretary of Homeland Security to establish BEST units in jurisdictions in which such units can contribute to BEST missions, after considering: (1) whether the area in which the unit would be established is significantly impacted by cross-border threats; (2) the availability of federal, state, local, tribal, and foreign law enforcement resources to participate in the unit; (3) the extent to which border security threats are having a significant harmful impact in the area and in other U.S. jurisdictions; and (4) whether an Integrated Border Enforcement Team already exists in the area. Directs the Secretary, in determining whether to establish or expand a BEST unit in a given jurisdiction, to ensure that the unit under consideration does not duplicate the efforts of other existing interagency task forces or centers within that jurisdiction. Authorizes the Secretary, after determining the jurisdictions in which to establish BEST units and in order to provide federal assistance to such jurisdictions, to: (1) direct the assignment of federal personnel to BEST; and (2) take other actions to assist federal, state, local, and tribal entities to participate in BEST, including providing financial assistance for operational, administrative, and technological costs associated with such participation. Directs the Secretary to report annually on the effectiveness of the program in enhancing border security and reducing the drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across U.S. borders.

To establish a Border Enforcement Security Task Force program to enhance border security by fostering coordinated efforts among Federal, State, and local border and law enforcement officials to protect United States border cities and communities from trans-national crime, including violence associated with drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across the international borders of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rate Payer Recovery Act of 2007''. SEC. 2. DISASTER ASSISTANCE FOR POWER TRANSMISSION AND DISTRIBUTION FACILITIES. (a) Private or Investor-Owned Power Facility Defined.--Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by adding at the end the following: ``(11) Private or investor-owned power facility.--The term `private or investor-owned power facility'-- ``(A) means a privately-owned or investor-owned transmission or distribution facility that provides electric or natural gas service to retail customers under State or local jurisdiction; and ``(B) includes leased facilities.''. (b) Conditions for Contributions.--Section 406(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(C) subject to paragraph (4), to a person that owns a private or investor-owned power facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for associated expenses incurred by the person.''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) Conditions for assistance to private or investor- owned power facilities.-- ``(A) Definition.--In this paragraph, the term `previous major disaster' means a major disaster-- ``(i) occurring before the disaster for which Federal assistance is sought under this subsection; and ``(ii) the declaration of which was not more than 10 years before the date of the declaration of the major disaster for which Federal assistance is sought under this subsection. ``(B) Conditioned on previous event.--The President may make contributions to the owner of a private or investor-owned power facility under paragraph (1)(C), only if-- ``(i) the cost of repairing, restoring, or replacing the private or investor-owned power facilities damaged or destroyed by the previous major disaster exceeded $2,500 for each retail customer receiving electrical or natural gas service from the owner on the day before the date of the previous disaster; ``(ii) the total costs of repair, restoration, or replacement of all private or investor-owned power facilities owned by such person and associated expenses as a result of the previous major disaster exceeded $500,000,000; and ``(iii) 25 percent or more of the population, as determined by the Bureau of the Census, of each geographic area of each local government in which the private or investor- owned power facility is located, had taxable income in the year preceding the previous major disaster below the Federal poverty level on the date of the previous major disaster. ``(C) Application for funds.--A person that owns a private or investor-owned power facility that meets the requirements under subparagraph (B) may apply for Federal assistance not later than the earlier of-- ``(i) 30 days after declaration of a major disaster; or ``(ii) the date upon which the owner of the private or investor-owned power facility has contributed $10,000,000 towards the total costs of repair, restoration, or replacement of the private or investor-owned power facility damaged or destroyed as a result of the major disaster for which it requests Federal assistance. ``(D) Limit on federal assistance for disaster relief.--Federal assistance under this section to the owner of a private or investor-owned power facility shall only apply to eligible costs and expenses directly incurred by the owner exceeding $10,000,000. ``(E) Aggregation for purposes of determining costs.--For purposes of determining the costs of a previous major disaster under this paragraph, the costs of all previous major disasters during any 12-month period shall be aggregated. ``(F) Approval or disapproval of applications.--The President shall approve or disapprove an application for assistance submitted by a person under this paragraph not later than 30 days after the date of receipt of the application.''. (c) Federal Share.--Section 406(b)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(b)(2)) is amended by striking ``public facility or private nonprofit facility'' and inserting ``public facility, private nonprofit facility, or private or investor-owned power facility''. (d) Large In-Lieu Contributions.--Section 406(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is amended by adding at the end the following: ``(3) For private or investor-owned power facilities.-- ``(A) In general.--In any case in which a person that owns a private or investor-owned power facility determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the person may elect to receive, in lieu of a contribution under subsection (a)(1)(C), a contribution in an amount equal to 75 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses, under the conditions described in subsection (a)(4). ``(B) Use of funds.--Funds contributed to a person under this paragraph may be used to-- ``(i) repair, restore, or expand other private or investor-owned power facilities owned by the person; ``(ii) construct a new private or investor- owned power facility owned by the person; or ``(iii) fund hazard mitigation measures that the person determines to be necessary to meet a need for the services and functions of the person in the area affected by the major disaster.''. (e) Eligible Cost.--Section 406(e)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A)) is amended by striking ``public facility or private nonprofit facility'' and inserting ``public facility, private nonprofit facility, or private or investor-owned power facility''. SEC. 3. REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall promulgate regulations necessary to implement this Act and the amendments made by this Act. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided under subsection (b), this Act and the amendments made by this Act shall take effect 60 days after the date of enactment of this Act. (b) Regulations.--Section 3 shall take effect on the date of enactment of this Act.

Rate Payer Recovery Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to cite conditions under which the President is authorized to make disaster assistance contributions for the repair, restoration, reconstruction, or replacement of private or investor-owned power transmission and distribution facilities damaged or destroyed by a major disaster. Cites conditions for large in-lieu contributions to a private or investor-owned power facility in any case in which the owner determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility.

A bill to provide for disaster assistance for power transmission and distribution facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Act for Responsible Employment of 2009'' or the ``CARE Act of 2009''. SEC. 2. REVISED AGE REQUIREMENT FOR CHILD AGRICULTURAL EMPLOYMENT; REPEAL OF WAIVER PROVISION FOR HAND HARVEST LABORERS. (a) Revised Age Requirement.--Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) The provisions of section 12 relating to child labor shall apply to any employee under 18 years of age employed in agriculture unless the employee is employed by a parent of the employee or by a person standing in the place of the parent, on a farm owned or operated by the parent or person.''; and (2) by striking paragraph (2). (b) Repeal of Waiver Provision.--Section 13(c) of such Act (29 U.S.C. 213(c)) is further amended by striking paragraph (4). SEC. 3. INCREASED CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS. Paragraph (1) of section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``not to exceed'' and inserting ``of''; and (B) by amending clauses (i) and (ii) to read as follows: ``(i) not less than $500 and not more than $15,000 for each employee who was the subject of such a violation; or ``(ii) not less than $15,000 and not more than $50,000 with regard to each such violation that causes the serious injury, serious illness, or death of any employee under the age of 18 years, which penalty may be doubled where the violation is a repeated or willful violation.''; and (2) in subparagraph (B) by striking ``the term `serious injury' means'' and inserting ``the terms `serious injury' and `serious illness' mean''. SEC. 4. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AGGRAVATED CHILD LABOR VIOLATIONS. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (a), by striking ``Any person'' and inserting ``Except as provided in subsection (f), any person''; and (2) by adding at the end the following: ``(f) Any person who repeatedly or willfully violates any of the provisions of section 12, and such violations result in or contribute to the death or permanent disability of an employee under 18 years of age at the time of such violation, shall be subject to imprisonment for not more than five years or a fine under title 18, United States Code, or both.''. SEC. 5. REPORT TO CONGRESS ON WORK-RELATED INJURIES TO CHILDREN AND RELATED MATTERS. The Fair Labor Standards Act of 1938 is amended by inserting after section 12 (29 U.S.C. 212) the following new section: ``SEC. 12A. DATA ON WORK-RELATED INJURIES TO CHILDREN AND RELATED MATTERS. ``(a) Data Analysis.--Using the sources specified in subsection (b), the Secretary shall analyze data concerning children under the age of 18 who are employed in agriculture, and with respect to such children, each work-related injury, illness, or death. ``(b) Sources Specified.--The sources referred to in subsection (a) are the following: ``(1) Sources within the Department of Labor, including the Wage and Hour Division, the Bureau of Labor Statistics, and the Occupational Safety and Health Administration. ``(2) State employment security agencies and other relevant State agencies. ``(3) The National Institute for Occupational Safety and Health. ``(c) Report.--The Secretary shall submit an annual report to Congress which shall include-- ``(1) a summary of the data collected by the Secretary under this section and section 12B; ``(2) an evaluation, based on such data, that reflects the status of child labor and related safety and health hazards; and ``(3) any information, based on such data, that leads the Secretary to believe that children under 18 years of age may have been employed in violation of section 12. The Secretary shall publish each such report in the Federal Register and shall ensure that such reports are posted on the Department of Labor website.''. SEC. 6. EMPLOYER REPORTING REQUIREMENTS. The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 12A, as added by section 5, the following new section: ``SEC. 12B EMPLOYER REPORTING REQUIREMENTS. ``(a) Report.--Not later than 5 days after an event specified under subsection (b), the employer involved in the event shall submit a report to the Secretary in accordance with subsection (c). ``(b) Events Specified.--An event referred to in subsection (a) is-- ``(1) a work-related serious injury to an employee under 18 years of age employed in agriculture; ``(2) the discovery of a work-related serious illness of an employee under 18 years of age employed in agriculture; or ``(3) the work-related death of an employee under 18 years of age employed in agriculture. ``(c) Contents of Report.--The report required by subsection (a) shall include-- ``(1) the name and address of the employer; ``(2) the name, address, and age of the employee; ``(3) details relevant to the incident, to include environmental hazards, such as chemicals or pesticide exposure; use of machinery or tools at time of incident; work tasks performed at time of incident; and other details relating to the incident; and ``(4) such other information as the Secretary of Labor may by regulation prescribe. ``(d) Penalty for Failure To Report.--The Secretary may assess a civil penalty on any employer who fails to file a report as required by this section in an amount not less than $500 and not more than $7,000 per violation. ``(e) Definition.--As used in this section, the terms `serious injury' and `serious illness' have the meanings given such terms in section 16(e)(1)(B).''. SEC. 7. PESTICIDE-RELATED WORKER PROTECTION STANDARD. Congress finds and declares that the employment of children under the age of 18 in any occupation or under any circumstances inconsistent with the worker protection standard for workers exposed to pesticides in part 170 of title 40, Code of Federal Regulations, is particularly hazardous to such children and detrimental to their health and well- being. The Secretary of Labor shall, not later than 180 days after the date of enactment of this Act, revise part 570 of title 29, Code of Federal Regulations, to prohibit the employment of a child under the age of 18 in any occupation or under any circumstances not permitted by part 170 of title 40, Code of Federal Regulations. SEC. 8. APPLICATION OF FAIR LABOR STANDARDS AMENDMENTS. (a) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall issue final rules to implement the amendments made by sections 2 through 6 and the revision required by section 7. The rules issued under this subsection shall take effect not later than 30 days after the date on which the final rules are published in the Federal Register. (b) Violations.--The amendments made by sections 2, 3, 4, and 6 and the revision required by section 7 shall apply to violations of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that occur after the date on which the rules issued under subsection (a) take effect. (c) Rule of Construction.--Nothing in the amendments made by section 2, 3, 4, or 6 or in the revision required by section 7 shall be construed to preempt any State law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments or such revision. (d) Employer Reporting Requirements.--The employer reporting requirements of section 12B of the Fair Labor Standards Act of 1938, as added by section 6, shall take effect on the date on which the final rules issued under subsection (a) take effect. SEC. 9. EFFECTIVE DATE. This Act (other than section 8) and the amendments made by this Act shall take effect on the date that is 30 days after the regulations required under section 8 are published in the Federal Register.

Children's Act for Responsible Employment of 2009 or the CARE Act of 2009 - Amends the Fair Labor Standards Act of 1938 (FLSA) to repeal certain exemptions from child labor prohibitions for agricultural employment. Applies such child labor prohibitions with respect to any employee under 18 employed in agriculture unless employed by a parent or a person standing in place of a parent on a farm owned or operated by such parent or person. Eliminates any waiver of such prohibitions for hand-harvesting of certain crops. Increases civil and establishes criminal penalties for child labor violations. Directs the Secretary of Labor to analyze data and report to Congress on work-related injuries to children and related matters. Requires employers to report on work-related serious injuries, illnesses, or deaths of agricultural employees under age 18. Directs the Secretary to revise federal child labor regulations to prohibit the employment of children under 18 in occupations that prohibit exposure to pesticides.

To amend the Fair Labor Standards Act of 1938 to strengthen the provisions relating to child labor.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building a Stronger America Act''. SEC. 2. DEVELOPMENT OF SCIENCE PARKS. (a) Finding.--Section 2 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701) is amended by adding at the end the following: ``(12) It is in the best interests of the Nation to encourage the formation of science parks to promote the clustering of innovation through high technology activities.''. (b) Definition.--Section 4 of such Act (15 U.S.C. 3703) is amended by adding at the end the following: ``(14) `Business or industrial park' means a primarily for- profit real estate venture of businesses or industries which do not necessarily reinforce each other through supply chain or technology transfer mechanisms. ``(15) `Science park'-- ``(A) means a group of interrelated companies and institutions, including suppliers, service providers, institutions of higher education, start-up incubators, and trade associations that-- ``(i) cooperate and compete with each other; ``(ii) are located in a specific area or region that promotes real estate development, technology transfer, and partnerships between such companies and institutions; ``(B) includes a science park, research park, technology park, research and development park, research and technology park, and science and technology park; and ``(C) does not include a business or industrial park. ``(16) `Science park infrastructure' means facilities that support the daily economic activity of a science park.''. (c) Science Parks.--The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at the end the following: ``SEC. 24. SCIENCE PARKS. ``(a) Development of Plans for Construction of Science Parks.-- ``(1) In general.--The Secretary shall award grants for the development of feasibility studies and plans for the construction of new or expansion of existing science parks. ``(2) Limitation on amount of grants.--The amount of a grant awarded under this subsection may not exceed $750,000. ``(3) Award.-- ``(A) Competition required.--The Secretary shall award any grant under this subsection pursuant to a full and open competition. ``(B) Geographic dispersion.--The Secretary is encouraged to divide the grants awarded under this subsection among low, medium, and high population density States. ``(C) Advertising.--The Secretary shall advertise any competition under this paragraph in the Commerce Business Daily. ``(D) Selection criteria.--The Secretary shall publish the criteria to be utilized in any competition under this paragraph for the selection of recipients of grants under this subsection, which shall include requirements relating to-- ``(i) the number of jobs to be created at the science park each year during its first 5 years; ``(ii) the funding to be required to construct or expand the science park during its first 5 years; ``(iii) the amount and type of cost matching by the applicant; ``(iv) the types of businesses and research entities expected in the science park and surrounding community; ``(v) letters of intent by businesses and research entities to locate in the science park; ``(vi) the expansion capacity of the science park during a 25-year period; ``(vii) the quality of life at the science park for employees at the science park; ``(viii) the capability to attract a well trained workforce to the science park; ``(ix) the management of the science park; ``(x) expected risks in the construction and operation of the science park; ``(xi) risk mitigation; ``(xii) transportation and logistics; ``(xiii) physical infrastructure, including telecommunications; and ``(xiv) ability to collaborate with other science parks throughout the world. ``(4) Authorization of appropriations.--There are authorized to be appropriated $7,500,000 for each of the fiscal years 2008 through 2012 to carry out this subsection. ``(b) Loan Guarantees for Science Park Infrastructure.-- ``(1) In general.--The Secretary may guarantee up to 80 percent of the loan amount for loans exceeding $10,000,000 for projects for the construction of science park infrastructure. ``(2) Limitations on guarantee amounts.--The maximum amount of loan principal guaranteed under this subsection may not exceed-- ``(A) $50,000,000 with respect to any single project; and ``(B) $500,000,000 with respect to all projects. ``(3) Selection of guarantee recipients.--The Secretary shall select recipients of loan guarantees under this subsection based upon the ability of the recipient to collateralize the loan amount through bonds, equity, property, and other such criteria as the Secretary shall prescribe. Entities receiving a grant under subsection (a) are not eligible for a loan guarantee during the period of such grant. ``(4) Terms and conditions for loan guarantees.--The loans guaranteed under this subsection shall be subject to such terms and conditions as the Secretary may prescribe, except that-- ``(A) the final maturity of such loans made or guaranteed may not exceed the lesser of-- ``(i) 30 years and 32 days; or ``(ii) 90 percent of the useful life of any physical asset to be financed by such loan; ``(B) a loan made or guaranteed under this subsection may not be subordinated to another debt contracted by the borrower or to any other claims against the borrowers in the case of default; ``(C) a loan may not be guaranteed under this subsection unless the Secretary determines that the lender is responsible and that adequate provision is made for servicing the loan on reasonable terms and protecting the financial interest of the United States; ``(D) a loan may not be guaranteed under this subsection if-- ``(i) the income from such loan is excluded from gross income for purposes of chapter 1 of the Internal Revenue Code of 1986; or ``(ii) the guarantee provides significant collateral or security, as determined by the Secretary, for other obligations the income from which is so excluded; ``(E) any guarantee provided under this subsection shall be conclusive evidence that-- ``(i) the guarantee has been properly obtained; ``(ii) the underlying loan qualified for such guarantee; and ``(iii) absent fraud or material misrepresentation by the holder, the guarantee is presumed to be valid, legal, and enforceable; ``(F) the Secretary shall prescribe explicit standards for use in periodically assessing the credit risk of new and existing direct loans or guaranteed loans; ``(G) the Secretary may not extend credit assistance unless the Secretary has determined that there is a reasonable assurance of repayment; and ``(H) new loan guarantees may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required under section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c). ``(5) Payment of losses.-- ``(A) In general.--If, as a result of a default by a borrower under a loan guaranteed under this subsection, after the holder has made such further collection efforts and instituted such enforcement proceedings as the Secretary may require, the Secretary determines that the holder has suffered a loss, the Secretary shall pay to such holder the percentage of such loss specified in the guarantee contract. Upon making any such payment, the Secretary shall be subrogated to all the rights of the recipient of the payment. The Secretary shall be entitled to recover from the borrower the amount of any payments made pursuant to any guarantee entered into under this section. ``(B) Enforcement of rights.--The Attorney General shall take such action as may be appropriate to enforce any right accruing to the United States as a result of the issuance of any guarantee under this section. ``(C) Forbearance.--Nothing in this section may be construed to preclude any forbearance for the benefit of the borrower which may be agreed upon by the parties to the guaranteed loan and approved by the Secretary, if budget authority for any resulting subsidy costs (as defined under the Federal Credit Reform Act of 1990) is available. ``(D) Management of property.--Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of property by the United States, the Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, or sell any property acquired by the Secretary pursuant to the provisions of this section. ``(6) Review.--The Comptroller General of the United States shall, not later than 2 years after the date of the enactment of this section-- ``(A) conduct a review of the subsidy estimates for the loan guarantees under this subsection; and ``(B) submit to Congress a report on the review conducted under this paragraph. ``(7) Termination.--A loan may not be guaranteed under this subsection after September 30, 2012. ``(8) Authorization of appropriations.--There are authorized to be appropriated-- ``(A) $35,000,000 for the cost, as defined in section 502(5) of the Federal Credit Reform Act of 1990, of guaranteeing $500,000,000 of loans under this subsection; and ``(B) $6,000,000 for administrative expenses for fiscal year 2008, and such sums as are necessary for administrative expenses in subsequent years. ``(c) National Academy of Sciences Evaluation.-- ``(1) In general.--The Secretary shall enter into an agreement with the National Academy of Sciences under which the Academy shall evaluate, every 3 years, the activities under this section. ``(2) Tri-annual report.--Under the agreement entered into under paragraph (1), the Academy shall submit to the Secretary a report on its evaluation of science park development under that paragraph. Each report may include such recommendations as the Academy considers appropriate for additional activities to promote and facilitate the development of science parks in the United States. ``(d) Tri-Annual Report.--Not later than March 31 of every third year, the Secretary shall submit to Congress a report on the activities under this section during the preceding 3 years, including any recommendations made by the National Academy of Sciences under subsection (c)(2) during such period. Each report may include such recommendations for legislative or administrative action as the Secretary considers appropriate to further promote and facilitate the development of science parks in the United States. ``(e) Rulemaking.--Not later than 1 year after the date of the enactment of this section, the Secretary shall prescribe regulations to carry out this section in accordance with Office of Management and Budget Circular A-129, `Policies for Federal Credit Programs and Non- Tax Receivables'.''. SEC. 3. INTERNATIONAL PARTNERSHIP STUDY. The Director of the National Science Foundation shall enter into an arrangement with the National Academy of Sciences for a study of the successes of international partnerships among governments, industry, and academia in advancing the capabilities of science and technology in conjunction with a corresponding increase in business opportunities. Not later than 18 months after the date of enactment of this Act, the Director shall transmit to the Congress a report on the results of such study.

Building a Stronger America Act - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Commerce to award grants for the development of feasibility studies and plans for the construction of new or expansion of existing science parks. Allows the Secretary to guarantee up to 80% of the loan amount for loans exceeding $10 million for projects for the construction of such infrastructure. Directs the Secretary to enter into an agreement with the National Academy of Sciences (NAS) under which NAS shall evaluate, every three years, such development. Requires the Director of the National Science Foundation (NSF) to enter into an agreement with NAS to study the successes of international partnerships among governments, industry, and academia in advancing the capabilities of science and technology in conjunction with a corresponding increase in business opportunities.

To provide grants and loan guarantees for the development and construction of science parks to promote the clustering of innovation through high technology activities.

SECTION 1. FORT PRESQUE ISLE NATIONAL HISTORIC SITE, PENNSYLVANIA. (a) Short Title; Findings and Purposes.-- (1) Short title.--This Act may be cited as the ``Fort Presque Isle National Historic Site Act of 2008''. (2) Findings.--The Congress finds the following: (A) Fort Presque Isle was a frontier outpost located on Garrison Hill in the area of present-day Erie, Pennsylvania, which was the site of the American installations built in 1795 and 1796 and in the War of 1812. (B) General Anthony Wayne was a Revolutionary War hero who served under General George Washington and, at one point, was commanding general of the United States Army. He first arrived in the area of Presque Isle in 1786. (C) Legend has it that General Wayne was nicknamed ``Mad'' by his troops, not for being rash or foolish, but for his leadership and bravery on and off the battlefield. (D) The original blockhouse of Fort Presque Isle was built in 1795 by 200 Federal troops from General Wayne's army, under the direction of Captain John Grubb. It was the first blockhouse used as part of a defensive system established to counter Native American uprisings. It was also used during the War of 1812. (E) General Wayne was stricken ill at Fort Presque Isle and died there in 1796. At his request, his body was buried under the flagpole of the northwest blockhouse of the fort. (F) The original blockhouse of Fort Presque Isle burned in 1852, and the existing structure was built by the Commonwealth of Pennsylvania in 1880 as a memorial to General Wayne. (G) The Pennsylvania Historical and Museum Commission has recognized the reconstructed blockhouse as eligible for placement on the National Register of Historic Places. (3) Purposes.--The purposes of this section are the following: (A) To provide for reconstruction of the frontier fort at Presque Isle for the benefit, inspiration, and education of the people of the United States. (B) To preserve the original grave site of General ``Mad'' Anthony Wayne at Fort Presque Isle. (C) To broaden understanding of the historical significance of Fort Presque Isle. (b) Definitions.--In this section: (1) Historic site.--The term ``historic site'' means the Fort Presque Isle National Historic Site established by subsection (c). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Establishment of Fort Presque Isle National Historic Site.-- (1) Establishment.--There is established as a unit of the National Park System the Fort Presque Isle National Historic Site in Erie, Pennsylvania. (2) Description.-- (A) In general.--The historic site shall consist of land and improvements comprising the historic location of Fort Presque Isle, including the existing blockhouse replica at that location, as depicted on a map entitled ``____'', numbered ____ and dated ____, comprising approximately ____ acres. (B) Map and boundary description.--The map referred to in subparagraph (A) and accompanying boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service and any other office of the National Park Service that the Secretary determines to be an appropriate location for filing the map and boundary description. (d) Administration of the Historic Site.-- (1) In general.--The Secretary shall administer the historic site in accordance with this section and the provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.). (2) Cooperative agreements.--To further the purposes of this section, the Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution. (3) Technical and preservation assistance.-- (A) In general.--The Secretary may provide to any eligible person described in subparagraph (B) technical assistance for the preservation of historic structures of, the maintenance of the cultural landscape of, and local preservation planning for, the historic site. (B) Eligible persons.--The eligible persons described in this subparagraph are-- (i) an owner of real property within the boundary of the historic site, as described in subsection (c)(2); and (ii) any interested individual, agency, organization, or institution that has entered into an agreement with the Secretary pursuant to paragraph (2) of this subsection. (e) Acquisition of Real Property.--The Secretary may acquire by donation, exchange, or purchase with funds made available by donation or appropriation, such lands or interests in lands as may be necessary to allow for the interpretation, preservation, or restoration of the historic site. (f) General Management Plan.-- (1) In general.--Not later than the last day of the third full fiscal year beginning after the date of enactment of this Act, the Secretary shall, in consultation with the officials described in paragraph (2), prepare a general management plan for the historic site. (2) Consultation.--In preparing the general management plan, the Secretary shall consult with an appropriate official of each appropriate political subdivision of the State of Pennsylvania that has jurisdiction over all or a portion of the historic site. (3) Submission of plan to congress.--Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.

Fort Presque Isle National Historic Site Act of 2008 - Establishes the Fort Presque Isle National Historic Site in Erie, Pennsylvania, as a unit of the National Park System. Requires the Secretary of the Interior to prepare a general management plan for the Site.

To establish the Fort Presque Isle National Historic Site in the Commonwealth of Pennsylvania.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Regional Development Act Amendments of 2006''. SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM COMMISSION CONTRIBUTION. (a) Grants and Other Assistance.--Section 14321(a) of title 40, United States Code, is amended-- (1) in paragraph (1)(A), by striking clause (i) and inserting the following: ``(i) the amount of the grant shall not exceed-- ``(I) 50 percent of administrative expenses; ``(II) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which a distressed county designation is in effect under section 14526, 75 percent of administrative expenses; or ``(III) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which an at-risk county designation is in effect under section 14526, 70 percent of administrative expenses;''; and (2) in paragraph (2), by striking subparagraph (A) and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), of the cost of any activity eligible for financial assistance under this section, not more than-- ``(i) 50 percent may be provided from amounts appropriated to carry out this subtitle; ``(ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this subtitle; or ``(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this subtitle.''. (b) Demonstration Health Projects.--Section 14502 of title 40, United States Code, is amended-- (1) in subsection (d), by striking paragraph (2) and inserting the following: ``(2) Limitation on available amounts.--Grants under this section for the operation (including initial operating amounts and operating deficits, which include the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with amounts authorized by this section, may be made for up to-- ``(A) 50 percent of the cost of that operation; ``(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of the cost of that operation; or ``(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of the cost of that operation.''; and (2) in subsection (f), by adding at the end the following: ``(3) At-risk counties.--The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to the lesser of-- ``(A) 70 percent; or ``(B) the maximum Federal contribution percentage authorized by this section.''. (c) Assistance for Proposed Low- and Middle-Income Housing Projects.--Section 14503 of title 40, United States Code, is amended-- (1) in subsection (d), by striking paragraph (1) and inserting the following: ``(1) Limitation on available amounts.--A loan under subsection (b) for the cost of planning and obtaining financing (including the cost of preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts) of a project described in that subsection may be made for up to-- ``(A) 50 percent of that cost; ``(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of that cost; or ``(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of that cost.''; and (2) in subsection (e), by striking paragraph (1) and inserting the following: ``(1) In general.--A grant under this section for expenses incidental to planning and obtaining financing for a project under this section that the Secretary considers to be unrecoverable from the proceeds of a permanent loan made to finance the project shall-- ``(A) not be made to an organization established for profit; and ``(B) except as provided in paragraph (2), not exceed-- ``(i) 50 percent of those expenses; ``(ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of those expenses; or ``(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent of those expenses.''. (d) Telecommunications and Technology Initiative.--Section 14504 of title 40, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.''. (e) Entrepreneurship Initiative.--Section 14505 of title 40, United States Code, is amended by striking subsection (c) and inserting the following: ``(c) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.''. (f) Regional Skills Partnerships.--Section 14506 of title 40, United States Code, is amended by striking subsection (d) and inserting the following: ``(d) Limitation on Available Amounts.--Of the cost of any activity eligible for a grant under this section, not more than-- ``(1) 50 percent may be provided from amounts appropriated to carry out this section; ``(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; or ``(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.''. (g) Supplements to Federal Grant Programs.--Section 14507(g) of title 40, United States Code, is amended by adding at the end the following: ``(3) At-risk counties.--The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to 70 percent.''. SEC. 3. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG COUNTIES. (a) Designation of At-Risk Counties.--Section 14526 of title 40, United States Code, is amended-- (1) in the section heading, by inserting ``, at-risk,'' after ``Distressed''; and (2) in subsection (a)(1) -- (A) by redesignating subparagraph (B) as subparagraph (C); (B) in subparagraph (A), by striking ``and'' at the end; and (C) by inserting after subparagraph (A) the following: ``(B) designate as `at-risk counties' those counties in the Appalachian region that are most at risk of becoming economically distressed; and''. (b) Conforming Amendment.--The analysis for chapter 145 of such title is amended by striking the item relating to section 14526 and inserting the following: ``14526. Distressed, at-risk, and economically strong counties.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 14703(a) of title 40, United States Code, is amended to read as follows: ``(a) In General.--In addition to amounts made available under section 14501, there are authorized to be appropriated to the Appalachian Regional Commission to carry out this subtitle-- ``(1) $95,200,000 for fiscal year 2007; ``(2) $98,600,000 for fiscal year 2008; ``(3) $102,000,000 for fiscal year 2009; ``(4) $105,700,000 for fiscal year 2010; and ``(5) $109,400,000 for fiscal year 2011.''. (b) Allocation of Funds.--Section 14703 of such title is amended by adding at the end the following: ``(d) Allocation of Funds.--Funds approved by the Commission for a project in an Appalachian State pursuant to congressional direction shall be derived from such State's portion of the Commission's allocation of appropriated amounts among the States.''. SEC. 5. TERMINATION. Section 14704 of title 40, United States Code, is amended by striking ``2006'' and inserting ``2011''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act take effect on October 1, 2006.

Appalachian Regional Development Act Amendments of 2006 - Limits the maximum Appalachian Regional Commission non-highway grant amount for designated at-risk counties to 70%. Directs the Commission to designate as "at-risk counties" those counties in the Appalachian region that are most at risk of becoming economically distressed. Authorizes additional appropriations to the Commission through FY2011 to carry out Appalachian regional development. Extends, for five years, the termination date of the Appalachian Regional Development Act of 1965 (with exceptions for the Appalachian development highway system and certain definitions).

To reauthorize and improve the program authorized by the Appalachian Regional Development Act of 1965.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Customer Service Improvement Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency''-- (A) means an Executive agency (as defined under section 105 of title 5, United States Code) that provides significant services directly to the public or other entity; and (B) does not include an Executive agency if the President determines that this Act should not apply to the Executive agency for national security reasons. (2) Customer.--The term ``customer'', with respect to an agency, means any individual or entity that is directly served by an agency. SEC. 3. DEVELOPMENT OF CUSTOMER SERVICE STANDARDS. (a) Government-Wide Standards.-- (1) In general.--The Director of the Office of Management and Budget shall develop Government-wide standards for customer service delivery, which shall be included in the Federal Government Performance Plan required under section 1115 of title 31, United States Code. (2) Requirements.--The standards developed under paragraph (1) shall include-- (A) Government-wide goals for continuous service improvements and efforts to modernize service delivery; and (B) where appropriate, Government-wide target response times for telephone calls, electronic mail, mail, benefit processing, and payments. (b) Agency Standards.-- (1) In general.--The Performance Improvement Officer for each agency shall establish customer service standards in accordance with the Government-wide standards developed under subsection (a), which shall be included in the Agency Performance Plans required under section 1115 of title 31, United States Code. (2) Requirements.--Agency standards established under paragraph (1) shall include, if appropriate-- (A) target call wait times during peak and non-peak hours; (B) target response times for correspondence, both by mail and electronic mail; (C) procedures for ensuring all applicable metrics are incorporated into service agreements with nongovernmental individuals and entities; (D) target response times for processing benefits and making payments; and (E) recommendations for effective publication of customer service contact information, including a mailing address, telephone number, and email address. (c) Customer Service Input.-- (1) Establishment.--The Director of the Office of Management and Budget shall establish a Customer Service Feedback Pilot Program. The pilot program shall include participation by the Internal Revenue Service and a minimum of two additional agencies selected by the Director and shall continue for a period of at least three years. The Director shall require participating agencies to implement a customer service feedback system to collect information from customers of the agency regarding the quality of customer service provided by the agency, including-- (A) information on the extent to which agency performance complies with the Government-wide standards developed under subsection (a); and (B) feedback on the quality of customer service provided by the agency employee or employees with whom the customer interacted. (2) Limitation.--An agency may not publish or make publically available information collected under the feedback system that is specific to a named employee. (3) Additional information in performance report.--In developing the performance report made available by the agency under section 1116 of title 31, United States Code, each agency-- (A) shall include the information collected under this subsection; and (B) may include aggregate data collected under paragraph (1)(B) without including names of specific agency employees. (4) Report to congress on customer service feedback pilot program.--Not later than two years after the implementation of the Customer Service Feedback Pilot Program established under this subsection, the Comptroller General shall submit to Congress a report assessing the pilot program and a recommendation on whether such program should be expanded Government-wide. (d) Annual Performance Update.--The Director of the Office of Management and Budget shall include achievements by agencies in meeting the customer service performance standards developed under subsection (a) in each update on agency performance required under section 1116 of title 31, United States Code. SEC. 4. PERFORMANCE APPRAISAL. Compliance with customer service standards developed under this Act shall be included in employee appraisal systems establish by agencies, including the performance appraisal systems referred to in chapter 43 of title 5, United States Code. SEC. 5. SERVICE IMPROVEMENT UNIT PILOT PROGRAM. (a) Established.--The Director of the Office of Management and Budget shall establish a pilot program, to be known as the Service Improvement Unit Pilot Program (in this section referred to as the ``pilot program''), to provide assistance to agencies that do not meet the Government-wide standards developed under section 3. (b) Personnel.--The heads of agencies with expertise in change management, process improvement, and information technology innovation shall detail employees to the Office of Management and Budget to work on the pilot program, based on the expertise and skills required to address service improvement goals. (c) Responsibilities.--Under the pilot program, the Office of Management and Budget shall work with agencies that are not meeting the customer service standards developed under section 3 to improve and modernize service delivery to develop solutions, including-- (1) evaluating the efforts of the agency to improve service delivery; (2) developing a plan to improve within existing resources and by drawing on expertise and assistance from other agencies (including the Office of Management and Budget) where necessary; (3) monitoring implementation by the agency of the plan developed under paragraph (2) until the customer service standards are met; and (4) submitting to the Director of the Office of Management and Budget monthly reports on the progress being made to improve service at the agency until the customer service standards are met. (d) Report.--Not later than 2 years after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on the accomplishments and outcomes of the pilot program and any recommendations relating to achieving the customer service standards developed under section 3. (e) Support.--The Administrator of General Services shall provide administrative and other support in order to implement the pilot program under this section. The heads of agencies shall, as appropriate and to the extent permitted by law, provide at the request of the Director of the Office of Management and Budget up to 2 personnel authorizations who have expertise in change management, process improvement, and information technology innovation to support the pilot program. (f) Termination.--The authority to carry out the pilot program shall terminate 2 years after the date of enactment of this Act. SEC. 6. RETIREMENT REPORTING. (a) Definition.--In this section, the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (b) Reports.-- (1) In general.--Except as provided in paragraph (2) and not later than 90 days after the date of enactment of this Act, and every month thereafter, the Director of the Office of Personnel Management shall submit to Congress and the Comptroller General of the United States, and issue publicly (including on the website of the Office of Personnel Management), a report that-- (A) for each agency, evaluates the timeliness, completeness, and accuracy of information submitted by the agency relating to employees of the agency who are retiring; and (B) indicates-- (i) the total number of applications for retirement benefits, lump sum death benefits, court ordered benefits, phased retirement, and disability retirement that are pending action by the Office of Personnel Management; and (ii) the number of months each such application has been pending. (2) Suspension of reporting requirement.--Paragraph (1) shall not apply to the Director of the Office of Personnel Management for any month immediately following an 18-month period in which the average processing time of applications described in paragraph (1)(B) reaches 90 days or less. (c) Modernization Timeline.--The Director of the Office of Personnel Management shall establish-- (1) a timetable for the completion of each component of the customer-focused retirement processing system of the Office of Personnel Management, including all data elements required for accurate completion of adjudication; and (2) the date by which all Federal payroll processing entities will electronically transmit all personnel data to the Office of Personnel Management. (d) Budget Request.--The Office of Personnel Management shall include a detailed statement regarding the progress of the Office of Personnel Management in completing the customer-focused retirement processing system of the Office of Personnel Management in each budget request of the Office of Personnel Management submitted as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code. SEC. 7. NO INCREASE IN EXPENDITURES. No additional funds are authorized to carry out this Act. This Act shall be carried out using amounts otherwise authorized or appropriated. Passed the House of Representatives July 31, 2013. Attest: KAREN L. HAAS, Clerk.

Government Customer Service Improvement Act of 2013 - Requires the Director of the Office of Management and Budget (OMB) to develop government-wide standards for customer service delivery, which shall be included in the Federal Government Performance Plan. Requires such standards to include: (1) government-wide goals for continuous service improvements and efforts to modernize service delivery; and (2) government-wide target response times for telephone calls, electronic mail, mail, benefit processing, and payments. Directs: (1) the Performance Improvement Officer for each executive agency to establish customer service standards in accordance with such government-wide standards, which shall be included in agency performance plans; (2) the Director of OMB to establish a Customer Service Feedback Pilot Program which shall include participation by the Internal Revenue Service (IRS) and two additional agencies to collect information from agency customers on the quality of customer service provided; and (3) the Director to include agency achievements in meeting customer service performance standards in each required update on agency performance. Requires: (1) compliance with customer service standards developed under this Act to be included in agency employee appraisal systems, (2) the Director of OMB to establish a two-year Service Improvement Unit Pilot Program to provide assistance to agencies that do not meet such government-wide customer service standards, and (3) the Administrator of General Services (GSA) to provide administrative and other support to implement such Program. Requires the Director of the Office of Personnel Management (OPM) to: (1) submit to Congress and the Comptroller General (GAO) and issue publicly every month a report on information submitted by each federal agency about its employees who are retiring and pending applications for retirement benefits, (2) establish a timetable for completion of OPM's customer-focused retirement processing system and a deadline by which all federal payroll processing entities will electronically transmit all personnel data to OPM, and (3) include in each OPM annual budget request a statement on progress in completing its customer-focused retirement processing system.

Government Customer Service Improvement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Four Corners Interpretive Center Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Four Corners Monument is nationally significant as the only geographic location in the United States where 4 State boundaries meet; (2) the States with boundaries that meet at the Four Corners area are Arizona, Colorado, New Mexico, and Utah; (3) between 1868 and 1875 the boundary lines that created the Four Corners were drawn, and in 1899 a monument was erected at the site; (4) a United States postal stamp will be issued in 1999 to commemorate the centennial of the original boundary marker; (5) the Four Corners area is distinct in character and possesses important historical, cultural, and prehistoric values and resources within the surrounding cultural landscape; (6) although there are no permanent facilities or utilities at the Four Corners Monument Tribal Park, each year the park attracts approximately 250,000 visitors; (7) the area of the Four Corners Monument Tribal Park falls entirely within the Navajo Nation or Ute Mountain Ute Tribe reservations; (8) the Navajo Nation and the Ute Mountain Ute Tribe have entered into a Memorandum of Understanding governing the planning and future development of the Four Corners Monument Tribal Park; (9) in 1992, through agreements executed by the governors of Arizona, Colorado, New Mexico, and Utah, the Four Corners Heritage Council was established as a coalition of State, Federal, tribal, and private interests; (10) the State of Arizona has obligated $45,000 for planning efforts and $250,000 for construction of an interpretive center at the Four Corners Monument Tribal Park; (11) numerous studies and extensive consultation with American Indians have demonstrated that development at the Four Corners Monument Tribal Park would greatly benefit the people of the Navajo Nation and the Ute Mountain Ute Tribe; (12) the Arizona Department of Transportation has completed preliminary cost estimates that are based on field experience with rest-area development for the construction for a Four Corners Monument Interpretive Center and surrounding infrastructure, including restrooms, roadways, parking, water, electrical, telephone, and sewage facilities; (13) an interpretive center would provide important educational and enrichment opportunities for all Americans; and (14) Federal financial assistance and technical expertise are needed for the construction of an interpretive center. (b) Purposes.--The purposes of this Act are-- (1) to recognize the importance of the Four Corners Monument and surrounding landscape as a distinct area in the heritage of the United States that is worthy of interpretation and preservation; (2) to assist the Navajo Nation and the Ute Mountain Ute Tribe in establishing the Four Corners Interpretive Center and related facilities to meet the needs of the general public; (3) to highlight and showcase the collaborative resource stewardship of private individuals, Indian tribes, universities, federal agencies, and the governments of States and political subdivisions thereof (including counties); and (4) to promote knowledge of the life, art, culture, politics, and history of the culturally diverse groups of the Four Corners region. SEC. 3. DEFINITIONS. As used in this Act: (1) Center.--The term ``Center'' means the Four Corners Interpretive Center established under section 4, including restrooms, parking areas, vendor facilities, sidewalks, utilities, exhibits, and other visitor facilities. (2) Four corners heritage council.--The term ``Four Corners Heritage Council'' means the nonprofit coalition of Federal, State, and tribal entities established in 1992 by agreements of the Governors of the States of Arizona, Colorado, New Mexico, and Utah. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Recipient.--The term ``Recipient'' means the State of Arizona, Colorado, New Mexico, or Utah, or any consortium of two or more of these states. (5) Four corners monument.--The term ``Four Corners Monument'' means the physical monument where the boundaries of the states of Arizona, Colorado, New Mexico and Utah meet. (6) Four corners monument tribal park.--The term ``Four Corners Monument Tribal Park'' means lands within the legally defined boundary of the Four Corners Monument Tribal Park. SEC. 4. FOUR CORNERS MONUMENT INTERPRETIVE CENTER. (a) Establishment.--Subject to the availability of appropriations, the Secretary is authorized to establish within the boundaries of the Four Corners Monument Tribal Park a center for the interpretation and commemoration of the Four Corners Monument, to be known as the ``Four Corners Interpretive Center''. (b) Land Designated and Made Available.--Land for the Center shall be designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe within the boundary of the Four Corners Monument Tribal Park in consultation with the Four Corners Heritage Council and in accordance with-- (1) the memorandum of understanding between the Navajo Nation and the Ute Mountain Ute Tribe that was entered into on October 22, 1996; and (2) applicable supplemental agreements with the Bureau of Land Management, the National Park Service, the United States Forest Service. (c) Concurrence.--Notwithstanding any other provision of this act, no such center shall be established without the consent of the Navajo Nation and the Ute Mountain Ute Tribe. (d) Components of Center.--The Center shall include-- (1) a location for permanent and temporary exhibits depicting the archaeological, cultural, and natural heritage of the Four Corners region; (2) a venue for public education programs; (3) a location to highlight the importance of efforts to preserve southwestern archaeological sites and museum collections; (4) a location to provide information to the general public about cultural and natural resources, parks, museums, and travel in the Four Corners region; and (5) visitor amenities including restrooms, public telephones, and other basic facilities. SEC. 5. CONSTRUCTION GRANT. (a) Grant.--The Secretary is authorized to award a Federal grant to the recipient described in section 3(4) for up to 50 percent of the cost to construct the Center. To be eligible for the grant, the recipient shall provide assurances that-- (1) the non-Federal share of the costs of construction is paid from non-Federal sources. The non-Federal sources may include contributions made by States, private sources, the Navajo Nation and the Ute Mountain Ute Tribe for planning, design, construction, furnishing, startup, and operational expenses; (2) the aggregate amount of non-Federal funds contributed by the States used to carry out the activities specified in subparagraph (A) will not be less than $2,000,000, of which each of the states that is party to the grant will contribute equally in cash or in kind; (3) States may use private funds to meet the requirements of paragraph (2); and (4) the State of Arizona may apply $45,000 authorized by the State of Arizona during fiscal year 1998 or fiscal year 1999 for planning and $250,000 that is held in reserve by that State for construction towards the Arizona share. (b) Grant Requirements.--In order to receive a grant under this act, the recipient shall-- (1) submit to the Secretary a proposal that meets all applicable-- (A) laws, including building codes and regulations; (B) requirements under the Memorandum of Understanding described in paragraph (2) of this subsection; and (C) provides such information and assurances as the Secretary may require; (2) enter into a Memorandum of Understanding (MOU) with the Secretary providing-- (A) a timetable for completion of construction and opening of the Center; (B) assurances that design, architectural and construction contracts will be competitively awarded; (C) specifications meeting all applicable Federal, State, and local building codes and laws; (D) arrangements for operations and maintenance upon completion of construction; (E) a description of center collections and educational programming; (F) a plan for design of exhibits including, but not limited to, collections to be exhibited, security, preservation, protection, environmental controls, and presentations in accordance with professional museum standards; (G) an agreement with the Navajo Nation and the Ute Mountain Ute Tribe relative to site selection and public access to the facilities; and (H) a financing plan developed jointly by the Navajo Nation and the Ute Mountain Ute Tribe outlining the long-term management of the Center, including but not limited to-- (i) the acceptance and use of funds derived from public and private sources to minimize the use of appropriated or borrowed funds; (ii) the payment of the operating costs of the Center through the assessment of fees or other income generated by the Center; (iii) a strategy for achieving financial self-sufficiency with respect to the Center by not later than 5 years after the date of enactment of this Act; and (iv) appropriate vendor standards and business activities at the Four Corners Monument Tribal Park. SEC. 6. SELECTION OF GRANT RECIPIENT. The Secretary is authorized to award a grant in accordance with the provisions of this Act. The Four Corners Heritage Council may make recommendations to the Secretary on grant proposals regarding the design of facilities at the Four Corners Monument Tribal Park. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated to carry out this Act-- (1) $2,000,000 for fiscal year 2000; and (2) $50,000 for each of fiscal years 2001-2005 for maintenance and operation of the center, program development, or staffing in a manner consistent with the requirements of section 5(b). (b) Carryover.--Funds made available under this section that are unexpended at the end of the fiscal year for which those funds are appropriated may be used by the Secretary through fiscal year 2002 for the purposes for which those funds were made available. (c) Reservation of Funds.--The Secretary may reserve funds appropriated to carry out this Act until a proposal meeting the requirements of this Act is submitted, but no later than September 30, 2001. SEC. 8. DONATIONS. Notwithstanding any other provision of law, for purposes of the planning, construction, and operation of the Center, the Secretary may accept, retain, and expand donations of funds, and use property or services donated from private persons and entities or from public entities. SEC. 9. STATUTORY CONSTRUCTION. Nothing in this Act is intended to abrogate, modify, or impair any right or claim of the Navajo Nation or the Ute Mountain Ute Tribe, that is based on any law (including any treaty, Executive order, agreement, or Act of Congress).

Authorizes the Secretary, under specified conditions, to award a Federal grant to a recipient (Arizona, Colorado, New Mexico, or Utah, or any consortium of two or more of these States) for up to 50 percent of the cost to construct the Center. Authorizes appropriations.

Four Corners Interpretive Center Act

SECTION 1. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45J. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. ``(a) In General.--For purposes of section 38, in the case of an eligible business the clean-fuel credit determined under this section for the taxable year is the sum of-- ``(1) the clean-fuel property credit, plus ``(2) the clean-burning fuel use credit. ``(b) Clean-Fuel Property Credit.-- ``(1) In general.--The clean-fuel property credit is the sum of-- ``(A) qualified vehicle property costs, plus ``(B) qualified refueling property costs. ``(2) Qualified vehicle property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified vehicle property costs' means the amount paid or incurred by the eligible business for qualified clean-fuel vehicle property which is placed in service during the taxable year by the eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Limitation.--The amount which may be taken into account under subparagraph (A) with respect to any motor vehicle shall not exceed-- ``(i) $2,000 in the case of a motor vehicle not described in clause (ii) or (iii), ``(ii) $5,000 in the case of any truck or van with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds, or ``(iii) $50,000 in the case of-- ``(I) a truck or van with a gross vehicle weight rating greater than 26,000 pounds, or ``(II) any bus which has a seating capacity of at least 20 adults (not including the driver). ``(C) Qualified clean-fuel vehicle property.--The term `qualified clean-fuel vehicle property' shall have the meaning given to such term by section 179A(c) (without regard to paragraph (3) thereof), except that such term does not include property that is a motor vehicle propelled by a fuel that is not a clean-burning fuel. ``(3) Qualified refueling property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified refueling property costs' means amounts paid or incurred by the eligible business for qualified clean-fuel vehicle refueling property (as defined by section 179A(d)) which is placed in service in a nonattainment area during the taxable year by the eligible business. ``(B) Limitation.-- ``(i) In general.--The aggregate cost which may be taken into account under subparagraph (A) with respect to qualified clean-fuel vehicle refueling property placed in service by the eligible business during the taxable year at a location shall not exceed the lesser of-- ``(I) $100,000, or ``(II) the cost of such property reduced by the amount described in clause (ii). ``(ii) Reduction for amounts previously taken into account.--For purposes of clause (i)(II), the amount described in this clause is the sum of-- ``(I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and ``(II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. ``(iii) Special rules.--For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. ``(c) Clean-Burning Fuel Use Credit.-- ``(1) In general.--For purposes of subsection (a), the clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible business during the taxable year to propel qualified clean-fuel vehicle property. ``(2) Clean-burning fuel.--For purposes of paragraph (1), the term `clean-burning fuel' has the meaning given to such term by section 179A, except that such term includes compressed natural gas and biodiesel (as defined by section 40A(d)(1)). ``(3) Gasoline gallon equivalent.--For purposes of paragraph (1), the term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(d) Other Definitions.--For purposes of this section-- ``(1) Eligible business.--The term `eligible business' means-- ``(A) a qualified business entity or a qualified proprietorship (as such terms are defined by section 1397C, determined by substituting `nonattainment area' for `empowerment zone' and `enterprise zone' each place it appears), and ``(B) a trade or business located outside of a nonattainment area, but only with respect to qualified clean-fuel vehicle property used substantially within a nonattainment area. ``(2) Nonattainment area.--The term `nonattainment area' shall have the meaning given to such term by section 171 of the Clean Air Act (42 U.S.C. 7501). ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(20) the clean-fuel credit determined under section 45J.''. (c) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection: ``(e) Zone Clean Fuels Expenses.--No deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45J.''. (d) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Special rules for clean fuels credit.-- ``(A) In general.--In the case of the clean fuels credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraph (A) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the clean fuels credit). ``(B) Clean fuels credit.--For purposes of this subsection, the term `clean fuels credit' means the credit allowable under subsection (a) by reason of section 45J.''. (2) Conforming amendments.-- (A) Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by striking ``or the New York Liberty Zone business employee credit'' and inserting ``, the New York Liberty Zone business employee credit, or the clean fuels credit''. (B) Subclause (II) of section 38(c)(3)(A)(ii) of such Code is amended by inserting ``or the clean fuels credit'' after ``employee credit''. (C) Subclause (II) of section 38(c)(4)(A)(ii) of such Code is amended by inserting ``or the clean fuels credit'' after ``specified credits''. (e) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding after paragraph (12) the following new paragraph: ``(13) the clean fuels credit determined under section 45J.''. (f) Conforming Amendment.--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 45I the following new item: ``Sec. 45J. Clean-fuel credit with respect to businesses located in nonattainment areas.''. (g) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2004.

Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and clean-burning fuel. Allows the credit to be taken against regular and alternative minimum tax liabilities. Allows a tax deduction for any unused clean fuel credit amounts.

To amend the Internal Revenue Code of 1986 to provide a business credit relating to the use of clean-fuel vehicles by businesses within areas designated as nonattainment areas under the Clean Air Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Claims Continuation Act''. SEC. 2. CONTINUATION OF CLAIM AND SUBSTITUTION OF PARTIES UPON DEATH OF APPLICANT FOR BENEFITS. (a) In General.--Chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5127. Deaths of applicants for benefits: continuation of claims and substitution of parties ``(a) In the case of a claim for monetary benefits (other than insurance and servicemember's indemnity) under laws administered by the Secretary that was submitted to the Secretary by a claimant who dies on or after the date of the enactment of the Veterans' Claims Continuation Act and before a decision on that claim becomes final in accordance with section 7291 of this title, the claim shall not be extinguished if, within one year of the claimant's death, an eligible person submits an application to the Secretary, or submits a motion to a court with jurisdiction over the claim, to be substituted as the claimant in order to continue prosecution of that claim. The Secretary or the court, as the case may be, shall approve any such application submitted by an eligible person. ``(b)(1) For purposes of this section and section 7270 of this title, subject to paragraph (2), the term `eligible person' means any of the following individuals: ``(A) The surviving spouse. ``(B) Surviving children who have attained the age of 21. ``(C) A surviving parent. ``(D) The executor, administrator or other legal representative of the deceased claimant's estate. ``(E) The next of kin of the veteran. ``(2) In a case where more than one individual referred to in paragraph (1) submits an application or motion under subsection (a) to be substituted as a claimant, the eligible person shall be determined in the order listed in subparagraphs (A) through (E) of paragraph (1). ``(c) Upon being notified of the death of a claimant, the Secretary shall send a notice to the estate of the decedent at the decedent's last know address and to the authorized representative of the decedent, if any, informing the estate and the representative that the claim will be dismissed unless an application for substitution as the claimant is received by the Secretary within one year of the claimant's death. If the Secretary has actual knowledge of the name and last known address of the surviving spouse, surviving children, surviving parent, or the legal representative of the decedent's estate, a copy of such notice shall be mailed or delivered to each such person. An application under this section for substitution as the claimant on a claim must be filed within one year after the date of the claimant's death. ``(d) A person named as a substitute claimant under section (a) shall be accorded all the rights and responsibilities of the original claimant. ``(e) If benefits are payable as a result of a decision on a claim by a substituted claimant named under this section, such benefits shall be paid as follows: ``(1) If the deceased claimant was claiming benefits as a veteran, to the living person first listed below: ``(A) The veteran's spouse. ``(B) The veteran's children (in equal shares). ``(C) The veteran's dependent parents (in equal shares). ``(2) If the deceased claimant was claiming benefits as the surviving spouse of a veteran, to the surviving children of the deceased veteran (in equal shares). ``(3) If the deceased claimant was claiming benefits under chapter 18 of this title as the child of a veteran, to the surviving parents of the child (in equal shares). ``(4) If there is no beneficiary who meets the criteria of paragraphs (1), (2), and (3) and in all other cases, to the decedent's estate, unless the estate will escheat. ``(f) No part of any benefit payable to a person as a result of being substituted as the claimant on a claim under this section shall be used to reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of the deceased claimant. ``(g) Upon the appointment of a substitute claimant, the Secretary shall notify the person substituted as the claimant as to the evidence or information necessary to substantiate the pending claim. If such information or evidence is not received within one year from the date of such notification, no benefits may be paid on the claim.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``5127. Deaths of applicants for benefits: continuation of claims and substitution of parties.''. SEC. 3. PAYMENT OF ACCRUED BENEFITS APPLICABLE TO DEATHS BEFORE DATE OF ENACTMENT. (a) In General.--Subsection (a) of section 5121 of title 38, United States Code, is amended-- (1) in the matter preceding paragraph (1), by striking ``periodic monetary benefits'' and all that follows through ``be paid'' and inserting ``accrued benefits of a deceased individual who died before the date of the enactment of the Veterans' Claims Continuation Act that are due and unpaid for a period not to exceed two years shall be paid''; and (2) in paragraph (5), by striking ``only so much'' and all that follows through ``burial'' and inserting ``to the decedent's estate, unless the estate will escheat''. (b) Definition of Accrued Benefits.--Such section is further amended by adding at the end the following new subsection: ``(d) For purposes of this section and section 5122 of this title, the term `accrued benefits', with respect to a deceased individual, means periodic monetary benefits (other than insurance and servicemember's indemnity) under laws administered by the Secretary to which the deceased individual was entitled at death under existing ratings or decisions or based on evidence in the file at date of death.''. SEC. 4. SUBSTITUTION OF SURVIVOR IN CASES PENDING BEFORE A COURT. (a) In General.--(1) Subchapter II of chapter 72 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7270. Cases pending on death of claimant: substitution of parties ``(a) If a claimant dies before filing an appeal under section 7266 of this title, an eligible person may file an appeal as a substituted claimant for the decedent within the time period specified under section 7266 of this title. If an appellant or respondent dies while a claim is pending before a court and before a final decision is rendered under section 7291 of this title, an eligible person may move the court for substitution of claimant in the pending action. Any such appeal to the United States Court of Appeals for Veterans Claims or to the United States Court of Appeals for the Federal Circuit must be filed within the time period prescribed by sections 7266 and 7292 of this title, respectively, or within one year of the claimant's death, whichever is earlier. ``(b) In any case in which a final decision under section 7291 of this title has not been made, an eligible person may move a court to be substituted as the appellant (or respondent as the case may be) for an appellant or respondent who dies while an appeal is pending. The court shall, upon filing of a timely motion, appoint an eligible person to substitute as the claimant to continue prosecution or defense of that claim. ``(c) Nothing in this section shall require or authorize substitution for a deceased claimant if a final decision under section 7291 of this title has been entered before the filing of a motion for substitution. ``(d) In this section, the term `eligible person' has the meaning given that term in section 5127(b) of this title.''. (2) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``7270. Cases pending on death of claimant: substitution of parties.''. (b) Effective Date.--Section 7270 of title 38, United States Code, as added by subsection (a), shall apply with respect to deaths of claimants on or after the date of the enactment of this Act.

Veterans' Claims Continuation Act - Authorizes the substitution of any of the following parties in the case of a veteran's claim for benefits provided through the Department of Veterans Affairs when the original claimant dies while the claim is pending: (1) the surviving spouse; (2) any surviving child at least 21 years of age; (3) a surviving parent; (4) the legal representative of the deceased claimant's estate; or (5) the next of kin of the veteran. Requires: (1) the substituting party to file a substitution application or motion within one year of the original claimant's death; and (2) the Secretary of Veterans Affairs to notify the estate and legal representative of the deceased claimant that the claim will be dismissed if a substitute application or motion is not filed within such time period.Authorizes: (1) the payment of accrued benefits in the case of deaths occurring before the date of enactment of this Act; and (2) the substitution of the above eligible parties in cases pending before a U.S. Circuit Court or the U.S. Court of Appeals for Veterans Claims.

To amend title 38, United States Code, to allow for substitution of parties in the case of a claim for benefits provided by the Department of Veterans Affairs when the applicant for such benefits dies while the claim is pending, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Savings Accounts Act of 2013''. SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO DISASTER SAVINGS ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. DISASTER SAVINGS ACCOUNTS. ``(a) Deduction Allowed.--In the case of an eligible individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid during such taxable year by or on behalf of such individual to a disaster savings account of such individual. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a deduction under subsection (a) to an individual for the taxable year shall not exceed $5,000. ``(2) Partial year of eligibility.--In the case of an individual who is an eligible individual for only a portion of the taxable year, the limitation under paragraph (1) shall be the same proportion of $5,000 as such portion bears to the entire taxable year. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual if such individual occupied any residence in the United States at any time during the taxable year. ``(d) Disaster Savings Account.--For purposes of this section-- ``(1) In general.--The term `disaster savings account' means a trust created or organized in the United States as a disaster savings account exclusively for the purpose of paying the qualified disaster expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: ``(A) Except in the case of a rollover contribution described in subsection (f)(5), no contribution will be accepted-- ``(i) unless it is in cash, or ``(ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar limitation in effect under subsection (b). ``(B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in life insurance contracts. ``(D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(E) The interest of an individual in the balance in his account is nonforfeitable. ``(2) Qualified disaster expenses.--The term `qualified disaster expenses' means-- ``(A) disaster mitigation expenses, and ``(B) disaster recovery expenses. ``(3) Disaster mitigation expenses.--The term `disaster mitigation expenses' means expenses for any of the following with respect to the residence referred to in subsection (c): ``(A) Safe rooms. ``(B) Opening protection, including impact and wind resistant windows, exterior doors, and garage doors. ``(C) Reinforcement of roof-to-wall and floor-to- wall connections for wind or seismic activity. ``(D) Roof covering for impact, fire, or high wind resistance. ``(E) Cripple and shear walls to resist seismic activity. ``(F) Flood resistant building materials. ``(G) Elevating structures and utilities above base flood elevation. ``(H) Fire resistant exterior wall assemblies/ systems. ``(I) Lightning protection systems. ``(J) Whole home standby generators. ``(K) Any activity specified by the Secretary as appropriate to mitigate the risks of future hazards (including earthquake, flood, hail, hurricane, lightning, power outage, tornado, and wildfire) and other natural disasters. ``(4) Disaster recovery expenses.--The term `disaster recovery expenses' means with respect to the residence referred to in subsection (c) any expense incurred to replace or repair disaster-related uninsured personal casualty personal losses totaling $3,000 or greater. ``(5) Disaster-related uninsured personal casualty loss.-- The term `disaster-related uninsured personal casualty loss' means a personal casualty loss (as defined in section 165(h)(4)(B), determined without regard to the second sentence thereof) attributable to a State or federally declared disaster for which a deduction is allowable under section 165 (without regard to subsection (h)(1)). ``(6) Federally declared disaster.--The term `federally declared disaster' has the meaning given such term by section 165(h)(3)(C). ``(7) Account beneficiary.--The term `account beneficiary' means the individual on whose behalf the disaster savings account was established. ``(e) Treatment of Account.-- ``(1) In general.--A disaster savings account is exempt from taxation under this subtitle unless such account has ceased to be a disaster savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Account terminations.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to disaster savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay disaster mitigation expenses. ``(f) Tax Treatment of Distributions.-- ``(1) Amounts used for disaster mitigation expenses.--Any amount paid or distributed out of a disaster savings account which is used exclusively to pay qualified disaster expenses of any account beneficiary shall not be includible in gross income. ``(2) Inclusion of amounts not used for disaster mitigation expenses.--Any amount paid or distributed out of a disaster savings account which is not used exclusively to pay the qualified disaster expenses of the account beneficiary shall be included in the gross income of such beneficiary. ``(3) Excess contributions returned before due date of return.-- ``(A) In general.--If any excess contribution is contributed for a taxable year to any disaster savings account of an individual, paragraph (2) shall not apply to distributions from the disaster savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if-- ``(i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. ``(B) Excess contribution.--For purposes of subparagraph (A), the term `excess contribution' means any contribution (other than a rollover contribution described in paragraph (5)) which is not deductible under this section. ``(4) Additional tax on distributions not used for disaster mitigation expenses.-- ``(A) In general.--The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a disaster savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. ``(B) Exception for disability or death.-- Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. ``(5) Rollover contribution.--An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). ``(A) In general.--Paragraph (2) shall not apply to any amount paid or distributed from a disaster savings account to the account beneficiary to the extent the amount received is paid into a disaster savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. ``(B) Limitation.--This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a disaster savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a disaster savings account which was not includible in the individual's gross income because of the application of this paragraph. ``(g) Cost-of-Living Adjustment.-- ``(1) In general.--The $5,000 amount in subsection (b) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. ``(h) Special Rules.-- ``(1) Denial of deduction to dependents.--No deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(2) Taxable year must be full taxable year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no deduction shall be allowed under this section in the case of a taxable year covering a period of less than 12 months. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 219(d)(2) (relating to no deduction for rollovers). ``(B) Section 219(f)(3) (relating to time when contributions deemed made). ``(C) Section 219(f)(5) (relating to employer payments). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(F) Section 224(f)(7) (relating to transfer of account incident to divorce). ``(G) Section 224(f)(8) (relating to treatment after death of account beneficiary). ``(4) Coordination with casualty loss deduction.--No deduction shall be allowed under section 165 for a loss for which a disaster recovery expense payment is made from a disaster savings account. ``(i) Reports.--The Secretary may require the trustee of a disaster savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate.''. (b) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Disaster savings accounts.--The deduction allowed by section 224.''. (c) Tax on Excess Contributions.--Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended-- (1) by striking ``or'' at the end of subsection (a)(4), by inserting ``or'' at the end of subsection (a)(5), and by inserting after subsection (a)(5) the following new paragraph: ``(6) a disaster savings account (within the meaning of section 224(d)),'', and (2) by adding at the end the following new subsection: ``(h) Excess Contributions to Disaster Savings Accounts.--For purposes of this section, in the case of disaster savings accounts (within the meaning of section 224(d)), the term `excess contributions' means the sum of-- ``(1) the aggregate amount contributed for the taxable year to the accounts (other than a rollover contribution described in section 224(f)(5)) which is not allowable as a deduction under section 224 for such year, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(A) the distributions out of the accounts which were included in gross income under section 224(f)(2), and ``(B) the excess (if any) of-- ``(i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over ``(ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the disaster savings account in a distribution to which section 224(f)(3) applies shall be treated as an amount not contributed.''. (d) Failure To Provide Reports on Disaster Savings Accounts.-- Paragraph (2) of section 6693(a) of such Code (relating to reports) is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph: ``(D) section 224(i) (relating to disaster savings accounts),''. (e) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following: ``Sec. 224. Disaster savings accounts. ``Sec. 225. Cross reference.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Disaster Savings Accounts Act of 2013 - Amends the Internal Revenue Code to: (1) establish tax-exempt disaster savings accounts to pay the expenses of homeowners for disaster mitigation and recovery expenses, (2) allow a deduction from gross income (above-the-line deduction) up to $5,000 (adjusted annually for inflation) in a taxable year for cash contributions to such accounts, (3) exclude from gross income distributions from such accounts to pay disaster mitigation and recovery expenses; and (4) set forth tax rules and penalties for excess contributions to disaster savings accounts and for failure to file required reports on such accounts.

Disaster Savings Accounts Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Creation Economic Stimulus Act of 2008''. SEC. 2. ADOPTION OF THE HIGH PRODUCTIVITY INVESTMENT DEDUCTION. (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 inserting after section 168 the following new section: ``SEC. 168A. HIGH PRODUCTIVITY INVESTMENT DEDUCTION. ``(a) Treatment as Expenses.--A taxpayer may elect to treat the cost of any high productivity property as an expense not chargeable to capital account. Any cost so treated shall be allowed as a deduction in the taxable year in which the high productivity property is placed in service. ``(b) Definition of High Productivity Property.-- ``(1) In general.--Except as provided in paragraph (3), the term `high productivity property' means any-- ``(A) computer, ``(B) computer related peripheral equipment, ``(C) computer based machinery, ``(D) electronic diagnostic equipment, ``(E) electronic control equipment, ``(F) other electronic, electromechanical, laser or computer based equipment, ``(G) computer software, ``(H) equipment used in the manufacture of semiconductors, ``(I) high technology medical equipment, ``(J) advanced technology communications equipment, ``(K) optical fiber and photonics equipment, ``(L) advanced environmental products, ``(M) advanced life science products, or ``(N) new high productivity assets. ``(2) Definitions.--For purposes of this subsection: ``(A) Computer.--The term `computer' means a programmable electronically activated device which-- ``(i) is capable of accepting information, applying prescribed processes to the information, and supplying the results of those processes, and ``(ii) consists of a central processing unit containing extensive storage, logic, arithmetic and control capabilities. ``(B) Computer related peripheral equipment.--The term `computer related peripheral equipment' means any auxiliary machine or other equipment (whether on-line or off-line) which is designed to be placed under the control of the central processing unit of a computer (as determined without regard to whether such machine or equipment is an integral part of other property which is not a computer). ``(C) Computer based machinery.--The term `computer based machinery' means any machine which-- ``(i) cuts, forms, shapes, drills, bores, mixes, paints, seals, welds, or otherwise transforms material, or ``(ii) handles, conveys, assembles, or packages materials or products, by responding to electronically stored information and programmed commands. ``(D) Electronic diagnostic equipment.--The term `electronic diagnostic equipment' means equipment that uses electronic components to sense or monitor location, size, volume, surface characteristics, pressure, temperature, speed, chemical composition, or other similar characteristics. ``(E) Electronic control equipment.--The term `electronic control equipment' means equipment that electronically controls pressure, temperature, size, volume, composition purity or other similar characteristics. ``(F) High technology medical equipment.--The term `high technology medical equipment' means any electronic, electromechanical, or computer-based high technology equipment used in the screening, monitoring, observation, diagnosis, or treatment of patients in a laboratory, medical, or hospital environment. ``(G) Advanced technology communications equipment.--The term `advanced technology communications equipment' means equipment used in the transmission or reception of voice, data, video, paging, messaging, or other communications services that are delivered using packet technology. A packet is a unit of data, or sequence of binary digits, that is routed between an origin and a destination on a packet- switched network. ``(H) Optical fiber and photonics equipment.--The term `optical fiber and photonics equipment' means optical fiber and the equipment and materials used to generate, manipulate and direct light particles over such fiber. ``(I) Advanced environmental products.--The term `advanced environmental product' means any high cell density ceramic or other device used for the control of nitrogen oxide and particulate emissions. ``(J) Advanced life sciences products.--The term `advanced life sciences product' means any polymer, ceramic or high-purity glass product used in biological research. ``(K) New high productivity assets.-- ``(i) In general.--The term `new high productivity assets' means any asset utilizing 1 or more technological or scientific processes which were not in common commercial use before January 1, 2007. ``(ii) Determinations.--The Secretary shall establish procedures pursuant to which taxpayers can seek a public ruling that a particular class of assets qualifies as new high productivity assets. The procedures shall require the Secretary to provide a determination within 90 days of receipt of a properly completed request for a public ruling. ``(3) Excluded property.--The term `high productivity property' shall not include-- ``(A) an entire car, locomotive, aircraft, ship or other vehicle solely because the vehicle is controlled in whole or part by a computer or other electronic equipment, ``(B) any equipment of a kind used primarily for entertainment or amusement of the user, and ``(C) typewriters, calculators, copiers, duplication equipment, and other similar equipment. ``(c) Election.--An election under this section for any taxable year shall-- ``(1) be made on an asset by asset basis, and ``(2) be made on the taxpayer's return of the tax imposed by this chapter for the taxable year. ``(d) Special Rules.-- ``(1) Cost.--For purposes of this section, the cost of property does not include so much of the basis of such property as is determined by reference to the basis of other property held at any time by the person acquiring such property. ``(2) Antichurning rules.-- ``(A) In general.--This section shall not apply to any property acquired by the taxpayer after December 31, 2007, if-- ``(i) the property was owned or used at any time during the period beginning on January 1, 2007, and ending on December 31, 2007, by the taxpayer or a related person, ``(ii) the property was owned or used at any time during the period described in clause (i), and, as part of the transaction, the user of the property does not change, ``(iii) the taxpayer leases such property to a person (or a person related to such person) who owned or used such property at any time during the period described in clause (i), or ``(iv) the property is acquired in a transaction as part of which the user of such property does not change and the property was acquired from a person to which clause (ii) or clause (iii) applies. ``(B) Applicable cost recovery rules.--Section 168 shall apply to any property to which this section does not apply by reason of this paragraph. ``(C) Special rules.--For purposes of this paragraph-- ``(i) property shall not be treated as owned before it is placed in service, and ``(ii) whether the user of a property changes will be determined in accordance with regulations prescribed by the Secretary. ``(3) Recapture in certain cases.--The Secretary shall, by regulations, provide for the recapturing the benefit under any deduction allowable under subsection (a) with respect to any property which is not used predominantly in a trade or business at any time. ``(4) Alternative depreciation system applies.--The election under subsection (a) may not be made with respect to property which at any time during the taxable year in which such property is placed in service is-- ``(A) described in paragraph (1) of section 168A(g), or ``(B) `listed property' `not predominantly used in a qualified business use' as such terms apply for purposes of paragraph (1) of 280F(b). ``(e) Termination.--This section shall only apply to property which is-- ``(1) acquired by the taxpayer after December 31, 2007, and before January 1, 2009, but only if no written binding contract for the acquisition was in effect before January 1, 2008, or ``(2)(A) acquired by the taxpayer pursuant to a written binding contract which was entered into after December 31, 2007, and before January 1, 2009, and ``(B) placed in service in taxable years beginning after December 31, 2009.''. (b) Conforming Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding after section 168 the following new item: ``Sec. 168A. High productivity investment deduction.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2007, with respect to taxable years beginning after such date. SEC. 3. 50 PERCENT ALLOWANCE FOR DEPRECIATION FOR CERTAIN PROPERTY ACQUIRED DURING 2008. (a) In General.--Paragraph (4) of section 168(k) of the Internal Revenue Code of 1986 (relating to 50-percent bonus for certain property) is amended-- (1) by striking ``May 5, 2003'' each place it appears and inserting ``December 31, 2007'', (2) by striking ``January 1, 2005'' each place it appears and inserting ``January 1, 2009'', (3) by striking ``May 6, 2003'' in subparagraph (B)(ii)(I) and inserting ``January 1, 2008'', (4) by striking ``January 1, 2006'' in subparagraph (B)(iii) and inserting ``January 1, 2010'', and (5) by striking ``of 30-percent bonus'' in the heading for subparagraph (E). (b) Repeal of Basis Limitation for Certain Property.--Subparagraph (B) of section 168(k)(2) of such Code is amended by striking clause (ii) and redesignating clause (iii) as clause (ii). (c) Syndications.--Paragraph (4) of section 168(k) of such Code (relating to 50-percent depreciation for certain property) is amended by adding at the end the following: ``(F) Syndications.--For purposes of applying paragraph (2)(A)(ii) by reason of this paragraph, if property-- ``(i) is treated as originally placed in service after December 31, 2007, either directly or by a lessor of such property or pursuant to paragraph (2)(D)(ii), and ``(ii) is sold within 6 months after such property is so placed in service, such property shall be treated as originally placed in service not earlier than the date of such sale.''. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to property placed in service in taxable years beginning after December 31, 2007. (2) Exception for certain property.--The amendments made by this section shall not apply to any property to which section 105 of the Gulf Opportunity Zone Act of 2005 applies. SEC. 4. DEPRECIATION RULES NOT MODIFIED FOR PURPOSES OF ALTERNATIVE MINIMUM TAX. (a) Determination of Alternative Taxable Income.--Paragraph (1) of section 56(a) of the Internal Revenue Code of 1986 (relating to depreciation) is amended by adding at the end the following new subparagraph: ``(E) Termination.--This paragraph shall not apply to property placed in service in a taxable year beginning in 2008 or 2009.''. (b) Determination of Adjusted Current Earnings.--Subparagraph (A) of section 56(g)(4) of such Code (relating to depreciation) is amended by adding at the end the following new clause: ``(vi) Termination.--This subparagraph shall not apply to property placed in service in a taxable year beginning in 2008 or 2009.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2007, in taxable years beginning after such date. SEC. 5. LONG-TERM CONTRACT ACCOUNTING. (a) In General.--Section 168(k)(2) of the Internal Revenue Code of 1986 is amended by adding after subparagraph (G) the following new subparagraph: ``(H) Long-term contract accounting.--The percentage of completion method under section 460 shall be applied as if this subsection had not been enacted.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act in taxable years ending after such date. SEC. 6. LONG-TERM UNUSED CREDITS ALLOWED AGAINST MINIMUM TAX. (a) In General.--Subsection (c) of section 53 of the Internal Revenue Code of 1986 (relating to limitation) is amended by adding at the end the following new paragraph: ``(2) Special rule for corporations with long-term unused credits.-- ``(A) In general.--If a corporation to which section 56(g) applies has a long-term unused minimum tax credit for a taxable year, the credit allowable under subsection (a) for the taxable year shall not exceed the greater of-- ``(i) the limitation determined under paragraph (1) for the taxable year, or ``(ii) the least of the following for the taxable year: ``(I) The sum of the tax imposed by section 55 and the regular tax reduced by the sum of the credits allowed under subparts A, B, D, E, and F of this part. ``(II) The long-term unused minimum tax credit. ``(III) The sum of-- ``(aa) 50 percent of qualified investment, plus ``(bb) the qualified investment carryover to the taxable year. ``(B) Long-term unused minimum tax credit.--For purposes of this paragraph-- ``(i) In general.--The long-term unused minimum tax credit for any taxable year is the portion of the minimum tax credit determined under subsection (b) attributable to the adjusted net minimum tax for taxable years beginning after 1986 and ending before the 3rd taxable year immediately preceding the taxable year for which the determination is being made. ``(ii) First-in, first-out ordering rule.-- For purposes of clause (i), credits shall be treated as allowed under subsection (a) on a first-in, first-out basis. ``(C) Qualified investment and qualified investment carryover.--For purposes of this paragraph-- ``(i) Qualified investment.--Qualified investment is property described in section 1245(a)(3) placed in service in the taxable year. ``(ii) Qualified investment carryover.--The qualified investment carryover is the amount by which 50 percent of qualified investment exceeds the amount of tax in paragraph (2)(A)(ii)(I). The qualified investment carryover may be carried only to the first taxable year following the current year. ``(D) Termination.--Subparagraph (A) shall not apply to any taxable year beginning after December 31, 2008.''. (b) Conforming Amendments.--Section 53(c) of such Code is amended-- (1) by striking ``The'' and inserting the following: ``(1) In general.--The''; and (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively.

Job Creation Economic Stimulus Act of 2008 - Amends the Internal Revenue Code to allow the expensing of the cost of certain high productivity property placed in service in 2008, including computer and computer-related peripheral equipment, electronic equipment, software, high technology medical equipment, and advanced environmental and life science products. Allow a 50% depreciation allowance for certain business equipment acquired in 2008. Exempts acclerated depreciation amounts related to properties placed in service in 2008 or 2009 from adjustments in computing alternative minimum taxable income. Allows an offset in 2008 against the alternative minimum tax liability of corporations for their long-term unused tax credits.

To amend the Internal Revenue Code of 1986 to encourage investment in high productivity property, and for other purposes.