FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Kate Mullany National Historic Site 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. Findings and purposes. Sec. 4. Establishment of Kate Mullany National Historic Site. Sec. 5. Acquisition of property. Sec. 6. Administration of historic site. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``historic site'' means the Kate Mullany National Historic Site established by section 4 of this Act. (2) The term ``plan'' means the general management plan developed pursuant to section 6(d). (3) The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Kate Mullany House in Troy, New York, is listed on the National Register of Historic Places and has been designated as a National Historic Landmark. (2) The National Historic Landmark Theme Study on American Labor History concluded that the Kate Mullany House appears to meet the criteria of national significance, suitability, and feasibility for inclusion in the National Park System. (3) The city of Troy, New York-- (A) played an important role in the development of the collar and cuff industry and the iron industry in the 19th century, and in the development of early men's and women's worker and cooperative organizations; and (B) was the home of the first women's labor union, led by Irish immigrant Kate Mullany. (4) The city of Troy, New York, with 6 neighboring cities, towns, and villages, entered into a cooperative arrangement to create the Hudson-Mohawk Urban Cultural Park Commission to manage their valuable historic resources and the area within these municipalities has been designated by the State of New York as a heritage area to represent industrial development and labor themes in the State's development. (5) This area, known as the Hudson-Mohawk Urban Cultural Park or RiverSpark, has been a pioneer in the development of partnership parks where intergovernmental and public and private partnerships bring about the conservation of our heritage and the attainment of goals for preservation, education, recreation, and economic development. (6) Establishment of the Kate Mullany National Historic Site and cooperative efforts between the National Park Service and the Hudson-Mohawk Urban Cultural Park Commission will provide opportunities for the illustration and interpretation of important themes of the heritage of the United States, and will provide unique opportunities for education, public use, and enjoyment. (b) Purposes.--The purposes of this Act are-- (1) to preserve and interpret the nationally significant home of Kate Mullany for the benefit, inspiration, and education of the people of the United States; and (2) to interpret the connection between immigration and the industrialization of the Nation, including the history of Irish immigration, women's history, and worker history. SEC. 4. ESTABLISHMENT OF KATE MULLANY NATIONAL HISTORIC SITE. (a) Establishment.--There is established, as a unit of the National Park System, the Kate Mullany National Historic Site in the State of New York. (b) Description.--The historic site shall consist of the home of Kate Mullany, comprising approximately 0.05739 acre, located at 350 Eighth Street in Troy, New York, as generally depicted on the map entitled __________ and dated ____________. SEC. 5. ACQUISITION OF PROPERTY. (a) Real Property.--The Secretary may acquire lands and interests therein within the boundaries of the historic site and ancillary real property for parking or interpretation, as necessary and appropriate for management of the historic site. Such acquisitions may be by donation, purchase from willing sellers with donated or appropriated funds, or exchange. (b) Personal Property.--The Secretary may acquire personal property associated with, and appropriate for, the interpretation of the historic site using the methods provided in subsection (a). SEC. 6. ADMINISTRATION OF HISTORIC SITE. (a) In General.--The Secretary shall administer the historic site in accordance with this Act and all laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.; commonly known as the National Park Service Organic Act), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings, and Antiquities Act). (b) Cooperative Agreements.--To further the purposes of this Act, the Secretary may consult with and enter into cooperative agreements with the State of New York and the Hudson-Mohawk Urban Cultural Park Commission, and other public and private entities to facilitate public understanding and enjoyment of the life and work of Kate Mullany through the development, presentation, and funding of exhibits and other appropriate activities related to the preservation, interpretation, and use of the historic site and related historic resources. (c) Exhibits.--The Secretary may display, and accept for the purposes of display, items associated with Kate Mullany, as may be necessary for the interpretation of the historic site. (d) General Management Plan.--Not later than 2 complete fiscal years after the date of the enactment of this Act, the Secretary shall develop a general management plan for the historic site. Upon its completion, the Secretary shall submit the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The plan shall include recommendations for regional wayside exhibits, to be carried out through cooperative agreements with the State of New York and other public and private entities. The plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-1 et seq.; commonly known as the National Park System General Authorities Act).

Kate Mullany National Historic Site Act - Establishes the Kate Mullany National Historic Site in Troy, New York.

To establish the Kate Mullany National Historic Site in the State of New York, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Stock Ownership Plan Promotion and Improvement Act of 2009''. SEC. 2. 10 PERCENT PENALTY TAX NOT TO APPLY TO CERTAIN S CORPORATION DISTRIBUTIONS MADE ON STOCK HELD BY EMPLOYEE STOCK OWNERSHIP PLAN. (a) In General.--Clause (vi) of section 72(t)(2)(A) of the Internal Revenue Code of 1986 (relating to general rule that subsection not to apply to certain distributions) is amended by inserting before the comma at the end the following: ``or any distribution (as described in section 1368(a)) with respect to S corporation stock that constitutes qualifying employer securities (as defined by section 409(l)) to the extent that such distributions are paid to a participant in the manner described in clause (i) or (ii) of section 404(k)(2)(A)''. (b) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 3. ESOP DIVIDEND EXCEPTION TO ADJUSTMENTS BASED ON ADJUSTED CURRENT EARNINGS. (a) In General.--Section 56(g)(4)(C) of the Internal Revenue Code of 1986 (relating to disallowance of items not deductible in computing earnings and profits) is amended by adding at the end the following new clause: ``(vii) Treatment of esop dividends.-- Clause (i) shall not apply to any deduction allowable under section 404(k) if the deduction is allowed for dividends paid on employer securities held by an employee stock ownership plan established or authorized to be established before March 15, 1991.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1989. (c) Waiver of Limitations.--If refund or credit of any overpayment of tax resulting from the application of the amendment made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. SEC. 4. AMENDMENTS RELATED TO SECTION 1042. (a) Deferral of Tax for Certain Sales to Employee Stock Ownership Plan Sponsored by S Corporation.-- (1) In general.--Section 1042(c)(1)(A) of the Internal Revenue Code of 1986 (defining qualified securities) is amended by striking ``C''. (2) Effective date.--The amendment made by paragraph (1) shall apply to sales after the date of the enactment of this Act. (b) Reinvestment in Certain Mutual Funds Permitted.-- (1) In general.--Clause (ii) of section 1042(c)(4)(B) of the Internal Revenue Code of 1986 (defining operating corporation) is amended to read as follows: ``(ii) Financial institutions, insurance companies, and mutual funds.--The term `operating corporation' shall include-- ``(I) any financial institution described in section 581, ``(II) any insurance company subject to tax under subchapter L, and ``(III) any regulated investment company if substantially all of the securities held by such company are securities issued by operating corporations (determined without regard to this subclause).''. (2) Effective date.--The amendment made by paragraph (1) shall apply to sales of qualified securities after the date of the enactment of this Act. (c) Modification to 25-percent Shareholder Rule.-- (1) In general.--Subparagraph (B) of section 409(n)(1) of the Internal Revenue Code of 1986 (relating to securities received in certain transactions) is amended to read as follows: ``(B) for the benefit of any other person who owns (after the application of section 318(a)) more than 25 percent of-- ``(i) the total combined voting power of all classes of stock of the corporation which issued such employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of subsection (l)(4)) as such corporation, or ``(ii) the total value of all classes of stock of any such corporation.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. SEC. 5. SMALL BUSINESS AND EMPLOYEE STOCK OWNERSHIP. (a) Findings.--Congress finds that-- (1) since 1974, the ownership of many small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) in the United States has transitioned from the original owner, or owners, to an employee stock ownership plan (referred to in this section as an ``ESOP''), as defined in section 4975(e)(7) of the Internal Revenue Code of 1986; (2) data collected on the performance of these small business concerns owned 50 percent or more by an ESOP evidences that more often than not these ESOP-owned small business concerns provide significant benefit to the employees of the small business concerns and the communities in which the small business concerns are located; (3) under the Small Business Act (15 U.S.C. 631 et seq.) and the regulations promulgated by the Administrator of the Small Business Administration, a business concern that qualifies as a small business concern for the numerous preferences of the Act, is denied treatment as a small business concern once 50 percent or more of the business is acquired on behalf of the employees by an ESOP; and (4) a small business concern that was eligible under the Small Business Act before being so acquired on behalf of the employees by an ESOP, will no longer be treated as eligible, even if the number of employees, the revenue of the small business concern, and the racial, gender, or other criteria used under the Act to determine whether the small business concern is eligible for benefits under the Act remain the same, solely because of the acquisition by the ESOP. (b) Employee Stock Ownership Plans.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 44 as section 45; and (2) by inserting after section 43 the following: ``SEC. 44. EMPLOYEE STOCK OWNERSHIP PLANS. ``(a) Definitions.--In this section-- ``(1) the term `ESOP' means an employee stock ownership plan, as defined in section 4975(e)(7) of the Internal Revenue Code of 1986; and ``(2) the term `ESOP business concern' means a business concern that was a small business concern eligible for a loan or to participate in a contracting assistance or business development program under this Act before the date on which 50 percent or more of the business concern was acquired by an ESOP. ``(b) Continued Eligibility.--An ESOP business concern shall be deemed a small business concern for purposes of a loan, preference, or other program under this Act if-- ``(1) on a continuing basis a majority of the shares of and control of the ESOP that owns the business concern are held by individuals who would otherwise meet criteria necessary to be eligible for the loan, preference, or other program (as the case may be); ``(2) control of the ESOP business concern is vested in the shareholders of the ESOP; and ``(3) the ESOP that owns the business concern complies with all requirements of a tax qualified deferred compensation arrangement under the Internal Revenue Code of 1986.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1 of the first calendar year beginning after the date of enactment of this Act.

Employee Stock Ownership Plan Promotion and Improvement Act of 2009 - Amends the Internal Revenue Code to: (1) exempt certain distributions, including dividends, by S corporations to an employee stock ownership plan (ESOP) from the penalty tax for premature employee benefit plan withdrawals; (2) exempt deductions for ESOP dividends from corporate alternative minimum tax adjustments based on adjusted earnings and profits; (3) allow deferral of the recognition of gain for certain sales to ESOPs sponsored by any domestic corporation, including S corporations; (4) allow reinvestment of ESOP stock proceeds eligible for nonrecognition of gain in certain mutual funds; and (5) modify certain ESOP stock ownership rules. Amends the Small Business Act to allow a majority-owned ESOP business concern to continue to qualify for loans, preferences, and other programs under such Act.

A bill to amend the Internal Revenue Code of 1986 to improve the operation of employee stock ownership plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Encouraging Work Act of 2005''. SEC. 2. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK CREDIT. (a) Credit Made Permanent.-- (1) Subsection (c) of section 51 of the Internal Revenue Code of 1986 is amended by striking paragraph (4) (relating to termination). (2) Section 51A of such Code is amended by striking subsection (f). (b) Eligibility of Ex-Felons Determined Without Regard to Family Income.--Paragraph (4) of section 51(d) of such Code is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking all that follows subparagraph (B). (c) Increase in Maximum Age for Eligibility of Food Stamp Recipients.--Clause (i) of section 51(d)(8)(A) of such Code is amended by striking ``25'' and inserting ``40''. (d) Increase in Maximum Age for Designated Community Residents.-- (1) In general.--Paragraph (5) of section 51(d) of such Code is amended to read as follows: ``(5) Designated community residents.-- ``(A) In general.--The term `designated community resident' means any individual who is certified by the designated local agency-- ``(i) as having attained age 18 but not age 40 on the hiring date, and ``(ii) as having his principal place of abode within an empowerment zone, enterprise community, or renewal community. ``(B) Individual must continue to reside in zone or community.--In the case of a designated community resident, the term `qualified wages' shall not include wages paid or incurred for services performed while the individual's principal place of abode is outside an empowerment zone, enterprise community, or renewal community.''. (2) Conforming amendment.--Subparagraph (D) of section 51(d)(1) is amended to read as follows: ``(D) a designated community resident,''. (e) Clarification of Treatment of Individuals Under Individual Work Plans.--Subparagraph (B) of section 51(d)(6) of such Code (relating to vocational rehabilitation referral) is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) an individual work plan developed and implemented by an employment network pursuant to subsection (g) of section 1148 of the Social Security Act with respect to which the requirements of such subsection are met.''. (f) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2005. SEC. 3. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK CREDIT. (a) In General.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(I) a long-term family assistance recipient.''. (b) Long-Term Family Assistance Recipient.--Subsection (d) of section 51 of such Code is amended by redesignating paragraphs (10) through (12) as paragraphs (11) through (13), respectively, and by inserting after paragraph (9) the following new paragraph: ``(10) Long-term family assistance recipient.--The term `long-term family assistance recipient' means any individual who is certified by the designated local agency-- ``(A) as being a member of a family receiving assistance under a IV-A program (as defined in paragraph (2)(B)) for at least the 18-month period ending on the hiring date, ``(B)(i) as being a member of a family receiving such assistance for 18 months beginning after August 5, 1997, and ``(ii) as having a hiring date which is not more than 2 years after the end of the earliest such 18- month period, or ``(C)(i) as being a member of a family which ceased to be eligible for such assistance by reason of any limitation imposed by Federal or State law on the maximum period such assistance is payable to a family, and ``(ii) as having a hiring date which is not more than 2 years after the date of such cessation.''. (c) Increased Credit for Employment of Long-Term Family Assistance Recipients.--Section 51 of such Code is amended by inserting after subsection (d) the following new subsection: ``(e) Credit for Second-Year Wages for Employment of Long-Term Family Assistance Recipients.-- ``(1) In general.--With respect to the employment of a long-term family assistance recipient-- ``(A) the amount of the work opportunity credit determined under this section for the taxable year shall include 50 percent of the qualified second-year wages for such year, and ``(B) in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such a recipient shall not exceed $10,000 per year. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a long-term family assistance recipient, and ``(B) which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such recipient is an employee to whom subparagraph (A) or (B) of subsection (h)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$10,000' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$833.33' for `$500'.''. (d) Repeal of Separate Welfare-to-Work Credit.-- (1) In general.--Section 51A of such Code is hereby repealed. (2) Clerical amendment.--The table of sections for subpart F of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 51A. (e) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2005.

Encouraging Work Act of 2005 - Amends the Internal Revenue Code to consolidate and modify provisions of the work opportunity tax credit and the welfare-to-work tax credit and make the consolidated tax credit permanent. Expands eligibility for the consolidated tax credit by: (1) determining eligibility of ex-felons without regard to family income; and (2) raising the age ceiling for food stamp recipients from 25 to 40. Includes a "designated community resident" (in lieu of "high risk youth") and "long-term family assistance recipient" as members of the targeted group eligible for the consolidated tax credit. Provides for an increased tax credit for employment of long-term family assistance recipients. Repeals the separate welfare-to-work tax credit.

To amend the Internal Revenue Code of 1986 to modify the work opportunity credit and the welfare-to-work credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Retirement Contributions Act of 1999''. SEC. 2. DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS. (a) Civil Service Retirement System.--The table under section 8334(c) of title 5, United States Code, is amended-- (1) in the matter relating to an employee by striking: ``7.4............ January 1, 2000, to December 31, 2000. 7.5............. January 1, 2001, to December 31, 2002. 7............... After December 31, 2002.''; and inserting the following: ``7.............. After December 31, 1999.''; (2) in the matter relating to a Member or employee for Congressional employee service by striking: ``7.9............ January 1, 2000, to December 31, 2000. 8............... January 1, 2001, to December 31, 2002. 7.5............. After December 31, 2002.''; and inserting the following: ``7.5............ After December 31, 1999.''; (3) in the matter relating to a Member for Member service by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (4) in the matter relating to a law enforcement officer for law enforcement service and firefighter for firefighter service by striking: ``7.9............ January 1, 2000, to December 31, 2000. 8............... January 1, 2001, to December 31, 2002. 7.5............. After December 31, 2002.''; and inserting the following: ``7.5............ After December 31, 1999.''; (5) in the matter relating to a bankruptcy judge by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (6) in the matter relating to a judge of the United States Court of Appeals for the Armed Forces for service as a judge of that court by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (7) in the matter relating to a United States magistrate by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (8) in the matter relating to a Court of Federal Claims judge by striking: ``8.4............ January 1, 2000, to December 31, 2000. 8.5............. January 1, 2001, to December 31, 2002. 8............... After December 31, 2002.''; and inserting the following: ``8.............. After December 31, 1999.''; (9) in the matter relating to the Capitol Police by striking: ``7.9............ January 1, 2000, to December 31, 2000. 8............... January 1, 2001, to December 31, 2002. 7.5............. After December 31, 2002.''. and inserting the following: ``7.5............ After December 31, 1999.''; and (10) in the matter relating to a nuclear material courier by striking: ``7.9............ January 1, 2000, to December 31, 2000. 8............... January 1, 2001, to December 31, 2002. 7.5............. After December 31, 2002.''. and inserting the following: ``7.5............ After December 31, 1999.''. (b) Federal Employees' Retirement System.--Section 8422(a) of title 5, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) The applicable percentage under this paragraph for civilian service shall be as follows: ``Employee.............................. 7...................... January 1, 1987, to December 31, 1998. 7.25................... January 1, 1999, to December 31, 1999. 7...................... After December 31, 1999. Congressional employee.................. 7.5.................... January 1, 1987, to December 31, 1998. 7.75................... January 1, 1999, to December 31, 1999. 7.5.................... After December 31, 1999. Member.................................. 7.5.................... January 1, 1987, to December 31, 1998. 7.75................... January 1, 1999, to December 31, 1999. 7.5.................... After December 31, 1999. Law enforcement officer, firefighter, 7.5.................... January 1, 1987, to December 31, 1998. member of the Capitol Police, or air traffic controller. 7.75................... January 1, 1999, to December 31, 1999. 7.5.................... After December 31, 1999. Nuclear materials courier............... 7...................... January 1, 1987, to the day before the date of enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999. 7.75................... The date of enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to December 31, 1998. 7.75................... January 1, 1999, to December 31, 1999. 7.5.................... After December 31, 1999.''. SEC. 3. CONFORMING AMENDMENTS RELATING TO MILITARY AND VOLUNTEER SERVICE UNDER FERS. (a) Military Service.--Section 8422(e)(6) of title 5, United States Code, is amended to read as follows: ``(6) The percentage of basic pay under section 204 of title 37 payable under paragraph (1), with respect to any period of military service performed during January 1, 1999, through December 31, 1999, shall be 3.25 percent.''. (b) Volunteer Service.--Section 8422(f)(4) of title 5, United States Code, is amended to read as follows: ``(4) The percentage of the readjustment allowance or stipend (as the case may be) payable under paragraph (1), with respect to any period of volunteer service performed during January 1, 1999, through December 31, 1999, shall be 3.25 percent.''. SEC. 4. OTHER FEDERAL RETIREMENT SYSTEMS. (a) Central Intelligence Agency Retirement and Disability System.-- (1) Deductions, withholdings, and deposits.--Section 7001(c)(2) of the Balanced Budget Act of 1997 (Public Law 105- 33; 111 Stat. 659) is amended to read as follows: ``(2) Individual deductions, withholdings, and deposits.-- Notwithstanding section 211(a)(1) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2021(a)(1)) beginning on January 1, 1999, through December 31, 1999, the percentage deducted and withheld from the basic pay of an employee participating in the Central Intelligence Agency Retirement and Disability System shall be 7.25 percent.''. (2) Military service.--Section 252(h)(1)(A) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2082(h)(1)(A)), is amended to read as follows: ``(h)(1)(A) Each participant who has performed military service before the date of separation on which entitlement to an annuity under this title is based may pay to the Agency an amount equal to 7 percent of the amount of basic pay paid under section 204 of title 37, United States Code, to the participant for each period of military service after December 1956; except, the amount to be paid for military service performed beginning on January 1, 1999, through December 31, 1999, shall be 7.25 percent of basic pay.''. (b) Foreign Service Retirement and Disability System.-- (1) In general.--Section 7001(d)(2) of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 660) is amended by striking subparagraphs (A) and (B) and inserting the following: ``(A) In general.--Notwithstanding section 805(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4045(a)(1)), beginning on January 1, 1999, through December 31, 1999, the amount withheld and deducted from the basic pay of a participant in the Foreign Service Retirement and Disability System shall be 7.25 percent. ``(B) Foreign service criminal investigators/ inspectors of the office of the inspector general, agency for international development.--Notwithstanding section 805(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4045(a)(2)), beginning on January 1, 1999, through December 31, 1999, the amount withheld and deducted from the basic pay of an eligible Foreign Service criminal investigator/inspector of the Office of the Inspector General, Agency for International Development participating in the Foreign Service Retirement and Disability System shall be 7.75 percent.''. (2) Conforming amendment.--Section 805(d)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4045(d)(1)) is amended in the table in the matter following subparagraph (B) by striking: ``January 1, 1970, through December 31, 1998, inclusive............................... 7 January 1, 1999, through December 31, 1999, inclusive................................ 7.25 January 1, 2000, through December 31, 2000, inclusive................................ 7.4 January 1, 2001, through December 31, 2002, inclusive................................ 7.5 After December 31, 2002.............................................................. 7''. and inserting the following: ``January 1, 1970, through December 31, 1998, inclusive............................... 7 January 1, 1999, through December 31, 1999, inclusive................................ 7.25 After December 31, 1999.............................................................. 7.''. (c) Foreign Service Pension System.-- (1) In general.--Section 856(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4071e(a)(2)) is amended to read as follows: ``(2) The applicable percentage under this subsection shall be as follows: ``7.5............ Before January 1, 1999. 7.75............ January 1, 1999, to December 31, 1999. 7.5............. After December 31, 1999.''. (2) Volunteer service.--Section 854(c)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4071c(c)(1)) is amended by striking all after ``volunteer service;'' and inserting ``except, the amount to be paid for volunteer service beginning on January 1, 1999, through December 31, 1999, shall be 3.25 percent.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on December 31, 1999.

Federal Employee Retirement Contributions Act of 1999 - Amends Federal retirement provisions to reduce to seven percent after December 31, 1999, the required retirement contribution by Federal employees participating under the Civil Service Retirement System (CSRS) (such contribution currently is scheduled to be 7.4 percent for calendar year 2000, and 7.5 percent for 2001). Reduces similarly the required percentage contribution under CSRS for Members of Congress and congressional employees, law enforcement or firefighting personnel, certain judges and magistrates, and nuclear material couriers. Makes similar reductions for participants in the Federal Employee Retirement System (FERS). Makes conforming reductions with respect to military and volunteer service under FERS. Amends the Balanced Budget Act of 1997 and the Foreign Service Act of 1980 to make similar employee retirement contribution reductions under the Central Intelligence Agency Retirement and Disability System, the Foreign Service Retirement and Disability System, and the Foreign Service Pension System.

Federal Employee Retirement Contributions Act of 1999

SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION. (a) Establishment.--There is established a Commission on Structural Alternatives for the Federal Courts of Appeals (hereinafter referred to as the ``Commission''). (b) Functions.--The functions of the Commission shall be to-- (1) study the present division of the United States into the several judicial circuits; (2) study the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (3) report to the President and Congress its recommendations for such changes in circuit boundaries or structure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal Courts of Appeals, consistent with fundamental concepts of fairness and due process. SEC. 2. MEMBERSHIP. (a) Composition.--The Commission shall be composed of 12 members appointed as follows: (1) Two members appointed by the President of the United States. (2) Two members appointed by the Chief Justice of the United States. (3) Two members appointed by the Majority Leader of the Senate. (4) Two members appointed by the Minority Leader of the Senate. (5) Two members appointed by the Speaker of the House of Representatives. (6) Two members appointed by the Minority Leader of the House of Representatives. (b) Appointment.--The members of the Commission shall be appointed within 60 days after the date of the enactment of this Act. (c) Vacancy.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (d) Chair.--The Commission shall elect a Chair and Vice Chair from among its members. (e) Quorum.--Seven members of the Commission shall constitute a quorum, but 3 may conduct hearings. SEC. 3. COMPENSATION. (a) In General.--Members of the Commission who are officers, or full-time employees, of the United States shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. (b) Private Members.--Members of the Commission from private life shall receive $200 per diem for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. SEC. 4. PERSONNEL. (a) Executive Director.--The Commission may appoint an Executive Director who shall receive compensation at a rate not exceeding the rate prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff.--The Executive Director, with approval of the Commission, may appoint and fix the compensation of such additional personnel as he determines necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Compensation under this subsection shall not exceed the annual maximum rate of basic pay for a position above GS-15 of the General Schedule under section 5108 of title 5, United States Code. (c) Experts and Consultants.--The Executive Director may procure personal services of experts and consultants as authorized by section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates under section 5332 of title 5, United States Code. (d) Services.--The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, for the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services on a reimbursable basis. SEC. 5. INFORMATION. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance the Commission determines necessary to carry out its functions under this Act. Each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chair of the Commission. SEC. 6. REPORT. No later than 2 years following the date on which its seventh member is appointed in accordance with section 2(b), the Commission shall submit its report to the President and the Congress. The Commission shall terminate 90 days after the date of the submission of its report. SEC. 7. CONGRESSIONAL CONSIDERATION. No later than 60 days after the submission of the report, the Committee on the Judiciary of the Senate shall act on the report. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums, not to exceed $1,300,000, as may be necessary to carry out the purposes of this Act. Such sums as are appropriated shall remain available until expended.

Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (2) report its recommendations for changes to the President and the Congress no later than two years after its seventh member is appointed. Directs the Senate Judiciary Committee to act on the report within 60 days of its transmission. Authorizes appropriations.

A bill to establish a Commission on Structural Alternatives for the Federal Courts of Appeals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Cybersecurity Workforce Assessment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Armed Services in the House of Representatives; (D) the Committee on Homeland Security of the House of Representatives; and (E) the Committee on Oversight and Government Reform of House of Representatives. (2) Director.--The term ``Director'' means the Director of the Office of Personnel Management. (3) Roles.--The term ``roles'' has the meaning given the term in the National Initiative for Cybersecurity Education's Cybersecurity Workforce Framework. SEC. 3. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT INITIATIVE. (a) In General.--The head of each Federal agency shall-- (1) identify all positions within the agency that require the performance of information technology, cybersecurity, or other cyber-related functions; and (2) assign the corresponding employment code, which shall be added to the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework, in accordance with subsection (b). (b) Employment Codes.-- (1) Procedures.-- (A) Coding structure.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the National Institute of Standards and Technology, shall update the National Initiative for Cybersecurity Education's Cybersecurity Workforce Framework to include a corresponding coding structure. (B) Identification of civilian cyber personnel.-- Not later than 9 months after the date of enactment of this Act, the Director, in coordination with the Director of National Intelligence, shall establish procedures to implement the National Initiative for Cybersecurity Education's coding structure to identify all Federal civilian positions that require the performance of information technology, cybersecurity, or other cyber-related functions. (C) Identification of non-civilian cyber personnel.--Not later than 18 months after the date of enactment of this Act, the Secretary of Defense shall establish procedures to implement the National Initiative for Cybersecurity Education's coding structure to identify all Federal non-civilian positions that require the performance of information technology, cybersecurity or other cyber-related functions. (D) Baseline assessment of existing cybersecurity workforce.--Not later than 3 months after the date on which the procedures are developed under subparagraphs (B) and (C), respectively, the head of each Federal agency shall submit to the appropriate congressional committees of jurisdiction a report that identifies-- (i) the percentage of personnel with information technology, cybersecurity, or other cyber-related job functions who currently hold the appropriate industry-recognized certifications as identified in the National Initiative for Cybersecurity Education's Cybersecurity Workforce Framework; (ii) the level of preparedness of other civilian and non-civilian cyber personnel without existing credentials to pass certification exams; and (iii) a strategy for mitigating any gaps identified in clause (i) or (ii) with the appropriate training and certification for existing personnel. (E) Procedures for assigning codes.--Not later than 3 months after the date on which the procedures are developed under subparagraphs (B) and (C), respectively, the head of each Federal agency shall establish procedures-- (i) to identify all encumbered and vacant positions with information technology, cybersecurity, or other cyber-related functions (as defined in the National Initiative for Cybersecurity Education's coding structure); and (ii) to assign the appropriate employment code to each such position, using agreed standards and definitions. (2) Code assignments.--Not later than 1 year after the date after the procedures are established under paragraph (1)(E), the head of each Federal agency shall complete assignment of the appropriate employment code to each position within the agency with information technology, cybersecurity, or other cyber-related functions. (c) Progress Report.--Not later than 180 days after the date of enactment of this Act, the Director shall submit a progress report on the implementation of this section to the appropriate congressional committees. SEC. 4. IDENTIFICATION OF CYBER-RELATED ROLES OF CRITICAL NEED. (a) In General.--Beginning not later than 1 year after the date on which the employment codes are assigned to employees pursuant to section 3(b)(2), and annually through 2022, the head of each Federal agency, in consultation with the Director and the Secretary of Homeland Security, shall-- (1) identify information technology, cybersecurity, or other cyber-related roles of critical need in the agency's workforce; and (2) submit a report to the Director that-- (A) describes the information technology, cybersecurity, or other cyber-related roles identified under paragraph (1); and (B) substantiates the critical need designations. (b) Guidance.--The Director shall provide Federal agencies with timely guidance for identifying information technology, cybersecurity, or other cyber-related roles of critical need, including-- (1) current information technology, cybersecurity, and other cyber-related roles with acute skill shortages; and (2) information technology, cybersecurity, or other cyber- related roles with emerging skill shortages. (c) Cybersecurity Needs Report.--Not later than 2 years after the date of the enactment of this Act, the Director, in consultation with the Secretary of Homeland Security, shall-- (1) identify critical needs for information technology, cybersecurity, or other cyber-related workforce across all Federal agencies; and (2) submit a progress report on the implementation of this section to the appropriate congressional committees. SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS. The Comptroller General of the United States shall-- (1) analyze and monitor the implementation of sections 3 and 4; and (2) not later than 3 years after the date of the enactment of this Act, submit a report to the appropriate congressional committees that describes the status of such implementation.

Federal Cybersecurity Workforce Assessment ActThis bill requires federal agencies to: (1) identify all personnel positions that require the performance of information technology, cybersecurity, or other cyber-related functions; and (2) assign a corresponding employment code to such positions using a coding structure that the National Institute of Standards and Technology must include in the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework.To implement the coding structure: (1) the Office of Personnel Management (OPM) must coordinate with the Director of National Intelligence to establish procedures to identify such federal civilian positions, and (2) the Department of Defense must establish procedures to identify such federal noncivilian positions. Federal agencies must submit to Congress a report identifying: (1) the percentage of personnel with such job functions who currently hold industry-recognized certifications, (2) the preparedness of other civilian and noncivilian cyber personnel without existing credentials to pass certification exams, and (3) a strategy for mitigating any identified gaps with training and certification for existing personnel. The agencies must establish procedures to identify all encumbered and vacant positions with such functions and assign the appropriate employment code to each position.Annually through 2022, the agencies must submit a report to the OPM that identifies cyber-related roles designated as critical needs in the agency's workforce. The OPM must provide agencies with guidance for identifying roles with acute and emerging skill shortages. The OPM, within two years after enactment of this Act, must identify critical needs for the cyber workforce across all federal agencies and report to Congress regarding the implementation of this Act.

Federal Cybersecurity Workforce Assessment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Humane Enforcement and Legal Protections for Separated Children Act'' or the ``HELP Separated Children Act''. SEC. 2. DEFINITIONS. In this Act: (1) Apprehension.--The term ``apprehension'' means the detention, arrest, or custody by officials of the Department of Homeland Security or cooperating entities. (2) Child.--The term ``child'' has the meaning given to the term in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)). (3) Child welfare agency.--The term ``child welfare agency'' means the State or local agency responsible for child welfare services under subtitles B and E of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (4) Cooperating entity.--The term ``cooperating entity'' means a State or local entity acting under agreement with, or at the request of, the Department of Homeland Security. (5) Detention facility.--The term ``detention facility'' means a Federal, State, or local government facility, or a privately owned and operated facility, that is used to hold individuals suspected or found to be in violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (6) Immigration enforcement action.--The term ``immigration enforcement action'' means the apprehension of, detention of, or request for or issuance of a detainer for, 1 or more individuals for suspected or confirmed violations of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by the Department of Homeland Security or cooperating entities. (7) Local education agency.--The term ``local education agency'' has the meaning given to the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (8) NGO.--The term ``NGO'' means a nongovernmental organization that provides social services or humanitarian assistance to the immigrant community. SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED ACTIVITIES. (a) Notification.-- (1) Advance notification.--Subject to paragraph (2), when conducting any immigration enforcement action, the Department of Homeland Security and cooperating entities shall notify the Governor of the State, the local child welfare agency, and relevant State and local law enforcement before commencing the action, or, if advance notification is not possible, immediately after commencing such action, of-- (A) the approximate number of individuals to be targeted in the immigration enforcement action; and (B) the primary language or languages believed to be spoken by individuals at the targeted site. (2) Hours of notification.--Whenever possible, advance notification should occur during business hours and allow the notified entities sufficient time to identify resources to conduct the interviews described in subsection (b)(1). (3) Other notification.--When conducting any immigration action, the Department of Homeland Security and cooperating entities shall notify the relevant local education agency and local NGOs of the information described in paragraph (1) immediately after commencing the action. (b) Apprehension Procedures.--In any immigration enforcement action, the Department of Homeland Security and cooperating entities shall-- (1) as soon as possible and not later than 6 hours after an immigration enforcement action, provide licensed social workers or case managers employed or contracted by the child welfare agency or local NGOs with confidential access to screen and interview individuals apprehended in such immigration enforcement action to assist the Department of Homeland Security or cooperating entity in determining if such individuals are parents, legal guardians, or primary caregivers of a child in the United States; (2) as soon as possible and not later than 8 hours after an immigration enforcement action, provide any apprehended individual believed to be a parent, legal guardian, or primary caregiver of a child in the United States with-- (A) free, confidential telephone calls, including calls to child welfare agencies, attorneys, and legal services providers, to arrange for the care of children or wards, unless the Department of Homeland Security has reasonable grounds to believe that providing confidential phone calls to the individual would endanger public safety or national security; and (B) contact information for-- (i) child welfare agencies in all 50 States, the District of Columbia, all United States territories, counties, and local jurisdictions; and (ii) attorneys and legal service providers capable of providing free legal advice or free legal representation regarding child welfare, child custody determinations, and immigration matters; (3) ensure that personnel of the Department of Homeland Security and cooperating entities do not-- (A) interview individuals in the immediate presence of children; or (B) compel or request children to translate for interviews of other individuals who are encountered as part of an immigration enforcement action; and (4) ensure that any parent, legal guardian, or primary caregiver of a child in the United States-- (A) receives due consideration of the best interests of his or her children or wards in any decision or action relating to his or her detention, release, or transfer between detention facilities; and (B) is not transferred from his or her initial detention facility or to the custody of the Department of Homeland Security until the individual-- (i) has made arrangements for the care of his or her children or wards; or (ii) if such arrangements are impossible, is informed of the care arrangements made for the children and of a means to maintain communication with the children. (c) Nondisclosure and Retention of Information About Apprehended Individuals and Their Children.-- (1) In general.--Information collected by child welfare agencies and NGOs in the course of the screenings and interviews described in subsection (b)(1) about an individual apprehended in an immigration enforcement action may not be disclosed to Federal, State, or local government entities or to any person, except pursuant to written authorization from the individual or his or her legal counsel. (2) Child welfare agency or ngo recommendation.-- Notwithstanding paragraph (1), a child welfare agency or NGO may-- (A) submit a recommendation to the Department of Homeland Security or cooperating entities regarding whether an apprehended individual is a parent, legal guardian, or primary caregiver who is eligible for the protections provided under this Act; and (B) disclose information that is necessary to protect the safety of the child, to allow for the application of subsection (b)(4)(A), or to prevent reasonably certain death or substantial bodily harm. SEC. 4. ACCESS TO CHILDREN, LOCAL AND STATE COURTS, CHILD WELFARE AGENCIES, AND CONSULAR OFFICIALS. (a) In General.--The Secretary of Homeland Security shall ensure that all detention facilities operated by or under agreement with the Department of Homeland Security implement procedures to ensure that the best interest of the child, including the best outcome for the family of the child, can be considered in any decision and action relating to the custody of children whose parent, legal guardian, or primary caregiver is detained as the result of an immigration enforcement action. (b) Access to Children, State and Local Courts, Child Welfare Agencies, and Consular Officials.--At all detention facilities operated by, or under agreement with, the Department of Homeland Security, the Secretary of Homeland Security shall-- (1) ensure that individuals who are detained by reason of their immigration status may receive the screenings and interviews described in section 3(b)(1) not later than 6 hours after their arrival at the detention facility; (2) ensure that individuals who are detained by reason of their immigration status and are believed to be parents, legal guardians, or primary caregivers of children in the United States are-- (A) permitted daily phone calls and regular contact visits with their children or wards; (B) able to participate fully, and to the extent possible in-person, in all family court proceedings and any other proceeding impacting upon custody of their children or wards; (C) able to fully comply with all family court or child welfare agency orders impacting upon custody of their children or wards; (D) provided with contact information for family courts in all 50 States, the District of Columbia, all United States territories, counties, and local jurisdictions; (E) granted free and confidential telephone calls to child welfare agencies and family courts; (F) granted free and confidential telephone calls and confidential in-person visits with attorneys, legal representatives, and consular officials; (G) provided United States passport applications for the purpose of obtaining travel documents for their children or wards; (H) granted adequate time before removal to obtain passports and other necessary travel documents on behalf of their children or wards if such children or wards will accompany them on their return to their country of origin or join them in their country of origin; and (I) provided with the access necessary to obtain birth records or other documents required to obtain passports for their children or wards; and (3) facilitate the ability of detained parents, legal guardians, and primary caregivers to share information regarding travel arrangements with their children or wards, child welfare agencies, or other caregivers well in advance of the detained individual's departure from the United States. SEC. 5. MEMORANDA OF UNDERSTANDING. The Secretary of Homeland Security shall develop and implement memoranda of understanding or protocols with child welfare agencies and NGOs regarding the best ways to cooperate and facilitate ongoing communication between all relevant entities in cases involving a child whose parent, legal guardian, or primary caregiver has been apprehended or detained in an immigration enforcement action to protect the best interests of the child and the best outcome for the family of the child. SEC. 6. MANDATORY TRAINING. The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and independent child welfare experts, shall require and provide in-person training on the protections required under sections 3 and 4 to all personnel of the Department of Homeland Security and of States and local entities acting under agreement with the Department of Homeland Security who regularly come into contact with children or parents in the course of conducting immigration enforcement actions. SEC. 7. RULEMAKING. Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to implement this Act. SEC. 8. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act - Sets forth apprehension procedures for immigration enforcement-related activities engaged in by the Department of Homeland Security (DHS) and cooperating entities, including: (1) providing the governor, local child welfare agencies, and local law enforcement with advance notice of an enforcement activity, if possible; (2) providing child welfare agencies and community organizations access to detained individuals to help DHS identify detainees who have children; (3) permitting detainees with children to make free phone calls to arrange for such children's care; and (4) requiring that the interests of children be considered in decisions regarding detainee release, detention, or transfer. Directs the Secretary of Homeland Security to: (1) require DHS detention facilities to implement procedures to ensure that child custody and family interests can be considered in any immigration detention action; (2) develop memoranda of understanding with child welfare agencies and community organizations that protect the best interests of children of detained individuals; and (3) provide DHS personnel with appropriate training.

A bill to protect children affected by immigration enforcement actions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Farm Protection Act''. SEC. 2. EXCLUSION OF GAIN ON SALE OF FAMILY FARMING BUSINESS TO FAMILY MEMBER. (a) In General.--Part I of subchapter P of chapter 1 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 OF GAIN ON SALE OF FAMILY FARM TO FAMILY MEMBER. ``(a) In General.--At the election of the taxpayer, gross income shall not include any gain from the sale of a qualified family farm interest to a member of the taxpayer's family if-- ``(1) at all times during the 5-year period ending on the date of such sale, there was material participation by the taxpayer or a member of the taxpayer's family in the operation of the farming business to which such interest relates, and ``(2)(A) such interest is being acquired by a member of the taxpayer's family, and ``(B) such member agrees-- ``(i) for the 5-year period beginning on the day after the date of such sale, to materially participate in the operation of the farming business to which such interest relates, and ``(ii) to the provisions of subsection (b). ``(b) Recapture of Tax if Interest Ceases To Be Used in a Farming Business.-- ``(1) In general.--If, during any year within the 5-year period beginning on the date of such sale-- ``(A) a qualified family farm interest with respect to which an election is made under subsection (a) is disposed of, or otherwise ceases to be a qualified family farm interest of the member of the family who acquired such interest, other than through the bankruptcy or insolvency of such member of the family, or ``(B) the member of the family who acquired such interest fails to materially participate (directly or through a family member of such member) in the operation of the farming business to which such interest relates, then the tax imposed on such member of the family under this subtitle for the year shall be increased by an amount equal to the recapture percentage of the excluded tax amount, plus interest on the amount of such increase at the underpayment rate established under section 6621 for the period beginning on the date the return of tax for the year of such sale was due under this chapter (without regard to extensions thereof) and ending on the date the increase in tax under this subsection is due (without regard to extensions thereof). ``(2) Recapture percentage.--For purposes of paragraph (1), the recapture percentage shall be determined under the following table: ``If the event described in paragraph (1) occurs in the following years The recapture after such sale: percentage is: 1.......................... 100 2.......................... 80 3.......................... 60 4.......................... 40 5.......................... 20. ``(3) Excluded tax amount.--For purposes of paragraph (1), the term `excluded tax amount' means the excess of-- ``(A) the amount of tax that would have been imposed on the taxpayer under this subtitle for the taxable year ending with or within which the sale for which an election was made under subsection (a), over ``(B) the amount of tax imposed on the taxpayer under this subtitle for such taxable year. This paragraph shall be applied without regard to the installment method of accounting or averaging of farm income under section 1301. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified family farm interest.--The term `qualified family farm interest' means an interest which is a qualified family-owned business interest in a farming business. ``(2) Qualified family-owned business interest.--The term `qualified family-owned business interest' has the meaning given such term by section 2057(e), determined by substituting `taxpayer' for `decedent' each place it appears. ``(3) Farming business.--The term `farming business' has the meaning given such term by section 263A(e)(4). ``(4) Member of the family.--The term `member of the family' has the meaning given such term by section 2032A(e). ``(5) Material participation.--The term `material participation' has the meaning given such term by section 2032A(e)(6).''. (b) Clerical Amendment.--The table of sections for part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 1203. Exclusion of gain on sale of family farm to family member.''. (c) Effective Date.--The amendments made by this section shall apply to sales occurring on or after the date of enactment of this Act.

Family Farm Protection Act - Amends the Internal Revenue Code to exclude from gross income any gain on the sale of a qualified family farm interest to a family member of the taxpayer. Requires the taxpayer (or a member of the taxpayer's family) to have participated materially in the farming business operation during the five years preceding the sale, and requires the family member purchasing the interest to participate materially during the five years following the sale. Provides for recapture of tax foregone because of the exclusion if during the five years following the sale: (1) the interest ceases to be used in a farming business; or (2) the purchasing family member fails to participate materially in the farming business.

Family Farm Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security and Medicare Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) fiscal pressures will mount as an aging population increases the Government's obligations to provide retirement income and health services; (2) Social Security and Medicare surpluses should be reserved for strengthening and preserving the Social Security trust funds; and (3) preserving Social Security and Medicare surpluses would restore confidence in the long-term financial integrity of Social Security and Medicare. (b) Purpose.--It is the purpose of this Act to prevent the Social Security and Medicare hospital insurance trust funds from being used for any purpose other than providing retirement and health security. SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE SURPLUSES. (a) Protection of Social Security and Medicare Surpluses.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``protection for social security and hospital insurance surpluses ``Sec. 316. (a) Protection for Social Security and Hospital Insurance Surpluses.-- ``(1) Concurrent resolutions on the budget.-- ``(A) In general.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or an amendment thereto or conference report thereon, that would set forth a surplus for any fiscal year that is less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year. ``(B) Exception.--(i) Subparagraph (A) shall not apply to the extent that a violation of such subparagraph would result from an assumption in the resolution, amendment, or conference report, as applicable, of an increase in outlays or a decrease in revenue relative to the baseline underlying that resolution for social security reform legislation or medicare reform legislation for any such fiscal year. ``(ii) If a concurrent resolution on the budget, or an amendment thereto or conference report thereon, would be in violation of subparagraph (A) because of an assumption of an increase in outlays or a decrease in revenue relative to the baseline underlying that resolution for social security reform legislation or medicare reform legislation for any such fiscal year, then that resolution shall include a statement identifying any such increase in outlays or decrease in revenue. ``(2) Spending and tax legislation.-- ``(A) In general.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if-- ``(i) the enactment of that bill or resolution, as reported; ``(ii) the adoption and enactment of that amendment; or ``(iii) the enactment of that bill or resolution in the form recommended in that conference report, would cause the surplus for any fiscal year covered by the most recently agreed to concurrent resolution on the budget to be less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year. ``(B) Exception.--Subparagraph (A) shall not apply to social security reform legislation or medicare reform legislation. ``(b) Enforcement.-- ``(1) Budgetary levels with respect to concurrent resolutions on the budget.--For purposes of enforcing any point of order under subsection (a)(1), the surplus for any fiscal year shall be-- ``(A) the levels set forth in the later of the concurrent resolution on the budget, as reported, or in the conference report on the concurrent resolution on the budget; and ``(B) adjusted to the maximum extent allowable under all procedures that allow budgetary aggregates to be adjusted for legislation that would cause a decrease in the surplus for any fiscal year covered by the concurrent resolution on the budget (other than procedures described in paragraph (2)(A)(ii)). ``(2) Current levels with respect to spending and tax legislation.-- ``(A) In general.--For purposes of enforcing subsection (a)(2), the current levels of the surplus for any fiscal year shall be-- ``(i) calculated using the following assumptions-- ``(I) direct spending and revenue levels at the baseline levels underlying the most recently agreed to concurrent resolution on the budget; and ``(II) for the budget year, discretionary spending levels at current law levels and, for outyears, discretionary spending levels at the baseline levels underlying the most recently agreed to concurrent resolution on the budget; and ``(ii) adjusted for changes in the surplus levels set forth in the most recently agreed to concurrent resolution on the budget pursuant to procedures in such resolution that authorize adjustments in budgetary aggregates for updated economic and technical assumptions in the mid- session report of the Director of the Congressional Budget Office. Such revisions shall be included in the first current level report on the congressional budget submitted for publication in the Congressional Record after the release of such mid-session report. ``(B) Budgetary treatment.--Outlays (or receipts) for any fiscal year resulting from social security or medicare reform legislation in excess of the amount of outlays (or less than the amount of receipts) for that fiscal year set forth in the most recently agreed to concurrent resolution on the budget or the section 302(a) allocation for such legislation, as applicable, shall not be taken into account for purposes of enforcing any point of order under subsection (a)(2). ``(3) Disclosure of hi surplus.--For purposes of enforcing any point of order under subsection (a), the surplus of the Federal Hospital Insurance Trust Fund for a fiscal year shall be the levels set forth in the later of the report accompanying the concurrent resolution on the budget (or, in the absence of such a report, placed in the Congressional Record prior to the consideration of such resolution) or in the joint explanatory statement of managers accompanying such resolution. ``(c) Additional Content of Reports Accompanying Budget Resolutions and of Joint Explanatory Statements.--The report accompanying any concurrent resolution on the budget and the joint explanatory statement accompanying the conference report on each such resolution shall include the levels of the surplus in the budget for each fiscal year set forth in such resolution and of the surplus or deficit in the Federal Hospital Insurance Trust Fund, calculated using the assumptions set forth in subsection (b)(2)(A). ``(d) Definitions.--As used in this section: ``(1) The term `medicare reform legislation' means a bill or a joint resolution to save Medicare that includes a provision stating the following: `For purposes of section 316(a) of the Congressional Budget Act of 1974, this Act constitutes medicare reform legislation.'. ``(2) The term `social security reform legislation' means a bill or a joint resolution to save social security that includes a provision stating the following: `For purposes of section 316(a) of the Congressional Budget Act of 1974, this Act constitutes social security reform legislation.'. ``(e) Waiver and Appeal.--Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. ``(f) Effective Date.--This section shall cease to have any force or effect upon the enactment of social security reform legislation and medicare reform legislation.''. (b) Conforming Amendment.--The item relating to section 316 in the table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended to read as follows: ``Sec. 316. Protection for Social Security and hospital insurance surpluses.''. SEC. 4. PRESIDENT'S BUDGET. (a) Protection of Social Security and Medicare Surpluses.--If the budget of the Government submitted by the President under section 1105(a) of title 31, United States Code, recommends a surplus for any fiscal year that is less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year, then it shall include a detailed proposal for social security reform legislation or medicare reform legislation. (b) Effective Date.--Subsection (a) shall cease to have any force or effect upon the enactment of social security reform legislation and medicare reform legislation as defined by section 316(d) of the Congressional Budget Act of 1974.

Social Security and Medicare Protection Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider any concurrent resolution on the budget (or related measure) that would set forth a surplus for any fiscal year less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year. Creates an exception to such point of order if a violation of it would result from an assumption in the measure of an increase in outlays or a decrease in revenue relative to the baseline underlying the measure for Social Security or Medicare reform legislation for any such year. Makes it out of order in the House of Representatives or the Senate to consider any (spending or tax) measure if its enactment would cause the surplus for any fiscal year covered by the most recently agreed to budget resolution to be less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year. Creates an exception to such point of order similar to the other one. Declares that, if the President's budget recommends an on-budget surplus for any fiscal year less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year, then it shall include a detailed proposal for Social Security or Medicare reform legislation.

To establish a procedure to safeguard the surpluses of the Social Security and Medicare hospital insurance trust funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restitution for the Exonerated Act of 2007''. SEC. 2. GRANT PROGRAM AUTHORIZED. (a) Exoneree Services Grants Authorized.--The Attorney General may award grants to eligible organizations to carry out programs that provide support services to exonerees. (b) Grant Period; Renewability.--A grant awarded under this section shall be for a period of one year, and may be renewed for subsequent one-year periods as the Attorney General determines to be appropriate. (c) Emergency Grants.--The Attorney General may award an emergency grant under this subsection to an eligible organization that is receiving a grant under subsection (a), in addition to such grant under subsection (a), if the Attorney General determines that there is a systemic problem related to the provision of exoneree support services in the geographic region serviced by such organization, and that there is a need to address such systemic problem immediately by increasing the resources available to such organization. Such an emergency grant shall be used by the eligible organization to address the immediate need for support services for exonerees in such region, shall be awarded for a period not to exceed 6 months, and shall not be renewable. An eligible organization may not receive more than one emergency grant under this subsection. SEC. 3. GRANT USES. A grant under this section shall be used by an eligible organization-- (1) to carry out a program that provides and coordinates the delivery of support services for exonerees, including-- (A) employment training; (B) vocational training; (C) education; (D) health care services; (E) mental health services; (F) housing assistance; (G) substance abuse training; (H) legal assistance; (I) children and family support; and (J) other appropriate services, as determined by the Attorney General; and (2) for administrative expenses necessary to carry out the program described in paragraph (1), including staff salaries, research, and training. SEC. 4. APPLICATIONS. (a) In General.--To request a grant under this Act, an eligible organization shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require. Such application shall-- (1) describe the program to be funded by the grant, and the need for such program; (2) describe a long-term strategy and detailed implementation for such program; (3) identify the governmental and community agencies with which the program will collaborate, and that the program will utilize to enhance exoneree services; and (4) describe the methodology and outcome measures that will be used to evaluate the effectiveness of such program. (b) Application Deadlines.--The Attorney General shall solicit and review applications for grants under this Act at least once during each six-month period. (c) Priority Based on Need.--In awarding grants under this Act, the Attorney General shall give priority to eligible organizations that serve geographic regions that have the greatest need for exoneree support services, as determined by the Attorney General. SEC. 5. REPORTS. For each year in which an eligible organization receives a grant under this Act, the eligible organization shall submit a report to the Attorney General that describes the program carried out by the organization with such grant, and evaluates the effectiveness of such program during such year. SEC. 6. DEFINITIONS. In this Act: (1) Eligible organization.--The term ``eligible organization'' mean any nonprofit organization that-- (A) has experience and expertise in coordinating and delivering support services specific to the needs of exonerees; or (B) demonstrates the capacity to effectively coordinate and deliver such support services, as determined by the Attorney General. (2) Exoneree.--The term ``exoneree'' means an individual who-- (A) has been convicted by a Federal or State court of an offense that is punishable by a term of imprisonment that is equal to or greater than one year; (B) has served a term of imprisonment of at least 6 months in a Federal or State prison or other correctional facility as a result of such conviction; and (C) has been determined to be factually innocent of such offense. (3) Factually innocent.--The term ``factually innocent'' means, with respect to an individual who has been convicted of an offense described in paragraph (2)(A), when one or more of the following has occurred: (A) A court has issued a factual finding of innocence. (B) The Governor of the State in which the individual was convicted has issued a pardon based on the facts of the offense for which the individual was convicted. (C) The conviction has been vacated or reversed by a court. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $1,250,000 for each of the fiscal years 2008 through 2012. Amounts authorized under this section shall remain available until expended.

Restitution for the Exonerated Act of 2007 - Authorizes the Attorney General to award grants, including emergency grants, to nonprofit organizations for programs to provide support services (e.g., employment training, health care services, and legal assistance) to exonerees. Defines "exoneree" as an individual who has been convicted of a crime carrying a prison sentence of one year or more, has served at least six months of such prison sentence, and has been determined to be factually innocent of the crime.

To authorize grants for programs that provide support services to exonerees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Equity Act of 2011''. SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new paragraphs: ``(9) Regional cost-of-living adjustments.-- ``(A) In general.--In the case of an individual, the rate table otherwise in effect under this section for any taxable year (determined after the application of paragraph (1)) shall be further adjusted as provided in subparagraph (B). ``(B) Method of making regional adjustment.--The rate table otherwise in effect under this section with respect to any individual for any taxable year shall be adjusted as follows: ``(i) The minimum and maximum dollar amounts otherwise in effect for each rate bracket shall be multiplied by the applicable multiplier (for the calendar year in which the taxable year begins) which applies to the statistical area in which the individual's primary place of abode during the taxable year is located. ``(ii) The rate applicable to any rate bracket (as adjusted by clause (i)) shall not be changed. ``(iii) The amount setting forth the tax shall be adjusted to the extent necessary to reflect the adjustments in the rate brackets. If any amount determined under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(10) Determination of multipliers.-- ``(A) In general.--Not later than December 15 of each calendar year, the Secretary shall prescribe an applicable multiplier for each statistical area of the United States which shall apply to taxable years beginning during the succeeding calendar year. ``(B) Determination of multipliers.-- ``(i) For each statistical area where the cost-of-living differential for any calendar year is greater than 125 percent, the applicable multiplier for such calendar year is 90 percent of such differential. ``(ii) For each statistical area where the cost-of-living differential for any calendar year exceeds 97 percent but does not exceed 125 percent, the applicable multiplier for such calendar year is 1.05. ``(iii) For each statistical area not described in clause (i) or (ii), the applicable multiplier is the cost-of-living differential for the calendar year. ``(C) Cost-of-living differential.--The cost-of- living differential for any statistical area for any calendar year is the percentage determined by dividing-- ``(i) the cost-of-living for such area for the preceding calendar year; by ``(ii) the average cost-of-living for the United States for the preceding calendar year. ``(D) Cost-of-living for area.-- ``(i) In general.--For calendar year 2010 and each calendar year thereafter, the Secretary of Labor shall determine and publish a cost-of-living index for each statistical area. ``(ii) Methodology.--The cost-of-living index determined under clause (i) for any statistical area for any calendar year shall be based on average market prices for the area for the 12-month period ending on August 31 of such calendar year. The market prices taken into account under the preceding sentence shall be selected and used under the same methodology as is used by the Secretary of Labor in developing the Consumer Price Index for All Urban Consumers. ``(E) Statistical area.--For purposes of this subsection the term `statistical area' means-- ``(i) any metropolitan statistical area as defined by the Secretary of Commerce, and ``(ii) the portion of any State not within a metropolitan statistical area as so defined. ``(11) Areas outside the united states.--The area applicable multiplier for any area outside the United States shall be 1.'' (b) Effective Date.-- (1) In general.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. (2) Transition rule.--Notwithstanding section 1(f)(9)(A) of the Internal Revenue Code (as added by this section), the date for prescribing applicable multipliers for taxable years beginning in calendar year 2012 shall be the date 1 year after the date of the enactment of this Act.

Tax Equity Act of 2011 - Amends the Internal Revenue Code to provide regional cost-of-living adjustments in individual income tax rates. Directs the Secretary of Labor to determine and publish a regional cost-of-living index for each metropolitan statistical area.

To amend the Internal Revenue Code of 1986 to provide for adjustments in the individual income tax rates to reflect regional differences in the cost-of-living.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business and Financial Institutions Tax Relief Act of 1999''. SEC. 2. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE IRAS. (a) In General.--Section 1361(c)(2)(A) of the Internal Revenue Code of 1986 (relating to certain trusts permitted as shareholders) is amended by inserting after clause (v) the following: ``(vi) A trust which constitutes an individual retirement account under section 408(a), including one designated as a Roth IRA under section 408A.'' (b) Treatment as Shareholder.--Section 1361(c)(2)(B) of the Internal Revenue Code of 1986 (relating to treatment as shareholders) is amended by adding at the end the following: ``(vi) In the case of a trust described in clause (vi) of subparagraph (A), the individual for whose benefit the trust was created shall be treated as a shareholder.'' (c) Sale of Stock in IRA Relating To S Corporation Election Exempt From Prohibited Transaction Rules.--Section 4975(d) of the Internal Revenue Code of 1986 (relating to exemptions) is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``; or'', and by adding at the end the following: ``(16) a sale of stock held by a trust which constitutes an individual retirement account under section 408(a) to the individual for whose benefit such account is established if such sale is pursuant to an election under section 1362(a).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 3. EXCLUSION OF INVESTMENT SECURITIES INCOME FROM PASSIVE INCOME TEST FOR BANK S CORPORATIONS. (a) In General.--Section 1362(d)(3)(C) of the Internal Revenue Code of 1986 (defining passive investment income) is amended by adding at the end the following: ``(v) Exception for banks; etc.--In the case of a bank (as defined in section 581), a bank holding company (as defined in section 246A(c)(3)(B)(ii)), or a qualified subchapter S subsidiary bank, the term `passive investment income' shall not include-- ``(I) interest income earned by such bank, bank holding company, or qualified subchapter S subsidiary bank, or ``(II) dividends on assets required to be held by such bank, bank holding company, or qualified subchapter S subsidiary bank to conduct a banking business, including stock in the Federal Reserve Bank, the Federal Home Loan Bank, or the Federal Agricultural Mortgage Bank or participation certificates issued by a Federal Intermediate Credit Bank.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 4. INCREASE IN NUMBER OF ELIGIBLE SHAREHOLDERS TO 150. (a) In General.--Section 1361(b)(1)(A) of the Internal Revenue Code of 1986 (defining small business corporation) is amended by striking ``75'' and inserting ``150''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 5. TREATMENT OF QUALIFYING DIRECTOR SHARES. (a) In General.--Section 1361 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Treatment of Qualifying Director Shares.-- ``(1) In general.--For purposes of this subchapter-- ``(A) qualifying director shares shall not be treated as a second class of stock, and ``(B) no person shall be treated as a shareholder of the corporation by reason of holding qualifying director shares. ``(2) Qualifying director shares defined.--For purposes of this subsection, the term `qualifying director shares' means any shares of stock in a bank (as defined in section 581) or in a bank holding company registered as such with the Federal Reserve System-- ``(i) which are held by an individual solely by reason of status as a director of such bank or company or its controlled subsidiary; and ``(ii) which are subject to an agreement pursuant to which the holder is required to dispose of the shares of stock upon termination of the holder's status as a director at the same price as the individual acquired such shares of stock. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to qualifying director shares shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (b) Conforming Amendments.-- (1) Section 1361(b)(1) of the Internal Revenue Code of 1986 is amended by inserting ``, except as provided in subsection (f),'' before ``which does not''. (2) Section 1366(a) of such Code is amended by adding at the end the following: ``(3) Allocation with respect to qualifying director shares.--The holders of qualifying director shares (as defined in section 1361(f)) shall not, with respect to such shares of stock, be allocated any of the items described in paragraph (1).'' (3) Section 1373(a) of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and adding at the end the following: ``(3) no amount of an expense deductible under this subchapter by reason of section 1361(f)(3) shall be apportioned or allocated to such income.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 6. BAD DEBT CHARGE OFFS IN YEARS AFTER ELECTION YEAR TREATED AS ITEMS OF BUILT-IN LOSS. The Secretary of the Treasury shall modify Regulation 1.1374-4(f) for S corporation elections made in taxable years beginning after December 31, 1996, with respect to bad debt deductions under section 166 of the Internal Revenue Code of 1986 to treat such deductions as built-in losses under section 1374(d)(4) of such Code during the entire period during which the bank recognizes built-in gains from changing its accounting method for recognizing bad debts from the reserve method under section 585 of such Code to the charge-off method under section 166 of such Code. SEC. 7. INCLUSION OF BANKS IN 3-YEAR S CORPORATION RULE FOR CORPORATE PREFERENCE ITEMS. (a) In General.--Section 1363(b) of the Internal Revenue Code of 1986 (relating to computation of corporation's taxable income) is amended by adding at the end the following new flush sentence: ``Paragraph (4) shall apply to any bank whether such bank is an S corporation or a qualified subchapter S subsidiary.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 8. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE FAMILY LIMITED PARTNERSHIPS. (a) In General.--Section 1361(b)(1)(B) of the Internal Revenue Code of 1986 (defining small business corporation) is amended-- (1) by striking ``or an organization'' and inserting ``an organization'', and (2) by inserting ``, or a family partnership described in subsection (c)(8)'' after ``subsection (c)(6)''. (b) Family Partnership.--Section 1361(c) of the Internal Revenue Code of 1986 (relating to special rules for applying subsection (b)), as amended by section 5, is amended by adding at the end the following: ``(8) Family partnerships.-- ``(A) In general.--For purposes of subsection (b)(1)(B), any partnership or limited liability company may be a shareholder in an S corporation if-- ``(i) all partners or members are members of 1 family as determined under section 704(e)(3), and ``(ii) all of the partners or members would otherwise be eligible shareholders of an S corporation. ``(B) Treatment as shareholders.--For purposes of subsection (b)(1)(A), in the case of a partnership or limited liability company described in subparagraph (A), each partner or member shall be treated as a shareholder.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 9. ISSUANCE OF PREFERRED STOCK PERMITTED. (a) In General.--Section 1361 of the Internal Revenue Code of 1986, as amended by section 5(a), is amended by adding at the end the following: ``(g) Treatment of Qualified Preferred Stock.-- ``(1) In general.--For purposes of this subchapter-- ``(A) qualified preferred stock shall not be treated as a second class of stock, and ``(B) no person shall be treated as a shareholder of the corporation by reason of holding qualified preferred stock. ``(2) Qualified preferred stock defined.--For purposes of this subsection, the term `qualified preferred stock' means stock which meets the requirements of subparagraphs (A), (B), and (C) of section 1504(a)(4). Stock shall not fail to be treated as qualified preferred stock solely because it is convertible into other stock. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to qualified preferred stock shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (b) Conforming Amendments.-- (1) Section 1361(b)(1) of the Internal Revenue Code of 1986, as amended by section 5(b)(1), is amended by striking ``subsection (f)'' and inserting ``subsections (f) and (g)''. (2) Section 1366(a) of such Code, as amended by section 5(b)(2), is amended by adding at the end the following: ``(4) Allocation with respect to qualified preferred stock.--The holders of qualified preferred stock (as defined in section 1361(g)) shall not, with respect to such stock, be allocated any of the items described in paragraph (1).'' (3) Section 1373(a)(3) of such Code, as added by section 5(b)(3), is amended by inserting ``or 1361(g)(3)'' after ``section 1361(f)(3)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 10. CONSENT TO ELECTIONS. (a) 90 Percent of Shares Required for Consent to Election.--Section 1362(a)(2) of the Internal Revenue Code of 1986 (relating to all shareholders must consent to election) is amended-- (1) by striking ``all persons who are shareholders in'' and inserting ``shareholders holding at least 90 percent of the shares of'', and (2) by striking ``All shareholders'' in the heading and inserting ``At least 90 percent of shares''. (b) Rules for Consent.--Section 1362(a) of the Internal Revenue Code of 1986 (relating to election) is amended by adding at the end the following: ``(3) Rules for consent.--For purposes of making any consent required under paragraph (2) or subsection (d)(1)(B)-- ``(A) each joint owner of shares shall consent with respect to such shares, ``(B) the personal representative or other fiduciary authorized to act on behalf of the estate of a deceased individual shall consent for the estate, ``(C) one parent, the custodian, the guardian, or the conservator shall consent with respect to shares owned by a minor or subject to a custodianship, guardianship, conservatorship, or similar arrangement, ``(D) the trustee of a trust shall consent with respect to shares owned in trust, ``(E) the trustee of the estate of a bankrupt individual shall consent for shares owned by a bankruptcy estate, ``(F) an authorized officer or the trustee of an organization described in subsection (c)(6) shall consent for the shares owned by such organization, and ``(G) in the case of a partnership or limited liability company described in subsection (c)(8)-- ``(i) all general partners shall consent with respect to shares owned by such partnership, ``(ii) all managers shall consent with respect to shares owned by such company if management of such company is vested in 1 or more managers, and ``(iii) all members shall consent with respect to shares owned by such company if management of such company is vested in the members.'' (c) Treatment of Nonconsenting Shareholder Stock.-- (1) In general.--Section 1361 of the Internal Revenue Code of 1986, as amended by section 9(a), is amended by adding at the end the following: ``(h) Treatment of Nonconsenting Shareholder Stock.-- ``(1) In general.--For purposes of this subchapter-- ``(A) nonconsenting shareholder stock shall not be treated as a second class of stock, ``(B) such stock shall be treated as C corporation stock, and ``(C) the shareholder's pro rata share under section 1366(a)(1) with respect to such stock shall be subject to tax paid by the S corporation at the highest rate of tax specified in section 11(b). ``(2) Nonconsenting shareholder stock defined.--For purposes of this subsection, the term `nonconsenting shareholder stock' means stock of an S corporation which is held by a shareholder who did not consent to an election under section 1362(a) with respect to such S corporation. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to nonconsenting shareholder stock shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (2) Conforming amendment.--Section 1361(b)(1) of the Internal Revenue Code of 1986, as amended by section 9(b)(1), is amended by striking ``subsections (f) and (g)'' and inserting ``subsections (f), (g), and (h)''. (d) Effective Date.--The amendments made by this section shall apply to elections made in taxable years beginning after December 31, 1999. SEC. 11. INFORMATION RETURNS FOR QUALIFIED SUBCHAPTER S SUBSIDIARIES. (a) In General.--Section 1361(b)(3)(A) of the Internal Revenue Code of 1986 (relating to treatment of certain wholly owned subsidiaries) is amended by inserting ``and in the case of information returns required under part III of subchapter A of chapter 61'' after ``Secretary''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999.

Small Business and Financial Institutions Tax Relief Act of 1999 - Amends the Internal Revenue Code to permit S corporation eligible shareholders to include individual retirement accounts (IRAs). (Sec. 2) Exempts from prohibited transaction rules any sale of stock in an IRA pursuant to a small business corporation's election to be an S corporation. (Sec. 3) Excludes from the definition of passive income for purposes of S status termination any interest income earned by or dividends on assets required to be held by a bank, a bank holding company, or a qualified subchapter S subsidiary bank. (Sec. 4) Increases from 75 to 150 the maximum number of shareholders a small business organization may have to be eligible to elect S corporation treatment. (Sec. 5) States that stock held by a bank director as required by banking regulations (director qualifying stock) shall not be considered a disqualifying second class of S corporation stock. (Sec. 6) Directs the Secretary of the Treasury to modify a certain regulation to permit an S corporation bank to treat certain bad debt deductions as built-in losses during the entire period during which the bank recognized built-in gains from changing its accounting method for recognizing bad debts from the reserve method to the charge-off method. (Sec. 7) Includes all banks within the three-year deduction preference rule. (Sec. 8) Makes family limited partnerships eligible to be S corporation shareholders. (Sec. 9) Permits the issuance of qualified preferred stock, which shall not be treated as second class stock. Makes any distribution (not in payment in exchange for stock) made by an S corporation with respect to qualified preferred stock includible as ordinary income of the holder and deductible to the corporation as an expense. (Sec. 10) Reduces from 100 percent to 90 percent the percentage of shares held by shareholders necessary for consent to election by a small business organization to be an S corporation. Prescribes rules for such consent. (Sec. 11) Revises exceptions to the criteria for the treatment of certain wholly owned subchapter S subsidiaries with reference to required information returns.

Small Business and Financial Institutions Tax Relief Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Our Schools Act''. SEC. 2. MATCHING GRANT PROGRAM FOR SCHOOL SECURITY. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after part Z the following new part: ``PART AA--MATCHING GRANT PROGRAM FOR SCHOOL SECURITY ``SEC. 2701. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General is authorized to make grants to States, units of local government, and Indian tribes to provide improved security, including the placement and use of metal detectors and other deterrent measures, at schools and on school grounds. ``(b) Uses of Funds.--Grants awarded under this section shall be distributed directly to the State, unit of local government, or Indian tribe, and shall be used to improve security at schools and on school grounds in the jurisdiction of the grantee through one or more of the following: ``(1) Placement and use of metal detectors, locks, lighting, and other deterrent measures. ``(2) Security assessments. ``(3) Security training of personnel and students. ``(4) Coordination with local law enforcement. ``(5) Any other measure that, in the determination of the Attorney General, may provide a significant improvement in security. ``(c) Preferential Consideration.--In awarding grants under this part, the Attorney General shall give preferential consideration, if feasible, to an application from a jurisdiction that has a demonstrated need for improved security, has a demonstrated need for financial assistance, and has evidenced the ability to make the improvements for which the grant amounts are sought. ``(d) Matching Funds.-- ``(1) The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. ``(2) Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(3) The Attorney General may provide, in the guidelines implementing this section, for the requirement of paragraph (1) to be waived or altered in the case of a recipient with a financial need for such a waiver or alteration. ``(e) Equitable Distribution.--In awarding grants under this part, the Attorney General shall ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. ``(f) Administrative Costs.--The Attorney General may reserve not more than 2 percent from amounts appropriated to carry out this Act for administrative costs. ``SEC. 2702. APPLICATIONS. ``(a) In General.--To request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may require. Each application shall-- ``(1) include a detailed explanation of-- ``(A) the intended uses of funds provided under the grant; and ``(B) how the activities funded under the grant will meet the purpose of this part; and ``(2) be accompanied by an assurance that the application was prepared after consultation with individuals not limited to law enforcement officers (such as school violence researchers, child psychologists, social workers, teachers, principals, and other school personnel) to ensure that the improvements to be funded under the grant are-- ``(A) consistent with a comprehensive approach to preventing school violence; and ``(B) individualized to the needs of each school at which those improvements are to be made. ``(b) Guidelines.--Not later than 90 days after the date of the enactment of this part, the Attorney General shall promulgate guidelines to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. ``SEC. 2703. ANNUAL REPORT TO CONGRESS. ``Not later than November 30th of each year, the Attorney General shall submit a report to the Congress regarding the activities carried out under this part. Each such report shall include, for the preceding fiscal year, the number of grants funded under this part, the amount of funds provided under those grants, and the activities for which those funds were used. ``SEC. 2704. DEFINITIONS. ``For purposes of this part-- ``(1) the term `school' means a public elementary or secondary school; ``(2) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level; and ``(3) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). ``SEC. 2705. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part the following amounts: ``(1) $30,000,000 for fiscal year 2001. ``(2) $30,000,000 for fiscal year 2002. ``(3) $30,000,000 for fiscal year 2003.''.

Sets forth provisions regarding: (1) permissible uses of funds (including for locks, lighting, and security assessments and training), preferential consideration, matching funds, equitable geographical distribution of funds, and limits on administrative costs; and (2) application and reporting requirements.

Secure Our Schools Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Prevention Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) the crime of identity theft has become one of the major law enforcement challenges of the new economy, as vast quantities of sensitive, personal information are now vulnerable to criminal interception and misuse; (2) a number of indicators reveal that, despite increased public awareness of the crime, the incidents of identity theft continue to rise; (3) 1,000,000 consumers annually call the Fraud Victim Assistance Department of one national consumer reporting agency, a number that almost doubled from 1997 to 2001; (4) as of March 2001, the Federal Trade Commission Identity Theft Data Clearinghouse was averaging more than 2,000 call-ins a week, a four-fold increase since the Clearinghouse began operation in November 1999; (5) allegations of identity theft reported to the fraud hotline of the Social Security Administration increased from 11,058 in fiscal year 1998 to 46,480 in fiscal year 2000; (6) in its fiscal year 2000 annual report, the Postal Inspection Service noted that identity theft is a growing trend and the agency's investigations of such crimes has ``increased by 67 percent since last year''; (7) an integral part of many identity crimes involves the interception of personal financial data or the fraudulent acquisition of credit cards and other financial products in another person's name; (8) identity theft is an act that violates the privacy of our citizens and ruins their good names, victims can suffer restricted access to credit and diminished employment opportunities, and may spend years repairing damage to credit histories; (9) the resources available to identity theft victims are inadequate, and both private sector and Federal agencies should provide better and more sympathetic assistance to such victims; and (10) credit reporting agencies and issuers of credit should have uniform reporting requirements and effective fraud alerts to assist identity theft victims in repairing and protecting their credit. SEC. 3. IDENTITY THEFT PREVENTION. (a) Changes of Address.-- (1) Duty of issuers of credit.--Section 132 of the Truth in Lending Act (15 U.S.C. 1642) is amended-- (A) by inserting ``(a) In General.--'' before ``No credit''; and (B) by adding at the end the following: ``(b) Confirmation of Changes of Address.--If a card issuer receives a request for an additional credit card with respect to an existing credit account not later than 30 days after receiving notification of a change of address for that account, the card issuer shall-- ``(1) not later than 5 days after sending the additional card to the new address, notify the cardholder of the request at both the new address and the former address; and ``(2) provide to the cardholder a means of promptly reporting incorrect changes.''. (2) Duty of consumer reporting agencies.--Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following: ``(g) Notice of Potential Fraud.--In any case in which a person has requested a consumer report relating to a consumer, and the request includes an address for the consumer that differs from the most recent address in the file of the consumer, the consumer reporting agency shall notify the requester of the discrepancy.''. (3) Enforcement.-- (A) Federal trade commission.--Except as provided in subparagraph (B), compliance with section 132(b) of the Truth in Lending Act (as added by this subsection) shall be enforced by the Federal Trade Commission in the same manner and with the same power and authority as the Commission has under the Fair Debt Collection Practices Act to enforce compliance with that Act. (B) Other agencies in certain cases.-- (i) In general.--Compliance with section 132(b) of the Truth in Lending Act (as added by this subsection) shall be enforced under-- (I) section 8 of the Federal Deposit Insurance Act, in the case of a card issuer that is-- (aa) a national bank or a Federal branch or Federal agency of a foreign bank, by the Office of the Comptroller of the Currency; (bb) a member bank of the Federal Reserve System (other than a national bank), a branch or agency of a foreign bank (other than a Federal branch, Federal agency, or insured State branch of a foreign bank), a commercial lending company owned or controlled by a foreign bank, or an organization operating under section 25 or 25A of the Federal Reserve Act, by the Board of Governors of the Federal Reserve System; (cc) a bank insured by the Federal Deposit Insurance Corporation (other than a member of the Federal Reserve System or a national nonmember bank) or an insured State branch of a foreign bank, by the Board of Directors of the Federal Deposit Insurance Corporation; and (dd) a savings association, the deposits of which are insured by the Federal Deposit Insurance Corporation, by the Director of the Office of Thrift Supervision; and (II) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration in the case of a card issuer that is a Federal credit union, as defined in that Act. (C) Violations treated as violations of other laws.--For the purpose of the exercise by any agency referred to in this paragraph of its powers under any Act referred to in this paragraph, a violation of section 132(b) of the Truth in Lending Act (as added by this subsection) shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subparagraph (A) or (B), each of the agencies referred to in those subparagraphs may exercise, for the purpose of enforcing compliance with section 132(b) of the Truth in Lending Act (as added by this subsection), any other authority conferred on such agency by law. (b) Fraud Alerts.--Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following: ``(h) Fraud Alerts.-- ``(1) In general.--Upon the request of a consumer and upon receiving proper identification, a consumer reporting agency shall include a fraud alert in the file of that consumer. ``(2) Notice to users.--A consumer reporting agency shall notify each person procuring consumer credit information with respect to a consumer of the existence of a fraud alert in the file of that consumer, regardless of whether a full credit report, credit score, or summary report is requested. ``(3) Penalties.--Any user of a consumer report that fails to comply with preauthorization procedures contained in a fraud alert and issues or extends credit in the name of the consumer to a person other than the consumer, shall be in violation of this section. ``(4) Definition.--In this subsection, the term `fraud alert' means a clear and conspicuous statement in the file of a consumer that notifies all prospective users of a consumer report made with respect to that consumer that the consumer does not authorize the issuance or extension of credit in the name of the consumer unless-- ``(A) the issuer of such credit first obtains verbal authorization from the consumer at a telephone number designated by the consumer; or ``(B) the issuer complies with such other method of preauthorization by the consumer as is mutually agreed upon by the consumer and the consumer reporting agency.''. (c) Rules on Complaint Referral, Investigations, and Inquiries.-- Not later than 270 days after the date of enactment of this Act, the Federal Trade Commission (in this subsection referred to as the ``Commission'') shall promulgate rules in accordance with section 553 of title 5, United States Code-- (1) to require each consumer reporting agency (as defined in section 603 of the Fair Credit Reporting Act) to investigate discrepancies between personal or identifying information contained in the file maintained by the agency with respect to a consumer and in the personal and identifying information supplied to the agency by the user of the consumer report; (2) to develop procedures for referral of consumer complaints about identity theft and fraud alerts between and among the consumer reporting agencies and the Commission; and (3) to develop a model form and standard procedures to be used by consumers who are victims of identity fraud for contacting and informing creditors and consumer reporting agencies of the fraud. SEC. 4. TRUNCATION OF CREDIT CARD ACCOUNT NUMBERS. (a) In General.--Except as provided in this section, no person, firm, partnership, association, corporation, or limited liability company that accepts credit cards for the transaction of business shall print more than the last 5 digits of the credit card account number or the expiration date upon any receipt provided to the cardholder. (b) Limitation.--This section applies only to receipts that are electronically printed, and does not apply to transactions in which the sole means of recording the person's credit card account number is by handwriting or by an imprint or copy of the credit card. (c) Effective Date.--This section shall become effective on-- (1) January 1, 2006, with respect to any cash register or other machine or device that electronically prints receipts for credit card transactions that is in use before January 1, 2003; and (2) January 1, 2003, with respect to any cash register or other machine or device that electronically prints receipts for credit card transactions that is first put into use on or after January 1, 2003. (d) Effect on State Law.--Nothing in this section prevents a State from imposing requirements that are the same or substantially similar to the requirements of this section at any time before the effective date of this section. SEC. 5. FREE REPORTS ANNUALLY. Section 612(c) of the Fair Credit Reporting Act (15 U.S.C. 1681j(c)) is amended to read as follows: ``(c) Free Annual Disclosure.--Upon the request of the consumer, a consumer reporting agency shall make all disclosures pursuant to section 609 once during any 12-month period without charge to the consumer.''.

Identity Theft Prevention Act of 2001 - Amends the Truth in Lending Act to prescribe procedural guidelines under which a credit card issuer shall confirm changes of address.Amends the Fair Credit Reporting Act to prescribe procedural guidelines under which a consumer reporting agency shall: (1) notify the requester of a discrepancy in the address in the consumer file; (2) include a fraud alert in the file of a requesting consumer; and (3) make free annual disclosures upon consumer request.Confers enforcement jurisdiction upon the Federal Trade Commission.Mandates truncation of credit card account numbers, so that an entity that accepts credit cards for the transaction of business is prohibited from printing more than the last 5 digits of the credit card account number or the expiration date upon any receipt provided to the cardholder.

To prevent identity theft, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Legislative Line Item Veto Act of 1993.'' SEC. 2. ENHANCEMENT OF SPENDING CONTROL BY THE PRESIDENT. The Impoundment Control Act of 1974 is amended by adding at the end thereof the following new title: ``TITLE XI--LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY ``Part A--Legislative Line Item Veto Rescission Authority ``grant of authority and conditions ``Sec. 1101. (a) In General.--Notwithstanding the provisions of part B of title X and subject to the provisions of part B of this title, the President may rescind all or part of any budget authority, if the President-- ``(1) determines that-- ``(A) such rescission would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; ``(B) such rescission will not impair any essential Government functions; and ``(C) such rescission will not harm the national interest; and ``(2)(A) notifies the Congress of such rescission by a special message not later than 20 calendar days (not including Saturdays, Sundays, or holidays) after the date of enactment of a regular or supplemental appropriations Act or a joint resolution making continuing appropriations providing such budget authority; or ``(B) notifies the Congress of such rescission by special message accompanying the submission of the President's budget to Congress and such rescissions have not been proposed previously for that fiscal year. The President shall submit a separate rescission message for each appropriations bill under paragraph (2)(A). ``(b) Rescission Effective Unless Disapproved.--(1)(A) Any amount of budget authority rescinded under this title as set forth in a special message by the President shall be deemed canceled unless during the period described in subparagraph (B), a rescission disapproval bill making available all of the amount rescinded is enacted into law. ``(B) The period referred to in subparagraph (A) is-- ``(i) a Congressional review period of 20 calendar days of session under part B, during which Congress must complete action on the rescission disapproval bill and present such bill to the President for approval or disapproval; ``(ii) after the period provided in clause (i), an additional 10 days (not including Sundays) during which the President may exercise his authority to sign or veto the rescission disapproval bill; and ``(iii) if the President vetoes the rescission disapproval bill during the period provided in clause (ii), an additional 5 calendar days of session after the date of the veto. ``(2) If a special message is transmitted by the President under this section during any Congress and the last session of such Congress adjourns sine die before the expiration of the period described in paragraph (1)(B), the rescission shall not take effect. The message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the review period referred to in paragraph (1)(B) (with respect to such message) shall run beginning after such first day. ``definitions ``Sec. 1102. For purposes of this title the term `rescission disapproval bill' means a bill or joint resolution which only disapproves a rescission of budget authority, in whole, rescinded in a special message transmitted by the President under section 1101. ``Part B--Congressional Consideration of Legislative Line Item Veto Rescissions ``presidential special message ``Sec. 1111. Whenever the President rescinds any budget authority as provided in section 1101, the President shall transmit to both Houses of Congress a special message specifying-- ``(1) the amount of budget authority rescinded; ``(2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; ``(3) the reasons and justifications for the determination to rescind budget authority pursuant to section 1101(a)(1); ``(4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the rescission; and ``(5) all facts, circumstances, and considerations relating to or bearing upon the rescission and the decision to effect the rescission, and to the maximum extent practicable, the estimated effect of the rescission upon the objects, purposes, and programs for which the budget authority is provided. ``transmission of messages; publication ``Sec. 1112. (a) Delivery to House and Senate.--Each special message transmitted under sections 1101 and 1111 shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committees of the House of Representatives and the Senate. Each such message shall be printed as a document of each House. ``(b) Printing in Federal Register.--Any special message transmitted under sections 1101 and 1111 shall be printed in the first issue of the Federal Register published after such transmittal. ``procedure in senate ``Sec. 1113. (a) Referral.--(1) Any rescission disapproval bill introduced with respect to a special message shall be referred to the appropriate committees of the House of Representatives or the Senate, as the case may be. ``(2) Any rescission disapproval bill received in the Senate from the House shall be considered in the Senate pursuant to the provisions of this section. ``(b) Floor Consideration in the Senate.-- ``(1) Debate in the Senate on any rescission disapproval bill and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(2) Debate in the Senate on any debatable motion or appeal in connection with such a bill shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of the bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(3) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 1, not counting any day on which the Senate is not in session) is not in order. ``(c) Point of Order.--(1) It shall not be in order in the Senate or the House of Representatives to consider any rescission disapproval bill that relates to any matter other than the rescission of budget authority transmitted by the President under section 1101. ``(2) It shall not be in order in the Senate or the House of Representatives to consider any amendment to a rescission disapproval bill. ``(3) Paragraphs (1) and (2) may be waived or suspended in the Senate only by a vote of three-fifths of the members duly chosen and sworn.''.

Legislative Line Item Veto Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill.

Legislative Line Item Veto Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Petroleum Supply Act''. SEC. 2. PURCHASES FROM THE STRATEGIC PETROLEUM RESERVE BY ENTITIES IN THE INSULAR AREAS OF THE UNITED STATES. (a) General Provisions.--Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) is amended by adding at the end the following new subsection: ``(j)(1) With respect to each offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve: ``(A) the State of Hawaii, in addition to having the opportunity to submit a competitive bid, may-- ``(i) submit a binding offer, and shall on submission of the offer, be entitled to purchase a category of petroleum product specified in a notice of sale at a price equal to the volumetrically weighted average of the successful bids made for the remaining quantity of petroleum product within the category that is the subject of the offering; and ``(ii) submit one or more alternative offers, for other categories of petroleum product, that will be binding in the event that no price competitive contract is awarded for the category of petroleum product on which a binding offer is submitted under clause (i); and ``(B) at the request of the Governor of the State of Hawaii, petroleum product purchased by the State of Hawaii at a competitive sale or through a binding offer shall have first preference in scheduling for lifting. ``(2)(A) In administering this subsection, and with respect to each offering, the Secretary may impose the limitation described in subparagraph (B) or (C) that results in the purchase of the lesser quantity of petroleum product. ``(B) The Secretary may limit the quantity of petroleum product that the State of Hawaii may purchase through a binding offer at any one offering to one-twelfth of the total quantity of imports of petroleum product brought into the State during the previous year (or other period determined by the Secretary to be representative). ``(C) The Secretary may limit the quantity that may be purchased through binding offers at any one offering to 3 percent of the offering. ``(3) Notwithstanding any limitation imposed under paragraph (2), in administering this subsection, and with respect to each offering, the Secretary shall, at the request of the Governor of the State of Hawaii, or an eligible entity certified under paragraph (6), adjust the quantity to be sold to the State of Hawaii as follows: ``(A) The Secretary shall adjust upward to the next whole number increment of a full tanker load if the quantity to be sold is-- ``(i) less than one full tanker load; or ``(ii) greater than or equal to 50 percent of a full tanker load more than a whole number increment of a full tanker load. ``(B) The Secretary shall adjust downward to the next whole number increment of a full tanker load if the quantity to be sold is less than 50 percent of a full tanker load more than a whole number increment of a full tanker load. ``(4) The State of Hawaii may enter into an exchange or a processing agreement that requires delivery to other locations, so long as petroleum product of similar value or quantity is delivered to the State of Hawaii. ``(5) Except as otherwise provided in this Act, the Secretary may require the State of Hawaii to comply with the standard sales provisions applicable to purchasers of petroleum product at competitive sales. ``(6)(A) Notwithstanding the foregoing, and subject to subparagraphs (B) and (C), if the Governor of the State of Hawaii certifies to the Secretary that the State has entered into an agreement with an eligible entity to effectuate the purposes of this Act, such eligible entity may act on behalf of the State of Hawaii for purposes of this subsection. ``(B) The Governor of the State of Hawaii shall not certify more than one eligible entity under this paragraph for each notice of sale. ``(C) If the Secretary has notified the Governor of the State of Hawaii that a company has been barred from bidding (either prior to, or at the time that a notice of sale is issued), the Governor shall not certify such company under the paragraph. ``(7) As used in this subsection-- ``(A) the term `binding offer' means a bid submitted by the State of Hawaii for an assured award of a specific quantity of petroleum product, with a price to be calculated pursuant to this Act, that obligates the offeror to take title to the petroleum product without further negotiation or recourse to withdraw the offer; ``(B) the term `category of petroleum product' means a master line item within a notice of sale; ``(C) the term `eligible entity' means an entity that owns or controls a refinery that is located within the State of Hawaii; ``(D) the term `full tanker load' means a tanker of approximately 700,000 barrels of capacity, or such lesser tanker capacity as may be designated by the State of Hawaii; ``(E) the term `offering'' means a solicitation for bids for a quantity or quantities of petroleum product from the Strategic Petroleum Reserve as specified in the notice of sale; and ``(F) the term `notice of sale' means the document that announces-- ``(i) the sale of Strategic Petroleum Reserve products; ``(ii) the quantity, characteristics, and location of the petroleum product being sold; ``(iii) the delivery period for the sale; and ``(iv) the procedures for submitting offers.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of enactment of this Act or the date that final regulations are promulgated pursuant to section 3, whichever is sooner. SEC. 3. REGULATIONS. (a) In General.--The Secretary shall promulgate such regulations as are necessary to carry out the amendment made by section 2. (b) Administrative Procedure.--Regulations issued to carry out this section, and the amendment made by section 2, shall not be subject to-- (1) section 523 of the Energy Policy and Conservation Act (42 U.S.C. 6393); or (2) section 501 of the Department of Energy Organization Act (42 U.S.C. 7191). S 186 IS----2

Emergency Petroleum Supply Act - Amends the Energy Policy and Conservation Act with respect to each offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve (SPR) to prescribe guidelines according to which the State of Hawaii may: (1) submit binding offers for and purchase categories of such product, receiving, at the Governor's request, first preference in scheduling for lifting; and (2) enter into agreements with eligible entities (local refineries) which may act on the State's behalf.

Emergency Petroleum Supply Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Unemployment Compensation Act of 2003''. SEC. 2. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 2002. (a) In General.--Section 208 of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30) is amended to read as follows: ``SEC. 208. APPLICABILITY. ``(a) In General.--Except as provided in subsection (b), an agreement entered into under this title shall apply to weeks of unemployment-- ``(1) beginning after the date on which such agreement is entered into; and ``(2) ending before June 1, 2003. ``(b) Transition for Amount Remaining in Account.-- ``(1) In general.--Subject to paragraphs (2) and (3), in the case of an individual who has amounts remaining in an account established under section 203 as of May 31, 2003, temporary extended unemployment compensation shall continue to be payable to such individual from such amounts for any week beginning after such date for which the individual meets the eligibility requirements of this title. ``(2) No augmentation after may 31, 2003.--If the account of an individual is exhausted after May 31, 2003, then section 203(c) shall not apply and such account shall not be augmented under such section, regardless of whether such individual's State is in an extended benefit period (as determined under paragraph (2) of such section). ``(3) Limitation.--No compensation shall be payable by reason of paragraph (1) for any week beginning after December 31, 2003.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21). SEC. 3. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION. (a) Entitlement to Additional Weeks.-- (1) In general.--Paragraph (1) of section 203(b) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended to read as follows: ``(1) In general.--The amount established in an account under subsection (a) shall be equal to 26 times the individual's weekly benefit amount for the benefit year.''. (2) Conforming amendment.--Section 203(c)(1) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended by inserting ``one half of'' before ``the amount originally established in such account''. (b) Effective Date.-- (1) In general.--Subject to paragraphs (2) and (3), the amendments made by subsection (a) shall apply with respect to weeks of unemployment beginning on or after the date of enactment this Act. (2) Resumption of benefits.-- (A) Rule applicable to exhaustees.--In the case of any individual-- (i) to whom any temporary extended unemployment compensation was payable for any week beginning before January 1, 2003; and (ii) who exhausted such individual's rights to such compensation (by reason of the payment of all amounts in such individual's temporary extended unemployment compensation account) before January 1, 2003, such individual's eligibility for any additional weeks of temporary extended unemployment compensation by reason of the amendments made by this Act shall apply with respect to weeks of unemployment beginning on or after the date of enactment of this Act. (B) Rule applicable to nonexhaustees.--In the case of any individual-- (i) to whom any temporary extended unemployment compensation was payable for any week beginning before January 1, 2003, and (ii) as to whom the condition described in clause (i)(II) does not apply, such individual shall, upon appropriate application, be eligible for temporary extended unemployment compensation (in accordance with the provisions of the Temporary Extended Unemployment Compensation Act of 2002, as amended by this Act) with respect to any weeks of unemployment beginning on or after December 29, 2002. (3) Date for determining eligibility of exhaustees for augmented benefits.--In the case of any individual described in paragraph (2)(A), the determination under section 203(c) of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) as to whether such individual's State is in an extended benefit period (for purposes of determining eligibility for augmented benefits under such Act, as amended by this Act) shall be made-- (A) without regard to whether or not such a determination was made under the Temporary Extended Unemployment Compensation Act of 2002, as in effect before the amendments made by this Act; and (B)(i) in the case of any individual who did not receive augmented benefits as a result of the application of section 203(c) of such Act (as in effect before the amendments made by this Act), as of the date of enactment of this Act; or (ii) in the case of any individual who is not described in clause (i), at the time that the individual's account is exhausted under the Temporary Extended Unemployment Compensation Act of 2002, as amended by this Act.

Emergency Unemployment Compensation Act of 2003 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA, which is title II of the Job Creation and Worker Assistance Act of 2002, PL107-147) to extend the TEUCA program through weeks of unemployment ending before June 1, 2003.Provides for a transition period of continuing payments to individuals with amounts remaining in their TEUC account after May 31, 2003, for weeks beginning before December 31, 2003.Entitles eligible individuals in all States to a total of 26 weeks of TEUCA compensation (13 weeks beyond the current 13 weeks). Makes such additional benefits also available to individuals who exhausted their TEUCA benefits before January 1, 2003.

A bill to provide economic security for America's workers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Heritage Firearms Act of 2004''. SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS. (a) Registration.--Subject to such regulations as the Attorney General may prescribe, the applicable veteran or a member of such a veteran's family, who owns and possesses a qualifying firearm, may register such firearm in the National Firearms Registration and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986) during the amnesty period. (b) Qualifying Firearm.-- (1) In general.--For purposes of this section, the term ``qualifying firearm'' means any firearm which was acquired-- (A) before October 31, 1968; and (B) by a veteran, while such veteran was a member of the Armed Forces and was stationed outside the continental United States. (2) Presumption of validity.--With respect to any firearm, in the absence of clear and convincing evidence to the contrary the Attorney General shall accept as true and accurate any affidavit, document, or other evidence submitted by an individual to establish that such firearm meets the requirements of paragraph (1). (c) Hearings.--If the Attorney General determines that any individual may not register a firearm under subsection (a) during the amnesty period, the Attorney General, upon the request of such individual, shall-- (1) provide such individual any evidence on which the Attorney General's decision is based; and (2) promptly hold a hearing to review such determination. (d) Limited Immunity.-- (1) Criminal liability under title 18.--Any individual who registers a firearm under subsection (a)-- (A) shall be treated, for purposes of subsections (a)(3), (o), (v), and (w) of section 922 of title 18, United States Code, as having lawfully acquired and possessed the firearm before the date of the enactment of chapter 44 of such title and each of such chapter's provisions; and (B) shall not be liable under chapter 44 of title 18, United States Code, for any violation of such chapter which-- (i) is based solely on such individual's ownership, possession, transportation, importation, or alteration of such firearm; and (ii) occurred before or concurrent with such registration. (2) Criminal liability under internal revenue code.--Except as provided in paragraph (3), any individual who registers a firearm under subsection (a) shall not be liable under chapter 53 or 75 of the Internal Revenue Code of 1986 for any violation of such chapters which relates to such firearm and which occurred before or concurrent with such registration. (3) Transfer tax liability.--Paragraph (2) shall not affect the liability of any individual for any transfer tax imposed under section 5811 of the Internal Revenue Code of 1986. (4) Attempts to register.--In the case of an applicable veteran or a member of such a veteran's family who attempts to register a qualifying firearm in the National Firearms Registration and Transfer Record at a time other than during the amnesty period, paragraphs (1), (2), and (3) shall apply with respect to such individual if such individual surrenders such firearm to a law enforcement agency not later than 30 days after notification by the Attorney General of potential criminal liability for continued possession of the firearm. (e) Forfeiture.--Any firearm registered under subsection (a) shall not be subject to seizure or forfeiture under chapter 53 or 75 of the Internal Revenue Code or chapter 44 of title 18, United States Code, for any violation of such chapters which relates to such firearm and which occurred before or concurrent with such registration. (f) Notice; Forms; Mailbox Rule.-- (1) Notice of amnesty period.--The Attorney General shall provide clear printed notices providing information regarding the amnesty period and registering a firearm during such period. To the extent feasible, the Attorney General shall ensure that such notices are posted in post offices, law enforcement buildings, buildings of the Department of Veterans Affairs, and in the businesses of licensed firearms dealers. (2) Forms.--The Attorney General shall make available any forms necessary for registering a firearm in the National Firearms Registration and Transfer Record. To the extent feasible, the Attorney General shall make such forms available in the locations referred to in paragraph (1) and through the website for the Bureau of Alcohol, Tobacco, Firearms, and Explosives. (3) Mailbox rule.--For purposes of this section, the Attorney General shall treat any form that is postmarked during the amnesty period as received during the amnesty period. (g) Definitions.--For purposes of this section: (1) Amnesty period.--The term ``amnesty period'' means the 90-day period beginning on the date that is 90 days after the date of the enactment of this Act. (2) Firearm.--The term ``firearm'' has the meaning given such term in section 5845 of the Internal Revenue Code of 1986, except that such term does not include-- (A) any device described in subsection (f)(1) of such section; or (B) any combination of parts-- (i) designed or intended for use in converting any device into a device described in subparagraph (A); or (ii) from which a device described in subparagraph (A) may be readily assembled. (3) Applicable veteran.--With respect to any firearm, the term ``applicable veteran'' means the veteran described in subsection (b)(1)(B). (4) Veteran.--The term ``veteran'' has the meaning given such term in section 101(2) of title 38, United States Code. (5) Family.--The term ``family'' means, with respect to a veteran, the grandparents of such veteran, the grandparents of such veteran's spouse, the lineal descendants of such grandparents, and any spouse of such a lineal descendant. A spouse of an individual who is legally separated from such individual under a decree of divorce or separate maintenance shall be treated as such individual's spouse for purposes of this paragraph. Individuals related by the half blood or by legal adoption shall be treated as if they were related by the whole blood for purposes of this paragraph. (6) Continental united states.--The term ``continental United States'' means the several States and the District of Columbia, but does not include Alaska or Hawaii. SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS. (a) Transfer of Forfeited Firearms to Museums.-- (1) In general.--The Attorney General shall transfer each firearm which has been forfeited to the United States to the first qualified museum that submits a request for such firearm in such form and manner as the Attorney General may specify. (2) Destruction of forfeited firearms prohibited.--The Attorney General shall not destroy any firearm which has been forfeited to the United States until the end of the 5-year period beginning on the date of such forfeiture. (3) Catalogue of firearms.--With respect to each firearm which is available to be transferred to a museum under paragraph (1), the Attorney General shall, not later than 60 days after the forfeiture of such firearm, publish information which identifies such firearm (including a picture) on the web page of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Such information shall be available to the public without cost and without restriction. (4) Registration of firearms.--Any firearm transferred under paragraph (1) to a qualified museum shall be registered to the transferee in the National Firearms Registration and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986). (5) Firearm.--For purposes of this subsection, the term ``firearm'' means any firearm (as defined in section 2(g)(2)) which is treated as a curio or relic under chapter 44 of title 18, United States Code. (6) Qualified museum.--For purposes of this subsection, the term ``qualified museum'' means-- (A) any museum owned or operated by a unit of Federal, State, or local government; and (B) any museum which-- (i) is open to the public; (ii) is incorporated as not-for-profit corporation under applicable state law; (iii) may possess a firearm in the collection of the museum under the laws of the State in which the collection of the museum is displayed; (iv) holds a license under chapter 44 of title 18, United States Code, as a collector of curios or relics; and (v) certifies to the Attorney General that-- (I) the museum is not engaged in the trade or business of buying or selling firearms, (II) with respect to the transfer of any firearm under paragraph (1), the museum is not requesting the transfer of such firearm for purpose of sale, and (III) the museum shall, not later than 90 days after the date on which such museum ceases operations, file an application pursuant to chapter 53 of the Internal Revenue Code of 1986 to transfer any machinegun transferred to the museum under paragraph (1) to an entity or person who may lawfully possess such machinegun under section 922(o) of title 18, United States Code, or abandon such machinegun to Federal, State, or local law enforcement authorities. (b) Transfer of Machineguns to Museums.--Section 922(o)(2) of title 18, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: ``(B) a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable State law; or''.

Veterans' Heritage Firearms Act of 2004 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the armed forces stationed outside the continental United States. Grants such an individual limited immunity under the Federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration. Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession. Requires the Attorney General to: (1) transfer each firearm qualifying as a curio or relic which has been forfeited to the United States to the first qualified museum that requests it; and (2) publish information identifying each such firearm which is available to be transferred to a museum. Prohibits the Attorney General from destroying any such firearm which has been forfeited until five years after the forfeiture. Requires that any firearm transferred to a qualified museum be registered to the transferee. Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable State law.

To provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Monument Designation Transparency and Accountability Act of 2010''. SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS. Section 2 of the Act of June 8, 1906 (commonly known as the ``Antiquities Act of 1906'') (16 U.S.C. 431) is amended-- (1) by striking ``sec. 2. That the President'' and inserting the following: ``SEC. 2. DESIGNATION OF NATIONAL MONUMENTS. ``(a) In General.--Subject to the requirements of this section, the President''; (2) by striking ``Provided, That when such objects are situated upon'' and inserting the following: ``(b) Relinquishment of Private Claims.--In cases in which an object described in subsection (a) is located on''; (3) in subsection (a) (as designated by paragraph (1)), by striking ``compatible with the proper care and mangagement of the objects to be protected:'' and inserting ``necessary to ensure the proper care and mangagement of the objects to be protected.''; and (4) by adding at the end the following: ``(c) Requirements for Designation of National Monuments.-- ``(1) In general.--The President may not issue a proclamation to designate a national monument under subsection (a) before the date that is 30 days after the date on which the President provides the proposed proclamation to-- ``(A) Congress; and ``(B) the Governor of each State, the chief elected official of each unit of local government, and the governing entity of each tribal government with jurisdiction over any parcel of land located within the boundary of the proposed national monument. ``(2) Public participation.-- ``(A) Public hearing requirement.-- ``(i) In general.--Subject to clause (v), not later than 90 days after the date on which the President issues a proclamation under subsection (a), the Secretary of the Interior (referred to in this section as the `Secretary') shall hold at least 1 public hearing within a county or comparable unit of local government, any part of which is located within the boundary of the proposed national monument. ``(ii) Notice.--Not later than 30 days before a public hearing is to be held under clause (i), the Secretary shall provide notice of the hearing to the public, including by publishing a notice in local newspapers and sending a written notice to stakeholders of the appropriate National Forest or Bureau of Land Management district. ``(iii) Participation; comments.--The Secretary shall-- ``(I) ensure that all interested individuals are afforded an opportunity to participate in a hearing held under clause (i); ``(II) solicit comments from the public at the hearing; and ``(III) enter into the record all comments received at, or related to, the hearing. ``(iv) Availability of record.-- ``(I) In general.--As soon as practicable after the date of a hearing held under clause (i), the Secretary shall make the record of the hearing (including a transcript of the hearing) available to the public on the Internet or by other electronic means. ``(II) Components.--The Secretary shall ensure that any components of the record of the hearing that are completed before the entire record is finalized are made available on completion of each of the components. ``(v) Waiver.--The Secretary may decline to hold a public hearing under clause (i) if each unit of local government and tribal government within the boundary of the proposed national monument expressly waives the right to a hearing. ``(B) Notice and comment period requirement.--Not later than 30 days after the date on which the President issues a proclamation under subsection (a), the Secretary shall initiate a notice and comment period to receive comments from the public regarding the proclamation. ``(C) Report.-- ``(i) Contents.--Not later than 1 year after the date on which the President issues a proclamation designating a national monument under subsection (a), the President shall submit to Congress a report that includes-- ``(I) an analysis of the economic impact of the designation on the communities within the boundary of the national monument, including an estimate of the tax revenues that would be lost to, or gained by, the Federal Government and State and local governments as a result of the designation; ``(II) an analysis of the impact the designation would have on energy security, including-- ``(aa) an analysis of the effects of the loss of sites to produce wind, geothermal, or solar energy; and ``(bb) an estimate of the number of barrels of oil, tons of coal, or cubic feet of natural gas that would become unavailable as a result of the proclamation; ``(III) the projected impact of the designation on interests, rights, and uses associated with the parcels of land within the boundary of the national monument (including water rights, hunting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits); ``(IV) the record of any hearings held under subparagraph (A); and ``(V) any written comments received during the notice and comment period under subparagraph (B). ``(ii) Required coordination.--The preparation of the report under clause (i) shall be coordinated with the governing bodies described in section 210 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1720). ``(iii) Publication.--The President shall ensure that there is published on the White House website-- ``(I) during the period in which the report prepared under clause (i) is being compiled, each component of the report that is completed, on completion of the component; and ``(II) on submission of the report to Congress, the completed report. ``(D) Implementation guidelines.--The Secretary, in cooperation with the States, shall develop and publish guidelines to provide for the implementation of this paragraph. ``(3) Congressional approval of proclamation.-- ``(A) Approval required.--A proclamation issued under subsection (a) shall cease to be effective on the date that is 2 years after the date on which the President issued the proclamation, unless the proclamation is approved by an Act of Congress on or before the last day of that 2-year period. ``(B) Management of land before approval.--During the period beginning on the date of issuance of a proclamation under subsection (a) and the date of approval of the proclamation under subparagraph (A), the President shall ensure that any restriction placed on land and interests, rights, or uses associated with the parcels of land designated as a national monument (including water rights, hunting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits) is narrowly tailored and necessary for the proper care and management of the objects to be protected. ``(C) Effect of nonapproval.--If Congress does not approve a proclamation to designate a national monument under subparagraph (A), any reservation of land made by the proclamation, and any restriction imposed as a result of the proclamation on interests, rights, or uses associated with the parcels of land, shall cease to be effective on the date that is 2 years after the date of the issuance of the proclamation. ``(D) Prohibition on repeat proclamations.--The President may not issue a proclamation that is substantially similar to a proclamation previously issued under subsection (a) that Congress has not approved under subparagraph (A). ``(d) Limitation on Restrictions.--The President shall ensure that any restriction placed on land and interests, rights, or uses associated with the parcels of land designated as a national monument by a proclamation issued under this section is narrowly tailored and necessary to ensure the proper care and management of the objects to be protected. ``(e) Effect on Certain States.--Nothing in this section affects-- ``(1) the limitations on designations in the State of Alaska under section 906(j)(5) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1635(j)(5)); or ``(2) the limitations on designations in the State of Wyoming under the proviso of the last sentence of the first section of the Act of September 14, 1950 (64 Stat. 849, chapter 950; 16 U.S.C. 431a).''.

National Monument Designation Transparency and Accountability Act of 2010 - Amends the Antiquities Act of 1906 to require land reserved as part of a national monument to be confined to the smallest area necessary to ensure the proper care and management of the objects to be protected by the monument. Sets forth requirements for the designation of national monuments under the Act. Bars the President from issuing a proclamation to designate a national monument under this Act before the date that is 30 days after the date on which the proposed proclamation is provided by the President to Congress, the governor of each state, and specified local and tribal government officials having jurisdiction over any parcel of land within the boundary of the proposed monument. Requires at least one public hearing and a notice and comment period after the issuance of a proclamation to designate a national monument. Requires the President to report to Congress on any hearings held, any written comments received, and the impact of such designation on communities within the boundary of the monument, the nation's energy security, and interests, rights, and uses associated with the land within the monument. Makes a proclamation ineffective two years after its issuance, unless it is approved by an Act of Congress. Bars the issuance of a proclamation by the President that is substantially similar to a previously issued proclamation that Congress did not approve within the two-year period.

A bill to amend the Act of June 8, 1906, to require certain procedures for designating national monuments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intercity Passenger Rail Trust Fund Act of 1995''. SEC. 2. INTERCITY PASSENGER RAIL TRUST FUND. (a) Establishment of Trust Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9512. INTERCITY PASSENGER RAIL TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Intercity Passenger Rail Trust Fund', consisting of such amounts as may be transferred or credited to the Trust Fund as provided in section 9503(c)(7) or section 9602(b). ``(b) Expenditures From Trust Fund.-- ``(1) In general.--Except as provided in paragraph (2), amounts in the Intercity Passenger Rail Trust Fund shall be available, as provided by appropriation Acts, to finance qualified expenses of-- ``(A) the National Railroad Passenger Corporation, and ``(B) each eligible State, to the extent determined under paragraph (3). ``(2) Direct spending amounts.--The following amounts in the Intercity Passenger Rail Trust Fund are hereby appropriated to finance qualified expenses: Amount ``Fiscal year: Available: 1996.......................................... $131,000,000 1997.......................................... 663,000,000 1998.......................................... 667,000,000 1999.......................................... 670,000,000 2000.......................................... 672,000,000. ``(3) Maximum amount of funds to eligible states.--Each eligible State shall receive under this subsection an amount equal to the lesser of-- ``(A) the State's qualified expenses for the fiscal year, or ``(B) the product of-- ``(i) \1/12\ of 1 percent of the lesser of-- ``(I) the aggregate amounts transferred and credited to the Intercity Passenger Rail Trust Fund under subsection (a) for such fiscal year, or ``(II) the aggregate amounts appropriated from the Intercity Passenger Rail Trust Fund under this subsection for such fiscal year, and ``(ii) the number of months such State was an eligible State in the preceding fiscal year. If the amount determined under subparagraph (B) exceeds the amount under subparagraph (A) for any fiscal year, the amount under subparagraph (B) for the following fiscal year shall be increased by the amount of such excess. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified expenses.--The term `qualified expenses' means expenses incurred, with respect to obligations made, after December 31, 1995, and before October 1, 2000-- ``(A) in the case of-- ``(i) the National Railroad Passenger Corporation, for capital improvements in intercity passenger rail service, or ``(ii) an eligible State, for capital improvements in intercity rail service, and ``(B) certified by the Secretary of Transportation as meeting the requirements of subparagraph (A). ``(2) Eligible state.--The term `eligible State' means any State which does not receive intercity passenger rail service from the National Railroad Passenger Corporation. ``(d) Termination.--The Secretary shall determine and retain, not later than October 1, 2000, the amount in the Intercity Passenger Rail Trust Fund necessary to pay any outstanding qualified expenses, and shall transfer any amount not so retained to the Mass Transit Account under section 9503(e).'' (b) Transfers From Highway Trust Fund.--Section 9503(c) of the Internal Revenue Code of 1986 (relating to expenditures from Highway Trust Fund) is amended by adding at the end the following new paragraph: ``(7) Transfers from trust fund for intercity passenger rail.-- ``(A) In general.--The Secretary shall transfer from time to time from the Highway Trust Fund to the Intercity Passenger Rail Trust Fund under section 9512 the intercity passenger rail portion of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after December 31, 1995, and before October 1, 2000. ``(B) Intercity passenger rail portion.--For purposes of subparagraph (A), the term `intercity passenger rail portion' means the amount-- ``(i) determined at the rate of 0.5 cent for each gallon with respect to which tax was imposed under section 4041 or 4081, and ``(ii) reduced (but not below zero) by the amount by which-- ``(I) the outlays of the Mass Transit Account for the fiscal year with respect to which such tax was imposed, as estimated by the Secretary, exceed ``(II) the available funds in the Mass Transit Account for such fiscal year (as so estimated).'' (c) Conforming Amendments.-- (1) Section 9503(e)(2) of the Internal Revenue Code of 1986 (relating to transfers to mass transit account) is amended by striking ``4081.'' and inserting ``4081 (for the period beginning after December 31, 1995, and ending before October 1, 2000, an amount determined at the rate of 1.5 cents for each such gallon, increased by the amount described in subsection (c)(7)(B)(ii)).''. (2) The table of sections for subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following new item: ``Sec. 9512. Intercity Passenger Rail Trust Fund.'' (d) Effective Date.--The amendments made by this section shall apply with respect to taxes imposed after December 31, 1995.

Intercity Passenger Rail Trust Fund Act of 1995 - Amends the Internal Revenue Code to establish the Intercity Passenger Rail Trust Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) eligible States. Makes appropriations in specified amounts for FY 1996 through 2000 to such Fund. Directs the Secretary of Transportation, by October 1, 2000, to determine and retain the amount in the Intercity Passenger Rail Fund necessary to pay any outstanding qualified expenses and to transfer any amount not so retained to the Mass Transit Fund. Authorizes the Secretary to transfer from time to time from the Highway Trust Fund to the Intercity Passenger Rail Trust Fund the intercity passenger rail portion of specified funds appropriated to the Highway Trust Fund.

Intercity Passenger Rail Trust Fund Act of 1995

SECTION 1. USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEMS BY CHILDREN. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Use of safety belts and child restraint systems by children ``(a) Definitions.--In this section, the following definitions apply: ``(1) Child safety restraint law.--The term `child safety restraint law' means a State law that prohibits the driver of a passenger motor vehicle from driving the vehicle whenever there is in the vehicle a child under the age of 16 who does not have a safety belt properly fastened about the child's body, except if the child is under the age of 9 and is properly secured in a child safety seat or other appropriate restraint system in accordance with the instructions of the manufacturer of such seat or system. ``(2) Child safety seat.--The term `child safety seat' means a specially designed seating system (including booster and child safety seats) which meets the Federal motor vehicle safety standards set forth in section 571.213 of title 49 of the Code of Federal Regulations, as such section may be amended from time to time, and which is either permanently affixed to a passenger motor vehicle or is affixed to a passenger motor vehicle by a safety belt or a universal attachment system. ``(3) Motor vehicle.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. ``(4) Multipurpose passenger vehicle.--The term `multipurpose passenger vehicle' means a motor vehicle with motive power (except a trailer), designed to carry not more than 10 individuals, that is constructed either on a truck chassis or with special features for occasional off-road operation. ``(5) Passenger car.--The term `passenger car' means a motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer) designed to carry not more than 10 individuals. ``(6) Passenger motor vehicle.--The term `passenger motor vehicle' means a passenger car or a multipurpose passenger vehicle. ``(7) Safety belt.--The term `safety belt' means-- ``(A) with respect to open-body passenger motor vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt meeting applicable Federal motor vehicle safety standards; and ``(B) with respect to other passenger motor vehicles, an occupant restraint system consisting of integrated lap and shoulder belts meeting applicable Federal motor vehicle standards. ``(b) Transfer of Funds.-- ``(1) Fiscal year 2009.--On October 1, 2008, if a State has not enacted a child safety restraint law, the Secretary shall transfer an amount equal to 4 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used to implement a statewide comprehensive child and other passenger protection education program to promote child and other passenger safety, including education programs about proper seating positions for children in air bag equipped motor vehicles and instruction that increases the proper use of child restraint systems. ``(2) Fiscal year 2010.--On October 1, 2009, if a State has not enacted a child safety restraint law, the Secretary shall transfer an amount equal to 6 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used as described in paragraph (1) of this subsection. ``(3) Fiscal year 2011.--On October 1, 2010, if a State has not enacted a child safety restraint law, the Secretary shall transfer an amount equal to 8 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used as described in paragraph (1) of this subsection. ``(4) Fiscal year 2012 and thereafter.--On October 1, 2011, and each October 1 thereafter, if a State has not enacted a child safety restraint law, the Secretary shall transfer an amount equal to 10 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used as described in paragraph (1) of this subsection. ``(c) Federal Share.--The Federal share of the cost of a project carried out with funds transferred under subsection (b) shall be 100 percent. ``(d) Derivation of Amount to Be Transferred.--The amount to be transferred under subsection (b)(1), (b)(2), (b)(3), or (b)(4) may be derived from 1 or more of the following: ``(1) The apportionment of the State under section 104(b)(1). ``(2) The apportionment of the State under section 104(b)(3). ``(3) The apportionment of the State under section 104(b)(4). ``(f) Transfer of Obligation Authority.-- ``(1) In general.--If the Secretary transfers under this section any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under paragraph (2), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402. ``(2) Amount.--The amount of obligation authority referred to in paragraph (1) shall be determined by multiplying-- ``(A) the amount of funds transferred under this section to the apportionment of the State under section 402 for the fiscal year; by ``(B) the ratio that-- ``(i) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs; bears to ``(ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year. ``(g) Limitation on Applicability of Obligation Limitation.-- Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this section to the apportionment of a State under such section.''. (b) Conforming Amendment.--The analysis for such subchapter is amended by adding at the end the following: ``165. Use of safety belts and child restraint systems by children.''.

Amends Federal highway law to direct the Secretary of Transportation to transfer a specified percentage of Federal-aid highway program funds apportioned to a State to its apportionment of highway safety program funds, if the State has not enacted a child safety restraint law. Requires the State to use such transferred funds to implement a statewide comprehensive child and other passenger protection education program to promote child and other passenger safety, including education programs about proper seating positions for children in air bag-equipped motor vehicles and instruction that increases the proper use of child restraint systems.

To amend title 23, United States Code, relating to the use of safety belts and child restraint systems by children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Mariana Islands College Access Act of 2010''. SEC. 2. PURPOSE. It is the purpose of this Act to establish a program that enables college-bound residents of the Northern Mariana Islands to have greater choices among institutions of higher education. SEC. 3. PUBLIC SCHOOL GRANTS. (a) Grants.-- (1) In general.--From amounts appropriated under subsection (i), the Governor shall award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution. (2) Maximum student amounts.--The amount paid on behalf of an eligible student under this section shall be-- (A) not more than $15,000 for any one award year (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)); and (B) not more than $75,000 in the aggregate. (3) Proration.--The Governor shall prorate payments under this section for students who attend an eligible institution on less than a full-time basis. (b) Reduction for Insufficient Appropriations.-- (1) In general.--If the funds appropriated pursuant to subsection (i) for any fiscal year are insufficient to award a grant in the amount determined under subsection (a) on behalf of each eligible student enrolled in an eligible institution, then the Governor, in consultation with the Secretary of Education, shall-- (A) first, ratably reduce the amount of the tuition and fee payment made on behalf of each eligible student who has not received funds under this section for a preceding year; and (B) after making reductions under subparagraph (A), ratably reduce the amount of the tuition and fee payments made on behalf of all other eligible students. (2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- (A) the financial need of the eligible students to avoid undue hardship to the eligible students; or (B) undue administrative burdens on the Governor. (3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and need of eligible students. (c) Definitions.--In this section: (1) Eligible institution.--The term ``eligible institution'' means an institution that-- (A) is a public four-year institution of higher education located in one of the several States, the District of Columbia, Puerto Rico, or Guam; (B) 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 (C) enters into an agreement with the Governor containing such conditions as the Governor may specify, including a requirement that the institution use the funds made available under this section to supplement and not supplant assistance that otherwise would be provided to eligible students from the Northern Mariana Islands. (2) Eligible student.--The term ``eligible student'' means an individual who-- (A) was domiciled in the Northern Mariana Islands for not less than the 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; (B) graduated from a secondary school in the Northern Mariana Islands, or received the recognized equivalent of a secondary school diploma while domiciled in the Northern Mariana Islands, on or after January 1, 2008; (C) begins the individual's undergraduate course of study within the three calendar years (excluding any period of service on active duty in the Armed Forces, or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation from a secondary school, or obtaining the recognized equivalent of a secondary school diploma; (D) is enrolled or accepted for enrollment, on at least a half-time basis, in a baccalaureate degree or other program (including a program of study abroad approved for credit by the institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution; (E) if enrolled in an eligible institution, is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)); and (F) has not completed the individual's first undergraduate baccalaureate course of study. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Governor.--The term ``Governor'' means the Governor of the Commonwealth of the Northern Mariana Islands. (5) Secondary school.--The term ``secondary school'' has the meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (d) Construction.--Nothing in this Act shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable an eligible student to enroll in the institution. (e) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. (f) Administration of Program.-- (1) In general.--The Governor shall carry out the program under this section in consultation with the Secretary. The Governor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Governor determines that doing so is a more efficient way of carrying out the program. (2) Policies and procedures.--The Governor, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. (3) Memorandum of agreement.--The Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- (A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and (B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090)). (g) Governor's Report.--The Governor shall report to Congress annually regarding-- (1) the number of eligible students attending each eligible institution and the amount of the grant awards paid to those institutions on behalf of the eligible students; (2) the extent, if any, to which a ratable reduction was made in the amount of tuition and fee payments made on behalf of eligible students; and (3) the progress in obtaining recognized academic credentials of the cohort of eligible students for each year. (h) GAO Report.--Beginning on the date of the enactment of this Act, the Comptroller General of the United States shall monitor the effect of the program assisted under this section on educational opportunities for eligible students. The Comptroller General shall analyze whether eligible students had difficulty gaining admission to eligible institutions because of any preference afforded in-State residents by eligible institutions, and shall expeditiously report any findings regarding such difficulty to Congress and the Governor. In addition the Comptroller General shall-- (1) analyze the extent to which there are an insufficient number of eligible institutions to which Northern Mariana Islands students can gain admission, including admission aided by assistance provided under this Act, due to-- (A) caps on the number of out-of-State students the institution will enroll; (B) significant barriers imposed by academic entrance requirements (such as grade point average and standardized scholastic admissions tests); and (C) absence of admission programs benefitting minority students; and (2) report the findings of the analysis described in paragraph (1) and the assessment described in paragraph (2) to Congress and the Governor. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Commonwealth of the Northern Mariana Islands to carry out this section $10,000,000 for each of the fiscal years 2010 through 2015, and such sums as may be necessary for each of the succeeding fiscal years. Such funds shall remain available until expended. (j) Effective Date.--This section shall take effect with respect to payments for periods of instruction that begin on or after January 1, 2010. SEC. 4. GENERAL REQUIREMENTS. (a) Personnel.--The Secretary of Education shall arrange for the assignment of an individual, pursuant to subchapter VI of chapter 33 of title 5, United States Code, to serve as an adviser to the Governor with respect to the programs assisted under this Act. (b) Administrative Expenses.--The Governor may use not more than 5 percent of the funds made available for a program under section 3 for a fiscal year to pay the administrative expenses of a program under section 3 for the fiscal year. (c) Inspector General Review.--Each of the programs assisted under this Act shall be subject to audit and other review by the Inspector General of the Department of Education in the same manner as programs are audited and reviewed under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Gifts.--The Governor may accept, use, and dispose of donations of services or property for purposes of carrying out this Act. (e) Maximum Student Amount Adjustments.--The Governor shall establish rules to adjust the maximum student amounts described in section 3(a)(2)(B) for eligible students described in section 3(c)(2) who transfer between the eligible institutions described in section 3(c)(1)(A).

Northern Mariana Islands College Access Act of 2010 - Directs the Governor of the Northern Mariana Islands to use federal funds authorized by this Act to award grants to public four-year institutions of higher education (IHEs) located in the states, the District of Columbia, Puerto Rico, or Guam to cover the difference between the in-state and out-of-state tuition and fees for students who have: (1) been domiciled in the Northern Mariana Islands for at least the 12 months preceding their enrollment in the IHE; and (2) received on or after January 1, 2008, a secondary school diploma or its equivalent while domiciled there. Requires the Comptroller General to monitor the progam's effectiveness in expanding educational opportunities for such students.

To establish a program that enables college-bound residents of the Northern Mariana Islands to have greater choices among institutions of higher education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Private Vocational Partnership Act of 2003''. SEC. 2. DONATIONS TO HIGH SCHOOLS AND COMMUNITY COLLEGES FOR VOCATIONAL EDUCATION PURPOSES. (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. 45G. DONATIONS TO HIGH SCHOOLS AND COMMUNITY COLLEGES FOR VOCATIONAL EDUCATION PURPOSES. ``(a) General Rule.--For purposes of section 38, in the case of a corporation (as defined in section 170(e)(4)(D)), the vocational education donation credit determined under this section for the taxable year is an amount equal to the sum of-- ``(1) 90 percent of the fair market value of qualified property donations made during the taxable year, plus ``(2) the aggregate of the intern credit amounts. ``(b) Limitations.-- ``(1) Qualified property donations.--The amount allowed as a credit under subsection (a)(1) shall not exceed $50,000. ``(2) Intern credit amount.-- ``(A) In general.--The amount allowed as a credit under subsection (a)(2) with respect to a qualified intern shall be the amount equal to $100 multiplied by the number of months during the taxable year in which the intern was an employee of the taxpayer. ``(B) Aggregate per intern credit amounts.--The aggregate amount allowed to the taxpayer as a credit under subsection (a)(2) for the taxable year shall not exceed $6,000. ``(c) Qualified Property Donations.--For purposes of this section, the term `qualified property donations' means a charitable contribution (as defined in section 170(c)) of tangible personal property if-- ``(1) the contribution is to an educational organization described in section 170(b)(1)(A)(ii) which is a high school or community college, ``(2) substantially all of the use of the property by the donee is for use within the United States for educational purposes that are related to the purpose or function of the donee, ``(3) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, ``(4) the property will fit productively into the donee's education plan, ``(5) the donee's use and disposition of the property will be in accordance with the provisions of paragraphs (2), (3), and (4), and ``(6) the property meets such standards, if any, as the Secretary may prescribe by regulation to assure that the property meets minimum functionality and suitability standards for educational purposes. ``(d) Qualified Intern.--For purposes of this section-- ``(1) In general.--The term `qualified intern' means an individual-- ``(A) who is enrolled full-time as a student in a high school or community college, and ``(B) who is employed for not more than 20 hours per week by the taxpayer as part of a vocational education course approved by such school or college. ``(2) High school.--The term `high school' means any school which provides secondary education in grades 9 through 12, as determined under State law, and which offers a program of education in vocational education. ``(3) Community college.--The term `community college' means a public or nonprofit private postsecondary regionally accredited institution that provides not less than a 2-year program of instruction that is acceptable for full credit toward a bachelor's degree at an accredited institution and whose highest degree offered is predominantly the associate degree. ``(e) Aggregation Rule.--For purposes of subsection (b), all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (n) or (o) of section 414 shall be treated as one person. ``(f) Coordination With Section 170(b).--The limitation which would (but for this subsection) apply under section 170(b) for any taxable year shall be reduced (but not below zero) by the fair market value of property taken into account in determining the credit allowed under subsection (a)(1) for such year.''. (b) Credit To Be Part of General Business Credit.-- (1) Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) in the case of a corporation (as defined in section 170(e)(4)(D)), the vocational education donation credit determined under section 45G(a).''. (2) Section 39(d) of such Code (relating to transition rules) is amended by adding at the end the following new paragraph: ``(11) No carryback of vocational education donation credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the vocational education donation credit determined under section 45G may be carried to a taxable year beginning before January 1, 2003.''. (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 the following new subsection: ``(d) Vocational Education Donations.--The deduction otherwise allowed for amounts taken into account under section 45G shall be reduced by the amount of the credit determined under section 45G(a) with respect to such amounts.''. (d) 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 45F the following new item: ``Sec. 45G. Donations to high schools and community colleges for vocational education purposes.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Public Private Vocational Partnership Act of 2003 - Amends the Internal Revenue Code to allow a limited business credit for charitable contributions of tangible personal property to high schools and community colleges.

To amend the Internal Revenue Code of 1986 to allow a business credit for donations for vocational educational purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Prohibition Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) some individuals have announced that they will attempt to clone human beings using the technique known as somatic cell nuclear transfer already used with limited success in sheep and other animals; (2) nearly all scientists agree that such attempts pose a massive risk of producing children who are stillborn, unhealthy, or severely disabled, and considered opinion is virtually unanimous that such attempts are therefore grossly irresponsible and unethical; (3) efforts to create human beings by cloning mark a new and decisive step toward turning human reproduction into a manufacturing process in which children are made in laboratories to preordained specifications and, potentially, in multiple copies; (4) because it is an asexual form of reproduction, cloning confounds the meaning of ``father'' and ``mother'' and confuses the identity and kinship relations of any cloned child, and thus threatens to weaken existing notions regarding who bears which parental duties and responsibilities for children; (5) because cloning requires no personal involvement by the person whose genetic material is used, cloning could easily be used to reproduce living or deceased persons without their consent; (6) creating cloned live-born human children (sometimes called ``reproductive cloning'') necessarily begins by creating cloned human embryos, a process which some also propose as a way to create embryos for research or as sources of cells and tissues for possible treatment of other humans; (7) the prospect of creating new human life solely to be exploited and destroyed in this way has been condemned on moral grounds by many, including supporters of a right to abortion, as displaying a profound disrespect for life, and recent scientific advances with adult stem cells indicate that there are fruitful and morally unproblematic alternatives to this approach; (8) in order to be effective, a ban on human cloning must stop the cloning process at the beginning because-- (A) cloning would take place within the privacy of a doctor-patient relationship; (B) the transfer of embryos to begin a pregnancy is a simple procedure; and (C) any government effort to prevent the transfer of an existing embryo, or to prevent birth once the transfer has occurred, would raise substantial moral, legal, and practical issues, so that it will be nearly impossible to prevent attempts at ``reproductive cloning'' once cloned human embryos are available in the laboratory; (9) the scientifically and medically useful practices of cloning of DNA fragments, known as molecular cloning, the duplication of somatic cells (or stem cells) in tissue culture, known as cell cloning, and whole-organism or embryo cloning of nonhuman animals are appropriate uses of medical technology; (10) in the preamble to the 1998 Additional Protocol on the Prohibition of Cloning Human Beings the Council of Europe agreed that ``the instrumentalisation of human beings through the deliberate creation of genetically identical human beings is contrary to human dignity and thus constitutes a misuse of biology and medicine''; (11) collaborative efforts to perform human cloning are conducted in ways that affect interstate and even international commerce, and the legal status of cloning will have a great impact on how biotechnology companies direct their resources for research and development; (12) at least 23 countries have banned all human cloning, including Canada, France, and Germany; (13) the United Nations has passed a declaration calling for all human cloning to be banned by member nations; and (14) attempts to create cloned human embryos for development of embryonic stem cell lines have been unsuccessful, most recently involving the exploitation of over a hundred women in South Korea to provide over 2,000 human eggs without the production of a single stem cell line. SEC. 3. PROHIBITION ON HUMAN CLONING. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 15, the following: ``CHAPTER 16--HUMAN CLONING ``Sec. ``301. Definitions. ``302. Prohibition on human cloning. ``Sec. 301. Definitions ``In this chapter: ``(1) Human cloning.--The term `human cloning' means human asexual reproduction, accomplished by introducing the nuclear material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism (at any stage of development) with a human or predominantly human genetic constitution. ``(2) Somatic cell.--The term `somatic cell' means a diploid cell (having a complete set of chromosomes) obtained or derived from a living or deceased human body at any stage of development. ``Sec. 302. Prohibition on human cloning ``(a) In General.--It shall be unlawful for any person or entity, public or private, in or affecting interstate commerce-- ``(1) to perform or attempt to perform human cloning; ``(2) to participate in an attempt to perform human cloning; or ``(3) to ship or receive the product of human cloning for any purpose. ``(b) Importation.--It shall be unlawful for any person or entity, public or private, to import the product of human cloning for any purpose. ``(c) Penalties.-- ``(1) In general.--Any person or entity that is convicted of violating any provision of this section shall be fined under this section or imprisoned not more than 10 years, or both. ``(2) Civil penalty.--Any person or entity that is convicted of violating any provision of this section shall be subject to, in the case of a violation that involves the derivation of a pecuniary gain, a civil penalty of not less than $1,000,000 and not more than an amount equal to the amount of the gross gain multiplied by 2, if that amount is greater than $1,000,000. ``(d) Scientific Research.--Nothing in this section shall restrict areas of scientific research not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 15 the following: ``16. Human Cloning......................................... 301''.

Human Cloning Prohibition Act of 2007 - Amends the federal criminal code to prohibit any public or private person or entity, in or affecting interstate commerce, from: (1) performing or attempting to perform human cloning; (2) participating in an attempt to perform human cloning; or (3) shipping, receiving, or importing the product of human cloning for any purpose. Sets forth criminal and civil penalties for violations. Provides that nothing in this Act shall restrict areas of scientific research not specifically prohibited by this Act, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.

To amend title 18, United States Code, to prohibit human cloning.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Postal Operations Sustainment and Transformation Act of 2010'' or the ``POST Act of 2010''. SEC. 2. MODIFIED METHODOLOGY. (a) In General.--Section 8348(h) of title 5, United States Code, is amended-- (1) in paragraph (2)-- (A) by striking subparagraph (B) and inserting the following: ``(B) The Office shall redetermine the Postal surplus or supplemental liability as of the close of the fiscal year ending September 30, 2010, and for each year thereafter, through the fiscal year ending September 30, 2042. The results of the redetermination, including appropriate supporting analyses and documentation, shall be reported to the Postal Service on or before March 31 of the subsequent fiscal year. If the result for a fiscal year is a surplus, that amount shall remain in the Fund until distribution is authorized under subparagraph (C). Beginning March 31, 2017, if the result is a supplemental liability, the Office shall establish an amortization schedule, including a series of annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability by September 30, 2042.''; and (B) in subparagraph (C)-- (i) by inserting ``(i)'' after ``(C)''; (ii) by striking ``2015, 2025, 2035, and 2039'' and inserting ``2017, 2022, 2027, 2032, 2037, and 2042''; and (iii) by adding at the end the following: ``(ii)(I) As of the close of the fiscal years ending September 30, 2010, 2011, 2012, 2013, 2014, 2015, and 2016, if the result is a surplus, that amount, or any part of that amount, may be transferred to the Postal Service Retiree Health Benefits Fund. ``(II) Any transfer under subclause (I) shall be-- ``(aa) made at the discretion of the Board of Governors of the Postal Service in the amount determined by the Board of Governors, except the amount may not exceed the amount under section 8909a(d)(3)(A) for the applicable fiscal year; and ``(bb) credited to the Postal Service for payment of the amount required under section 8909a(d)(3)(A) for the applicable fiscal year. ``(III) The Board of Governors shall-- ``(aa) provide written notice to the Office of any amount to be transferred under this clause; and ``(bb) take all actions under this clause by a majority vote. ``(IV) The Office shall transfer any amount determined by the Board of Governors to the credit of the Postal Service in accordance with this clause.''; and (2) by adding at the end the following: ``(4) To the extent that a determination under paragraph (1)(A), relating to benefits attributable to civilian employment with the United States Postal Service, is based on the first sentence of section 8339(a), such determination shall be made in accordance with such sentence and otherwise applicable provisions of law, subject to the following: ``(A) 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. ``(B) To determine the portion of an annuity attributable to civilian employment with the United States Postal Service, the appropriate percentage to apply under the provisions of section 8339(a) with respect to such employment is, in the case of-- ``(i) any period of employment with the United States Postal Service which follows ``(ii) any other period of employment creditable under section 8332 (whether with the entity referred to under subparagraph (A)(ii) or otherwise), the applicable percentage under such provisions, determined after taking into account any periods of employment described in clause (ii) which precede the period of employment (described in clause (i)) as to which the determination of the appropriate percentage to apply under section 8339(a) is being made.''. (b) Intent of Congress.--It is the intent of Congress that the amendments made by this section 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. SEC. 3. OTHER POSTAL SERVICE PROVISIONS. (a) Postal Policy.--Section 101(b) of title 39, United States Code, is amended-- (1) by striking ``a maximum degree of''; and (2) by striking ``where post offices'' and all that follows through ``a deficit''. (b) Specific Powers.--Section 404 of title 39, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and (B) by inserting after paragraph (5) the following: ``(6) to provide other services that are not postal services, as defined in section 102(5), after determining that the provision of such services utilizes the processing, transportation, delivery, retail network, or technology of the Postal Service in a manner that is consistent with the public interest;''; (2) in subsection (d)(2)-- (A) in subparagraph (A), by striking ``shall consider--'' and inserting the following: ``shall give primary consideration to whether such closing or consolidation is consistent with the policy of the Government, as stated in section 101(b) of this title, that the Postal Service shall provide effective and regular postal services to rural areas, communities, and small towns; ``(B) shall also consider--''; (B) by striking ``whether such closing'' and all that follows through ``(iv)''; (C) by striking ``(v)'' and inserting ``(iv)''; and (D) by striking ``(B)'' and inserting ``(C)''; and (3) in subsection (e)(1), by inserting before the period at the end the following: ``, except that the term `nonpostal service' shall not include any service that may be offered pursuant to specific authority in this title or pursuant to other statutory authority''. (c) Cooperation With Other Agencies.--Section 411 of title 39, United States Code, is amended in the first sentence by striking ``and the Government Printing Office'' inserting ``, the Government Printing Office, and agencies and other units of State and local governments''. (d) Wine and Beer Shipping.-- (1) Mailability.-- (A) Nonmailable articles.--Section 1716(f) of title 18, United States Code, is amended, by striking ``mails'' and inserting ``mails, except to the extent that the mailing is allowable under section 3001(p) of title 39''. (B) Intoxicants.--Section 1154(a) of title 18, United States Code, is amended, by inserting ``or, with respect to the mailing of wine or malt beverages, to the extent allowed under section 3001(p) of title 39'' after ``mechanical purposes''. (2) Regulations.--Section 3001 of title 39, United States Code, is amended by adding at the end the following subsection: ``(p)(1) Wine or malt beverages shall be considered mailable if mailed by a licensed winery or brewery, in accordance with applicable regulations under paragraph (2). ``(2) The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection, including regulations providing that-- ``(A) the mailing shall be by a means established by the Postal Service to ensure direct delivery to the addressee or a duly authorized agent at a postal facility; ``(B) the addressee (and any duly authorized agent) shall be an individual at least 21 years of age, and shall present a valid, government-issued photo identification at the time of delivery; ``(C) the wine or malt beverages may not be for resale or other commercial purpose; and ``(D) the winery or brewery involved shall-- ``(i) certify in writing to the satisfaction of the Postal Service that the mailing is not in violation of any provision of this subsection or regulation prescribed under this subsection; and ``(ii) provide any other information or affirmation that the Postal Service may require, including with respect to the prepayment of State alcohol beverage taxes. ``(3) For purposes of this subsection, a winery or brewery shall be considered to be licensed if it holds an appropriate basic permit issued under the Federal Alcohol Administration Act.''. (3) Effective date.--The amendments made by this subsection shall take effect 180 days after the date of enactment of this Act. (e) Arbitration; Labor Disputes.--Section 1207(c)(2) of title 39, United States Code, is amended-- (1) by inserting ``(A)'' after ``(2)''; (2) by striking the last sentence and inserting ``The arbitration board shall render a decision not later than 45 days after the date of its appointment.''; and (3) by adding at the end the following: ``(B) In rendering a decision under this paragraph, the arbitration board shall consider such relevant factors as-- ``(i) the financial condition of the Postal Service; ``(ii) the flexibilities and restrictions in the rate system established under the Postal Accountability and Enhancement Act (Public Law 109-435), and the amendments made by that Act; and ``(iii) the requirement related to pay and compensation comparability included in section 1003(a) of this title.''. (f) Revised Reporting Requirement.--Section 3652(a) of title 39, United States Code, is amended by striking ``90 days after the end of each year'' and inserting ``the next January 15 after the end of each year''. (g) No Limitation on Frequency of Mail Delivery.--Notwithstanding any other provision of law, the United States Postal Service shall exercise authority under section 3691 of title 39, United States Code, and section 301 of the Postal Accountability and Enhancement Act to adjust the frequency of the delivery of mail. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of enactment of this Act.

Postal Operations Sustainment and Transformation Act of 2010 or the POST Act of 2010 - Modifies the methodology for calculating the amount of any Postal surplus or supplemental liability under the Civil Service Retirement System. Requires the Office of Personnel Management (OPM) to redetermine that surplus or liability as of the close of FY2010, and for each year thereafter through FY2042. Requires the results of the redetermination to be reported to the United States Postal Service (USPS) on or before March 31 of the subsequent fiscal year. Requires, if the result for a fiscal year is a surplus, that such amount remain in the Civil Service Retirement and Disability Fund until distribution is authorized. Requires OPM, beginning March 31, 2017, if the result of a redetermination is a supplemental liability, to establish an amortization schedule, including a series of annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability by September 30, 2042. Authorizes if the result of a redetermination is a surplus, as of the close of FY2010-FY2016, that any part of that amount be transferred to the Fund. Provides that any such transfer shall be: (1) made at the discretion of USPS's Board of Governors, subject to specified dollar limitations based on the year for USPS payments into the Postal Service Retiree Health Benefits Fund; and (2) credited to USPS for payment of the amount required for the applicable fiscal year. Directs: (1) the Board to provide written notice to OPM of any amount to be transferred and to take all such actions by majority vote; and (2) OPM to transfer any amount determined by the Board to the credit of USPS in accordance with this Act. Requires USPS to: (1) provide non-postal services after determining that the provision of such services utilizes the processing, transportation, delivery, retail network, or technology of USPS in a manner that is consistent with the public interest; and (2) give primary consideration, in determining whether or not to close or consolidate a post office, to whether such action is consistent with government policy that USPS provide effective and regular postal services to rural areas, communities, and small towns. Allows wine and malt beverages to be mailed (currently all intoxicating liquors are unmailable) if mailed by a licensed winery or brewery under USPS regulations, subject to specified requirements. Revises provisions regarding USPS labor disputes to require the arbitration board to: (1) render a decision within 45 days of its appointment; and (2) consider such relevant factors as the financial condition of USPS, the flexibilities and restrictions in the rate system established under the Postal Accountability and Enhancement Act, and pay and compensation for comparable levels of work in the private sector. Extends the deadline for submission of the Postal Regulatory Commission report to the next January 15 after the end of each year. Authorizes USPS to adjust the frequency of mail delivery.

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 ``Bulk Cash Smuggling Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Effective enforcement of the currency reporting requirements of subchapter II of chapter 53 of title 31, United States Code, and the regulations prescribed under such subchapter, has forced drug dealers and other criminals engaged in cash-based businesses to avoid using traditional financial institutions. (2) In their effort to avoid using traditional financial institutions, drug dealers and other criminals are forced to move large quantities of currency in bulk form to and through the airports, border crossings, and other ports of entry where the currency can be smuggled out of the United States and placed in a foreign financial institution or sold on the black market. (3) The transportation and smuggling of cash in bulk form may now be the most common form of money laundering, and the movement of large sums of cash is one of the most reliable warning signs of drug trafficking, terrorism, money laundering, racketeering, tax evasion and similar crimes. (4) The intentional transportation into or out of the United States of large amounts of currency or monetary instruments, in a manner designed to circumvent the mandatory reporting provisions of subchapter II of chapter 53 of title 31, United States Code, is the equivalent of, and creates the same harm as, the smuggling of goods. (5) The arrest and prosecution of bulk cash smugglers are important parts of law enforcement's effort to stop the laundering of criminal proceeds, but the couriers who attempt to smuggle the cash out of the United States are typically low- level employees of large criminal organizations, and thus are easily replaced. Accordingly, only the confiscation of the smuggled bulk cash can effectively break the cycle of criminal activity of which the laundering of the bulk cash is a critical part. (6) The current penalties for violations of the currency reporting requirements are insufficient to provide a deterrent to the laundering of criminal proceeds. In particular, in cases where the only criminal violation under current law is a reporting offense, the law does not adequately provide for the confiscation of smuggled currency. In contrast, if the smuggling of bulk cash were itself an offense, the cash could be confiscated as the corpus delicti of the smuggling offense. (b) Purposes.--The purposes of this Act are as follows: (1) To make the act of smuggling bulk cash itself a criminal offense. (2) To authorize forfeiture of any smuggled cash and other monetary instruments, together with any other property involved in the smuggling offense. (3) To emphasize the seriousness of the act of bulk cash smuggling. (4) To prescribe guidelines for determining the amount of property subject to forfeiture in various situations. SEC. 3. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES. (a) Enactment of Bulk Cash Smuggling Offense.--Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 5331. Bulk cash smuggling into or out of the United States ``(a) Criminal Offense.-- ``(1) In general.--Whoever, with the intent to evade a currency reporting requirement under section 5316, knowingly conceals more than $10,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, and transports or transfers or attempts to transport or transfer such currency or monetary instruments from a place within the United States to a place outside of the United States, or from a place outside the United States to a place within the United States, shall be guilty of a currency smuggling offense and subject to punishment pursuant to subsection (b). ``(2) Concealment on person.--For purposes of this section, the concealment of currency on the person of any individual includes concealment in any article of clothing worn by the individual or in any luggage, backpack, or other container worn or carried by such individual. ``(b) Penalty.-- ``(1) Term of imprisonment.--A person convicted of a currency smuggling offense under subsection (a), or a conspiracy to commit such offense, shall be imprisoned for not more than 5 years. ``(2) Forfeiture.--In addition, the court, in imposing sentence under paragraph (1), shall order that the defendant forfeit to the United States, any property, real or personal, involved in the offense, and any property traceable to such property, subject to subsection (d) of this section. ``(3) Procedure.--The seizure, restraint, and forfeiture of property under this section shall be governed by section 413 of the Controlled Substances Act. ``(4) Personal money judgment.--If the property subject to forfeiture under paragraph (2) is unavailable, and the defendant has insufficient substitute property that may be forfeited pursuant to section 413(p) of the Controlled Substances Act, the court shall enter a personal money judgment against the defendant for the amount that would be subject to forfeiture. ``(c) Civil Forfeiture.-- ``(1) In general.--Any property involved in a violation of subsection (a), or a conspiracy to commit such violation, and any property traceable to such violation or conspiracy, may be seized and, subject to subsection (d) of this section, forfeited to the United States. ``(2) Procedure.--The seizure and forfeiture shall be governed by the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code. ``(3) Treatment of certain property as involved in the offense.--For purposes of this subsection and subsection (b), any currency or other monetary instrument that is concealed or intended to be concealed in violation of subsection (a) or a conspiracy to commit such violation, any article, container, or conveyance used, or intended to be used, to conceal or transport the currency or other monetary instrument, and any other property used, or intended to be used, to facilitate the offense, shall be considered property involved in the offense. ``(d) Proportionality of Forfeiture.-- ``(1) In general.--Upon a showing by the property owner by a preponderance of the evidence that the currency or monetary instruments involved in the offense giving rise to the forfeiture were derived from a legitimate source, and were intended for a lawful purpose, the court shall reduce the forfeiture to the maximum amount that is not grossly disproportional to the gravity of the offense. ``(2) Factors to be considered.--In determining the amount of the forfeiture, the court shall consider all aggravating and mitigating facts and circumstances that have a bearing on the gravity of the offense, including the following: ``(A) The value of the currency or other monetary instruments involved in the offense. ``(B) Efforts by the person committing the offense to structure currency transactions, conceal property, or otherwise obstruct justice. ``(C) Whether the offense is part of a pattern of repeated violations of Federal law.''. (b) Conforming Amendment.--The table of sections for subchapter II of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5330, the following new item: ``5331. Bulk cash smuggling into or out of the United States.''. SEC. 4. FORFEITURE IN CURRENCY REPORTING CASES. (a) In General.--Subsection (c) of section 5317 of title 31, United States Code, is amended to read as follows: ``(c) Forfeiture.-- ``(1) In general.--The court in imposing sentence for any violation of section 5313, 5316, or 5324, or any conspiracy to commit such violation, shall order the defendant to forfeit all property, real or personal, involved in the offense and any property traceable thereto. ``(2) Procedure.--Forfeitures under this subsection shall be governed by the procedures established in section 413 of the Controlled Substances Act and the guidelines established in paragraph (4). ``(3) Civil forfeiture.--Any property involved in a violation of section 5313, 5316, or 5324, or any conspiracy to commit any such violation, and any property traceable to any such violation or conspiracy, may be seized and, subject to paragraph (4), forfeited to the United States in accordance with the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code. ``(4) Proportionality of forfeiture.-- ``(A) In general.--Upon a showing by the property owner by a preponderance of the evidence that any currency or monetary instruments involved in the offense giving rise to the forfeiture were derived from a legitimate source, and were intended for a lawful purpose, the court shall reduce the forfeiture to the maximum amount that is not grossly disproportional to the gravity of the offense. ``(B) Factors to be considered.--In determining the amount of the forfeiture, the court shall consider all aggravating and mitigating facts and circumstances that have a bearing on the gravity of the offense, including the following: ``(i) The value of the currency or other monetary instruments involved in the offense. ``(ii) Efforts by the person committing the offense to structure currency transactions, conceal property, or otherwise obstruct justice. ``(iii) Whether the offense is part of a pattern of repeated violations of Federal law.''. (b) Conforming Amendments.--(1) Section 981(a)(1)(A) of title 18, United States Code, is amended by striking ``of section 5313(a) or 5324(a) of title 31, or''. (2) Section 982(a)(1) of title 18, United States Code, is amended by striking ``of 5313(a), 5316, or 5324 of title 31, or''. SEC. 5. INTERSTATE CURRENCY COURIERS. Section 1957 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(g) Any person who conceals more than $10,000 in currency on his or her person, in any vehicle, in any compartment or container within any vehicle, or in any container placed in a common carrier, and transports, attempts to transport, or conspires to transport such currency in interstate commerce on any public road or highway or on any bus, train, airplane, vessel, or other common carrier, knowing that the currency was derived from some form of unlawful activity, or knowing that the currency was intended to be used to promote some form of unlawful activity, shall be punished as provided in subsection (b). The defendant's knowledge may be established by proof that the defendant was willfully blind to the source or intended use of the currency. For purposes of this subsection, the concealment of currency on the person of any individual includes concealment in any article of clothing worn by the individual or in any luggage, backpack, or other container worn or carried by such individual.''.

Bulk Cash Smuggling Act of 2001 - Amends Federal law governing monetary transactions to establish as a bulk cash smuggling offense the knowing concealment and attempted transport (or transfer) across U.S. borders, with intent to evade specified currency reporting requirements, of currency and monetary instruments in excess of $10,000. Sets forth imprisonment and civil forfeiture penalties.Amends the Federal criminal code to subject to Federal criminal penalties currency couriers who conceal more than $10,000 in currency and transport, or conspire to transport, such currency in interstate commerce knowing that it was either derived from unlawful activity, or intended to promote unlawful activity.

To amend title 31, United States Code, to prevent the smuggling of large amounts of currency or monetary instruments into or out of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Central Nevada Rural Cemeteries Act''. SEC. 2. CONVEYANCE TO LANDER COUNTY, NEVADA. (a) Findings.--Congress finds that-- (1) the historical use by settlers and travelers since the late 1800's of the cemetery known as ``Kingston Cemetery'' in Kingston, Nevada, predates incorporation of the land within the jurisdiction of the Forest Service on which the cemetery is situated; (2) it is appropriate that that use be continued through local public ownership of the parcel rather than through the permitting process of the Federal agency; (3) in accordance with Public Law 85-569 (commonly known as the ``Townsite Act'') (16 U.S.C. 478a), the Forest Service has conveyed to the Town of Kingston 1.25 acres of the land on which historic gravesites have been identified; and (4) to ensure that all areas that may have unmarked gravesites are included, and to ensure the availability of adequate gravesite space in future years, an additional parcel consisting of approximately 8.75 acres should be conveyed to the county so as to include the total amount of the acreage included in the original permit issued by the Forest Service for the cemetery. (b) Conveyance on Condition Subsequent.--Subject to valid existing rights and the condition stated in subsection (e), the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the ``Secretary''), not later than 90 days after the date of enactment of this Act, shall convey to Lander County, Nevada (referred to in this section as the ``county''), for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (c). (c) Description of Land.--The parcel of land referred to in subsection (b) is the parcel of National Forest System land (including any improvements on the land) known as ``Kingston Cemetery'', consisting of approximately 10 acres and more particularly described as SW\1/4\SE\1/4\SE\1/4\ of section 36, T. 16N., R. 43E., Mount Diablo Meridian. (d) Easement.--At the time of the conveyance under subsection (b), subject to subsection (e)(2), the Secretary shall grant the county an easement allowing access for persons desiring to visit the cemetery and other cemetery purposes over Forest Development Road #20307B, notwithstanding any future closing of the road for other use. (e) Condition on Use of Land.-- (1) In general.--The county (including its successors) shall continue the use of the parcel conveyed under subsection (b) as a cemetery. (2) Reversion.--If the Secretary, after notice to the county and an opportunity for a hearing, makes a finding that the county has used or permitted the use of the parcel for any purpose other than the purpose specified in paragraph (1), and the county fails to discontinue that use-- (A) title to the parcel shall revert to the Secretary, to be administered by the Secretary; and (B) the easement granted to the county under subsection (d) shall be revoked. (3) Waiver.--The Secretary may waive the application of subparagraph (A) or (B) of paragraph (2) if the Secretary determines that a waiver would be in the best interests of the United States. SEC. 3. CONVEYANCE TO EUREKA COUNTY, NEVADA. (a) Findings.--Congress finds that-- (1) the historical use by settlers and travelers since the late 1800's of the cemetery known as ``Maiden's Grave Cemetery'' in Beowawe, Nevada, predates incorporation of the land within the jurisdiction of the Bureau of Land Management on which the cemetery is situated; and (2) it is appropriate that that use be continued through local public ownership of the parcel rather than through the permitting process of the Federal agency. (b) Conveyance on Condition Subsequent.--Subject to valid existing rights and the condition stated in subsection (e), the Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this section as the ``Secretary''), not later than 90 days after the date of enactment of this Act, shall convey to Eureka County, Nevada (referred to in this section as the ``county''), for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (c). (c) Description of Land.--The parcel of land referred to in subsection (b) is the parcel of public land (including any improvements on the land) known as ``Maiden's Grave Cemetery'', consisting of approximately 10 acres and more particularly described as S\1/2\NE\1/ 4\SW\1/4\SW\1/4\, N\1/2\SE\1/4\SW\1/4\SW\1/4\ of section 10, T.31N., R.49E., Mount Diablo Meridian. (d) Easement.--At the time of the conveyance under subsection (b), subject to subsection (e)(2), the Secretary shall grant the county an easement allowing access for persons desiring to visit the cemetery and other cemetery purposes over an appropriate access route consistent with current access. (e) Condition on Use of Land.-- (1) In general.--The county (including its successors) shall continue the use of the parcel conveyed under subsection (b) as a cemetery. (2) Reversion.--If the Secretary, after notice to the county and an opportunity for a hearing, makes a finding that the county has used or permitted the use of the parcel for any purpose other than the purpose specified in paragraph (1), and the county fails to discontinue that use-- (A) title to the parcel shall revert to the Secretary, to be administered by the Secretary; and (B) the easement granted to the county under subsection (d) shall be revoked. (3) Waiver.--The Secretary may waive the application of subparagraph (A) or (B) of paragraph (2) if the Secretary determines that a waiver would be in the best interests of the United States.

Central Nevada Rural Cemeteries Act - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to convey to Lander County, Nevada, for no consideration, all right, title, and interest of the United States in and to the National Forest System land (including any improvements on such land) known as Kingston Cemetery. Directs the Secretary to grant the County an easement allowing access for persons wanting to visit the Cemetery and other cemetery purposes over Forest Development Road #20307B, notwithstanding any future closing of the road for other use. Requires Lander County (including its successors) to continue using the land as a cemetery. Provides that, if the Secretary, after notice to the County and an opportunity for a hearing, makes a finding that the County has used or permitted the use of the land for any other purpose, and the County fails to discontinue that use: (1) title to the land shall revert to the Secretary, to be administered by the Secretary, and (2) the easement granted to the County shall be revoked. Permits the Secretary to waive the application of the reversion of the title to the land or the revocation of the easement if a waiver would be in the best interests of the United States. Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to convey to Eureka County, Nevada, for no consideration, all right, title, and interest of the United States in and to the public land (including any improvements on such land) known as Maiden's Grave Cemetery. Directs the Secretary to grant the County an easement allowing access for persons wanting to visit the Cemetery and other cemetery purposes over an appropriate access route consistent with current access. Requires Eureka County (including its successors) to continue using the land as a cemetery. Provides for the reversion and waiver provisions specified above to apply to such County as well.

A bill to direct the Secretary of Agriculture to convey certain land to Lander County, Nevada, and the Secretary of the Interior to convey certain land to Eureka County, Nevada, for continued use as cemeteries.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Pennsylvania National Forest Improvement Act of 2002''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Disposal of administrative sites, Allegheny National Forest, Pennsylvania. Sec. 3. Conveyance of Sheffield Ranger District Headquarters, Warren County, Pennsylvania. Sec. 4. Conveyance of Marienville Ranger Residence, Forest County, Pennsylvania. Sec. 5. Disposition of funds. Sec. 6. Administration of land acquired by United States. Sec. 7. Relation to other conveyances authorities. SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, ALLEGHENY NATIONAL FOREST, PENNSYLVANIA. (a) Disposal Authority.--The Secretary of Agriculture may convey, by sale or exchange, any and all right, title, and interest of the United States in and to the following National Forest System lands and administrative sites: (1) US Tract 121, Sheffield ranger residence, 0.41 acres, as depicted on the plat titled ``Allegheny Unit, Allen M. Gibson Tract 121, March 1942''. (2) US Tract 904, 8.812 acres and US Tract 905, 0.869 acres, Ridgway Ranger District Headquarters, as depicted on the plats titled ``Allegheny Unit, Harry R. & Eliza E. Larson Tract 904, 1959'' and ``Allegheny Unit, Leo S. & Laura A. Guth Tract 905, July 1948''. (3) US Tract 896, an undeveloped administrative site, 2.42 acres, as depicted on the plat titled ``Allegheny Unit, Howard L. Harp Tract 896, 1947''. (4) US Tract 1047 (formerly Tracts 551, 551a,b,c), original Marienville Ranger District Headquarters, 4.90 acres, as depicted on the plat titled ``Marienville Ranger Station Compound Tract 1047, August 1998''. (5) US Tract 844, Marienville ranger residence, as depicted on the plat titled ``Allegheny Unit, Peter B. DeSmet Tract 844, 1936'', except that portion of the tract shown as Lot 2, on the Survey Plat prepared by D. M. Heller and dated December 12, 1999. (b) Property Descriptions.--The maps referenced in subsection (a) are the primary descriptions of the lands to which the maps refer. In the event of a conflict between the map description and the metes and bounds description of the lands, the map shall be deemed to be the definitive description of the lands unless the map cannot be located. The maps shall be on file and available for public inspection in the Office of the Chief of the Forest Service until the lands are disposed of pursuant to this section. (c) Consideration.-- (1) Authorized consideration.--As consideration for a conveyance of land under subsection (a), the recipient of the land, with the consent of the Secretary, may convey to the Secretary other land, existing improvements, or improvements constructed to the specifications of the Secretary. (2) Cash equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land and administrative site exchanged under subsection (a). (d) Applicable Law.--Except as otherwise provided in this section, any conveyance of land under subsection (a) shall be subject to the laws and regulations applicable to the conveyance and acquisition of land for the National Forest System. (e) Solicitation of Offers.-- (1) Conveyance priority.--In the selection of the recipient of land under this section, the Secretary may give a preference to public entities that agree to use the land for public purposes. (2) Terms and conditions.--The Secretary may solicit offers for the conveyance of land under this section on such terms and conditions as the Secretary may prescribe. (3) Rejection of offers.--The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (f) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. (g) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with any conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. SEC. 3. CONVEYANCE OF SHEFFIELD RANGER DISTRICT HEADQUARTERS, WARREN COUNTY, PENNSYLVANIA. (a) Conveyance Authorized.--The Secretary of Agriculture may convey to the Warren County Development Association of Warren County, Pennsylvania, all right, title, and interest of the United States in and to US Tract 770, Sheffield Ranger District Headquarters, consisting of 5.50 acres, as depicted on the plat titled ``Allegheny Unit, Elk Tanning Company Tract 770, 1934''. (b) Consideration.--As consideration for the conveyance under subsection (a), the Warren County Development Association shall make to the Secretary a lump sum payment of $100,000. (c) Property Description.--The map referenced in subsection (a) is the primary description of the lands to which the map refers. In the event of a conflict between the map description and the metes and bounds description of the lands, the map shall be deemed to be the definitive description of the lands unless the map cannot be located. The map shall be on file and available for public inspection in the Office of the Chief of the Forest Service until the lands are disposed of pursuant to this section. (d) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. SEC. 4. CONVEYANCE OF MARIENVILLE RANGER RESIDENCE, FOREST COUNTY, PENNSYLVANIA. (a) Conveyance Authorized.--The Secretary of Agriculture may convey, without consideration, to the Marrienville Volunteer Fire Department of Forest County, Pennsylvania, all right, title, and interest of the United States in and to that portion of US Tract 844, Marienville ranger residence, as depicted as Lot 2, on the Survey Plat prepared by D. M. Heller and dated December 12, 1999. (b) Property Description.--The map referenced in subsection (a) is the primary description of the lands to which the map refers. In the event of a conflict between the map description and the metes and bounds description of the lands, the map shall be deemed to be the definitive description of the lands unless the map cannot be located. The map shall be on file and available for public inspection in the Office of the Chief of the Forest Service until the lands are disposed of pursuant to this section. (c) Revocations.--Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. SEC. 5. DISPOSITION OF FUNDS. (a) Deposit in Sisk Act Fund.--The Secretary of Agriculture shall deposit in the fund established under Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act)-- (1) the proceeds of a sale or exchange under section 2; and (2) the consideration received pursuant to section 3(b). (b) Use of Proceeds.--Subject to subsection (c), funds deposited under subsection (a) shall be available to the Secretary, without further appropriation, for-- (1) the acquisition, construction, or improvement of administrative facilities and sites for the Allegheny National Forest; or (2) the acquisition of land and interests in land in the Allegheny National Forest. (c) Condition on Land Acquisition.--The acquisition of lands in the Allegheny National Forest using funds deposited under subsection (a) is subject to the condition that the market value of the acquired lands may not exceed 125 percent of the market value of the lands disposed of under this Act. SEC. 6. ADMINISTRATION OF LAND ACQUIRED BY UNITED STATES. Lands acquired by the Secretary of Agriculture under section 5(b) or by exchange under section 2 shall be managed by the Secretary in accordance with the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) and other laws and regulations pertaining to National Forest System lands. For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Allegheny National Forest, as adjusted on account of the disposal and acquisition of lands under this Act, shall be considered to be the boundaries of that national forest as of January 1, 1965. SEC. 7. RELATION TO OTHER CONVEYANCES AUTHORITIES. Except as expressly provided in this Act, nothing in this Act affects any other authority of the Secretary of Agriculture to sell, exchange, or acquire land. Lands authorized for disposal under this Act shall not be subject to the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).

Pennsylvania National Forest Improvement Act of 2002 - Authorizes the Secretary of Agriculture to: (1) sell or exchange specified National Forest System lands and administrative sites in Pennsylvania; (2) convey the Sheffield Ranger District Headquarters to the Warren County Development Association, Warren County, Pennsylvania; and (3) convey the Marienville ranger residence to the Marienville Volunteer Fire Department, Forest County, Pennsylvania.

To authorize the Secretary of Agriculture to convey certain lands and improvements associated with the National Forest System in the State of Pennsylvania, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kenny Callahan Act''. SEC. 2. WAIVER OF SOCIAL SECURITY DISABILITY WAITING PERIOD FOR BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES. (a) Disability Insurance Benefits.--Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended-- (1) in paragraph (1), by inserting in the matter following subparagraph (E) ``the individual meets the requirements of paragraph (3) or'' after ``but only if''; and (2) by adding at the end the following new paragraph: ``(3)(A) For purposes of paragraph (1), an individual meets the requirements of this paragraph if-- ``(i) the impairment underlying a finding that the individual is under a disability results in his death prior to the end of the applicable period (as defined in subparagraph (B)), or ``(ii) in any case not described in clause (i)-- ``(I) in the case in which the finding that the individual is under a disability is made before the end of the applicable period, the Commissioner determines that, at the time such finding is made, the impairment underlying such finding is expected to result in the individual's death prior to the end of such period, or ``(II) in the case in which such finding is made after the end of the applicable period, the Commissioner determines that, at any time during such period, such impairment was expected to result in the individual's death prior to the end of such period. ``(B) For purposes of subparagraph (A), the term `applicable period' means, in connection with any impairment by reason of which an individual is under a disability, the period of six consecutive calendar months commencing with the first calendar month commencing while such individual is under such disability.''. (b) Widow's Insurance Benefits Based on Disability.--Section 202(e) of such Act (42 U.S.C. 402(e)) is amended-- (1) in paragraph (1)(F)(ii), by inserting ``she meets the requirements of paragraph (5)(C) or'' after ``but only if''; and (2) in paragraph (5), by adding at the end the following new subparagraph: ``(C)(i) For purposes of paragraph (1)(F)(ii), an individual meets the requirements of this subparagraph if-- ``(I) the impairment underlying a finding that she is under a disability results in her death prior to the end of the applicable period (as defined in clause (ii)), or ``(II) in any case not described in subclause (I)-- ``(aa) in the case in which the finding that she is under a disability is made before the end of the applicable period, the Commissioner determines that, at the time such finding is made, the impairment underlying such finding is expected to result in her death prior to the end of such period, or ``(bb) in the case in which such finding is made after the end of the applicable period, the Commissioner determines that, at any time during such period, such impairment was expected to result in her death prior to the end of such period. ``(ii) For purposes of clause (i), the term `applicable period' means, in connection with any impairment by reason of which an individual is under a disability, the period of six consecutive calendar months commencing with the first calendar month commencing while such individual is under such disability.''. (c) Widower's Insurance Benefits Based on Disability.--Section 202(f) of such Act (42 U.S.C. 402(f)) is amended-- (1) in paragraph (1)(F)(ii), by inserting ``he meets the requirements of paragraph (5)(C) or'' after ``but only if''; and (2) in paragraph (5), by adding at the end the following new subparagraph: ``(C)(i) For purposes of paragraph (1)(F)(ii), an individual meets the requirements of this subparagraph if-- ``(I) the impairment underlying a finding that he is under a disability results in his death prior to the end of the applicable period (as defined in clause (ii)), or ``(II) in any case not described in subclause (I)-- ``(aa) in the case in which the finding that he is under a disability is made before the end of the applicable period, the Commissioner determines that, at the time such finding is made, the impairment underlying such finding is expected to result in his death prior to the end of such period, or ``(bb) in the case in which such finding is made after the end of the applicable period, the Commissioner determines that, at any time during such period, such impairment was expected to result in his death prior to the end of such period. ``(ii) For purposes of clause (i), the term `applicable period' means, in connection with any impairment by reason of which an individual is under a disability, the period of six consecutive calendar months commencing with the first calendar month commencing while such individual is under such disability.''. (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. (i)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(2)(A)''; (2) by inserting ``(I) the individual meets the requirements of clause (ii), or (II)'' after ``but only if''; and (3) by adding at the end the following new clauses: ``(ii) For purposes of clause (i)(I), an individual meets the requirements of this clause if-- ``(I) the impairment underlying a finding that such individual is under a disability (as defined in paragraph (1)) results in such individual's death prior to the end of the applicable period (as defined in clause (iii)), or ``(II) in any case not described in subclause (I)-- ``(aa) in the case in which the finding that the individual is under a disability is made before the end of the applicable period, the Commissioner determines that, at the time such finding is made, the impairment underlying such finding is expected to result in the individual's death prior to the end of such period, or ``(bb) in the case in which such finding is made after the end of the applicable period, the Commissioner determines that, at any time during such period, such impairment was expected to result in the individual's death prior to the end of such period. ``(iii) For purposes of clause (ii), the term `applicable period' means, in connection with any impairment by reason of which an individual is under a disability, the period of six consecutive calendar months commencing with the first calendar month commencing while such individual is under such disability.''. SEC. 3. WAIVER OF MEDICARE DISABILITY WAITING PERIOD FOR BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES. (a) In General.--Section 226 of the Social Security Act (42 U.S.C. 426) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j)(1) With respect to an individual who meets the requirements of paragraph (2) and who would be entitled to benefits under subsection (b) but for the 24-month waiting period under subsection (b)(2), the following special rules apply: ``(A) Subsection (b) shall be applied as if there were no requirement for any entitlement to benefits, or status, for a period longer than one month. ``(B) The entitlement under such subsection shall begin with the first month (rather than twenty-fifth month) of entitlement or status. ``(C) Subsection (f) shall not be applied. ``(2)(A) Subject to subparagraph (C), an individual meets the requirements of this paragraph if-- ``(i) the impairment underlying a finding under this title that the individual is under a disability results in the individual's death before the end of the applicable period (as defined in subparagraph (B)); or ``(ii) in the case where such finding is made-- ``(I) before the end of the applicable period, the Commissioner determines that, at the time such finding is made, such impairment is expected to result in the individual's death before the end of such period; or ``(II) after the end of such period, the Commissioner determines that, at any time during such period, such impairment was expected to result in the individual's death before the end of such period. ``(B) For purposes of subparagraph (A), the term `applicable period' means, in connection with any impairment by reason of which an individual is under a disability, the period of 12 consecutive calendar months commencing with the first calendar month commencing while such individual is under such disability. ``(C) An individual described in subparagraph (A) shall not continue to be treated as meeting the requirements of this paragraph after the end of the 12-month period described in subparagraph (B) unless, before the end of such period, the individual requests an extension of such treatment and the Commissioner determines that the impairment involved is expected to result in the individual's death before the end of the 12-consecutive-month period immediately following the applicable period.''. (b) Conforming Amendment.--Section 1837 of such Act (42 U.S.C. 1395p) is amended by adding at the end the following new subsection: ``(l) In applying this section in the case of an individual who is entitled to benefits under part A pursuant to the operation of section 226(j), the following special rules apply: ``(1) The initial enrollment period under subsection (d) shall begin on the first day of the first month in which the individual satisfies the requirement of section 1836(1). ``(2) In applying subsection (g)(1), the initial enrollment period shall begin on the first day of the first month of entitlement to disability insurance benefits referred to in such subsection.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to applications filed on or after January 1, 2010.

Kenny Callahan Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to waive the waiting periods for Social Security disability and Medicare (SSA title XVIII) coverage of certain terminally ill individuals.

To amend titles II and XVIII of the Social Security Act to waive certain waiting periods for Social Security disability and Medicare benefits in the case of a terminally ill, disabled individual.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans, Employees, and Taxpayers Protection Act of 2017'' or the ``VET Protection Act of 2017''. SEC. 2. LABOR MANAGEMENT IN DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IV--LABOR MANAGEMENT ``Sec. 751. Records on use of official time ``(a) Tracking of Official Time.--The Secretary shall track the use of official time by employees of the Department of Veterans Affairs in a manner that accounts for such time accurately and to a specific degree without the use of estimates or ranges of time. ``(b) Annual Report.--(1) Not later than December 31 of each year, the Secretary shall submit to the Office of Personnel Management and the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the use of official time by employees of the Department during the most recently ended fiscal year. ``(2) Each report under paragraph (1) shall include, with respect to the fiscal year covered by the report, the following information: ``(A) The total amount of official time granted to employees. ``(B) The total amount of official time expended and the amount of official time expended per employee for term negotiations, mid-term negotiations, general labor-management relations, and dispute resolution. ``(C) The specific types of activities or purposes for which official time was granted, and the impact which the granting of such official time for such activities or purposes had on the operations of the Department. ``(D) The total number of employees to whom official time was granted, and, of that total, the number who were not engaged in any activities or purposes except activities or purposes involving the use of official time. ``(E) The total annual salary, job title, and amount of official time afforded to any employee. ``(F) A description of any room or space designated at the Department where official time activities will be conducted, including the square footage of any such room or space. ``(c) Official Time Defined.--In this section, the term `official time' means any period-- ``(1) which may be granted to an employee under chapter 71 of title 5 (including a collective bargaining agreement entered into under such chapter) or chapter 74 of this title to perform representational or consultative functions; and ``(2) during which the employee would otherwise be in a duty status. ``Sec. 752. Limitations on use of official time for certain purposes and individuals ``(a) Political Activities and Lobbying.--Notwithstanding section 7131 of title 5 or any other provision of law, any employee of the Department may not use official time to carry out political activities or activities relating to lobbying. ``(b) Prohibition on Use of Official Time by Certain Employees.-- The following employees of the Department may not use official time for any purpose: ``(1) Any employee appointed under section 7401(1) of this title. ``(2) Any employee with an annual rate of basic pay equal to or greater than $100,000. ``(3) Any employee who is serving a probationary period. ``(c) Limitation on All Employees.--Any employee of the Department not covered by subsection (b) may spend no more than 25 percent of the time such employee would otherwise be in a duty status on official time. ``(d) Official Time Defined.--In this section, the term `official time' has the meaning given such term in section 751(c) of this title. ``Sec. 753. Termination of collection of dues ``Notwithstanding section 7115 of title 5, any exclusive bargaining agreement entered into pursuant to chapter 71 of such title by the Department shall provide that an employee of the Department may terminate a voluntary allotment for the payment of dues at any time. Any deductions for dues made pursuant to such allotment shall cease beginning on the first pay period after the termination is made.''. (b) Applicability.--Sections 752 and 753 of title 38, United States Code, as added by subsection (a), shall apply with respect to any collective bargaining agreement entered into before, on, or after the date of enactment of this Act. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``subchapter iv--labor management ``751. Records on use of official time. ``752. Limitations on use of official time for certain purposes and individuals. ``753. Termination of collection of dues.''. SEC. 3. REQUIRED PROBATIONARY PERIOD FOR NEW EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Probationary Period.-- (1) In general.--Chapter 7 of title 38, United States Code, is further amended by inserting after section 717 the following new section: ``Sec. 718. Probationary period for employees ``(a) In General.--Notwithstanding sections 3321 and 3393(d) of title 5, the appointment of a covered employee shall become final only after such employee has served a probationary period of two years. ``(b) Covered Employees.--For purposes of this section, a covered employee is-- ``(1) any individual-- ``(A) appointed to a permanent position within the competitive service at the Department; or ``(B) appointed as a career appointee (as defined in section 3132(a) of title 5) within the Senior Executive Service at the Department; and ``(2) not an individual with a probationary period prescribed by section 7403 of this title. ``(c) Permanent Hires.--Not later than 90 days before the expiration of a covered employee's probationary period under subsection (a), the supervisor of the employee shall determine whether the appointment becomes final based on regulations prescribed for such purpose by the Secretary. ``(d) Application.--With respect to any individual described in subsection (b)(1)(A) and to whom this section applies, sections 7501(1) and 7511(a)(1)(A)(ii) of title 5 shall be applied to such individual by substituting `completed 2 years' for `completed 1 year' in each instance it appears.''. (2) Clerical and conforming amendments.-- (A) Clerical.--The table of sections at the beginning of such chapter, as amended by section 2, is further amended by inserting after the item relating to section 717 the following new item: ``718. Probationary period for employees.''. (B) Conforming.--Title 5, United States Code, is amended-- (i) in section 3321(c)-- (I) by striking ``Service, or'' and inserting ``Service,''; and (II) by inserting at the end before the period the following: ``, or any individual covered by section 718 of title 38''; (ii) in section 3393(d), by inserting at the end before the period the following: ``or section 718 of title 38''; (iii) in sections 7501(1) and 7511(a)(1)(A)(ii), by inserting ``or section 718 of title 38'' after ``title 10'' in each instance it appears; and (iv) in section 7541(1)(A)-- (I) by striking ``title or'' and inserting ``title,''; and (II) by inserting at the end before the semicolon the following: ``, or section 718 of title 38''. (b) Application.--Section 718 of title 38, United States Code, as added by subsection (a)(1), shall apply to any covered employee (as that term is defined in subsection (b) of such section, as so added) appointed after the date of the enactment of this Act.

Veterans, Employees, and Taxpayers Protection Act of 2017 or the VET Protection Act of 2017 This bill directs the Department of Veterans Affairs (VA) to track the use of official time by VA employees without using estimates or time ranges. Official time is time granted to an employee under federal labor-management relations provisions to perform representational or consultative functions during which the employee would otherwise be in a duty status. The bill prohibits: (1) a VA employee from using official time to carry out political or lobbying activities; (2) specified health care employees, probationary employees, or employees above a certain salary level from using official time for any purpose; and (3) any VA employee from spending more than 25% of the time such employee would otherwise be in a duty status on official time. An exclusive bargaining agreement shall allow a VA employee to terminate a voluntary dues allotment at any time. A covered VA employee shall serve a two-year probationary period, after which the employee's supervisor shall determine within 90 days whether or not the appointment is permanent. A covered employee is any individual appointed to a permanent position within the competitive service or the Senior Executive Service and does not include specified health care practitioners.

Veterans, Employees, and Taxpayers Protection Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eradication of Slavery in Sudan Act of 2006''. SEC. 2. ESTABLISHMENT AND COMPOSITION. (a) In General.--There is established the United States Commission to Monitor Slavery and its Eradication in Sudan (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Appointment.--The Commission shall be composed of six members, who shall be United States citizens who are not employees of the Federal Government, and who shall be appointed as follows: (A) One member of the Commission shall be appointed by the President. (B) Two members of the Commission shall be appointed by the President pro tempore of the Senate, of whom one shall be appointed upon the recommendation of the leader in the Senate of the political party that is not the political party of the President, and of whom shall be appointed upon the recommendation of the leader in the Senate of the other political party. (C) Two members of the Commission shall be appointed by the Speaker of the House of Representatives, of whom shall be appointed upon the recommendation of the leader in the House of the political party that is not the political party of the President, and of whom one shall be appointed upon the recommendation of the leader in the House of the other political party. (2) Selection.-- (A) In general.--Members of the Commission shall be selected from among distinguished individuals noted for their knowledge and experience in fields relevant to the issues of abduction and enslavement of persons in Sudan, human rights, and international law. (B) Security clearances.--Each member of the Commission shall be required to obtain an appropriate security clearance necessary to carry out the purposes of this Act. (3) Time of appointment.--The appointments required under paragraph (1) shall be made not later than 90 days after the date of the enactment of this Act. (c) Term of Office.--The term of office of each member of the Commission shall be three years. Members of the Commission shall be eligible for reappointment to a second term. (d) Time for Meetings and Elections of Chair.-- (1) Initial meeting.--Not later than 60 days after all the appointments have been made under subsection (b), the Commission shall hold its initial meeting. (2) Election of chair.--A majority of the members of the Commission present and voting at the initial meeting shall elect the Chair of the Commission. (3) Subsequent meetings.--Each year the Commission shall meet at the call of the Chair or, if no Chair has been elected for that calendar year, at the call of three voting members of the Commission. (4) Subsequent elections of chair.--At the first meeting of the Commission in each calendar year, a majority of the members of the Commission present and voting shall elect the Chair of the Commission. (e) Executive Director.--Not later than 60 days after the initial meeting under subsection (d)(1), the Chair, in consultation with the members of the Commission, shall hire an Executive Director. (f) Duties of Executive Director.--The Executive Director hired under subsection (e) shall-- (1) prepare a workplan for the Commission's duties under section 3; (2) devise a budget for the annual operations of the Commission; (3) hire staff and consultants for the Commission; (4) develop working relationships with like-minded civil society organizations; and (5) work with the General Services Administration to identify offices for the Commission and take all necessary actions for the Commission to occupy its space, acquire equipment, and secure all necessary services. (g) Quorum.--Three voting members of the Commission shall constitute a quorum for purposes of conducting the affairs of the Commission. (h) Vacancies.--Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (i) Administrative Support.--The President shall provide working space for the Commission at no cost through the General Services Administration. (j) Funding.--Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall have as its primary responsibility-- (1) reporting on progress made by the Government of Sudan and nongovernmental organizations in identifying the location of slaves in Sudan and ensuring their freedom; (2) working with the Government of Sudan to ensure safe passage of freed slaves and family reunification; (3) documenting existing cases of slavery and working to prevent new cases from occurring; (4) ensuring that former slaves have access to basic education and skill training, as well as medical, social, and psychological support needed for their effective rehabilitation and reintegration into society; and (5) ensuring that those individuals responsible for slavery are brought to justice. (b) Hearings and Sessions.--The Commission may, for the purpose of carrying out its duties under this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission determines necessary. (c) Policy Review and Recommendations in Response to Failure To Eradicate Slavery.--The Commission, in evaluating United States Government policies in response to the failure of the Government of Sudan to eradicate slavery, shall consider and recommend options for actions to be taken by the United States Government with respect to the Government of Sudan, including diplomatic inquiries, diplomatic protest, official public protest, demarche of protest, condemnation within multilateral fora, delay or cancellation of cultural or scientific exchanges, delay or cancellation of working, official, or state visits, reduction or termination of certain assistance funds, imposition of targeted or broad trade sanctions, and withdrawal of the chief of mission. (d) Policy Review and Recommendations in Response to Progress.--The Commission may make policy recommendations to the Secretary of State with respect to matters involving the eradication of slavery in Sudan. The Commission shall consider and recommend policy options, including private commendation, diplomatic commendation, official public commendation, commendation within multilateral fora, an increase in cultural or scientific exchanges or both, termination or reduction of existing Presidential actions, an increase in certain assistance funds, and invitations for working, official, or state visits. SEC. 4. REPORT OF THE COMMISSION. (a) In General.--Not later than October 1st of each year, the Commission shall submit to the Secretary of State a report on the efforts of the Commission with respect to its duties under subsection (a) of section 3, including its recommendations for United States policy options based on its evaluations under subsections (c) and (d) of such section. (b) Classified Form of Report.--The report may be submitted in classified form, together with a public summary of recommendations, if the classification of information would further the purposes of this Act. (c) Individual or Dissenting Views.--Each member of the Commission may include the individual or dissenting views of the member. SEC. 5. APPLICABILITY OF OTHER LAWS. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission $1,000,000 for fiscal year 2007 and $1,500,000 for fiscal year 2008 to carry out the purposes of this Act. (b) Availability of Funds.--Amounts authorized to be appropriated under subparagraph (a) are authorized to remain available until expended but not later than the date of the termination of the Commission. SEC. 7. TERMINATION. The Commission shall terminate six years after the initial appointment of all of the members of the Commission.

Eradication of Slavery in Sudan Act of 2006 - Establishes the United States Commission to Monitor Slavery and its Eradication in Sudan, which shall have as its primary responsibility: (1) reporting on progress made by the government of Sudan and nongovernmental organizations in identifying the location of slaves in Sudan and ensuring their freedom; (2) working with the government of Sudan to ensure safe passage of freed slaves and family reunification; (3) documenting existing cases of slavery and working to prevent new cases from occurring; (4) ensuring that former slaves have access to basic education and skill training, as well as medical, social, and psychological support needed for their rehabilitation and reintegration into society; and (5) ensuring that those individuals responsible for slavery are brought to justice. Requires an annual report to the Secretary of State.

To establish the United States Commission to Monitor Slavery and its Eradication in Sudan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bucket Drowning Prevention Act of 1993.'' SEC. 2. LABELING STANDARD REQUIREMENTS. On October 1, 1994, or 240 days after the date of the enactment of this title, whichever first occurs, there is established and effective a consumer product safety standard under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), to eliminate or reduce the risk of injury or death resulting from infants falling into 4-gallon to 6- gallon buckets containing liquid. Such standard, when established, shall require straight sided or slightly tapered, open head containers with a capacity of more than 4 gallons and less than 6 gallons (referred to in this Act as a ``bucket''), to bear one warning label in English and Spanish. The label shall meet the following requirements: (1) The label shall be permanent so that such label cannot be removed, torn or defaced without the aid of tools or solvents. (2) The label shall be at least 7 inches in height, and 3\1/2\ inches in width, or any larger size as the labeler may choose. (3) The label shall be centered on one side of the bucket just below the point where the handle is inserted. (4) The label shall have a border or other form of contrast around its edges to delineate it from any other information on the bucket. (5) The label shall bear (A) the signal word ``WARNING'' in both English and Spanish, in bold uppercase lettering, and (B) in upper and lower case lettering the words ``Children Can Fall Into Bucket and Drown. Keep Children Away From Buckets With Even a Small Amount of Liquid.'', with an equivalent Spanish translation in at least the same type size as English. The signal word panel shall be preceded by a safety alert symbol consisting of an exclamation mark in a triangle. (6) The label shall be clear and conspicuous and in contrasting colors. (7) The label shall include a picture of a child falling into a bucket containing liquid. An encircled slash symbol shall be superimposed over, and surround the pictorial. The picture shall be positioned between the signal word panel and the message panel. SEC. 3. CERTAIN BUCKETS NOT AFFECTED. The standard established by section 2 applies only to buckets manufactured or imported on or after the effective date of such standard, and buckets manufactured or imported before such effective date may be sold without the warning label required by section 2 even though such sales occur after that date. The Consumer Product Safety Commission, by rule, shall prohibit a manufacturer, filler, distributor, and retailer from stockpiling buckets to which consumer product safety standards established by section 2 of this title would have applied but for the preceding sentence. For purposes of this section, the term ``stockpiling'' shall have the same meaning as that provided by section 9(g)(2) of the Consumer Product Safety Act. SEC. 4. PROHIBITED ACTS. (a) Removal of Label.--Once placed on a bucket pursuant to the standard provided by section 2, it shall be a prohibited act under section 19 of the Consumer Product Safety Act for any person in the chain of distribution of the bucket to intentionally cover, obstruct, tear, deface or remove the label. (b) Consumer Product Safety Standard.--The standard established by section 2 of this title shall be considered a consumer product safety standard established under the Consumer Product Safety Act. SEC. 5. EXISTING LABELS. Notwithstanding section 2, any bucket label in use on September 1, 1993, may, if such label is substantially in conformance with the requirements of paragraphs (3), (4), (5), and (6) of section 2, continue to be placed on buckets until 12 months after the date of the enactment of this title. Notwithstanding the preceding sentence, buckets subject to the provisions of this section must bear both an English and Spanish language label on and after the effective date of the standard established by section 2. SEC. 6. AMENDMENTS. Section 553 of title 5, United States Code, shall apply with respect to the Consumer Product Safety Commission's issuance of any amendments or changes to the bucket labeling standard established by section 2 of this title. Sections 7 and 9 of the Consumer Product Safety Act shall not apply to such amendments or changes. SEC. 7. RESPONSIBILITY FOR LABELING. (a) Labeling.--The standard established by section 2 requires the labeling of buckets covered by such standard to be the responsibility of the manufacturer of any such buckets, unless otherwise specified by contract between the manufacturer, and either the filler, distributor, or retailer of such buckets. Under no circumstances shall any such bucket enter the stream of commerce without such label. (b) Time for Placing Labels.--The required label must be on the bucket at the time it is sold or delivered to the end user of the bucket or its contents or, in the case of a bucket intended to be sold to the public in an empty state, at the time it is shipped to a retailer for sale to the public. SEC. 8. PERFORMANCE STANDARD. (a) Performance Standard.--Within 30 days following the date of enactment of this title, the Consumer Product Safety Commission shall commence a proceeding under the Consumer Product Safety Act for the issuance of a performance standard for buckets to address the drowning hazard associated with this product. Section 553 of title 5, United States Code, shall apply with respect to the issuance of such standard. Sections 7 and 9 of the Consumer Product Safety Act shall not apply to the issuance of such standard. Such standard shall take effect at such time as may be prescribed by the Consumer Product Safety Commission, but in no event later than 15 months following the date of the enactment of this title. The Consumer Product Safety Commission shall consider any American Society for Testing and Materials voluntary performance standard in existence prior to such date of enactment. (b) Labeling Requirements.--The labeling requirements under section 2 shall not apply to buckets certified by the Consumer Product Safety Commission as meeting the performance standard in subsection (a). SEC. 9. CONSULTATION. To avoid duplicative and conflicting labeling, the Consumer Product Safety Commission shall complete a consultation with relevant Federal agencies within 30 days following the date of enactment of this Act. SEC. 10. REQUIREMENT FOR CPSC STUDY. (a) The Consumer Product Safety Commission shall conduct a study to determine: (1) consumer use patterns of new and used 4- to 6- gallon steel and metal buckets; and (2) the prevalence of incidents of death or injury to children associated with the use of such containers. The study also shall be designed to identify use patterns that may signify that such containers are being used by consumers in and around a household, residence, school or otherwise. The study shall be completed within 12 months of the date of enactment. The study shall be repeated for two consecutive years following completion of the initial study. The study shall be repeated if necessary to track any changes in use patterns or to identify incidents of death or injury. (b) During the pendency of this study and in the absence of any regulation of 4- to 6-gallon containers by the Commission thereafter, metal containers which would otherwise be required to comply with the labeling requirements of section 3 are exempt from such requirements. For the purposes of section 26 of the Consumer Product Safety Act, such exemption shall be considered a consumer product safety standard. Upon review of the results of the study, the CPSC shall decide whether to continue this exemption, to require compliance by metal containers, or to consider further study in the future.

Bucket Drowning Prevention Act of 1993 - Establishes a consumer product safety standard requiring four- to six-gallon buckets to bear a warning label that includes a picture of a child falling into a bucket and the words, in English and Spanish: "WARNING. Children Can Fall into Bucket and Drown. Keep Children Away From Buckets With Even a Small Amount of Liquid." Exempts buckets manufactured or imported before the effective date of this labeling standard. Requires the Consumer Product Safety Commission to prohibit a manufacturer, filler, distributor, and retailer from stockpiling such buckets. Requires the Commission to conduct a study to determine: (1) consumer use patterns of new and used four- to six-gallon steel and metal buckets; and (2) the prevalence of incidents of death or injury to children associated with their use. Exempts metal containers from the labeling requirements of this Act during the pendency of the study and in the absence of any regulation of four- to six-gallon containers by the Commission thereafter. Requires the Commission, upon the review of the results of the study, to decide whether to continue this exemption, to require compliance by metal containers, or to consider a further study.

Bucket Drowning Prevention Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Insurance Provides Security (CHIPS) Act of 1997''. SEC. 2. ENCOURAGING STATES THROUGH INCREASED FEDERAL MEDICAL ASSISTANCE PERCENTAGE (FMAP) TO EXPAND MEDICAID COVERAGE OF CHILDREN AND PREGNANT WOMEN. (a) Increased FMAP for Medical Assistance for Certain Individuals.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (b), by adding at the end the following new sentence: ``Notwithstanding the first sentence of this subsection, in the case of a State plan that meets the conditions described in subsection (t)(1), with respect to expenditures for medical assistance for individuals within an optional coverage group (as defined in subsection (t)(2)) the Federal medical assistance percentage is equal to the enhanced medical assistance percentage described in subsection (t)(3).''; and (2) by adding at the end the following new subsection: ``(t)(1) The conditions described in this paragraph for a State plan are as follows: ``(A) The plan provides (either through exercise of the option under section 1902(l)(1)(D) or authority under section 1902(r)(2)) for coverage under section 1902(l)(1)(D) of individuals under 19 years of age, regardless of date of birth. ``(B) The plan provides under section 1902(e)(12) for continuous eligibility for a period of 12 months (under subparagraph (A) of such section) of all individuals under 19 years of age who are determined to be eligible for benefits under a State plan approved under this title under section 1902(a)(10)(A). ``(2) For purposes of subsection (b), the term `optional coverage group' means individuals described in each of the following subparagraphs: ``(A) Pregnant women with family income between 133 percent and 150 percent of poverty line.--Women described in subparagraph (A) of section 1902(l)(1) whose family income exceeds 133 percent, but does not exceed 150 percent, of the poverty line for a family of the size involved. ``(B) Infants with family income between 133 percent and 150 percent of poverty line.--Infants described in subparagraph (B) of section 1902(l)(1) whose family income exceeds 133 percent, but does not exceed 150 percent, of the poverty line for a family of the size involved. ``(C) Children under 6 years of age with family income between 133 percent and 150 percent of poverty line.--Children described in subparagraph (C) of section 1902(l)(1) whose family income exceeds 133 percent, but does not exceed 150 percent, of the poverty line for a family of the size involved. ``(D) Older children with family income between 100 percent and 150 percent of poverty line.--Children described in subparagraph (D) of section 1902(l)(1), who are not described in any of subclauses (I) through (III) of section 1902(a)(10)(A)(i), and whose family income exceeds 100 percent, but does not exceed 150 percent, of the poverty line for a family of the size involved. ``(3) The enhanced medical assistance percentage described in this paragraph for a State is equal to the Federal medical assistance percentage (as defined in the first sentence of subsection (b)) for the State increased (but not above 90 percent) by the number of percentage points equal to 30 percent of the number of percentage points by which (A) such Federal medical assistance percentage for the State, is less than (B) 100 percent.''. (b) State Option To Expand Eligibility to 150 Percent of Poverty Line for Children Over 1 Year of Age.--Section 1902(l)(2) of such Act (42 U.S.C. 1396a(l)(2)) is amended-- (1) in subparagraph (B), by striking ``equal to 133 percent'' and inserting ``a percentage (specified by the State and not less than 133 percent and not more than 150 percent)'', and (2) in subparagraph (C), by striking ``equal to 100 percent'' and inserting ``a percentage (specified by the State and not less than 100 percent and not more than 150 percent)''. (c) Clarification of State Option To Cover All Children Under 19 Years of Age.--Section 1902(l)(1)(D) of such Act (42 U.S.C. 1396a(l)(1)(D)) is amended by inserting ``(or, at the option of a State, after any earlier date)'' after ``children born after September 30, 1983''. (d) State Option of Continuous Eligibility for 12 Months.--Section 1902(e) of such Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following new paragraph: ``(12) At the option of the State, the plan may provide that an individual who is under an age specified by the State (not to exceed 19 years of age) and who is determined to be eligible for benefits under a State plan approved under this title under subsection (a)(10)(A) shall remain eligible for those benefits until the earlier of-- ``(A) the end of a period (not to exceed 12 months) following the determination; or ``(B) the time that the individual exceeds that age.''. (e) Effective Date.--The amendments made by this section shall apply to medical assistance for items and services furnished on or after January 1, 1998. SEC. 3. EMPLOYER CONTRIBUTIONS TO PREMIUMS. (a) General Rule.--Any employer which elects to make employer contributions on behalf of an individual who is an employee of such employer, or who is a dependent of such employee, for health insurance coverage shall not condition, or vary, such contributions with respect to any such individual by reason of such individual's status as an individual eligible for medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (b) Elimination of Contributions.--An employer shall not be treated as failing to meet the requirements of subsection (a) if the employer ceases to make employer contributions for health insurance coverage for all its employees. (c) Enforcement.--The enforcement provisions applicable to group health insurance coverage under the amendments made by section 101(e)(2) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 1952) shall apply with respect to an employer that violates the provisions of this section in the same manner as such provisions apply to employers under such amendments. SEC. 4. GRANT PROGRAM TO PROMOTE OUTREACH EFFORTS. (a) Authorization of Appropriations.--There are authorized to be appropriated, for each fiscal year beginning with fiscal year 1998 to the Secretary of Health and Human Services, $25,000,000 for grants to States, localities, and nonprofit entities to promote outreach efforts to enroll eligible children under the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and related programs. (b) Use of Funds.--Funds under this section may be used to reimburse States, localities, and nonprofit entities for additional training and administrative costs associated with outreach activities. Such activities include the following: (1) Use of a common application form for federal child assistance programs.--Implementing use of a single application form (established by the Secretary and based on the model application forms developed under subsections (a) and (b) of section 6506 of the Omnibus Budget Reconciliation Act of 1989 (42 U.S.C. 701 note; 1396a note)) to determine the eligibility of a child or the child's family (as applicable) for assistance or benefits under the medicaid program and under other Federal child assistance programs (such as the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), the food stamp program, as defined in section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)), and the State program for foster care maintenance payments and adoption assistance payments under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.)). (2) Expanding outstationing of eligibility personnel.-- Providing for the stationing of eligibility workers at sites, such as hospitals and health clinics, at which children receive health care or related services. (c) Application, Etc.--Funding shall be made available under this section only upon the approval of an application by a State, locality, or nonprofit entity for such funding and only upon such terms and conditions as the Secretary specifies. (d) Administration.--The Secretary may administer the grant program under this section through the identifiable administrative unit designated under section 509(a) of the Social Security Act (42 U.S.C. 709(a)) to promote coordination of medicaid and maternal and child health activities and other child health related activities.

Children's Health Insurance Provides Security (CHIPS) Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to offer States which have Medicaid plans that provide for the following an enhanced Federal match: (1) Medicaid coverage of pregnant women under age 19, infants, and children with family income between 133 and 150 percent of the poverty line regardless of date of birth; and (2) continuous eligibility for them for a period of 12 months. Gives States the option to expand Medicaid eligibility to 150 percent of the poverty line for children over one year of age. Prohibits any employer which elects to make employer contributions on behalf of an individual who is an employee of such employer, or who is a dependent of such employee, for health insurance coverage from conditioning, or varying, such contributions with respect to any such individual by reason of such individual's status as a Medicaid-eligible individual. Provides that an employer shall not be treated as failing to meet such requirements if the employer ceases to make employer contributions for health insurance coverage for all its employees. Makes the enforcement provisions applicable to group health insurance coverage under amendments made by the Health Insurance Portability and Accountability Act of 1996 applicable with respect to an employer that violates this paragraph in the same manner as this paragraph applies to employers under such amendments. Authorizes appropriations to the Secretary of Health and Human Services for grants to States, localities, and nonprofit entities to promote outreach efforts to enroll eligible children under Medicaid and related programs.

Children's Health Insurance Provides Security (CHIPS) Act of 1997

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, public works, humanitarian and other transition 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 being scaled up or down to accommodate major disaster preparedness and response drills, operations, and procedures; (4) capable of housing existing permanent structures necessary to meet training and first responders coordination requirements during nondisaster periods; (5) capable of hosting the infrastructure necessary to rapidly adjust to temporary housing, medical, and humanitarian assistance needs; (6) required to consist of a complete operations command center, including 2 state-of-the art command and control centers that will comprise a 24/7 operations watch center as follows: (A) one of the command and control centers shall be in full ready mode; and (B) the other shall be used daily for training; and (7) easily accessible at all times and be able to facilitate handicapped and medical facilities, 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 $180,000,000 for each of fiscal years 2008 and 2009 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 or realignment 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) that meet all, or 2 out, of the 3 following requirements: (A) Is located in close proximity to a transportation corridor. (B) Is located in a State with a high level or threat of disaster related activities. (C) Is located near a major metropolitan center. (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 military installations to use existing infrastructure 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 of first responders and the coordination of preparedness, response, and recovery efforts. Lists minimum requirements for sites for such centers, including that they be capable of: (1) meeting for an extended period the housing, health, transportation, education, public works, humanitarian, and other transition needs of a large number of individuals affected; (2) being scaled up or down to accommodate major disaster preparedness and response drills, operations, and procedures; (3) housing existing permanent structures necessary to meet training and first responders coordination requirements during non-disaster periods; and (4) hosting the infrastructure necessary to rapidly adjust to temporary housing, medical, and humanitarian assistance needs. Sets forth center location requirements, including requiring the Secretary to designate closed military installations as sites whenever possible and to designate portions of existing military installations as centers otherwise.

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 ``Office of Government Ethics Authorization Act of 1994''. SEC. 2. GIFT ACCEPTANCE AUTHORITY. Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App. 5) is amended by-- (1) inserting ``(a)'' before ``Upon the request''; and (2) adding at the end thereof the following: ``(b)(1) The Director is authorized to accept and utilize on behalf of the United States, any gift, donation, bequest, or devise of money, use of facilities, personal property, or services for the purpose of aiding or facilitating the work of the Office of Government Ethics. ``(2) No gift may be accepted-- ``(A) that attaches conditions inconsistent with applicable laws or regulations; or ``(B) that is conditioned upon or will require the expenditure of appropriated funds that are not available to the Office of Government Ethics. ``(3) The Director shall establish written rules setting forth the criteria to be used in determining whether the acceptance of contributions of money, services, use of facilities, or personal property under this subsection would reflect unfavorably upon the ability of the Office of Government Ethics or any employee to carry out its responsibilities or official duties in a fair and objective manner, or would compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs.''. SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS. The text of section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App. 5) is amended to read as follows: ``There are authorized to be appropriated to carry out the provisions of this title and for no other purpose, not to exceed $14,000,000 for fiscal year 1995 and for each of the next 7 fiscal years thereafter.''. SEC. 4. ASSISTANCE FROM OTHER AGENCIES. Section 403(a) of the Ethics in Government Act of 1978 (5 U.S.C. App. 5), as designated by section 2, is amended-- (1) in paragraph (1) by striking ``under this Act; and'' and inserting ``of the Office of Government Ethics; and''; and (2) in paragraph (2) by striking ``duties.'' and inserting ``duties under this Act or any other Act.''. SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS. Section 207(j) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(7) Political parties and campaign committees.--(A) Except as provided in subparagraph (B), the restrictions contained in subsections (c), (d), and (e) shall not apply to a communication or appearance made solely on behalf of a candidate in his or her capacity as a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party. ``(B) Subparagraph (A) shall not apply to-- ``(i) any communication to, or appearance before, the Federal Election Commission by a former officer or employee of the Federal Election Commission; or ``(ii) a communication or appearance made by a person who is subject to the restrictions contained in subsections (c), (d), or (e) if, at the time of the communication or appearance, the person is employed by a person or entity other than-- ``(I) a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party; or ``(II) a person or entity who represents, aids, or advises only persons or entities described in subclause (I). ``(C) For purposes of this paragraph-- ``(i) the term `candidate' means any person who seeks nomination for election, or election, to Federal or State office or who has authorized others to explore on his or her behalf the possibility of seeking nomination for election, or election, to Federal or State office; ``(ii) the term `authorized committee' means any political committee designated in writing by a candidate as authorized to receive contributions or make expenditures to promote the nomination for election, or the election, of such candidate, or to explore the possibility of seeking nomination for election, or the election, of such candidate, except that a political committee that receives contributions or makes expenditures to promote more than 1 candidate may not be designated as an authorized committee for purposes of subparagraph (A); ``(iii) the term `national committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level; ``(iv) the term `national Federal campaign committee' means an organization that, by virtue of the bylaws of a political party, is established primarily for the purpose of providing assistance, at the national level, to candidates nominated by that party for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; ``(v) the term `State committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level; ``(vi) the term `political party' means an association, committee, or organization that nominates a candidate for election to any Federal or State elected office whose name appears on the election ballot as the candidate of such association, committee, or organization; and ``(vii) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.''. SEC. 6. REPEAL AND CONFORMING AMENDMENTS. (a) Repeal of Display Requirement.--The Act entitled ``An Act to provide for the display of the Code of Ethics for Government Service'', approved July 3, 1980 (Public Law 96-303; 5 U.S.C. 7301 note) is repealed. (b) Conforming Amendments.-- (1) FDIA.--Section 12(f)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1822 (f)(3)) is amended by striking ``, with the concurrence of the Office of Government Ethics,''. (2) Ethics in government act of 1978.--(A) The heading for section 401 of the Ethics in Government Act of 1978 is amended to read as follows: ``establishment; appointment of director''. (B) Section 408 is amended by striking ``March 31'' and inserting ``April 30''. SEC. 7. EFFECTIVE DATE. This Act shall take effect on October 1, 1994, except section 5 shall take effect and apply to communications or appearances made on and after the date of enactment of this Act. Passed the Senate October 6 (legislative day, September 12), 1994. Attest: Secretary.

Office of Government Ethics Authorization Act of 1994 - Amends the Ethics in Government Act of 1978 to: (1) extend the authorization of appropriations for the Office of Government Ethics (OGE); and (2) authorize the OGE Director to accept gifts for OGE use. Amends the Federal criminal code to revise postemployment restrictions on former Federal officers, employees, and elected officials of the executive and legislative branches, adding exceptions for communications or appearances made solely on behalf of a candidate in his or her capacity as a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party.

Office of Government Ethics Authorization Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Havens for Children Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Family violence does not necessarily cease when family victims are legally separated by divorce or otherwise not sharing a household. (2) According to a 1996 report by the American Psychological Association, custody and visitation disputes are more frequent when there is a history of domestic violence. (3) Family violence often escalates following separation and divorce, and child custody and visitation arrangements become the new forum for the continuation of abuse. (4) According to a 1996 report by the American Psychological Association, fathers who batter mothers are twice as likely to seek sole custody of their children. In these circumstances, if the abusive father loses custody he is more likely to continue the threats to the mother through other legal actions. (5) Some perpetrators of violence use the children as pawns to control the abused party and to commit more violence during separation or divorce. In one study, 34 percent of women in shelters and callers to hotlines reported threats of kidnapping, 11 percent reported that the batterer had kidnapped the child for some period, and 21 percent reported that threats of kidnapping forced the victim to return to the batterer. (6) Approximately 90 percent of children in homes in which their mothers are abused witness the abuse. Children who witness domestic violence may exhibit more aggressive, antisocial, fearful, and inhibited behaviors. Such children display more anxiety, aggression and temperamental problems. (7) Women and children are at an elevated risk of violence during the process of separation or divorce. (8) Fifty to 70 percent of men who abuse their spouses or partners also physically abuse their children. (9) Up to 75 percent of all domestic assaults reported to law enforcement agencies were inflicted after the separation of the couple. (10) In one study of spousal homicide, over \1/2\ of the male defendants were separated from their victims. (11) Seventy-three percent of battered women seeking emergency medical services do so after separation. (12) The National Council of Juvenile and Family Court Judges includes the option of visitation centers in their Model Code on Domestic and Family Violence. (b) Purposes.--The purposes of section 2 are-- (1) to protect children from the trauma of witnessing or experiencing violence, sexual abuse, neglect, abduction, rape, or death during parent and child visitation and visitation exchanges; (2) to protect victims of domestic violence from experiencing further violence, abuse, and threats during child visitation or visitation exchanges; and (3) to provide an ongoing safe haven for parents and children during visitation or visitation exchanges to promote continuity and stability. SEC. 2. GRANTS TO STATES TO PROVIDE FOR SUPERVISED VISITATION CENTERS. (a) Grants to States.--The Attorney General may award grants to States to enable States to enter into contracts and cooperative agreements with public or private nonprofit entities to assist such entities in establishing and operating supervised visitation centers for the purposes of facilitating supervised visitation and visitation exchange. At least 50 percent of all grants awarded under this subsection shall be used by State grantees for contracts and cooperative agreements with nonprofit, nongovernmental entities. (b) Considerations.--In awarding grants under paragraph (1), the Attorney General shall take into account and in awarding contracts and cooperative agreements a State which received such a grant shall take into account-- (1) the number of families to be served by the proposed visitation center to be established under the grant; (2) the extent to which supervised visitation centers serve underserved populations as that term is defined in section 2003(7) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7)); (3) the extent to which the applicant demonstrates cooperation and collaboration with nonprofit, nongovernmental entities in the local community served, including the State domestic violence coalition centers and other local shelters and programs for domestic violence victims, including programs providing legal assistance to domestic violence victims; and (4) the extent to which the applicant demonstrates coordination or collaboration with State and local court systems, including mechanisms for communication and referral. (c) Use of Funds.-- (1) In general.--Amounts provided under a grant under subsection (a) or provided by a State grantee under a contract or cooperative agreement shall be used to establish supervised visitation centers and for the purposes described in section 1(b). In using such amounts, grantees and persons awarded a contract or cooperative agreement shall target the economically disadvantaged and those individuals who could not otherwise afford such visitation services. Individuals shall be permitted to use the services provided by the center on a sliding fee basis. (2) Regulations and applicant requirements.--The Attorney General shall award grants to States and States shall enter into contracts and cooperative agreements under such grants in accordance with such regulations as the Attorney General may promulgate. The Attorney General shall give priority in awarding grants and States shall give priority in awarding contracts and cooperative agreements under such grants to States that consider domestic violence in making a custody decision. An applicant awarded a grant from the Attorney General or an applicant awarded a contract or cooperative agreement by a State grantee shall-- (A) demonstrate recognized expertise in the area of family violence and a record of high quality service to victims of domestic violence; (B) demonstrate collaboration with and support of the State domestic violence coalition and local domestic violence shelter or program in the locality in which the supervised visitation center will be operated; and (C) provide long-term supervised visitation and visitation exchange services to promote continuity and stability. (d) Reporting.--Not later than 60 days after the end of each fiscal year, the Attorney General shall report to Congress information concerning-- (1) the number of individuals served and the number of individuals turned away from services categorized by State, the number of individuals from underserved populations served or turned away from such services, and the type of presenting problems that underlie the need for supervised visitation or visitation exchange, such as domestic violence, child abuse emotional or other physical abuse, or a combination of such factors; (2) the numbers of supervised visitations or visitation exchanges ordered during custody determinations under a separation or divorce decree or protection order, through child protection services, or through other social services agencies; (3) the process by which children or abused partners are protected during visitations, temporary custody transfers and other activities for which the supervised visitation centers are created; (4) safety and security problems occurring during the reporting period during supervised visitations or at visitation centers including the number of parental abduction cases; (5) the number of parental abduction cases in a judicial district using supervised visitation services, both as identified in criminal prosecution and custody violations; and (6) any other appropriate information designated in regulations promulgated by the Attorney General. (e) Authorization of Appropriations.-- (1) In general.--For the purpose of awarding grants under this section, there are authorized to be appropriated $75,000,000 for fiscal year 1998, $85,000,000 for fiscal year 1999, and $95,000,000 for fiscal year 2000. (2) Distribution.--Of the amounts appropriated under subparagraph (A) for each fiscal year, not less than 95 percent shall be used to award grants.

Safe Havens for Children Act of 1997 - Authorizes the Attorney General to award grants to States to enable them to enter into contracts and cooperative agreements with public or private nonprofit entities for the establishment and operation of supervised visitation centers. Mandates that: (1) the visitation centers target the economically disadvantaged and individuals who cannot afford visitation services; (2) grant applicants demonstrate expertise in the area of domestic violence; and (3) the Attorney General report annually to the Congress on specified aspects of the visitation centers. Authorizes appropriations.

Safe Havens for Children Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Rail Infrastructure Investment Act of 2009''. SEC. 2. CREDIT FOR FREIGHT RAIL INFRASTRUCTURE CAPACITY EXPANSION PROPERTY. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45R. FREIGHT RAIL CAPACITY EXPANSION CREDIT. ``(a) General Rule.--For purposes of section 38, the freight rail capacity expansion credit determined under this section for the taxable year is an amount equal to 25 percent of the cost of the following property placed in service during the taxable year: ``(1) New qualified freight rail infrastructure property. ``(2) Qualified locomotive property. ``(b) New Qualified Freight Rail Infrastructure Property.--For purposes of this section-- ``(1) In general.--The term `new qualified freight rail infrastructure property' means qualified freight rail infrastructure property-- ``(A) the construction, erection, or eligible bridge or tunnel replacement or expansion (pursuant to paragraph (2)) which the taxpayer certifies was completed after the date of enactment of this section in compliance with the standards of section 24312 of title 49, United States Code (as in effect on the date of enactment of this subsection) with respect to the project in the same manner that the National Railroad Passenger Corporation is required to comply with such standards for construction work financed under an agreement made under section 24308(a) of that title, or ``(B) which is acquired by the taxpayer after such date, but only if the original use of such property commences with the taxpayer. ``(2) Exception for property replacing property at existing location.--The term `new qualified freight rail infrastructure property' does not include property which is replacing existing qualified freight rail infrastructure property if the replacement property is located at the site of the existing property. The preceding sentence shall not apply to the replacement or expansion of a bridge or tunnel to allow for additional clearance, track, or other capacity enhancement where such clearance, track, or other capacity enhancement did not previously exist. ``(3) Qualified freight rail infrastructure property.-- ``(A) In general.--The term `qualified freight rail infrastructure property' means property used in the movement of freight by rail-- ``(i) the cost of which is chargeable to capital account (determined without regard to section 179F), and ``(ii) which constitutes-- ``(I) railroad grading or tunnel bore (as defined in section 168(e)(4)), ``(II) tunnels or subways, ``(III) track, including ties, rails, ballast, or other track material, ``(IV) bridges, trestles, culverts, or other elevated or submerged structures, ``(V) terminals, yards, roadway buildings, fuel stations, or railroad wharves or docks, including fixtures attached thereto, and equipment used exclusively therein, ``(VI) railroad signal, communication, or other operating systems, including components of such systems that must be installed on locomotives or other rolling stock, or ``(VII) intermodal transfer or transload facilities or terminals, including fixtures attached thereto, and equipment used exclusively therein. ``(B) Exclusions.--The term `qualified freight rail infrastructure property' shall not include-- ``(i) land, ``(ii) rolling stock, including locomotives, or ``(iii) property used predominantly outside the United States, except that this subparagraph shall not apply to any property described in section 168(g)(4). ``(c) Qualified Locomotive Property.-- ``(1) In general.--For purposes of this section, the term `qualified locomotive property' means a locomotive-- ``(A) which is acquired by the taxpayer after the date of enactment of this section, but only if the original use of such property commences with the taxpayer, ``(B) which is owned by, or leased to, a taxpayer which meets the capacity expansion requirement of paragraph (2) for the taxable year in which the locomotive is placed in service, and ``(C) which meets the Environmental Protection Agency's emission standards for locomotives and locomotive engines as in effect on December 31, 2006. ``(2) Capacity expansion requirement.--A taxpayer meets the requirements of this paragraph with respect to any locomotive only if, on the last day of the taxable year in which such locomotive is placed in service, the total horsepower of all locomotives owned by, or leased to, the taxpayer exceeds the total horsepower of all locomotives owned by, or leased to, the taxpayer on the last day of the preceding taxable year. A determination under this paragraph shall be made pursuant to such reports as the Secretary, in consultation with the Surface Transportation Board, may prescribe. ``(3) Special rule for the leasing of locomotives.--In the case of the leasing of locomotives, total horsepower under paragraph (2) shall be determined with respect to all locomotives owned by, or leased to, the lessee. ``(d) Other Definitions and Special Rules.-- ``(1) Definitions.--For purposes of this section-- ``(A) Railroad signal, communication, or other operating system.--The term `railroad signal, communication, or other operating system' means an appliance, method, device, or system (including hardware and software) which is used to operate a railroad or to improve safety or capacity of railroad operations, including a signal, an interlocker, an automatic train stop, or a train control or cab-signal device. ``(B) Intermodal transfer or transload facility or terminal.--The term `intermodal transfer or transload facility or terminal' means a facility or terminal primarily utilized in the transfer of freight between rail and any other mode of transportation. ``(2) Coordination with other credits.--The cost of any property taken into account in determining the credit under this section may not be taken into account in determining a credit under any other provision of this title. ``(3) Basis adjustment.--If a credit is determined under this section with respect to the cost of any qualified freight rail infrastructure property or qualified locomotive property, the basis of such property shall be reduced by the amount of the credit so determined. ``(4) Sale-leasebacks.--If qualified freight rail infrastructure property or qualified locomotive property is-- ``(A) originally placed in service by a person after the date of enactment of this section, and ``(B) sold and leased back by such person within 3 months after the property is originally placed in service (or, in the case of multiple units of property subject to the same lease, within 3 months after the date the final unit is placed in service, so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed 12 months), such property shall be treated as originally placed in service not earlier than the date on which such property is used under the lease referred to in subparagraph (B). ``(5) Recapture.--The benefit of any credit allowable under subsection (a) shall, under regulations prescribed by the Secretary, be recaptured with respect to any qualified locomotive property that is sold or otherwise disposed of by the taxpayer during the 5-year period beginning on the date on which such property is originally placed in service. The preceding sentence shall not apply to locomotive property that is sold by and subsequently leased back to the taxpayer. ``(e) Termination.--This section shall not apply to any property placed in service after December 31, 2012.''. (b) Credit Allowed as 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 (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the freight rail capacity expansion credit determined under section 45R.''. (c) Coordination With Section 55.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and inserting ``, and'', and by adding at the end the following new clause: ``(ix) for taxable years beginning after the date of the enactment of this clause, the credit determined under section 45R.''. (d) Basis Adjustment.--Subsection (a) of section 1016 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by inserting after paragraph (37) the following new paragraph: ``(38) to the extent provided in section 45R(d)(3).''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45Q the following new item: ``Sec. 45R. Freight rail capacity expansion credit.''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2009. SEC. 3. EXPENSING OF FREIGHT RAIL INFRASTRUCTURE PROPERTY. (a) In General.--Part VI of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179E the following new section: ``SEC. 179F. ELECTION TO EXPENSE QUALIFIED FREIGHT RAIL INFRASTRUCTURE PROPERTY. ``(a) Allowance of Deduction.-- ``(1) In general.--A taxpayer may elect to treat any amount paid or incurred for the acquisition, construction, or erection of qualified freight rail infrastructure property (as defined in section 45R(b)(3)) as an amount not chargeable to capital account. Any amount so treated shall be allowed as a deduction for the taxable year in which such property was placed in service. ``(2) Coordination with credit.--The amount to which the election under paragraph (1) applies with respect to any property shall be reduced by an amount equal to the amount of any reduction in the basis of the property under section 45R(d)(3). ``(b) Election.--An election under subsection (a) shall be made, with respect to each class of property for each taxable year, at such time and in such manner as the Secretary may prescribe by regulation. If a taxpayer makes such an election with respect to any class of property for any taxable year, the election shall apply to all qualified freight rail infrastructure property in such class placed in service during such taxable year. An election under this section shall not affect the character of any property for the purposes of section 45R. ``(c) Deduction Allowed in Computing Minimum Tax.--For purposes of determining alternative minimum taxable income under section 55, the deduction under subsection (a) for qualified freight rail infrastructure property shall be determined under this section without regard to any adjustment under section 56. ``(d) Termination.--This section shall not apply to any property placed in service after December 31, 2012.''. (b) Deduction for Capital Expenditures.--Section 263(a)(1) of the Internal Revenue Code of 1986 (relating to capital expenditures) is amended by striking ``or'' at the end of subparagraph (K), by striking the period at the end of paragraph (L) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(M) expenditures for which a deduction is allowed under section 179F.''. (c) Technical and Clerical Amendments.-- (1) Section 312(k)(3)(B) of the Internal Revenue Code of 1986 is amended by striking ``or 179E'' each place it appears in the text or heading thereof and inserting ``179E, or 179F''. (2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such Code are each amended by inserting ``179F,'' after ``179E,''. (3) The table of sections for part VI of subchapter B of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 179E the following new item: ``Sec. 179F. Election to expense qualified freight rail infrastructure property.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2009. SEC. 4. EXTENSION AND MODIFICATION OF RAILROAD TRACK MAINTENANCE CREDIT. (a) Extension of Credit.--Section 45G(f) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2010'' and inserting ``January 1, 2013''. (b) Expenditures.--Subsection (d) of section 45G of the Internal Revenue Code of 1986 (relating to qualified railroad track maintenance expenditures) is amended by striking ``for maintaining'' and all that follows and inserting ``for maintaining-- ``(A) in the case of taxable years beginning after December 31, 2004, and before January 1, 2009, railroad track (including roadbed, bridges, and related track structures) owned or leased as of January 1, 2005, by a Class II or Class III railroad (determined without regard to any consideration for such expenditures given by the Class II or Class III railroad which made the assignment of such track), and ``(B) in the case of taxable years beginning after December 31, 2008, railroad track (including roadbed, bridges, and related track structures) owned or leased as of January 1, 2009, by a Class II or Class III railroad (determined without regard to any consideration for such expenditures given by the Class II or Class III railroad which made the assignment of such track).''. (c) Credit Limitation Adjustment.--Subparagraph (A) of section 45G(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``$3,500'' and inserting ``$4,500''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Comprehensive Rail Infrastructure Investment Act of 2009 - Amends the Internal Revenue Code to: (1) allow a tax credit through 2012 for 25% of the cost of new qualified freight rail infrastructure property and qualified locomotive property; (2) allow a taxpayer election through 2012 to expense the acquisition, construction, or erection costs of qualified freight rail infrastructure property; and (3) extend through 2012 the tax credit for qualified railroad track maintenance expenditures and modify requirements applicable to such expenditures.

To amend the Internal Revenue Code of 1986 to provide incentives to encourage investment in the expansion of freight rail infrastructure capacity and to enhance modal tax equity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community-Based Health Care Retraining Act''. SEC. 2. HEALTH PROFESSIONS TRAINING DEMONSTRATION PROJECT. Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 2916) is amended by adding at the end the following: ``(e) Health Professions Training Demonstration Project.-- ``(1) Definitions.--In this subsection: ``(A) Covered community.--The term `covered community' means a community or region that-- ``(i) has experienced a significant percentage decline in positions in the manufacturing or service sectors; and ``(ii)(I) is eligible for designation under section 332 of the Public Health Service Act (42 U.S.C. 254e) as a health professional shortage area; ``(II) is eligible to be served by a health center under section 330 or a grantee under section 330(h) (relating to homeless individuals) of the Public Health Service Act (42 U.S.C. 254b, 254b(h)); ``(III) has a shortage of personal health services, as determined under criteria issued by the Secretary of Health and Human Services under section 1861(aa)(2) of the Social Security Act (relating to rural health clinics) (42 U.S.C. 1395x(aa)(2)); or ``(IV) is designated by a Governor (in consultation with the medical community) as a shortage area or medically underserved community. ``(B) Covered worker.--The term `covered worker' means an individual who-- ``(i)(I) has been terminated or laid off, or who has received a notice of termination or layoff, from employment in a manufacturing or service sector; ``(II)(aa) is eligible for or has exhausted entitlement to unemployment compensation; or ``(bb) has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop center referred to in section 134(c), attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law; and ``(III) is unlikely to return to a previous industry or occupation; or ``(ii)(I) has been terminated or laid off, or has received a notice of termination or layoff, from employment in a manufacturing or service sector as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; or ``(II) is employed in a manufacturing or service sector at a facility at which the employer has made a general announcement that such facility will close within 180 days. ``(C) Health care professional.--The term `health care professional'-- ``(i) means an individual who is involved with-- ``(I) the delivery of health care services, or related services, pertaining to-- ``(aa) the identification, evaluation, and prevention of diseases, disorders, or injuries; or ``(bb) home-based or community-based long-term care; ``(II) the delivery of dietary and nutrition services; or ``(III) rehabilitation and health systems management; and ``(ii) includes nurses, home health aides, nursing assistants, physician assistants, dental hygienists, diagnostic medical sonographers, dietitians, medical technologists, occupational therapists, physical therapists, radiographers, respiratory therapists, emergency medical service technicians, and speech-language pathologists. ``(2) Establishment of project.--In accordance with subsection (b), the Secretary shall establish and carry out a health professions training demonstration project. ``(3) Grants.--In carrying out the project, the Secretary, after consultation with the Secretary of Health and Human Services, shall make grants to eligible entities to enable the entities to carry out programs in covered communities to train covered workers for employment as health care professionals. The Secretary shall make each grant in an amount of not less than $100,000 and not more than $500,000. ``(4) Eligible entities.--Notwithstanding subsection (b)(2)(B), to be eligible to receive a grant under this subsection to carry out a program in a covered community, an entity shall be a partnership that is-- ``(A) under the direction of a local workforce investment board established under section 117 that is serving the covered community; and ``(B) composed of members serving the covered community, such as-- ``(i) a community college; ``(ii) a vocational or technical school; ``(iii) a health clinic or hospital; ``(iv) a home-based or community-based long-term care facility or program; or ``(v) a health care facility administered by the Secretary of Veterans Affairs. ``(5) Applications.--To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum-- ``(A) a proposal to use the grant funds to establish or expand a training program in order to train covered workers for employment as health care professionals or paraprofessionals; ``(B) information demonstrating the need for the training and support services to be provided through the program; ``(C) information describing the manner in which the entity will expend the grant funds, and the activities to be carried out with the funds; and ``(D) information demonstrating that the entity meets the requirements of paragraph (4). ``(6) Selection.--In making grants under paragraph (3), the Secretary, after consultation with the Secretary of Health and Human Services, shall select-- ``(A) eligible entities submitting applications that meet such criteria as the Secretary of Labor determines to be appropriate; and ``(B) among such entities, the eligible entities serving the covered communities with the greatest need for the grants and the greatest potential to benefit from the grants. ``(7) Use of funds.-- ``(A) In General.--An entity that receives a grant under this subsection shall use the funds made available through the grant for training and support services that meet the needs described in the application submitted under paragraph (5), which may include-- ``(i) increasing capacity at an educational institution or training center to train individuals for employment as health professionals, such as by-- ``(I) expanding a facility, subject to subparagraph (B); ``(II) expanding course offerings; ``(III) hiring faculty; ``(IV) providing a student loan repayment program for the faculty; ``(V) establishing or expanding clinical education opportunities; ``(VI) purchasing equipment, such as computers, books, clinical supplies, or a patient simulator; or ``(VII) conducting recruitment; or ``(ii) providing support services for covered workers participating in the training, such as-- ``(I) providing tuition assistance; ``(II) establishing or expanding distance education programs; ``(III) providing transportation assistance; or ``(IV) providing child care. ``(B) Limitation.--To be eligible to use the funds to expand a facility, the eligible entity shall demonstrate to the Secretary in an application submitted under paragraph (5) that the entity can increase the capacity described in subparagraph (A)(i) only by expanding the facility. ``(8) Funding.--Of the amounts appropriated to, and available at the discretion of, the Secretary or the Secretary of Health and Human Services for programmatic and administrative expenditures, a total of $25,000,000 shall be used to establish and carry out the demonstration project described in paragraph (2) in accordance with this subsection.''.

Community-Based Health Care Retraining Act - Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to establish and carry out a health professions training demonstration project that awards grants to eligible entities to train certain unemployed workers from the manufacturing or service sector for employment as health care professionals in communities with manufacturing and service sector job loss, health professional shortages, or health services shortages, or those designated as a medically underserved community.

A bill to establish a demonstration project to train unemployed workers for employment as health care professionals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seed Availability and Competition Act of 2009''. SEC. 2. RETAINING PATENTED SEED. (a) Registration.--Any person who plants patented seed or seed derived from patented seed may retain seed from the harvest of the planted seed for replanting by that person if that person-- (1) submits to the Secretary of Agriculture notice, in such form as the Secretary may require, of the type and quantity of seed to be retained and any other information the Secretary determines to be appropriate; and (2) pays the fee established by the Secretary pursuant to subsection (b) for the type and quantity of seed retained. (b) Fees.--The Secretary of Agriculture shall establish a fee to be paid by a person pursuant to subsection (a)(2) based on the type and quantity of seed retained. The Secretary shall deposit amounts collected pursuant to subsection (a)(2) in the Patented Seed Fund established under subsection (e)(1). (c) Refunds.--The Secretary of Agriculture may refund or make an adjustment of the fee paid pursuant to subsection (a)(2) when the person is unable to plant or harvest the retained seed as a result of a natural disaster or related condition and under such other circumstances as the Secretary considers such refund or adjustment appropriate. (d) Distributions.--The Secretary of Agriculture shall pay the collected fees to the appropriate patent holders, at a frequency that the Secretary determines is appropriate, from the Patented Seed Fund established under subsection (e)(1), taking into consideration the possibility of refunds pursuant to subsection (c). (e) Patented Seed Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Patented Seed Fund'', consisting of such amounts as may be received by the Secretary and deposited into such Fund as provided in this section. (2) Administration.--The Fund shall be administered by the Secretary of Agriculture and all moneys in the Fund shall be distributed solely by the Secretary in accordance with this section and shall not be distributed or appropriated for any other purpose. Amounts in the Fund are available without further appropriation and until expended to make payments to patent holders. (f) Inapplicability of Contracts and Patent Fees.--A person who retains seed under subsection (a) from the harvest of patented seed or seed derived from patented seed shall not be bound by any contractual limitation on retaining such seed, or by any requirement to pay royalties or licensing or other fees, by reason of the patent, for retaining such seed. (g) Definition.--In this section, the term ``patented seed'' means seed for which a person holds a valid patent. SEC. 3. TARIFF ON CERTAIN IMPORTED PRODUCTS. (a) Tariff.--In any case in which-- (1) genetically modified seed on which royalties or licensing or other fees are charged by the owner of a patent on such seed to persons purchasing the seed in the United States is exported, and (2) no such fees, or a lesser amount of such fees, are charged to purchasers of the exported seed in a foreign country, then there shall be imposed on any product of the exported seed from that foreign country that enters the customs territory of the United States a duty determined by the Secretary of the Treasury, in addition to any duty that otherwise applies, in an amount that recovers the difference between the fees paid by purchasers of the seed in the United States and purchasers of the exported seed in that country. (b) Deposit of Duties.--There shall be deposited in the Patented Seed Fund established under section 2(e)(1) the amount of all duties collected under subsection (a) for distribution to the appropriate patent holders in accordance with section 2(d). (c) Definitions.--In this section-- (1) the term ``genetically modified seed'' means any seed that contains a genetically modified material, was produced with a genetically modified material, or is descended from a seed that contained a genetically modified material or was produced with a genetically modified material; and (2) the term ``genetically modified material'' means material that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutagenesis.

Seed Availability and Competition Act of 2009 - Permits a person who plants patented seed or seed derived from patented seed to retain harvested seed for replanting by such person if that person: (1) notifies the Secretary of Agriculture of the type and quantity of seed to be retained; and (2) pays the appropriate fee established by the Secretary. Establishes the Patented Seed Fund in the Treasury into which such fees shall be deposited and from which the Secretary shall pay appropriate fees to patent holders. Imposes an additional duty on the imported product of exported genetically modified seed on which royalties or other fees are charged by the patent owner to purchasers of the seed in the United States and on which no fees or lesser fees are charged to purchasers of the exported seed in a foreign country. Requires that such duties be deposited in the Fund for distribution to the appropriate patent holders.

To require persons who seek to retain seed harvested from the planting of patented seeds to register with the Secretary of Agriculture and pay fees set by the Secretary for retaining such seed, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boko Haram Terrorist Designation Act of 2013''. SEC. 2. SENSE OF CONGRESS ON DESIGNATION OF BOKO HARAM AS A FOREIGN TERRORIST ORGANIZATION. (a) Findings.--Congress finds the following: (1) The Congregation and People of Tradition for Proselytism and Jihad, or more popularly known under its Hausa name Boko Haram (``Western education is sinful.''), is a Nigerian jihadist organization based in the northeastern part of that country. (2) Since its founding in 2001, Boko Haram reportedly has been responsible for the deaths of more than 10,000 persons, mostly Nigerians. This group has been officially designated by the Government of the Federal Republic of Nigeria as a terrorist organization, along with another group--Jama'atu Ansarul Muslimina Fi Biladis Sudan--under section 2 of Nigeria's Terrorism Prevention Act of 2011 (as amended). (3) Boko Haram claimed responsibility for the August 26, 2011, bombing of the United Nations Building in Abuja in which 21 persons were killed and another 60 were injured. (4) In testimony before the Senate Select Committee on Intelligence on January 31, 2012, Director of National Intelligence James Clapper said Boko Haram ``is interested in hitting targets, such as the U.S. Embassy and hotels frequented by Westerners.'' (5) On February 23, 2012, United States Ambassador to Nigeria Terrance P. McCulley said that Boko Haram's danger was expanding and that at least part of the group ``has decided it's in their interest to attack the international community.''. (b) Criteria.--Section 219(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(1)) provides the 3 criteria for the designation of an organization as a Foreign Terrorist Organization: (1) The organization must be a foreign organization. (2) The organization must engage in terrorist activity, as defined in section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), or terrorism, as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)), or retain the capability and intent to engage in terrorist activity or terrorism. (3) The organization's terrorist activity or terrorism must threaten the security of United States nationals or the national security (national defense, foreign relations, or the economic interests) of the United States. (c) Sense of Congress.--It is the sense of Congress that-- (1) Boko Haram has met the criteria for designation as a Foreign Terrorist Organization under section 219 of the Immigration and Nationality Act (as described in subsection (b)); and (2) the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, should exercise the Secretary of State's statutory authority and designate Boko Haram as a Foreign Terrorist Organization. (d) Report.--If the Secretary of State does not designate Boko Haram as a Foreign Terrorist Organization within 60 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that contains the reasons therefor. SEC. 3. SANCTIONS AGAINST PERSONS WHO KNOWINGLY PROVIDE MATERIAL SUPPORT OR RESOURCES TO BOKO HARAM OR ITS AFFILIATES, ASSOCIATED GROUPS, OR AGENTS. (a) Sanctions.-- (1) In general.--In concert with applicable Nigerian law regarding Boko Haram or its affiliates, associated groups, or agents, the President shall subject to all available sanctions any person in the United States or subject to the jurisdiction of the United States who knowingly provides material support or resources to Boko Haram or its affiliates, associated groups, or agents. (2) Definition.--In this paragraph, the term ``material support or resources'' has the meaning given such term in section 2339A(b)(1) of title 18, United States Code. (b) Inadmissability and Removal.-- (1) Inadmissability.--Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Secretary of Homeland Security shall deny entry to the United States of, any member or representative of Boko Haram or its affiliates, associated groups, or agents. (2) Removal.--In certain circumstances, any alien who is a member or representative of Boko Haram or its affiliates, associated groups, or agents shall be removable from the United States as provided for in sections 212(a)(3)(B)(i)(IV) or (V) and 237(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IV) or (V) and 1227(a)(1)(A)). (c) Funds.--Any United States financial institution that knowingly has possession of or control over funds in which Boko Haram or its affiliates, associated groups, or agents have an interest shall retain possession of or control over the funds and report the funds to the Office of Foreign Assets Control of the Department of the Treasury.

Boko Haram Terrorist Designation Act of 2013 - Expresses the sense of Congress that Boko Haram has met the criteria for designation as a foreign terrorist organization, and the Secretary of State should so designate Boko Haram. Provides that if the Secretary does not designate Boko Haram as a foreign terrorist organization within 60 days the Secretary shall submit a report to Congress that contains the reasons therefor. Directs the President, in concert with applicable Nigerian law, to subject to sanctions any person in the United States or subject to U.S. jurisdiction who knowingly provides material support or resources to Boko Haram or its affiliates, associated groups, or agents. Prohibits the Secretary from issuing any visa to, and directs the Secretary of Homeland Security (DHS) to deny U.S. entry to, any member or representative of Boko Haram or its affiliates, associated groups, or agents. Requires under certain circumstances, the removal from the United States of any alien who is a member or representative of Boko Haram or its affiliates, associated groups, or agents. Requires any U.S. financial institution that knowingly has possession of or control over funds in which Boko Haram or its affiliates, associated groups, or agents have an interest to: (1) retain possession of or control over the funds, and (2) report the funds to the Office of Foreign Assets Control of the Department of the Treasury.

Boko Haram Terrorist Designation Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Consideration of Proposed Rescissions Act of 1993''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriations Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 days after the date of enactment of an appropriation Act, the President may transmit to Congress a special message proposing to rescind amounts of budget authority provided in that Act and include with that special message a draft bill that, if enacted, would only rescind that budget authority. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Limitation on Amounts Subject to Rescission.-- ``(1) The amount of budget authority which the President may propose to rescind in a special message under this section for a particular program, project, or activity for a fiscal year may not exceed 25 percent of the amount appropriated for that program, project, or activity in that Act. ``(2) The limitation contained in paragraph (1) shall only apply to amounts specifically authorized to be appropriated for a particular program, project, or activity. ``(d) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second day of continuous session of the applicable House after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third day of continuous session of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the Committee on Appropriations of the House of Representatives. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh day of continuous session of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C) During consideration under this paragraph, any Member of the House of Representatives may move to strike any proposed rescission or rescissions of budget authority if supported by 49 other Members. ``(D) A vote on final passage of the bill shall be taken in the House of Representatives on or before the close of the 10th calendar day of continuous session of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1)(C) shall be referred to its Committee on Appropriations. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh day of continuous session of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) During consideration under this paragraph, any Member of the Senate may move to strike any proposed rescission or rescissions of budget authority if supported by 14 other Members. ``(C) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th calendar day of continuous session of the Senate after the date on which the bill is transmitted. If the bill is passed in the Senate without amendment, the Secretary of the Senate shall cause the engrossed bill to be returned to the House of Representatives. ``(D) If the bill is amended in the Senate solely as provided by subparagraph (B), the Secretary of the Senate shall cause an engrossed amendment (in the nature of a substitute) to be returned to the House of Representatives. Upon receipt of that amendment from the Senate, the House shall be deemed to have agreed to the Senate amendment and the Clerk of the House of Representatives shall enroll the bill. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(e) Amendments and Divisions Prohibited.--Except as provided by paragraph (1)(C) or (3)(B) of subsection (d), no amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(f) Requirement to Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House defeats the bill transmitted with that special message. ``(g) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''; and (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. APPLICATION. Section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall apply to amounts of budget authority provided by appropriation Acts (as defined in subsection (g) of such section) that are enacted during the One Hundred Third Congress. SEC. 4. TERMINATION. The authority provided by section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall terminate effective on the date in 1994 on which Congress adjourns sine die.

Expedited Consideration of Proposed Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require a special message, in the case of budget authority proposed to be rescinded, to include language amending the law authorizing such programs to allow them to continue to function at the proposed new level of budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal.

Expedited Consideration of Proposed Rescissions Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smoke-Free Environment Act of 1993''. SEC. 2. UNIFORM INDOOR AIR POLICY. (a) In General.--The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by adding at the end the following new title: ``TITLE V--UNIFORM INDOOR AIR POLICY WITH RESPECT TO ENVIRONMENTAL TOBACCO SMOKE ``SEC. 501. PURPOSE. ``The purpose of this title is to establish a uniform indoor air standard for public facilities with respect to environmental tobacco smoke. ``SEC. 502. DEFINITIONS. ``As used in this title: ``(1) Environmental tobacco smoke.--The term `environmental tobacco smoke' means smoke emitted from a cigarette, cigar, or pipe, or any other combustion of tobacco. ``(2) Public facility.--The term `public facility'-- ``(A) means a building regularly entered by 10 or more individuals at least 1 day per week, including a building owned by or leased to a Federal, State, or local government entity; and ``(B) does not include a building or portion of a building regularly used for residential purposes. ``(3) Responsible entity.--The term `responsible entity' means, with respect to a public facility, the owner of the facility, except that in the case of a facility or portion of a facility that is leased, the term means the lessee of the facility. ``SEC. 503. UNIFORM INDOOR AIR POLICY. ``(a) Requirement of Policy.-- ``(1) In general.--Except as provided in subsection (b), the responsible entity for each public facility shall adopt and carry out at the facility a uniform indoor air policy that meets the requirements of paragraph (2). ``(2) Elements of policy.-- ``(A) In general.--Except as provided in subparagraph (B), each uniform indoor air policy for a public facility shall-- ``(i) prohibit the emission of environmental tobacco smoke within the facility and on facility property within the immediate vicinity of the entrance to the facility; and ``(ii) post a clear and prominent notice of the prohibition specified in clause (i) in appropriate and visible locations at the public facility. ``(B) Exception for specially designated smoking areas.-- ``(i) In general.--A uniform indoor air policy may provide an exception to the prohibition specified in subparagraph (A)(i) for 1 or more specially designated smoking areas within a public facility if each area meets the requirements of clause (ii). ``(ii) Requirements.--An area meets the requirements for a specially designated smoking area referred to in clause (i) if-- ``(I) the area is ventilated in accordance with specifications issued by the Administrator that ensure that air from the area is directly exhausted to the outside and does not recirculate or drift to other areas within the public facility; and ``(II) nonsmoking individuals do not have to enter the area for any purpose. ``(b) Waivers.-- ``(1) In general.--A responsible entity for a public facility may petition the Administrator for a waiver from compliance with subsection (a). If the Administrator determines that the public facility is subject to unusual and extenuating circumstances that prevent the compliance, the Administrator may grant the waiver and instead require that the facility protect nonsmokers to the maximum extent practicable. ``(2) Term of waiver.--Each waiver granted under this subsection shall be for a period of not to exceed 1 year. ``(3) Publication.--Each petition for a waiver and a summary of subsequent actions taken by the Administrator shall be published in the Federal Register. ``(4) Report to congress.--The Administrator shall annually report to Congress on all waivers granted during the preceding year. ``SEC. 504. ENFORCEMENT. ``(a) Penalties.-- ``(1) In general.--A person subject to section 503 who fails to comply with such section shall be liable to the United States for a civil penalty in an amount not to exceed $5,000 for each day during which the violation continues. ``(2) Use of penalties.--A court may order that a civil penalty imposed under this section be used for projects that further the purpose of this title. The court shall obtain the view of the Administrator in determining whether to issue an order described in the preceding sentence and in selecting the projects. ``(b) Bringing of Actions.-- ``(1) In general.--Subject to paragraph (2), an action to enforce section 503 may be brought by a person aggrieved by a violation of such section, a State or local government agency, or the Administrator. ``(2) Notice.--An aggrieved person referred to in paragraph (1) shall give an alleged violator notice of the alleged violation not less than 60 days before bringing an action under this section. An aggrieved person may not bring an action under this section if the alleged violator complies with section 503 within the 60-day period and thereafter. ``(c) Venue.--An action to enjoin a violation of section 503 or to impose a civil penalty for a violation of such section may be brought in a district court of the United States for the district in which the defendant resides or is doing business. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce section 503 and to impose civil penalties under this section. ``(d) Costs.--In issuing a final order in an action brought under this section, a court may award costs of litigation (including reasonable attorney and expert witness fees) to a prevailing plaintiff, if the court determines that the award is appropriate. ``SEC. 505. PREEMPTION. ``Nothing in this title shall preempt or otherwise affect any other Federal, State, or local law that provides protection from health hazards from environmental tobacco smoke. ``SEC. 506. REGULATIONS. ``The Administrator may issue such regulations as the Administrator considers necessary to carry out this title.''. (b) Effective Date.--This section and the amendment made by this section shall become effective on the date that is 1 year after the date of enactment of this Act.

Smoke-Free Environment Act of 1993 - Amends the Toxic Substances Control Act to require the responsible entity for each public facility to adopt a uniform indoor air policy that meets the requirements of this Act. Defines a "public facility" as a building regularly entered by ten or more individuals at least one day per week, including a building owned by or leased to a Federal, State, or local governmental entity and excluding a building regularly used for residential purposes. Requires such policy to: (1) prohibit the emission of environmental tobacco smoke within the facility and on facility property within the immediate vicinity of the facility's entrance; and (2) provide for the posting of a notice of such prohibition in visible locations at the facility. Permits such policy to provide an exception to the prohibition for specially designated smoking areas within a facility if: (1) the areas are ventilated to ensure that air is directly exhausted to the outside and does not recirculate or drift to other areas within the facility; and (2) nonsmoking individuals do not have to enter such areas for any purpose. Authorizes waivers from compliance with this Act if a facility is subject to unusual and extenuating circumstances. Limits waivers to one-year periods. Prescribes civil penalties for violations of this Act.

Smoke-Free Environment Act of 1993

SECTION 1. DUTY FREE TREATMENT FOR TENTS FROM CERTAIN MIDDLE EASTERN COUNTRIES. (a) Duty Free Treatment.--Notwithstanding any other provision of law, the President shall provide duty-free treatment for any eligible article from a beneficiary country designated under section 2. (b) Eligible Article.--For purposes of this Act, the term ``eligible article'' means any tent with a sewn in floor and base size less than 20' by 20' classified under subheading 6306.22.90 of the Harmonized Tariff Schedule of the United States. SEC. 2. DESIGNATION OF ELIGIBLE COUNTRIES. (a) In General.--The President shall, upon the enactment of this Act designate each country listed in subsection (d) as a beneficiary country unless, and shall thereafter withdraw such designation from any such countries if-- (1) the country is listed by the United States Department of State as a state sponsor of terrorism; or (2) the country engages in activities that undermine United States national security or foreign policy interests. (b) Reviews.--Beginning 1 year after the date of the enactment of this Act, and annually thereafter, the President shall conduct a review to determine if a basis exists for withdrawing the designation of a country as a beneficiary country under this Act. In determining whether or not to withdraw such designation, the President shall consider-- (1) whether or not the country 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) the country's record on activities that undermine United States national security or foreign policy interests, and support of a peaceful resolution of the Israeli-Palestinian conflict; (3) whether the country is a signatory of the United Nations Declaration of Human Rights, engages 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) the country's participation in the primary, secondary, or tertiary economic boycott of Israel; and (5) whether the country otherwise meets the eligibility criteria set forth in subsection (b)(2) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462), other than subparagraph (B) of such subsection. (c) Continuing Compliance.--If the President determines under subsection (b) that a country should no longer be designated as a beneficiary country, the President shall withdraw such designation. (d) Countries Eligible for Designation.--The countries referred to in subsection (a) are 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. (e) The Palestinian Authority.-- (1) Designation.--The President is authorized to designate the Palestinian Authority or its successor political entity as a beneficiary political entity which, if so designated, shall be eligible for the duty-free treatment under this Act as if it were a beneficiary country, if the President determines that the Palestinian Authority-- (A) does not participate in acts of terrorism, takes active measures to combat terrorism, and cooperates fully in international efforts to combat terrorism; (B) does not engage in activities that undermine United States national security or foreign policy interests; (C) 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 (D) accepts Israel's right to exist in peace within secure borders. (2) Withdrawal.--The President shall withdraw the designation of the Palestinian Authority under paragraph (1) at any time that the President determines that the Palestinian Authority no longer meets the requirements of paragraph (1). (f) Notification of Congress.--In any case in which the President withdraws the designation of a country as a beneficiary country under subsection (a) or (c), or withdraws the designation of the Palestinian Authority under subsection (d)(2), the President shall notify the Congress of such withdrawal and the reasons therefor. SEC. 3. RULE OF ORIGIN GENERAL RULE. (a) General Rule.-- (1) Duty-free treatment.--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-- (A) that article is imported directly from a beneficiary country into the customs territory of the United States; and (B) the sum of-- (i) the cost or value of the materials produced in 1 or more beneficiary countries, plus (ii) 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. (2) U.S. content.--For purposes of determining the percentage referred to in paragraph (1)(B), 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 United States cost or value may be applied toward determining the percentage referred to in paragraph (1)(B). (b) Definition.--In this section, the term ``entered'' means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.

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). Prohibits a country from being designated, and if designated, requires it to be withdrawn if it is: (1) listed by the U.S. Department of State as a state sponsor of terrorism; or (2) engaged in activities that undermine U.S. national security or foreign policy interests. Requires the President, after one year and annually thereafter, to review and determine if a basis exists for withdrawal of such duty-free treatment, taking into consideration: (1) whether or not each beneficiary country 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) the country's record on activities that undermine U.S. national security or foreign policy interests, and support of a peaceful resolution of the Israeli-Palestinian conflict; (3) whether it 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) the country's participation in the primary, secondary, or tertiary economic boycott of Israel; and (5) whether it 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 the requirements of this Act. Authorizes the President to designate the Palestinian Authority or its successor political entity as a beneficiary political entity, which, if so designated, shall be eligible for the duty-free treatment under this Act as if it were a beneficiary country, if the Authority: (1) does not participate in acts of terrorism, takes active measures to combat terrorism, and cooperates fully in international efforts to combat terrorism; (2) does not engage in activities that undermine U.S. national security or foreign policy interests; (3) 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 (4) accepts Israel's right to exist in peace within secure borders. Requires the President to terminate the designation of the Authority if it is determined that the Authority no longer meets such requirements. Requires the President to notify Congress concerning the withdrawal of a country's or the Authority's designation. 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. 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, 2015.''.

Amends the District of Columbia Code to add 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 for a first undergraduate, masters, vocational, or technical degree or certification to a member of the District of Columbia National Guard who: has satisfactorily completed initial active duty service, agrees to serve for at least six years, and is not receiving a Reserve Officer Training Corps scholarship.

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 ``First State National Historical Park Act''. SEC. 2. DEFINITIONS. In this Act: (1) Historical park.--The term ``historical park'' means the First State National Historical Park established by section 3(a)(1). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Delaware. SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK. (a) Establishment.-- (1) In general.--Subject to paragraph (3), there is established in the State the First State National Historical Park, to be administered as a unit of the National Park System. (2) Purposes.--The purposes of the historical park are to preserve, protect, and interpret the nationally significant cultural and historic resources in the State that are associated with-- (A) early Dutch, Swedish, and English settlement of the Colony of Delaware; and (B) the role of Delaware as the first State to ratify the Constitution. (3) Determination by secretary.-- (A) In general.--The historical park shall not be established until the date on which the Secretary determines that sufficient land or interests in land have been acquired from among the sites described in subsection (b) to constitute a manageable park unit. (B) Notice.--Not later than 30 days after making a determination under subparagraph (A), the Secretary shall publish a notice in the Federal Register of the establishment of the historical park, including an official boundary map for the historical park. (C) Availability of map.--The map published under subparagraph (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (b) Historic Sites.--The Secretary may include the following sites in the State within the boundary of the historical park: (1) The Old Sherriff's House in New Castle County, Delaware. (2) Fort Christina National Historic Landmark in New Castle County, Delaware. (3) Old Swedes Church National Historic Landmark in New Castle County, Delaware. (4) Old New Castle Courthouse in New Castle, Delaware. (5) John Dickinson Plantation National Historic Landmark in Kent County, Delaware. (6) Dover Green in Kent County, Delaware. (7) Ryves Holt House in Sussex County, Delaware. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the historical park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Land Acquisition.-- (1) In general.--The Secretary may acquire all or a portion of any of the sites described in section 3(b), including easements or other interests in land, by purchase from a willing seller, donation, or exchange. (2) Boundary adjustment.--On acquisition of land or an interest in land under paragraph (1), the boundary of the historical park shall be adjusted to reflect the acquisition. (c) Interpretive Tours.--The Secretary may provide interpretive tours to sites and resources in the State that are located outside the boundary of the historical park and associated with the purposes for which the historical park is established, including-- (1) Fort Casimir; (2) DeVries Monument; (3) Amstel House; (4) Dutch House; and (5) Zwaanendael Museum. (d) Cooperative Agreements.-- (1) In general.--The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, nonprofit organizations, and individuals to mark, interpret, and restore nationally significant historic or cultural resources within the boundaries of the historical park, if the cooperative agreement provides for reasonable public access to the resources. (2) Cost-sharing requirement.-- (A) Federal share.--The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under paragraph (1) shall be not more than 50 percent. (B) Form of non-federal share.--The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued. (e) Management Plan.-- (1) In general.--Not later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary shall complete a management plan for the historical park. (2) Applicable law.--The management plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-7(b)) and other applicable laws. SEC. 5. NATIONAL LANDMARK STUDY. (a) In General.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall complete a study assessing the historical significance of additional properties in the State that are associated with the purposes of historical park. (b) Requirements.--The study prepared under subsection (a) shall include an assessment of the potential for designating the additional properties as National Historic Landmarks. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

First State National Historical Park Act - Establishes the First State National Historical Park in Delaware, to be administered as a unit of the National Park System. Specifies that the purpose of the Park is the preservation, protection, and interpretation of the nationally significant cultural and historic resources associated with early Dutch, Swedish, and English settlement of the colony of Delaware and Delaware's role as the first state to ratify the Constitution. Requires the completion of a management plan for the Park. Requires completion of a study assessing the historical significance of additional properties in Delaware associated with the Park.

To establish the First State National Historical Park in the State of Delaware, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Jobs for Veterans Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Customs and Border Protection Officers at United States ports of entry carry out critical law enforcement duties associated with screening foreign visitors, returning United States citizens, and imported cargo entering the United States. (2) It is in the national interest for United States ports of entry to be adequately staffed with Customs and Border Protection Officers in a timely fashion, including meeting the congressionally funded staffing target of 23,775 officers for fiscal year 2015. (3) An estimated 250,000 to 300,000 members of the Armed Forces separate from military service every year. (4) Recruiting efforts and expedited hiring procedures must be enhanced to ensure that qualified individuals separating from military service are aware of, and partake in, opportunities to fill vacant Customs and Border Protection Officer positions. SEC. 3. EXPEDITED HIRING OF APPROPRIATE SEPARATING SERVICE MEMBERS. (a) Identification of Transferable Qualifications.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, in conjunction with the Secretary of Defense, shall identify Military Occupational Specialty Codes and Officer Branches, Air Force Specialty Codes, Naval Enlisted Classifications and Officer Designators, and Coast Guard Competencies that are transferable to the requirements, qualifications, and duties assigned to Customs and Border Protection Officers. (b) Hiring.--The Secretary of Homeland Security shall consider hiring qualified candidates with the Military Occupational Specialty Codes, Air Force Specialty Codes, Naval Enlisted Classifications and Officer Designators, and Coast Guard Competencies identified as transferable under subsection (a) who are eligible for veterans recruitment appointment authorized under section 4214 of title 38, United States Code. SEC. 4. ENHANCEMENTS TO EXISTING PROGRAMS TO RECRUIT SERVICE MEMBERS SEPARATING FROM MILITARY SERVICE FOR CUSTOMS AND BORDER PROTECTION OFFICER VACANCIES. (a) In General.--The Secretary of Homeland Security, in conjunction with the Secretary of Defense, and acting through existing programs, authorities, and agreements, where applicable, shall enhance the efforts of the Department of Homeland Security to recruit members of the Armed Forces who are separating from military service to serve as Customs and Border Protection Officers. (b) Elements.--The enhanced recruiting efforts under subsection (a) shall-- (1) include Customs and Border Protection Officer opportunities in relevant job assistance efforts under the Transition Assistance Program; (2) place U.S. Customs and Border Protection officials or other relevant Department of Homeland Security officials at recruiting events and jobs fairs involving members of the Armed Forces who are separating from military service; (3) provide opportunities for local U.S. Customs and Border Protection field offices to partner with military bases in the region; (4) include outreach efforts to educate members of the Armed Forces with Military Occupational Specialty Codes and Officer Branches, Air Force Specialty Codes, Naval Enlisted Classifications and Officer Designators, and Coast Guard Competencies that are transferable to the requirements, qualifications, and duties assigned to Customs and Border Protection Officers of available hiring opportunities to become Customs and Border Protection Officers; (5) require the Secretary of Homeland Security and the Secretary of Defense to work cooperatively to identify shared activities and opportunities for reciprocity related to steps in hiring U.S. Customs and Border Patrol officers with the goal of minimizing the time required to hire qualified applicants; (6) require the Secretary of Defense and the Secretary of Homeland Security to work cooperatively to ensure the streamlined interagency transfer of relevant background investigations and security clearances; and (7) include such other elements as may be necessary to ensure that members of the Armed Forces who are separating from military service are aware of opportunities to fill vacant Customs and Border Protection Officer positions. SEC. 5. REPORT TO CONGRESS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and not later than December 31 of each of the 3 successive years, the Secretary of Homeland Security and the Secretary of Defense shall jointly submit a report to the appropriate congressional committees that includes a description and assessment of the efforts of the Department of Homeland Security to hire separating service members as Customs and Border Protection Officers. (b) Content.--The report required under subsection (a) shall include-- (1) a detailed description of the proposed efforts under section 4, including-- (A) elements of the enhanced recruiting efforts; (B) goals associated with those elements; and (C) a description of how the elements and goals will assist in meeting statutorily mandated staffing levels and agency hiring benchmarks; (2) a detailed description of the efforts that have been undertaken under section 4; (3) the number of separating service members made aware of Customs and Border Protection Officer vacancies; (4) the Military Occupational Specialty Codes and Officer Branches, Air Force Specialty Codes, Naval Enlisted Classifications and Officer Designators, and Coast Guard Competencies identified as transferable under section 3(a) and a rationale for such identifications; (5) the number of Customs and Border Protection Officer vacancies filled with separating service members; and (6) the number of Customs and Border Protection Officer vacancies filled with separating service members under veterans recruitment appointment authorized under section 4214 of title 38, United States Code. SEC. 6. RULES OF CONSTRUCTION. Nothing in this Act may be construed-- (a) to supersede, alter, or amend existing Federal veterans' hiring preferences or Federal hiring authorities; or (b) to authorize the appropriation of additional amounts to carry out this Act. Passed the Senate September 9, 2015. Attest: JULIE E. ADAMS, Secretary.

Born-Alive Abortion Survivors Protection Act (Sec. 3) This bill amends the federal criminal code to require any health care practitioner who is present when a child is born alive following an abortion or attempted abortion to: (1) exercise the same degree of care as reasonably provided to any other child born alive at the same gestational age, and (2) ensure that such child is immediately admitted to a hospital. The term "born alive" means the complete expulsion or extraction from his or her mother, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut. Also, a health care practitioner or other employee who has knowledge of a failure to comply with these requirements must immediately report such failure to an appropriate law enforcement agency. An individual who violates the provisions of this Act is subject to a criminal fine, up to five years in prison, or both. An individual who commits an overt act that kills a child born alive is subject to criminal prosecution for murder. The legislation bars the criminal prosecution of a mother of a child born alive for conspiracy to violate the provisions of this Act, for being an accessory after the fact, or for concealment of felony. A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this Act.

Born-Alive Abortion Survivors Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Democracy Act of 2010''. SEC. 2. FEDERALLY SANCTIONED PROCESS FOR PUERTO RICO'S SELF- DETERMINATION. (a) First Plebiscite.--The Government of Puerto Rico is authorized to conduct a plebiscite in Puerto Rico. The 2 options set forth on the ballot shall be preceded by the following statement: ``Instructions: Mark one of the following 2 options: ``(1) Puerto Rico should continue to have its present form of political status. If you agree, mark here __. ``(2) Puerto Rico should have a different political status. If you agree, mark here __.''. (b) Procedure if Majority in First Plebiscite Favors Option 1.--If a majority of the ballots in the plebiscite are cast in favor of Option 1, the Government of Puerto Rico is authorized to conduct additional plebiscites under subsection (a) at intervals of every 8 years from the date that the results of the prior plebiscite are certified under section 3(d). (c) Procedure if Majority in First Plebiscite Favors Option 2.--If a majority of the ballots in a plebiscite conducted pursuant to subsection (a) or (b) are cast in favor of Option 2, the Government of Puerto Rico is authorized to conduct a plebiscite on the following 4 options: (1) Independence: Puerto Rico should become fully independent from the United States. If you agree, mark here __. (2) Sovereignty in Association with the United States: Puerto Rico and the United States should form a political association between sovereign nations that will not be subject to the Territorial Clause of the United States Constitution. If you agree, mark here __. (3) Statehood: Puerto Rico should be admitted as a State of the Union. If you agree, mark here __. (4) Commonwealth: Puerto Rico should continue to have its present form of political status. If you agree, mark here ___. SEC. 3. APPLICABLE LAWS AND OTHER REQUIREMENTS. (a) Applicable Laws.--All Federal laws applicable to the election of the Resident Commissioner shall, as appropriate and consistent with this Act, also apply to any plebiscites held pursuant to this Act. Any reference in such Federal laws to elections shall be considered, as appropriate, to be a reference to the plebiscites, unless it would frustrate the purposes of this Act. (b) Rules and Regulations.--The Puerto Rico State Elections Commission shall issue all rules and regulations necessary to carry out the plebiscites under this Act. (c) Eligibility To Vote.--Each of the following shall be eligible to vote in any plebiscite held under this Act: (1) All eligible voters under the electoral laws in effect in Puerto Rico at the time the plebiscite is held. (2) All United States citizens born in Puerto Rico who comply, to the satisfaction of the Puerto Rico State Elections Commission, with all Commission requirements (other than the residency requirement) applicable to eligibility to vote in a general election in Puerto Rico. Persons eligible to vote under this subsection shall, upon timely request submitted to the Commission in compliance with any terms imposed by the Electoral Law of Puerto Rico, be entitled to receive an absentee ballot for the plebiscite. (d) Certification of Plebiscite Results.--The Puerto Rico State Elections Commission shall certify the results of any plebiscite held under this Act to the President of the United States and to the Members of the Senate and House of Representatives of the United States. (e) English Language Requirements.--The Puerto Rico State Elections Commission shall-- (1) ensure that all ballots used for any plebiscite held under this Act include the full content of the ballot printed in English; (2) inform persons voting in any plebiscite held under this Act that, if Puerto Rico retains its current political status or is admitted as a State of the United States, the official language requirements of the Federal Government shall apply to Puerto Rico in the same manner and to the same extent as throughout the United States; and (3) inform persons voting in any plebiscite held under this Act that, if Puerto Rico retains its current political status or is admitted as a State of the United States, it is the Sense of Congress that it is in the best interest of the United States for the teaching of English to be promoted in Puerto Rico as the language of opportunity and empowerment in the United States in order to enable students in public schools to achieve English language proficiency. (f) Plebiscite Costs.--All costs associated with any plebiscite held under this Act (including the printing, distribution, transportation, collection, and counting of all ballots) shall be paid for by the Commonwealth of Puerto Rico. Passed the House of Representatives April 29, 2010. Attest: LORRAINE C. MILLER, Clerk.

Puerto Rico Democracy Act of 2010 - Authorizes the government of Puerto Rico: (1) to conduct a plebiscite giving voters the option to vote to continue Puerto Rico's present political status or to have a different political status; (2) if a majority of ballots favor continuing the present status, to conduct additional such plebiscites every eight years; and (3) if a majority of ballots favor having a different status, to conduct a plebiscite on the options of becoming fully independent from the United States, forming with the United States a political association between sovereign nations that will not be subject to the Territorial Clause of the Constitution, being admitted as a state of the Union, or continuing its present political status. Prescribes the eligibility requirements for voting in a plebiscite. Requires the Puerto Rico State Elections Commission to: (1) certify plebiscite results to the President and Congress; and (2) ensure that all ballots used for a plebiscite include the full content of the ballot printed in English. Directs the Commission to inform persons voting in a plebiscite that if Puerto Rico retains its current political status or is admitted as a state: (1) the official language requirements of the federal government shall apply to Puerto Rico; and (2) it is the best interest of the United States for the teaching of English to be promoted in Puerto Rico as the language of opportunity and empowerment in order to enable students in public schools to achieve English language proficiency. Requires the Commonwealth of Puerto Rico to pay all costs associated with such plebiscite (including the costs of printing, distribution, transportation, collection, and counting of all ballots).

To provide for a federally sanctioned self-determination process for the people of Puerto Rico.

SECTION 1. PEDIATRIC LABELING OF DRUGS AND BIOLOGICAL PRODUCTS. (a) In General.--Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505A the following: ``SEC. 505B. PEDIATRIC LABELING OF DRUGS AND BIOLOGICAL PRODUCTS. ``(a) New Drugs and Biological Products.-- ``(1) In general.--A person that submits an application (or supplement to an application)-- ``(A) under section 505 for a new active ingredient, new indication, new dosage form, new dosing regimen, or new route of administration; or ``(B) under section 351 of the Public Health Service Act (42 U.S.C. 262) for a biological product license; shall submit with the application the assessments described in paragraph (2). ``(2) Assessments.-- ``(A) In general.--The assessments referred to in paragraph (1) shall contain data, gathered using appropriate formulations, that are adequate-- ``(i) to assess the safety and effectiveness of the drug, or the biological product licensed under section 351 of the Public Health Service Act (42 U.S.C. 262), for the claimed indications in all relevant pediatric subpopulations; and ``(ii) to support dosing and administration for each pediatric subpopulation for which the drug, or the biological product licensed under section 351 of the Public Health Service Act (42 U.S.C. 262), is safe and effective. ``(B) Similar course of disease or similar effect of drug or biological product.--If the course of the disease and the effects of the drug are sufficiently similar in adults and pediatric patients, the Secretary may conclude that pediatric effectiveness can be extrapolated from adequate and well-controlled studies in adults, usually supplemented with other information obtained in pediatric patients, such as pharmacokinetic studies. ``(3) Deferral.--On the initiative of the Secretary or at the request of the applicant, the Secretary may defer submission of some or all assessments required under paragraph (1) until a specified date after approval of the drug or issuance of the license for a biological product if-- ``(A) the Secretary finds that-- ``(i) the drug or biological product is ready for approval for use in adults before pediatric studies are complete; or ``(ii) pediatric studies should be delayed until additional safety or effectiveness data have been collected; and ``(B) the applicant submits to the Secretary-- ``(i) a certified description of the planned or ongoing studies; and ``(ii) evidence that the studies are being conducted or will be conducted with due diligence. ``(4) Waivers.-- ``(A) Full waiver.--At the request of an applicant, the Secretary shall grant a full waiver, as appropriate, of the requirement to submit assessments under this subsection if-- ``(i) necessary studies are impossible or highly impractical; ``(ii) there is evidence strongly suggesting that the drug or biological product would be ineffective or unsafe in all pediatric age groups; or ``(iii) the drug or biological product-- ``(I) does not represent a meaningful therapeutic benefit over existing therapies for pediatric patients; and ``(II) is not likely to be used in a substantial number of pediatric patients. ``(B) Partial waiver.--At the request of an applicant, the Secretary shall grant a partial waiver, as appropriate, of the requirement to submit assessments under this subsection with respect to a specific pediatric age group if-- ``(i) necessary studies are impossible or highly impractical; ``(ii) there is evidence strongly suggesting that the drug or biological product would be ineffective or unsafe in that age group; ``(iii) the drug or biological product-- ``(I) does not represent a meaningful therapeutic benefit over existing therapies for pediatric patients in that age group; and ``(II) is not likely to be used in a substantial number of pediatric patients in that age group; or ``(iv) the applicant demonstrates that reasonable attempts to produce a pediatric formulation necessary for that age group have failed. ``(C) Labeling requirement.--If the Secretary grants a full or partial waiver because there is evidence that a drug or biological product would be ineffective or unsafe in pediatric populations, the information shall be included in the labeling for the drug or biological product. ``(b) Marketed Drugs and Biological Products.-- ``(1) In general.--After providing notice and an opportunity for written response and a meeting, which may include an advisory committee meeting, the Secretary may by order require the holder of an approved application relating to a drug under section 505 or the holder of a license for a biological product under section 351 of the Public Health Service Act (42 U.S.C. 262) to submit by a specified date the assessments described in subsection (a) if the Secretary finds that-- ``(A)(i) the drug or biological product is used for a substantial number of pediatric patients for the labeled indications; and ``(ii) the absence of adequate labeling could pose significant risks to pediatric patients; or ``(B)(i) there is reason to believe that the drug or biological product would represent a meaningful therapeutic benefit over existing therapies for pediatric patients for 1 or more of the claimed indications; and ``(ii) the absence of adequate labeling could pose significant risks to pediatric patients. ``(2) Waivers.-- ``(A) Full waiver.--At the request of an applicant, the Secretary shall grant a full waiver, as appropriate, of the requirement to submit assessments under this subsection if-- ``(i) necessary studies are impossible or highly impractical; or ``(ii) there is evidence strongly suggesting that the drug or biological product would be ineffective or unsafe in all pediatric age groups. ``(B) Partial waiver.--At the request of an applicant, the Secretary shall grant a partial waiver, as appropriate, of the requirement to submit assessments under this subsection with respect to a specific pediatric age group if-- ``(i) necessary studies are impossible or highly impractical; ``(ii) there is evidence strongly suggesting that the drug or biological product would be ineffective or unsafe in that age group; ``(iii)(I) the drug or biological product does not represent a meaningful therapeutic benefit over existing therapies for pediatric patients in that age group; ``(II) the drug or biological product is not likely to be used in a substantial number of pediatric patients in that age group; and ``(III) the absence of adequate labeling could not pose significant risks to pediatric patients; or ``(iv) the applicant demonstrates that reasonable attempts to produce a pediatric formulation necessary for that age group have failed. ``(C) Labeling requirement.--If the Secretary grants a full or partial waiver because there is evidence that a drug or biological product would be ineffective or unsafe in pediatric populations, the information shall be included in the labeling for the drug or biological product. ``(3) Relationship to other pediatric provisions.-- ``(A) No assessment without written request.--No assessment may be required under paragraph (1) for a drug subject to an approved application under section 505 unless-- ``(i) the Secretary has issued a written request for related pediatric studies under section 505A(d) or section 409I of the Public Health Service Act; and ``(ii)(I) if the request was made under section 505A(d)-- ``(aa) the recipient of the written request does not agree to the request; or ``(bb) the Secretary does not receive a response as specified under section 505A(d)(4)(A); or ``(II) if the request was made under section 409I of the Public Health Service Act-- ``(aa) the recipient of the written request does not agree to the request; or ``(bb) the Secretary does not receive a response as specified under section 409I(c)(2) of that Act. ``(B) No effect on other authority.--Nothing in this subsection shall be construed to alter any requirement under section 505A(d)(4) or section 409I of the Public Health Service Act. Subject to paragraph (2)(A), nothing in this subsection, section 505A(d)(4), or section 409I or 499 of the Public Health Service Act shall be construed to preclude the Secretary from exercising the authority of the Secretary under this subsection. ``(c) Delay in Submission of Assessments.--If a person delays the submission of assessments relating to a drug or biological product beyond a date specified in subsection (a) or (b)-- ``(1) the drug or biological product-- ``(A) may be considered by the Secretary to be misbranded and subject to action under sections 302 and 304; and ``(B) shall not be subject to action under section 303; and ``(2) the delay shall not be the basis for a proceeding to withdraw approval for a drug under section 505(e) or revoke the license for a biological product under section 351 of the Public Health Service Act (42 U.S.C. 262). ``(d) Meetings.--The Secretary shall meet at appropriate times in the investigational new drug process with the sponsor to discuss background information that the sponsor shall submit on plans and timelines for pediatric studies, or any planned request for waiver or deferral of pediatric studies.''. (b) Conforming Amendments.-- (1) Section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) is amended in the second sentence-- (A) by striking ``and (F)'' and inserting ``(F)''; and (B) by striking the period at the end and inserting ``, and (G) any assessments required under section 505B.''. (2) Section 505A(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a(h)) is amended-- (A) in the subsection heading, by striking ``Regulations'' and inserting ``Pediatric Study Requirements''; and (B) by striking ``pursuant to regulations promulgated by the Secretary'' and inserting ``by a provision of law (including a regulation) other than this section''. (3) Section 351(a)(2) of the Public Health Service Act (42 U.S.C. 262(a)(2)) is amended-- (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by inserting after subparagraph (A) the following: ``(B) Pediatric studies.--A person that submits an application for a license under this paragraph shall submit to the Secretary as part of the application any assessments required under section 505B of the Federal Food, Drug, and Cosmetic Act.''. (c) Final Rule.--Except to the extent that the final rule is inconsistent with the amendment made by subsection (a), the final rule promulgating regulations requiring manufacturers to assess the safety and effectiveness of new drugs and biological products in pediatric patients (63 Fed. Reg. 66632 (December 2, 1998)), shall be considered to implement the amendment made by subsection (a). (d) No Effect on Authority.--Section 505B of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) does not affect whatever existing authority the Secretary of Health and Human Services has to require pediatric assessments regarding the safety and efficacy of drugs and biological products in addition to the assessments required under that section. The authority, if any, of the Secretary of Health and Human Services regarding specific populations other than the pediatric population shall be exercised in accordance with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) as in effect on the day before the date of enactment of this Act. SEC. 2. TECHNICAL CORRECTION. Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended in subparagraphs (A) and (B) of subsection (b)(2) and subparagraphs (A) and (B) of subsection (c)(2) by striking ``505(j)(4)(B)'' and inserting ``505(j)(5)(B)''.

Amends the Federal Food, Drug, and Cosmetic Act to require license applications for new drugs and biological products to assess such drug's or product's safety and effectiveness for relevant pediatric subpopulations, including dosage.Permits extrapolation from adult studies where the course of the disease and the effects of the drug are sufficiently similar in all populations.Permits deferral of such assessments if adult studies are completed earlier and the applicant submits a plan for or a description of planned or ongoing pediatric studies.Permits full waiver of such assessments if: (1) studies are highly impractical or impossible; (2) the evidence strongly suggests that the drug or product would be ineffective or unsafe in all pediatric age groups; (3) there is no meaningful therapeutic advantage or benefit in the pediatric population; or (4) the drug or product is not likely to be used in a substantial number of pediatric patients.Permits partial waivers at the request of an applicant for a specific pediatric subpopulation if any of the full waiver grounds apply to that subpopulation or reasonable attempts for a pediatric formulation for that subpopulation have failed.Requires labels to provide indication in cases in which a waiver has been granted due to evidence a product would be unsafe or ineffective in pediatric populations.Authorizes the Secretary of Health and Human Services to specify a date for submission of pediatric assessments if: (1) the drug or biological product would represent a meaningful therapeutic benefit for pediatric patients for one or more claimed indications and the absence of adequate labeling could pose significant risks to pediatric patients; or (2) it is used for a number of pediatric patients for the labeled indications and the absence of adequate labeling could pose significant risks to pediatric patients. Sets forth criteria for full waiver and partial waivers of such requirement. Requires labels to provide indication in cases in which a waiver has been granted due to evidence a product would be unsafe or ineffective in pediatric populations.Requires the Secretary to issue a written request for related pediatric studies under the Public Health Service Act before requiring an assessment for a drug.States that drugs or products with delayed assessments may be deemed misbranded and subject to seizure and injunctive proceedings, though not penalties.

To amend the Federal Food, Drug, and Cosmetic Act to require labeling containing information applicable to pediatric patients.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft and Assumption Deterrence Act of 1998''. SEC. 2. CONSTITUTIONAL AUTHORITY TO ENACT THIS LEGISLATION. The constitutional authority upon which this Act rests is the power of Congress to regulate commerce with foreign nations and among the several States, set forth in article I, section 8 of the United States Constitution. SEC. 3. IDENTITY FRAUD. (a) Establishment of Offense.-- (1) In general.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1036. Identity fraud ``(a) Definitions.--In this section-- ``(1) the term `communication facility' has the meaning given that term in section 403(b) of the Controlled Substances Act (21 U.S.C. 843(b)); ``(2) the term `means of identification' means any name or number that may be used, alone or in conjunction with any other information, to assume the identity of an individual, including any-- ``(A) personal identification card (as that term is defined in section 1028); or ``(B) access device, counterfeit access device, or unauthorized access device (as those terms are defined in section 1029); ``(3) the term `personal identifier' means-- ``(A) a name, social security number, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, or any access device (as that term is defined in section 1029); ``(B) any unique biometric data, such as a fingerprint, voice print, retina or iris image, or other unique physical representation; ``(C) any unique electronic identification number, address, or routing code; or ``(D) any other means of identification not lawfully issued to the user; ``(4) the term `identification device' means any physical, mechanical, or electronic representation of a personal identifier or any personal information or data; and ``(5) the term `personal information or data' means any information that, when used in conjunction with a personal identifier or identification device, would facilitate a misrepresentation or assumption of the identity of another. ``(b) Prohibition.--Whoever in interstate or foreign commerce, or through the use of a communication facility, knowingly, with intent to defraud, and in order to receive payment or any other thing of value the aggregate value of which is equal to or greater than $1,000-- ``(1) receives, acquires, obtains, purchases, sells, transfers, traffics in, or steals, or attempts to receive, acquire, obtain, purchase, sell, transfer, traffic in, or steal, or otherwise causes or solicits another to do the same, any personal identifier, identification device, personal information or data, or other document or means of identification of any entity or person; ``(2) possesses or uses, or attempts to possess or use, or otherwise causes or solicits another to do the same, any personal identifier, identification device, personal information or data, or other document or means of identification of any entity or person; or ``(3) assumes, adopts, takes, acquires, or uses, or attempts to assume, adopt, take, acquire, or use, or otherwise causes or solicits another to do the same, the identity of any entity or person; shall be fined under this title, imprisoned not more than 15 years, or both. ``(c) Conspiracy.--Whoever is a party to a conspiracy of 2 or more persons to commit an offense described in subsection (b), if any of the parties engages in any conduct in furtherance of the offense, shall be fined in an amount not to exceed the amount of the fine to which that person would be subject for that offense under subsection (b), imprisoned not more than 7.5 years, or both.''. (2) Investigative authority.--In addition to any other agency having such authority, the United States Secret Service may investigate any offense under section 1036 of title 18, United States Code (as added by this subsection), except that the exercise of investigative authority under this paragraph shall be subject to the terms of an agreement, which shall be entered into by the Secretary of the Treasury and the Attorney General. (3) Sentencing enhancement.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to provide for sentencing enhancements under chapter 2 of the Federal sentencing guidelines for a defendant who is convicted of an offense under section 1036 of title 18, United States Code, in connection with an offense under section 513, 514, 1028, 1029, 1341, 1342, 1343, 1344, or 1708 of title 18, United States Code, as follows: (A) A sentencing enhancement of-- (i) 1 level, if the offense involves not more than 1 victim; (ii) 2 levels, if the offense involves not less than 2 and not more than 4 victims; or (iii) 3 levels, if the offense involves 5 or more victims. (B) An appropriate sentencing enhancement, if the offense involves stealing or destroying a quantity of undelivered United States mail, in violation of section 1702, 1703, 1708, 1709, 2114, or 2115 of title 18, United States Code. (C) An appropriate sentencing enhancement based on the potential loss (as opposed to the actual loss) that could have resulted from an identity theft offense (i.e. the line of credit of the access device, etc.). (4) Clerical amendment.--The analysis for chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1036. Identity fraud.''. (b) Forfeiture of Contraband.--Section 80302(a) of title 49, United States Code, is amended-- (1) in paragraph (5), by striking ``or'' at the end; (2) in paragraph (6), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(7) an identification document, false identification document, or a document-making implement (as those terms are defined in sections 1028 and 1029 of title 18) involved in a violation of section 1028 or 1029 of title 18; ``(8) a counterfeit access device, device-making equipment, or scanning receiver (as those terms are defined in sections 1028 and 1029 of title 18); or ``(9) a means of identification (as that term is defined in section 1036) involved in a violation of section 1036.''. (c) Restitution.--Section 3663A of title 18, United States Code, is amended-- (1) in subsection (c)(1)(A)-- (A) in clause (ii), by striking ``or'' at the end; (B) in clause (iii), by striking ``and'' at the end and inserting ``or''; and (C) by adding at the end the following: ``(iv) an offense described in section 1036 (relating to identity fraud); and''; and (2) by adding at the end the following: ``(e) Identity Fraud.--Making restitution to a victim under this section for an offense described in section 1036 (relating to identity fraud) may include payment for any costs, including attorney fees, incurred by the victim-- ``(1) in clearing the credit history or credit rating of the victim; or ``(2) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.''. (d) Identity Fraud Information and Study; Inclusion in Suspicious Activity Reports.-- (1) Definitions.--In this subsection-- (A) the term ``financial institution'' has the same meaning as in section 20 of title 18, United States Code; and (B) the term ``identity fraud'' means an offense described in section 1036 of title 18, United States Code (as added by subsection (a) of this section). (2) Identity fraud information.--Beginning not later than 60 days after the date of enactment of this Act, the United States Secret Service of the Department of the Treasury and the Federal Bureau of Investigation of the Department of Justice, in consultation with financial institutions and other interested private entities, shall collect and maintain information and statistical data relating to-- (A) the number of identity fraud offenses investigated; (B) the number of prosecutions and convictions for identity fraud; and (C) any information provided by State and local law enforcement agencies relating to the investigation of identity fraud. (3) Identity fraud study.--Not later than 18 months after the date of enactment of this Act, the Secretary of the Treasury, the Chairman of the Federal Trade Commission, the Attorney General, and the Postmaster General shall-- (A) conduct a comprehensive study of-- (i) the nature, extent, and causes of identity fraud; and (ii) the threat posed by identity fraud to-- (I) financial institutions and payment systems; and (II) consumer safety and privacy; and (B) based on the results of that study, submit to Congress a report including an evaluation of the effectiveness of the provisions of this Act and the amendments made by this Act and, if necessary, specific recommendations for legislation to address the problem of identity fraud. (4) Suspicious activity reports.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Treasury shall promulgate such regulations as may be necessary to include identity fraud as a separate characterization of suspicious activity for purposes of reports by financial institutions of suspicious transactions under section 5318(g) of title 31, United States Code.

Identity Theft and Assumption Deterrence Act of 1998 - Amends the Federal criminal code to prohibit identity fraud. Imposes penalties upon anyone who, in interstate or foreign commerce or through the use of a communication facility, knowingly, with intent to defraud, and in order to receive payment or any thing the aggregate value of which is at least $1,000: (1) receives, acquires, obtains, purchases, sells, transfers, traffics in, steals, possesses, or uses any personal identifier, identification device, personal information or data, or other document or means of identification of any other entity or person; (2) assumes, adopts, takes, acquires, or uses the identity of any other entity or person; or (3) attempts, solicits another person, or conspires with another person to commit such offense. Authorizes the United States Secret Service to investigate offenses under this Act, subject to terms of an agreement to be entered with the Secretary of the Treasury. Directs the United States Sentencing Commission to amend the Federal sentencing guidelines to provide for sentencing enhancements for a defendant who is convicted of an offense under this Act in connection with another specified offense, based on: (1) the number of victims involved; (2) whether the offense involves the stealing or destroying of a quantity of undelivered U.S. mail; and (3) the potential loss that could have resulted from such offense. Includes within the definition of "contraband" (subject to forfeiture) specified equipment pertaining to identity fraud. Provides for mandatory restitution for victims of identity fraud which may include payment for any costs, including attorney's fees, incurred by the victim: (1) in clearing his or her credit history or credit rating; or (2) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the defendant's actions. Directs: (1) the Secret Service and the Federal Bureau of Investigation to collect and maintain certain information and statistical data relating to identity fraud; (2) the Secretary of the Treasury, the Chairman of the Federal Trade Commission, the Attorney General, and the Postmaster General to study and report to the Congress on the nature, extent, and causes of identity fraud and the threat it poses to financial institutions and payment systems and to consumer safety and privacy; and (3) the Secretary of the Treasury to promulgate such regulations as necessary to include identity fraud as a separate characterization of suspicious activity for purposes of reports by financial institutions of suspicious transactions.

Identity Theft and Assumption Deterrence Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Energy Security Act of 2015''. SEC. 2. AUTHORIZATION FOR RESEARCH TO IMPROVE MILITARY VEHICLE TECHNOLOGY TO INCREASE FUEL ECONOMY OR REDUCE FUEL CONSUMPTION OF MILITARY VEHICLES USED IN COMBAT. (a) Research Authorized.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and in collaboration with the Secretary of the Army and the Secretary of the Navy, may carry out research to improve military vehicle technology to increase fuel economy or reduce fuel consumption of military vehicles used in combat. (b) Previous Successes.--The Secretary of Defense shall ensure that research carried out under subsection (a) takes into account the successes of, and lessons learned during, the development of the Fuel Efficient Ground Vehicle Alpha and Bravo programs to identify, assess, develop, demonstrate, and prototype technologies that support increasing fuel economy and decreasing fuel consumption of light tactical vehicles, while balancing survivability. SEC. 3. REQUIREMENT TO ESTABLISH REPOSITORY FOR OPERATIONAL ENERGY- RELATED RESEARCH AND DEVELOPMENT EFFORTS OF DEPARTMENT OF DEFENSE. (a) Repository Required.--Not later than December 31, 2016, the Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and in collaboration with the Assistant Secretary of Defense for Operational Energy Plans and Programs and the Secretaries of the military departments, shall establish a centralized repository for all operational energy-related research and development efforts of the Department of Defense, including with respect to the inception, operational, and complete phases of such efforts. (b) Internet Access.--The Secretary of Defense shall ensure that the repository required by subsection (a) is accessible through an Internet website of the Department of Defense and by all employees of the Department and members of the Armed Forces whom the Secretary determines appropriate, including all program managers involved in such research and development efforts, to enable improved collaboration between military departments on research and development efforts described in subsection (a), enable sharing of best practices and lessons learned relating to such efforts, and reduce redundancy in such efforts. SEC. 4. SECURE ENERGY INNOVATION PROGRAM. (a) In General.--The Secretary of Defense shall conduct a program to develop and support projects designed to foster secure and reliable sources of energy for military installations, including incorporation of advanced energy metering, renewable energy, energy storage, and redundant power systems. (b) Metrics.--The Secretary of Defense shall develop metrics for assessing the costs and benefits associated with secure energy projects proposed or implemented as part of the program conducted under subsection (a). The metrics shall take into account financial and operational costs associated with sustained losses of power resulting from natural disasters or attacks that damage electrical grids serving military installations. SEC. 5. AUTHORITY TO USE ENERGY SAVINGS INVESTMENT FUND FOR ENERGY MANAGEMENT INITIATIVES. Section 2919(b)(2) of title 10, United States Code, is amended by striking ``, to the extent provided for in an appropriations Act,''. SEC. 6. ESTABLISHMENT OF DEPARTMENT OF DEFENSE ALTERNATIVE FUELED VEHICLE INFRASTRUCTURE FUND. (a) Establishment of Fund.--There is established in the Treasury a fund to be known as the ``Department of Defense Alternative Fuel Vehicle Infrastructure Fund''. (b) Deposits.--The Fund shall consist of the following: (1) Amounts appropriated to the Fund. (2) Amounts earned through investment under subsection (c). (3) Any other amounts made available to the Fund by law. (c) Investments.--The Secretary shall invest any part of the Fund that the Secretary decides is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Secretary decides has a maturity suitable for the Fund. (d) Use of Funds.--Amounts in the Fund shall be available to the Secretary, acting through the Under Secretary of Defense for Acquisition, Training, and Logistics, to install, operate, and maintain alternative fuel dispensing stations for use by alternative fueled vehicles of the Department of Defense and other infrastructure necessary to fuel alternative fueled vehicles of the Department. (e) Definitions.--In this section: (1) Alternative fuel.--The term ``alternative fuel'' has the meaning given such term in section 32901 of title 49, United States Code. (2) Alternative fueled vehicle.--The term ``alternative fueled vehicle'' means a vehicle that operates on alternative fuel. (3) Fund.--The term ``Fund'' means the fund established under subsection (a). SEC. 7. STUDY ON POWER STORAGE CAPACITY REQUIREMENT. Not later than September 30, 2016, the Secretary of Defense shall submit to the congressional defense committees a report on the costs and benefits associated with requiring 25 percent of National Guard and Reserve facilities to have at least a 21-day on-site power storage capacity to assist with providing support to civil authorities in case of manmade or natural disasters. SEC. 8. PLAN TO ENHANCE MISSION READINESS THROUGH GREATER ENERGY SECURITY AT CRITICAL MILITARY INSTALLATIONS. (a) Report Required.--Not later than September 30, 2016, the Secretary of Defense shall submit to the congressional defense committees a report with a plan for integrating energy storage, micro- grid technologies, and on-site power generation systems at military installations at risk of interruptions of power due to geographic location, dependence on connections to the electric grid, or other factors determined by the Secretary. (b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex as necessary. SEC. 9. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. In this Act, the term ``congressional defense committees'' has the meaning given the term in section 101(a)(16) of title 10, United States Code.

Department of Defense Energy Security Act of 2015 This bill authorizes the Department of Defense (DOD) to carry out research to improve military vehicle technology to increase combat vehicle fuel economy or reduce fuel consumption. DOD shall: establish an online, centralized repository for all DOD operational energy-related research and development efforts; conduct a program to develop and support projects designed to foster secure and reliable energy sources for military installations, including incorporation of advanced energy metering, renewable energy, energy storage, and redundant power systems; and develop associated cost and benefit metrics. The DOD Alternative Fuel Vehicle Infrastructure Fund is established in the Treasury to support installing and operating alternative fuel dispensing stations for DOD's alternative fueled vehicles and other related infrastructure. DOD shall: report on the costs and benefits associated with requiring 25% of National Guard and Reserve facilities to have at least a 21-day on-site power storage capacity to assist civil authorities in case of man-made or natural disasters; and submit a plan for integrating energy storage, micro-grid technologies, and on-site power generation systems at military installations at risk of power interruptions due to geographic location, dependence on connections to the electric grid, or other factors.

Department of Defense Energy Security Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Partners Neighborhood Preservation Act of 2001''. SEC. 2. COMMUNITY PARTNERS NEXT DOOR PROGRAM. (a) Congressional Findings.--The Congress finds that-- (1) teachers, law enforcement officers, fire fighters, and rescue personnel help form the backbones of communities and are integral components in the social capital of neighborhoods in the United States; and (2) providing a discounted purchase price on HUD-owned properties for teachers, law enforcement officers, fire fighters, and rescue personnel recognizes the intrinsic value of the services provided by such employees to their communities and to family life and encourages and rewards those who are dedicated to providing public service in our most needy communities. (b) Discount and Downpayment Assistance for Teachers.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; and (2) by inserting after paragraph (6) the following new paragraph: ``(7) 50 percent discount for teachers and public safety officers purchasing properties that are eligible assets.-- ``(A) Discount.--A property that is an eligible asset and is sold, during fiscal years 2000 through 2004, to a teacher or public safety officer for use in accordance with subparagraph (B) shall be sold at a price that is equal to 50 percent of the appraised value of the eligible property (as determined in accordance with paragraph (6)(B)). In the case of a property eligible for both a discount under this paragraph and a discount under paragraph (6), the discount under paragraph (6) shall not apply. ``(B) Primary residence.--An eligible property sold pursuant to a discount under this paragraph shall be used, for not less than the 3-year period beginning upon such sale, as the primary residence of a teacher or public safety officer. ``(C) Sale methods.--The Secretary may sell an eligible property pursuant to a discount under this paragraph-- ``(i) to a unit of general local government or nonprofit organization (pursuant to paragraph (4) or otherwise), for resale or transfer to a teacher or public safety officer; or ``(ii) directly to a purchaser who is a teacher or public safety officer. ``(D) Resale.--In the case of any purchase by a unit of general local government or nonprofit organization of an eligible property sold at a discounted price under this paragraph, the sale agreement under paragraph (8) shall-- ``(i) require the purchasing unit of general local government or nonprofit organization to provide the full benefit of the discount to the teacher or public safety officer obtaining the property; and ``(ii) in the case of a purchase involving multiple eligible assets, any of which is such an eligible property, designate the specific eligible property or properties to be subject to the requirements of subparagraph (B). ``(E) Mortgage downpayment assistance.--If a teacher or public safety officer purchases an eligible property pursuant to a discounted sale price under this paragraph and finances such purchase through a mortgage insured under this title, notwithstanding any provision of section 203 the downpayment on such mortgage shall be $100. ``(F) Prevention of undue profit.--The Secretary shall issue regulations to prevent undue profit from the resale of eligible properties in violation of the requirement under subparagraph (B). ``(G) Definitions.--For the purposes of this paragraph, the following definitions shall apply: ``(i) The terms `elementary school' and `secondary school' have the meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), except that, for purposes of this paragraph, elementary education (as used in such section) shall include pre-Kindergarten education. ``(ii) The term `eligible property' means an eligible asset described in paragraph (2)(A) of this subsection. ``(iii) The term `public safety officer' means an individual who is employed on a full- time basis as a public safety officer, as such term is defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). ``(iv) The term `teacher' means an individual who is employed on a full-time basis, in an elementary or secondary school, as a State-certified or State-licensed classroom teacher or as an administrator.''. (c) Conforming Amendments.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) in paragraph (4)(B)(ii), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; (2) in paragraph (5)(B)(i), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; and (3) in paragraph (6)(A), by striking ``paragraph (8)'' and inserting ``paragraph (9)''. (d) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the amendments made by this section. SEC. 3. SENSE OF CONGRESS REGARDING INCLUSION OF OTHER FEDERAL PROPERTIES IN COMMUNITY PARTNERS NEXT DOOR PROGRAM. It is the sense of the Congress that the Secretary of Housing and Urban Development should consult with the heads of other agencies of the Federal Government that own or hold properties appropriate for use as housing to determine the possibility and effectiveness of including such properties in the program pursuant to section 204(h)(7) of the National Housing Act, and other programs that make housing available for law enforcement officers, teachers, or fire fighters.

Community Partners Neighborhood Preservation Act of 2001 - Amends the National Housing Act (NHA) to provide a 50 percent discount for teachers and public safety officers purchasing certain eligible asset properties for use as their primary residences.Expresses the sense of Congress that the Secretary of Housing and Urban Development should consult with other heads of Federal agencies that own or hold properties appropriate for use as housing to determine whether to include such properties in the Community Partners Next Door program under NHA and other programs that make housing available for law enforcement officers, teachers, or fire fighters.

To expand the Officer Next Door and Teacher Next Door initiatives of the Department of Housing and Urban Development to include fire fighters and rescue personnel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Postal Services Act''. SEC. 2. MODIFIED PROCEDURES. (a) In General.--Section 404(d) of title 39, United States Code, is amended by striking the matter before paragraph (5) and inserting the following: ``(d)(1) Before making any determination under subsection (a)(3) to close or consolidate a postal facility, the Postal Service shall conduct an investigation to assess the need for the proposed closure or consolidation and shall provide appropriate notice to the persons served by such postal facility to ensure that such persons will have an opportunity to present their views. Such notice shall be made to each person by mail, as well as by publication in newspapers of general circulation in the area within which such persons reside. ``(2) In deciding whether or not to close or consolidate a postal facility, the Postal Service-- ``(A) shall consider-- ``(i) the effect such closing or consolidation would have on the community served by such postal facility; ``(ii) the effect such closing or consolidation would have on employees of the Postal Service employed at such postal facility; and ``(iii) whether such closing or consolidation would be consistent with the policy of the Government, as stated in section 101(b), that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; and ``(B) may not consider compliance with any provision of the Occupational Safety and Health Act of 1970. ``(3)(A) A decision to proceed with the proposal to close or consolidate, following an investigation under paragraph (1), shall be made in writing and shall include the findings of the Postal Service with respect to each of the considerations specified in paragraph (2)(A). ``(B) Notice of the decision and findings under subparagraph (A) shall be posted prominently in each postal facility that would be affected, and notice of the posting shall be sent by mail to all persons served by such postal facility, at least 90 days before a final determination is made, to ensure that such persons will have an opportunity to submit comments. ``(C) Any posting under subparagraph (B) shall include-- ``(i) a statement as follows: `This is notice of a proposal to _____ this postal facility. A final determination will not be made before the end of the 90-day period beginning on the date on which this notice is first posted.', with the blank space being filled in with `close' or `consolidate' (whichever is appropriate), and with instructions for how any interested person may submit comments; ``(ii) a brief summary of the findings of the Postal Service with respect to the factors for consideration specified in paragraph (2)(A); and ``(iii) the amount of cost savings the Postal Service estimates it will realize from the closing or consolidation, in the first year following the date of such closing or consolidation, together with an explanation of the assumptions and methodologies used in making those estimates. ``(4) A final determination to close or consolidate a postal facility shall be made, in writing, after taking into consideration any comments received in the course of the 90-day period referred to in paragraph (3). The Postal Service shall take no action to close or consolidate a postal facility before the end of the 60-day period beginning on the date as of which the Postal Service-- ``(A) posts a copy of its final determination in a prominent location in each affected postal facility; and ``(B) sends to all persons served by such postal facility-- ``(i) a notice of such determination; and ``(ii) notice of any appeal rights available with respect to such determination.''. (b) Suspension Pending Appeal.--Section 404(d)(5) of title 39, United States Code, is amended in the next to last sentence by striking ``may suspend'' and inserting ``shall suspend''. (c) Exception.--Section 404(d) of title 39, United States Code, is amended by adding at the end the following: ``(7)(A) The preceding provisions of this subsection shall not apply in the case of a closing or consolidation which occurs by reason of an emergency suspension, as defined under regulations of the Postal Service, subject to subparagraph (B). ``(B) For purposes of this paragraph, the term `emergency suspension' shall not, in the case of a leased facility, include the termination or cancellation of the lease by a party other than the Postal Service.''. SEC. 3. ACTUAL COST SAVINGS. (a) In General.--Not later than 2 years after the date of the closing or consolidation of any postal facility occurring after the date of the enactment of this Act, the Inspector General of the United States Postal Service shall determine, and submit to the Postmaster General and each House of Congress its findings with respect to, the amount of the cost savings realized by the United States Postal Service from the closing or consolidation in the first year following such closing or consolidation. (b) Information To Be Included.--A submission under this section shall include-- (1) the amount of the cost savings determined by the Inspector General with respect to the closing or consolidation involved, together with an explanation of the assumptions and methodologies used; (2) a comparison of the cost savings determined by the Inspector General versus the estimates provided by the Postal Service under section 404(d)(3)(C)(iii) of title 39, United States Code (as amended by section 2(a)); and (3) an explanation of the reasons for any differences between the Inspector General's determination and the Postal Service's estimates, together with recommendations for any legislation or administrative action which the Inspector General considers appropriate to provide for more accurate estimates. SEC. 4. DEFINITIONS. Section 404 of title 39, United States Code, is amended by adding at the end the following: ``(f) For purposes of subsection (d)-- ``(1) the term `postal facility' includes an office, branch, station, or other facility which-- ``(A) is operated by the Postal Service; and ``(B) provides services to persons described in paragraph (2); and ``(2) any reference to the persons served by a postal facility shall include any postal patrons receiving mail delivery service from such postal facility, residents within any ZIP code served by such postal facility, postal patrons having post office boxes at such postal facility, and the relevant local government officials (as defined under regulations of the Postal Service).''.

Access to Postal Services Act - Modifies the procedures the U.S. Postal Service must follow in connection with the closing or consolidation of any postal facility, including: (1) requiring an assessment of the need for the closure or consolidation, (2) eliminating a requirement to consider the resulting Postal Service economic savings, (3) requiring posted notice in each affected postal facility and notice by mail to all persons served by such postal facility at least 90 days before the final decision is made, and (4) requiring (under current law, allowing) suspension of the determination pending an appeal to the Postal Regulatory Commission. Exempts emergency suspensions (as defined under Postal Service regulations) or lease termination or cancellation by a party other than the Postal Service. Requires such posted notice to include the cost savings the Postal Service estimates it will realize from the closing or consolidation, in the first year following the date of such closing or consolidation, with an explanation of the estimate assumptions and methodologies. Directs the Inspector General of the Postal Service, within two years after the closing or consolidation of any postal facility after enactment of this Act, to submit to the Postmaster General and Congress its findings with respect to the actual cost savings realized by the Postal Service in the first year following such closing or consolidation. Defines "postal facility," for the provisions amended by this Act, to include an office, branch, station, or other facility operated by the Postal Service providing services to postal patrons served by the facility.

To amend title 39, United States Code, to modify the procedures governing the closure or consolidation of postal facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Capture Act''. SEC. 2. CARBON DIOXIDE SEQUESTRATION CREDIT IMPROVED AND MADE PERMANENT. (a) Credit Made Permanent.--Section 45Q of the Internal Revenue Code of 1986 is amended by striking subsection (e). (b) Increase in Credit for New Facilities.-- (1) In general.--Section 45Q of such Code, as amended by subsection (a), is amended by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Credit Rates for New Qualified Facilities.-- ``(1) In general.--In the case of a taxable year beginning in a calendar year after 2024 with respect to a qualified facility at which carbon capture equipment is originally placed in service after December 31, 2015-- ``(A) subsection (a)(1) shall be applied by substituting `$30' for `$20', and ``(B) subsection (a)(2) shall be applied by substituting `$30' for `$10'. ``(2) Phase-up.--In the case of a qualified facility at which carbon capture equipment is originally placed in service during a calendar year after 2015 and before 2025 and any taxable year beginning in such calendar year-- ``(A) subsection (a)(1) shall be applied by substituting for `$20' the dollar amount with respect to each calendar year determined by ratably increasing such dollar amount annually from $21.85 with respect to calendar year 2015 to $30 with respect to calendar year 2025, and ``(B) subsection (a)(2) shall be applied by substituting for `$10' the dollar amount with respect to each calendar year determined by ratably increasing such dollar amount annually from $10.92 with respect to calendar year 2015 to $30 with respect to calendar year 2025. ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2025 with respect to a qualified facility at which carbon capture equipment is originally placed in service after December 31, 2015, there shall be substituted for each $30 amount contained in paragraph (1) an amount equal to the product of-- ``(A) such dollar amount, multiplied by ``(B) the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting `2024' for `1990'.''. (2) Conforming amendment.--Section 45Q(e)(7) of such Code, as redesignated by paragraph (1), is amended by inserting ``with respect to a qualified facility at which carbon capture equipment is originally placed in service before January 1, 2016'' after ``2009''. (c) Election To Allow Credit to Person That Disposes of, or Uses as a Tertiary Injectant, Carbon Dioxide.--Section 45Q(e)(5) of such Code, as redesignated by subsection (b), is amended-- (1) by striking ``Any credit'' and inserting the following: ``(A) In general.--Any credit'', (2) by inserting ``subparagraph (B) or'' after ``except to the extent provided in'', and (3) by adding at the end the following new subparagraph: ``(B) Election to allow credit to person that disposes of, or uses as tertiary injectant, carbon dioxide.--If the person described in subparagraph (A) makes an election under this subparagraph (as such time and in such manner as the Secretary may prescribe), the credit determined under this section-- ``(i) shall be allowable to the person that disposes of, or uses as a tertiary injectant, the carbon dioxide, and ``(ii) shall not be allowable to the person described in subparagraph (A).''. (d) Reduction in Qualified Facility Threshold.--Section 45Q(d)(3) of such Code, as redesignated by subsection (b), is amended by striking ``500,000'' and inserting ``150,000''. (e) Effective Dates.-- (1) Credit made permanent.--The amendment made by subsection (a) shall apply to calendar years beginning after 2015. (2) Increase in credit for new facilities.--The amendments made by subsection (b) shall apply to facilities at which carbon capture equipment is originally placed in service after December 31, 2015. (3) Election to allow credit to person that disposes of, or uses as a tertiary injectant, carbon dioxide.--The amendments made by subsection (c) shall apply to taxable years beginning after the date of the enactment of this Act. (4) Reduction in qualified facility threshold.--The amendments made by subsection (d) shall apply to taxable years beginning after the date of the enactment of this Act.

Carbon Capture Act This bill amends the Internal Revenue Code, with respect to the tax credit for carbon dioxide sequestration, to: (1) make such credit permanent after 2015; (2) increase such credit after 2024 for a qualified facility originally placed in service after December 31, 2015; (3) allow such credit to a person who disposes of, or uses as a tertiary injectant, the carbon dioxide; and (4) modify the definition of "qualified facility" for purposes of eligibility for such credit to require not less than 150,000 metric tons (currently, 500,000 metric tons) to be captured at such a facility during the taxable year.

Carbon Capture Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education and Workforce Innovation Act''. SEC. 2. COMMUNITY WORKFORCE TRAINING GRANTS. (a) Program Authorized.--From the amounts available under subsection (f) to carry out this section, the Secretary of Education, in consultation with the Secretary of Labor and the advisory panel, shall carry out a pilot program to award grants to eligible entities to carry out programs that provide direct skills and job training for individuals to enter and advance in high-growth, emerging, and in- demand industries, such as skilled labor and trade industries. (b) Application.--To receive a grant under this section, an eligible entity shall submit an application, at such time, in such manner, and containing such information as the Secretary of Education may require. (c) Uses of Funds.--An eligible entity that receives a grant under this section shall use such grant to-- (1) develop and carry out a multi-year program to provide students enrolled in a school or institution described in subparagraphs (A) through (C) of subsection (g)(1) with education and training to prepare such students to enter and advance in high-growth, emerging, or in-demand industries by providing-- (A) customized training that is valuable to such industries; (B) increased productivity and knowledge transfer; (C) a stable and predictable pipeline to a high standard of employment (as determined by the Secretary of Labor in consultation with the advisory panel) upon graduation from the program; (D) a proven model of success, as determined by the Secretary of Labor in consultation with the advisory panel; and (E) an opportunity for career advancement; and (2) cover costs related to developing and carrying out the program, which may include-- (A) covering overhead costs; (B) improving program design; (C) expanding access to the program; or (D) providing tuition subsidies for students enrolled, or desiring to enroll, in an institution described in subparagraph (A) or (B) of subsection (g)(1), if applicable, to participate in such program. (d) Matching Funds.--An eligible entity that is awarded a grant under this section shall provide matching funds from non-Federal sources in an amount equal to not less than the Federal funds provided under the grant. (e) Advisory Panel.--In carrying out the pilot program under this section, the Secretary of Education shall establish an advisory panel that is comprised of Federal education experts and private sector executives. (f) Availability of Funding.--In each fiscal year not less than $50,000,000, shall be available from the amount appropriated for each such fiscal year for the Workforce Innovation Fund of the Department of Labor for the costs of carrying out this section. (g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a private company involved in the manufacturing, production, or technology industries, in partnership with a-- (A) junior or community college; (B) postsecondary vocational institution; or (C) secondary school. (2) Junior or community college.--The term ``junior or community college'' has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (3) Postsecondary vocational institution.--The term ``postsecondary vocational institution'' has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)). (4) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Skilled labor and trade industries.--The term ``skilled labor and trade industries'' shall be defined by the Secretary of Labor. SEC. 3. FINANCING A SKILLED 21ST CENTURY WORKFORCE GOAL. (a) Program Authorized.--The Secretaries of Education and the Treasury, jointly with the advisory panel, shall administer a pay-for- performance pilot program for 5 years to raise funds from qualified investors to cover the cost of a workforce training program that increases trade certifications or apprenticeships for unemployed individuals or dislocated workers, and that meets the requirements of subsection (b). (b) Program Requirements.--The pay-for-performance pilot program carried out under subsection (a) shall require that-- (1) the Secretaries and the advisory panel establish the goals of increasing trade certifications or apprenticeships for unemployed individuals or dislocated workers, and other social and financial goals (such as reducing Federal, State, and local expenditures related to workforce training) for the program; (2) a qualified investor enters into a pay-for-performance agreement with the Secretaries under which the qualified investor-- (A) provides funds to a service provider selected by the Secretaries, the advisory panel, and the qualified investor to meet the goals established under paragraph (1); and (B) agrees to the repayment terms described in paragraph (4); (3) the service provider uses such funds to carry out a workforce training program for unemployed adults or dislocated workers to meet such goals; (4) if the Secretaries and the advisory panel determine that the workforce training program carried out by the service provider meets the goals established under paragraph (1), the Secretaries will repay the qualified investor the amount of funds provided by the qualified investor under paragraph (2) with financial returns; and (5) the Secretaries and the advisory panel assess the feasibility of expanding the pay-for-performance pilot program on a larger scale. (c) Authorization of Appropriations.--There are authorized to be appropriated $75,000,000 for each of fiscal years 2019 through 2023 to carry out this section. (d) Definitions.--In this Act the following definitions apply: (1) Advisory panel.--The term ``advisory panel'' means a panel of business representatives selected by the Secretaries. (2) Dislocated worker; unemployed individual.--The terms ``dislocated worker'' and ``unemployed individual'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (3) Qualified investor.--The term ``qualified investor'' has the meaning given such term in section 230.501(a) of title 17, Code of Federal Regulations (or successor regulations). (4) Secretaries.--The term ``Secretaries'' means the Secretaries of Education and the Treasury. (5) Service provider.--The term ``service provider'' means a nonprofit organization that carries out a workforce training program.

Education and Workforce Innovation Act This bill directs the Department of Education (ED) to carry out a pilot program to award grants to eligible entities for programs that provide direct skills and job training for individuals to enter and advance in high-growth, emerging, and in-demand industries, such as skilled labor and trade industries. The term "eligible entity" means a private company involved in the manufacturing, production, or technology industries, in partnership with a junior or community college, postsecondary vocational institution, or secondary school. An eligible entity shall use grant funds for a multiyear program to provide students with education and training to enter and advance in such industries, by providing: (1) customized training valuable to such industries, (2) increased productivity and knowledge transfer, (3) a stable and predictable pipeline to a high standard of employment upon graduation from the program, (4) a proven model of success, and (5) an opportunity for career advancement. The bill also directs ED and the Department of the Treasury, jointly with an advisory panel of business representatives, to administer a five-year pay-for-performance pilot program to raise funds from investors to cover the cost of a workforce training program that increases trade certifications or apprenticeships for unemployed individuals or dislocated workers and meets other specified requirements.

Education and Workforce Innovation Act

SECTION 1. REPEAL OF OCCUPATIONAL TAXES RELATING TO DISTILLED SPIRITS, WINE, AND BEER. (a) Repeal of Occupational Taxes.-- (1) In general.--The following provisions of part II of subchapter A of chapter 51 of the Internal Revenue Code of 1986 (relating to occupational taxes) are hereby repealed: (A) Subpart A (relating to proprietors of distilled spirits plants, bonded wine cellars, etc.). (B) Subpart B (relating to brewer). (C) Subpart D (relating to wholesale dealers) (other than sections 5114 and 5116). (D) Subpart E (relating to retail dealers) (other than section 5124). (E) Subpart G (relating to general provisions) (other than sections 5142, 5143, 5145, and 5146). (2) Nonbeverage domestic drawback.--Section 5131 of such Code is amended by striking ``, on payment of a special tax per annum,''. (3) Industrial use of distilled spirits.--Section 5276 of such Code is hereby repealed. (b) Conforming Amendments.-- (1)(A) The heading for part II of subchapter A of chapter 51 of such Code and the table of subparts for such part are amended to read as follows: ``PART II--MISCELLANEOUS PROVISIONS ``Subpart A. Manufacturers of stills. ``Subpart B. Nonbeverage domestic drawback claimants. ``Subpart C. Recordkeeping by dealers. ``Subpart D. Other provisions.'' (B) The table of parts for such subchapter A is amended by striking the item relating to part II and inserting the following new item: ``Part II. Miscellaneous provisions.'' (2) Subpart C of part II of such subchapter (relating to manufacturers of stills) is redesignated as subpart A. (3)(A) Subpart F of such part II (relating to nonbeverage domestic drawback claimants) is redesignated as subpart B and sections 5131 through 5134 are redesignated as sections 5111 through 5114, respectively. (B) The table of sections for such subpart B, as so redesignated, is amended-- (i) by redesignating the items relating to sections 5131 through 5134 as relating to sections 5111 through 5114, respectively, and (ii) by striking ``and rate of tax'' in the item relating to section 5111, as so redesignated. (C) Section 5111 of such Code, as redesignated by subparagraph (A), is amended-- (i) by striking ``and rate of tax'' in the section heading, (ii) by striking the subsection heading for subsection (a), and (iii) by striking subsection (b). (4) Part II of subchapter A of chapter 51 of such Code is amended by adding after subpart B, as redesignated by paragraph (3), the following new subpart: ``Subpart C--Recordkeeping by Dealers ``Sec. 5121. Recordkeeping by wholesale dealers. ``Sec. 5122. Recordkeeping by retail dealers. ``Sec. 5123. Preservation and inspection of records, and entry of premises for inspection.'' (5)(A) Section 5114 of such Code (relating to records) is moved to subpart C of such part II and inserted after the table of sections for such subpart. (B) Section 5114 of such Code is amended-- (i) by striking the section heading and inserting the following new heading: ``SEC. 5121. RECORDKEEPING BY WHOLESALE DEALERS.'', and (ii) by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Wholesale Dealers.--For purposes of this part-- ``(1) Wholesale dealer in liquors.--The term `wholesale dealer in liquors' means any dealer (other than a wholesale dealer in beer) who sells, or offers for sale, distilled spirits, wines, or beer, to another dealer. ``(2) Wholesale dealer in beer.--The term `wholesale dealer in beer' means any dealer who sells, or offers for sale, beer, but not distilled spirits or wines, to another dealer. ``(3) Dealer.--The term `dealer' means any person who sells, or offers for sale, any distilled spirits, wines, or beer. ``(4) Presumption in case of sale of 20 wine gallons or more.--The sale, or offer for sale, of distilled spirits, wines, or beer, in quantities of 20 wine gallons or more to the same person at the same time, shall be presumptive evidence that the person making such sale, or offer for sale, is engaged in or carrying on the business of a wholesale dealer in liquors or a wholesale dealer in beer, as the case may be. Such presumption may be overcome by evidence satisfactorily showing that such sale, or offer for sale, was made to a person other than a dealer.'' (C) Paragraph (3) of section 5121(d) of such Code, as so redesignated, is amended by striking ``section 5146'' and inserting ``section 5123''. (6)(A) Section 5124 of such Code (relating to records) is moved to subpart C of part II of subchapter A of chapter 51 of such Code and inserted after section 5121. (B) Section 5124 of such Code is amended-- (i) by striking the section heading and inserting the following new heading: ``SEC. 5122. RECORDKEEPING BY RETAIL DEALERS.'', (ii) by striking ``section 5146'' in subsection (c) and inserting ``section 5123'', and (iii) by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following new subsection: ``(c) Retail Dealers.--For purposes of this section-- ``(1) Retail dealer in liquors.--The term `retail dealer in liquors' means any dealer (other than a retail dealer in beer) who sells, or offers for sale, distilled spirits, wines, or beer, to any person other than a dealer. ``(2) Retail dealer in beer.--The term `retail dealer in beer' means any dealer who sells, or offers for sale, beer, but not distilled spirits or wines, to any person other than a dealer. ``(3) Dealer.--The term `dealer' has the meaning given such term by section 5121(c)(3).'' (7) Section 5146 of such Code is moved to subpart C of part II of subchapter A of chapter 51 of such Code, inserted after section 5122, and redesignated as section 5123. (8) Part II of subchapter A of chapter 51 of such Code is amended by inserting after subpart C the following new subpart: ``Subpart D--Other Provisions ``Sec. 5131. Packaging distilled spirits for industrial uses. ``Sec. 5132. Prohibited purchases by dealers.'' (9) Section 5116 of such Code is moved to subpart D of part II of subchapter A of chapter 51 of such Code, inserted after the table of sections, redesignated as section 5131, and amended by inserting ``(as defined in section 5121(c))'' after ``dealer'' in subsection (a). (10) Subpart D of part II of subchapter A of chapter 51 of such Code is amended by adding at the end thereof the following new section: ``SEC. 5132. PROHIBITED PURCHASES BY DEALERS. ``(a) In General.--Except as provided in regulations prescribed by the Secretary, it shall be unlawful for a dealer to purchase distilled spirits from any person other than a wholesale dealer in liquors who is required to keep the records prescribed by section 5121. ``(b) Penalty and Forfeiture.-- ``For penalty and forfeiture provisions applicable to violations of subsection (a), see sections 5687 and 7302.'' (11) Subsection (b) of section 5002 of such Code is amended-- (A) by striking ``section 5112(a)'' and inserting ``section 5121(c)(3)'', (B) by striking ``section 5112'' and inserting ``section 5121(c)'', (C) by striking ``section 5122'' and inserting ``section 5122(c)''. (12) Subparagraph (A) of section 5010(c)(2) of such Code is amended by striking ``section 5134'' and inserting ``section 5114''. (13) Subsection (d) of section 5052 of such Code is amended to read as follows: ``(d) Brewer.--For purposes of this chapter, the term `brewer' means any person who brews beer or produces beer for sale. Such term shall not include any person who produces only beer exempt from tax under section 5053(e).'' (14) The text of section 5182 of such Code is amended to read as follows: ``For provisions requiring recordkeeping by wholesale liquor dealers, see section 5112, and by retail liquor dealers, see section 5122.'' (15) Subsection (b) of section 5402 of such Code is amended by striking ``section 5092'' and inserting ``section 5052(d)''. (16) Section 5671 of such Code is amended by striking ``or 5091''. (17)(A) Part V of subchapter J of chapter 51 of such Code is hereby repealed. (B) The table of parts for such subchapter J is amended by striking the item relating to part V. (18)(A) Sections 5142, 5143, and 5145 of such Code are moved to subchapter D of chapter 52 of such Code, inserted after section 5731, redesignated as sections 5732, 5733, and 5734, respectively, and amended by striking ``this part'' each place it appears and inserting ``this subchapter''. (B) Section 5732 of such Code, as redesignated by subparagraph (A), is amended by striking ``(except the tax imposed by section 5131)'' each place it appears. (C) Subsection (c) of section 5733 of such Code, as redesignated by subparagraph (A), is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (D) The table of sections for subchapter D of chapter 52 of such Code is amended by adding at the end thereof the following: ``Sec. 5732. Payment of tax. ``Sec. 5733. Provisions relating to liability for occupational taxes. ``Sec. 5734. Application of State laws.'' (E) Section 5731 of such Code is amended by striking subsection (c) and by redesignating subsection (d) as subsection (c). (19) Subsection (c) of section 6071 of such Code is amended by striking ``section 5142'' and inserting ``section 5732''. (20) Paragraph (1) of section 7652(g) of such Code is amended-- (A) by striking ``subpart F'' and inserting ``subpart B'', and (B) by striking ``section 5131(a)'' and inserting ``section 5111(a)''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, but shall not apply to taxes imposed for periods before such date.

Amends the Internal Revenue Code to repeal specified occupational taxes relating to distilled spirits, wine, and beer. Revises recordkeeping requirements for wholesale and retail liquor dealers. Makes it unlawful for any liquor dealer (except one selling beer exclusively) to purchase distilled spirits from any person other than a specified wholesale liquor dealer.

A bill to amend the Internal Revenue Code of 1986 to repeal the occupational taxes relating to distilled spirits, wine, and beer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Charging And Refueling Act'' or as the ``E-Car Act''. SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR ELECTRIC CAR RECHARGING PROPERTY. (a) In General.--Section 30C of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 30C. ELECTRIC VEHICLE CHARGING AND REFUELING PROPERTY CREDIT. ``(a) Credit Allowed.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the cost of any qualified electric vehicle recharging or refueling property placed in service by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) with respect to all qualified electric vehicle recharging property placed in service by the taxpayer during the taxable year at a location shall not exceed-- ``(1) in the case of a property of a character subject to an allowance for depreciation, the greater of-- ``(A) $100,000, or ``(B) $10,000 multiplied by the number of devices placed in service at the location by the taxpayer during the taxable year, and ``(2) $2,000 in any other case. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified electric vehicle recharging or refueling property.--The term `qualified electric vehicle recharging property' means any property (not including a building) if-- ``(A) such property is-- ``(i) of a character subject to the allowance for depreciation, or ``(ii) installed on property which is used as the principal residence (within the meaning of section 121) of the taxpayer, ``(B) the original use of such property begins with the taxpayer, ``(C) such property is for the recharging or refueling of motor vehicles propelled by electricity, including property providing electricity for plug-in electric drive vehicles and property providing hydrogen for fuel cell electric vehicles, and ``(D) such property includes related property providing electricity for such recharging or is otherwise necessary for such recharging or refueling property. ``(2) Device.--The term `device' means an individual item of property, whether a stand-alone item or part of property that includes multiple devices, which functions to recharge one vehicle at a time. ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (after the application of paragraph (1))-- ``(A) shall be treated as a credit allowable under subpart A for such taxable year, and ``(B) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section and sections 25D and 30D) and section 27 for the taxable year. ``(e) Special Rules.--For purposes of this section-- ``(1) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)). ``(2) Property used by tax-exempt entity.--In the case of any qualified electric vehicle recharging property the use of which is described in paragraph (3) or (4) of section 50(b) (including use by an Indian tribal government) and which is not subject to a lease, the person who sold such property to the person or entity using such property shall be treated as the taxpayer that placed such property in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such property (determined without regard to subsection (d)). ``(3) Property used outside united states not qualified.-- No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election not to take credit.--No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property. ``(5) Recapture rules.--Rules similar to the rules of section 179A(e)(4) shall apply. ``(6) Joint ownership of qualified electric vehicle recharging property.-- ``(A) In general.--Any qualified electric vehicle recharging property shall not fail to be treated as such property solely because such property is placed in service with respect to 2 or more dwelling units. ``(B) Limits applied separately.--In the case of any qualified electric vehicle recharging property which is placed in service with respect to 2 or more dwelling units, this section (other than this subparagraph) shall be applied separately with respect to the portion of such property attributable to each such dwelling unit.''. (b) Conforming Amendment.--Clause (ii) of section 30D(c)(2)(B) of such Code is amended by striking ``section 25D'' and inserting ``sections 25D and 30C''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after December 31, 2013. (2) Hydrogen refueling property.--The amendments made by this subsection shall apply to hydrogen property placed in service after December 31, 2014.

Electric Charging and Refueling Actor the E-Car Act Amends the Internal Revenue Code to replace the tax credit for qualified alternative fuel vehicle refueling property expenditures with a tax credit for 50% of the cost of any qualified electric vehicle recharging or refueling property that is: (1) installed on property used as the principal residence of the taxpayer, and (2) for the recharging or refueling of motor vehicles propelled by electricity.

E-Car Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Net Price Calculator Improvement Act''. SEC. 2. MINIMUM STANDARDS FOR NET PRICE CALCULATORS. Section 132(h) of the Higher of Education Act of 1965 (20 U.S.C. 1015a(h)) is amended-- (1) by redesignating subsection (4) as subsection (6); (2) in paragraph (2), by inserting before the period the following ``, and, not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, shall meet the requirements of paragraph (4)(B)''; (3) in paragraph (3), by inserting after the first sentence the following: ``Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, such calculator shall meet the requirements of paragraph (4).'' (4) by inserting after paragraph (3) the following: ``(4) Minimum requirements for net price calculators.--Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, a net price calculator for an institution of higher education shall, at a minimum, meet the following requirements: ``(A) The link for the calculator-- ``(i) is clearly labeled as a `net price calculator' and prominently, clearly, and conspicuously (in such size and contrast (such as shade) that it is readily noticeable and readable) posted in locations on the institution's website where information on costs and aid is provided (such as financial aid, prospective students, or tuition and fees web pages); ``(ii) matches in size and font to the other prominent links on the primary menu; and ``(iii) may also be included on the institution's compliance web page, which contains information relating to compliance with Federal, State, and local laws. ``(B) The results screen for the calculator specifies the following information: ``(i) Net price (as calculated under subsection (a)(3)) for the institution, which is the most visually prominent figure on the results screen. ``(ii) Cost of attendance, including-- ``(I) tuition and fees; ``(II) average annual cost of room and board for the institution for a first-time, full-time undergraduate student enrolled in the institution; ``(III) average annual cost of books and supplies for a first-time, full-time undergraduate student enrolled in the institution; and ``(IV) estimated cost of other expenses (including personal expenses and transportation) for a first-time, full-time undergraduate student enrolled in the institution. ``(iii) Estimated total need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, that may be available to a first-time, full-time undergraduate student. ``(iv) Percentage of the first-time, full- time undergraduate students enrolled in the institution that received any type of grant aid described in clause (iii). ``(v) The disclaimer described in paragraph (6). ``(vi) In the case of a calculator that-- ``(I) includes questions to estimate a student's (or prospective student's) eligibility for veterans' education benefits (as defined in section 480) or educational benefits for active duty service members, such benefits are displayed on the results screen in a manner that clearly distinguishes them from the grant aid described in clause (iii); or ``(II) does not include questions to estimate eligibility for the benefits described in subclause (I), the results screen indicates that certain students (or prospective students) may qualify for such benefits and includes a link to information about such benefits. ``(C) The institution populates the calculator with data from not later than 2 academic years prior to the most recent academic year. ``(5) Prohibition on use of data collected by the net price calculator.--A net price calculator for an institution of higher education shall-- ``(A) clearly indicate which questions are required to be completed for an estimate of the net price from the calculator; ``(B) in the case of a calculator that requests contact information from users, clearly mark such requests as `optional'; and ``(C) prohibit any personally identifiable information provided by users from being sold or made available to third parties.''. SEC. 3. UNIVERSAL NET PRICE CALCULATOR. Section 132(h) of the Higher of Education Act of 1965 (20 U.S.C. 1015a(h)) is further amended by adding at the end the following: ``(7) Universal net price calculator.--The Secretary may develop a universal net price calculator that-- ``(A) enables users to answer one set of questions and receive net prices for any institution that is required to have a net price calculator under this subsection; ``(B) provides the information required under subparagraphs (B) and (C) of paragraph (4) for each institution for which a net price is being sought; and ``(C) is tested by students and families and evaluated by financial aid administrators and others in the field of postsecondary education before being finalized and publicly released.''.

Net Price Calculator Improvement Act This bill amends the Higher Education Act of 1965 to establish the minimum requirements for the net price calculator that each institution of higher education (IHE) receiving federal funds under title IV (Student Assistance) of the Act must include on its website. (An IHE's "net price" is the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at the school after deducting such aid.) It requires the link for the calculator to be clearly labeled and conspicuously posted on an IHE's website. It requires each calculator's results page to include: the net price of attending the IHE; the cost of attending the IHE; the estimated total need- and merit-based grant aid, from federal, state, and institutional sources, that may be available to first-time, full-time undergraduate students enrolled at the IHE; the percentage of such students enrolled at the school who receive any of that grant aid; and a notice that an estimate of an individual's net price is non-binding and subject to change. It requires calculators that estimate a user's eligibility for veterans' education benefits or educational benefits for active duty service members to clearly distinguish those benefits from other grant-aid. Requires calculators that do not make such estimates to provide users with notice of, and a link to information concerning, those benefits. The bill directs IHEs to populate their calculators with data from not later than two academic years prior to the most recent academic year. Calculators must: (1) clearly indicate which questions need to be completed for a net price estimate, (2) clearly mark requests for contact information as optional, and (3) prohibit personally identifiable information from being sold or made available to third parties. It authorizes the Department of Education to develop a universal net price calculator that enables users to answer one set of questions and receive net prices for any IHE that is required to have a net price calculator.

Net Price Calculator Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anabolic Steroid Control Act of 2004''. SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT. (a) Definitions.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (41)-- (A) by realigning the margin so as to align with paragraph (40); and (B) by striking subparagraph (A) and inserting the following: ``(A) The term `anabolic steroid' means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and includes-- ``(i) androstanediol-- ``(I) 3b,17b-dihydroxy-5a-androstane; and ``(II) 3a,17b-dihydroxy-5a-androstane; ``(ii) androstanedione (5a-androstan-3,17-dione); ``(iii) androstenediol-- ``(I) 1-androstenediol (3b,17b-dihydroxy-5a-androst-1-ene); ``(II) 1-androstenediol (3a,17b-dihydroxy-5a-androst-1- ene); ``(III) 4-androstenediol (3b,17b-dihydroxy-androst-4-ene); and ``(IV) 5-androstenediol (3b,17b-dihydroxy-androst-5-ene); ``(iv) androstenedione-- ``(I) 1-androstenedione ([5a]-androst-1-en-3,17-dione); ``(II) 4-androstenedione (androst-4-en-3,17-dione); and ``(III) 5-androstenedione (androst-5-en-3,17-dione); ``(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-en-3- one); ``(vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one); ``(vii) calusterone (7b,17a-dimethyl-17b-hydroxyandrost-4-en-3- one); ``(viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3-one); ``(ix) dehydrochloromethyltestosterone (4-chloro-17b-hydroxy- 17a-methyl-androst-1,4-dien-3-one); ``(x) <triangle>1-dihydrotestosterone (a.k.a. `1-testosterone') (17b-hydroxy-5a-androst-1-en-3-one); ``(xi) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one); ``(xii) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3- one); ``(xiii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene); ``(xiv) fluoxymesterone (9-fluoro-17a-methyl-11b,17b- dihydroxyandrost-4-en-3-one); ``(xv) formebolone (2-formyl-17a-methyl-11a,17b- dihydroxyandrost-1,4-dien-3-one); ``(xvi) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]- furazan); ``(xvii) 13b-ethyl-17a-hydroxygon-4-en-3-one; ``(xviii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4-en- 3-one); ``(xix) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-estr-4- en-3-one); ``(xx) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3-one); ``(xxi) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan-3- one); ``(xxii) methandienone (17a-methyl-17b-hydroxyandrost-1,4-dien- 3-one); ``(xxiii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-5- ene); ``(xxiv) methenolone (1-methyl-17b-hydroxy-5a-androst-1-en-3- one); ``(xxv) 17a-methyl-3b, 17b-dihydroxy-5a-androstane; ``(xxvi) 17a-methyl-3a,17b-dihydroxy-5a-androstane; ``(xxvii) 17a-methyl-3b,17b-dihydroxyandrost-4-ene. ``(xxviii) 17a-methyl-4-hydroxynandrolone (17a-methyl-4- hydroxy-17b-hydroxyestr-4-en-3-one); ``(xxix) methyldienolone (17a-methyl-17b-hydroxyestra-4,9(10)- dien-3-one); ``(xxx) methyltrienolone (17a-methyl-17b-hydroxyestra-4,9-11- trien-3-one); ``(xxxi) methyltestosterone (17a-methyl-17b-hydroxyandrost-4- en-3-one); ``(xxxii) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-3- one); ``(xxxiii) 17a-methyl-<triangle>1-dihydrotestosterone (17b- hydroxy-17a-methyl-5a-androst-1-en-3-one) (a.k.a. `17-a-methyl-1- testosterone'); ``(xxxiv) nandrolone (17b-hydroxyestr-4-en-3-one); ``(xxxv) norandrostenediol-- ``(I) 19-nor-4-androstenediol (3b, 17b-dihydroxyestr-4- ene); ``(II) 19-nor-4-androstenediol (3a, 17b-dihydroxyestr-4- ene); ``(III) 19-nor-5-androstenediol (3b, 17b-dihydroxyestr-5- ene); and ``(IV) 19-nor-5-androstenediol (3a, 17b-dihydroxyestr-5- ene); ``(xxxvi) norandrostenedione-- ``(I) 19-nor-4-androstenedione (estr-4-en-3,17-dione); and ``(II) 19-nor-5-androstenedione (estr-5-en-3,17-dione; ``(xxxvii) norbolethone (13b,17a-diethyl-17b-hydroxygon-4-en-3- one); ``(xxxviii) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-one); ``(xxxix) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-3- one); ``(xl) normethandrolone (17a-methyl-17b-hydroxyestr-4-en-3- one); ``(xli) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]- androstan-3-one); ``(xlii) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-4-en- 3-one); ``(xliii) oxymetholone (17a-methyl-2-hydroxymethylene-17b- hydroxy-[5a]-androstan-3-one); ``(xliv) stanozolol (17a-methyl-17a-hydroxy-[5a]-androst-2- eno[3,2-c]-pyrazole); ``(xlv) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-1-en-3- one); ``(xlvi) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4- dien-17-oic acid lactone); ``(xlvii) testosterone (17b-hydroxyandrost-4-en-3-one); ``(xlviii) tetrahydrogestrinone (13b,17a-diethyl-17b- hydroxygon-4,9,11-trien-3-one); ``(xlix) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one); and ``(xlx) any salt, ester, or ether of a drug or substance described in this paragraph. The substances excluded under this subparagraph may at any time be scheduled by the Attorney General in accordance with the authority and requirements of subsections (a) through (c) of section 201.''; and (2) in paragraph (44), by inserting ``anabolic steroids,'' after ``marihuana,''. (b) Authority and Criteria for Classification.--Section 201(g) of the Controlled Substances Act (21 U.S.C. 811(g)) is amended-- (1) in paragraph (1), by striking ``substance from a schedule if such substance'' and inserting ``drug which contains a controlled substance from the application of titles II and III of the Comprehensive Drug Abuse Prevention and Control Act (21 U.S.C. 802 et seq.) if such drug''; and (2) in paragraph (3), by adding at the end the following: ``(C) Upon the recommendation of the Secretary of Health and Human Services, a compound, mixture, or preparation which contains any anabolic steroid, which is intended for administration to a human being or an animal, and which, because of its concentration, preparation, formulation or delivery system, does not present any significant potential for abuse.''. (c) Anabolic Steroids Control Act.--Section 1903 of the Anabolic Steroids Control Act of 1990 (Public Law 101-647) is amended-- (1) by striking subsection (a); and (2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (d) Effective Date.--The amendments made by this section shall take effect 90 days after the date of enactment of this Act. SEC. 3. SENTENCING COMMISSION GUIDELINES. The United States Sentencing Commission shall-- (1) review the Federal sentencing guidelines with respect to offenses involving anabolic steroids; (2) consider amending the Federal sentencing guidelines to provide for increased penalties with respect to offenses involving anabolic steroids in a manner that reflects the seriousness of such offenses and the need to deter anabolic steroid trafficking and use; and (3) take such other action that the Commission considers necessary to carry out this section. SEC. 4. PREVENTION AND EDUCATION PROGRAMS. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall award grants to public and nonprofit private entities to enable such entities to carry out science-based education programs in elementary and secondary schools to highlight the harmful effects of anabolic steroids. (b) Eligibility.-- (1) Application.--To be eligible for grants under subsection (a), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Preference.--In awarding grants under subsection (a), the Secretary shall give preference to applicants that intend to use grant funds to carry out programs based on-- (A) the Athletes Training and Learning to Avoid Steroids program; (B) The Athletes Targeting Healthy Exercise and Nutrition Alternatives program; and (C) other programs determined to be effective by the National Institute on Drug Abuse. (c) Use of Funds.--Amounts received under a grant under subsection (a) shall be used for education programs that will directly communicate with teachers, principals, coaches, as well as elementary and secondary school children concerning the harmful effects of anabolic steroids. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2005 through 2010. SEC. 5. NATIONAL SURVEY ON DRUG USE AND HEALTH. (a) In General.--The Secretary of Health and Human Services shall ensure that the National Survey on Drug Use and Health includes questions concerning the use of anabolic steroids. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $1,000,000 for each of fiscal years 2005 through 2010. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Anabolic Steroid Control Act of 2004 - Amends the Controlled Substances Act to redefine anabolic steroid to mean any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone). Sets forth a list of substances included as anabolic steroids, including tetrahydrogestrinone (THG), androstenedione, and specified related chemicals. Authorizes the Attorney General, upon the recommendation of the Secretary of Health and Human Services, to exempt from regulation under the Controlled Substances Act any compound, mixture, or preparation that contains any anabolic steroid that is intended for administration to a human being or an animal and that does not present any significant potential for abuse because of its concentration, preparation, formulation, or delivery system. Directs the U.S. Sentencing Commission to review the Federal sentencing guidelines with respect to offenses involving anabolic steroids and consider amending such guidelines to provide for increased penalties. Directs the Secretary to: (1) award grants to enable public and nonprofit private entities to carry out science-based education programs in elementary and secondary schools to highlight the harmful effects of anabolic steroids; (2) give preference for such grants to programs helping athletes to avoid steroid use; and (3) ensure that the National Survey on Drug Use and Health includes questions concerning the use of anabolic steroids. Authorizes appropriations.

A bill to amend the Controlled Substances Act to clarify the definition of anabolic steroids and to provide for research and education activities relating to steroids and steroid precursors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crow Tribe Land Restoration Act''. SEC. 2. PURPOSE. The purpose of this Act is to authorize the Secretary of the Interior to-- (1) develop a program to acquire land and interests in land from eligible individuals within the Crow Reservation in the State of Montana; (2) hold in trust the land, and interests in land, described in paragraph (1) for the benefit of the Crow Tribe of the State of Montana; (3) allow the Tribe to assume management of the land and interests in land; and (4) end the continuing fractionation of land on the Reservation. SEC. 3. DEFINITIONS. In this Act: (1) Eligible individual.--The term ``eligible individual'' means an individual that owns land, or an interest in land, within the Reservation. (2) Reservation.--The term ``Reservation'' means the Crow Reservation in the State of Montana. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Tribe.--The term ``Tribe'' means the Crow Tribe of the State of Montana. SEC. 4. ACQUISITION OF LAND WITHIN RESERVATION. (a) Purchasing Program.-- (1) Establishment.--As soon as practicable after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall provide funds to the Tribe to purchase from eligible individuals land, and interests in land, within the Reservation. (2) Requirements.-- (A) Voluntary sale.--A sale of land to the Tribe under the purchasing program shall be voluntary. (B) Reasonable purchase price.--To receive funds under the purchasing program, the Tribe shall offer to an eligible individual in consideration for land, or an interest in land, within the Reservation an amount equal to the reasonable purchase price of the land, or interest in land, of the eligible individual, as determined in accordance with subsection (b). (3) Notification to eligible individuals.-- (A) In general.--As soon as practicable after the date on which the purchasing program is established, the Tribe shall provide to each eligible individual a notification with respect to the program, including any guidelines issued by the Secretary relating to the program. (B) Contact with eligible individuals.-- Notwithstanding any other provision of law, an eligible individual may be contacted directly with respect to the purchasing program by-- (i) the Tribe, or a representative of the Tribe; or (ii) the Secretary, or a representative of the Secretary. (b) Reasonable Purchase Price.-- (1) Guidelines.--As soon as practicable after the date of enactment of this Act, the Secretary shall establish guidelines under which the reasonable purchase price of land, or an interest in land, of an eligible individual shall be determined. (2) Consideration.--In establishing guidelines under paragraph (1), the Secretary may take into consideration-- (A) average annual earnings of land, and interests in land, of eligible individuals; and (B) any other factor the Secretary considers to be appropriate. (c) Acceptance of Offer.-- (1) In general.--On acceptance by an eligible individual of an offer of the Tribe under this section-- (A) subject to paragraph (2), the Tribe shall pay to the eligible individual the reasonable purchase price of the land, or interest in land, of the eligible individual, as determined in accordance with subsection (b); and (B) title to the land, or interest in land, acquired from the eligible individual shall be conveyed to the United States, to be held in trust by the Secretary for the benefit of the Tribe. (2) Eligible individual accounts.-- (A) In general.--On the request of an eligible individual that accepts an offer of the Tribe under this section, the Tribe shall-- (i)(I) establish in a local financial institution an account in the name of the eligible individual; and (II) deposit the amount of the offer of the Tribe under this section into that account; or (ii) deposit the amount of the offer of the Tribe under this section into any account in a financial institution designated by the eligible individual. (B) Withdrawal and transfer.--An eligible individual may, without obtaining approval from, or providing a notification to, the Secretary-- (i) withdraw any amount from an account described in subparagraph (A); or (ii) transfer any amount from an account described in subparagraph (A) into an account in a different financial institution. (C) Fees.--Any fee assessed by a financial institution on an account under this paragraph shall be the responsibility of the eligible individual in the name of which the account is held. (D) Taxation.--Amounts held in an account under this paragraph, including any interest earned on such amounts, shall not be subject to taxation by the Federal Government, or any State or local government, if the account contains only-- (i) amounts deposited into the account by the Tribe under subparagraph (A); and (ii) interest earned on those amounts. (d) Judicial Review.--The terms and amount of any offer of the Tribe to purchase land, or an interest in land, of an eligible individual under this section shall not be subject to judicial review. SEC. 5. PURCHASING PROGRAM FUNDING. (a) Obligations to Treasury.-- (1) Issuance.-- (A) In general.--To the extent approved in annual appropriations Acts and subject to approval by the Secretary of the Treasury, the Secretary may issue to the Secretary of the Treasury such obligations as the Secretary determines to be necessary to fund the purchasing program established under section 4(a)(1). (B) Requirements.--The obligations issued under subparagraph (A) shall be in such form and such denomination, and subject to any other such terms and conditions, as the Secretary of the Treasury determines to be appropriate. (2) Purchase.--The Secretary of the Treasury shall purchase any obligation issued under paragraph (1). (3) Interest.--The obligations issued under paragraph (1) shall bear interest at a rate to be determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. (4) Limitation.--On any date, the total amount of obligations issued under paragraph (1) shall not exceed $_,000,000. (b) Repayment of Obligations.-- (1) In general.--The Secretary shall use the revenues from any land purchased by the Tribe under this Act to repay the Secretary of the Treasury the amount of any obligation, including interest on such an obligation, issued under subsection (a). (2) Reasonable assurance of repayment.--The Secretary shall ensure, to the maximum extent practicable, that projected revenues described in paragraph (1) provide reasonable assurance of repayment of the amount of obligations issued under subsection (a). (c) Authorization of Appropriations.--For each fiscal year beginning after the date of enactment of this Act, there are authorized to be appropriated to the Secretary such sums as the Secretary determines to be necessary to repay to the Secretary of the Treasury the difference between-- (1) the amount of obligations issued under subsection (a), including interest on such obligations, that was required to be repaid during the preceding fiscal year; and (2) the amount of obligations issued under subsection (a), including interest on such obligations, that was repaid during the preceding fiscal year. SEC. 6. DONATION OF LAND. (a) In General.--Subject to subsection (b), the Secretary may accept from any eligible individual a donation of land or an interest in land within the Reservation. (b) Conditions.-- (1) Title held in trust.--The Secretary shall hold in trust for the benefit of the Tribe the title to any land or interest in land acquired by the Secretary under subsection (a). (2) Designation of place of honor.--The Tribe shall designate on the Reservation a place of honor, as the Tribe determines to be appropriate, at which the name of any eligible individual that donates land to the Secretary under subsection (a) shall be displayed in perpetuity, in recognition of the donation. SEC. 7. LAND MANAGEMENT. (a) In General.--Land, and interests in land, held in trust by the Secretary for the benefit of the Tribe under this Act shall be managed by the Tribe. (b) Limitation of Trust Responsibility.--The trust responsibility of the Secretary with respect to land and interests in land described in subsection (a) shall be limited to-- (1) ensuring that the land and interests in land are not subject to alienation; and (2) enabling the Tribe to exercise jurisdiction over the land and interests in land. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000.

Crow Tribe Land Restoration Act - Directs the Secretary of the Interior to: (1) develop a program to provide funds to the Crow Tribe of the State of Montana to acquire land and interests in land from eligible individuals within the Crow Reservation in the state; and (2) accept from eligible individuals the donation of land or an interest in land, to hold in trust for the benefit of the Tribe. Requires the Tribe to manage such land and interests. Authorizes the Secretary to issue to the Secretary of the Treasury any obligations necessary to fund the purchasing program established by this Act.

A bill to develop a program to acquire interests in land from eligible individuals within the Crow Reservation in the State of Montana, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to improve the quality and value of healthcare by increasing the safety and accuracy of medical imaging examinations and radiation therapy treatments, thereby reducing duplication of services and decreasing costs. SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. Part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding at the end the following: ``Subpart 4--Medical Imaging and Radiation Therapy ``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. ``(a) Establishment of Standards.-- ``(1) In general.--The Secretary, in consultation with recognized experts in the technical provision of medical imaging and radiation therapy services, shall establish standards to ensure the safety and accuracy of medical imaging studies and radiation therapy treatments. Such standards shall pertain to the personnel who perform, plan, evaluate, or verify patient dose for medical imaging studies and radiation therapy procedures and not to the equipment used. ``(2) Experts.--The Secretary shall select expert advisers under paragraph (1) to reflect a broad and balanced input from all sectors of the health care community that are involved in the provision of such services to avoid undue influence from any single sector of practice on the content of such standards. ``(3) Limitation.--The Secretary shall not take any action under this subsection that would require licensure by a State of those who provide the technical services referred to in this subsection. ``(b) Exemptions.--The standards established under subsection (a) shall not apply to physicians (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))), nurse practitioners and physician assistants (as defined in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5))). ``(c) Requirements.-- ``(1) In general.--Under the standards established under subsection (a), the Secretary shall ensure that individuals, prior to performing or planning medical imaging and radiation therapy services, demonstrate compliance with the standards established under subsection (a) through successful completion of certification by a professional organization, licensure, completion of an examination, pertinent coursework or degree program, verified pertinent experience, or through other ways determined appropriate by the Secretary, or through some combination thereof. ``(2) Miscellaneous provisions.--The standards established under subsection (a)-- ``(A) may vary from discipline to discipline, reflecting the unique and specialized nature of the technical services provided, and shall represent expert consensus as to what constitutes excellence in practice and be appropriate to the particular scope of care involved; ``(B) may vary in form for each of the covered disciplines; and ``(C) may exempt individual providers from meeting certain standards based on their scope of practice. ``(3) Recognition of individuals with extensive practical experience.--For purposes of this section, the Secretary shall, through regulation, provide a method for the recognition of individuals whose training or experience are determined to be equal to, or in excess of, those of a graduate of an accredited educational program in that specialty, or of an individual who is regularly eligible to take the licensure or certification examination for that discipline. ``(d) Approved Bodies.-- ``(1) In general.--Not later than the date described in subsection (j)(2), the Secretary shall begin to certify qualified entities as approved bodies with respect to the accreditation of the various mechanisms by which an individual can demonstrate compliance with the standards promulgated under subsection (a), if such organizations or agencies meet the standards established by the Secretary under paragraph (2) and provide the assurances required under paragraph (3). ``(2) Standards.--The Secretary shall establish minimum standards for the certification of approved bodies under paragraph (1) (including standards for recordkeeping, the approval of curricula and instructors, the charging of reasonable fees for certification or for undertaking examinations, and standards to minimize the possibility of conflicts of interest), and other additional standards as the Secretary may require. ``(3) Assurances.--To be certified as an approved body under paragraph (1), an organization or agency shall provide the Secretary satisfactory assurances that the body will-- ``(A) be a nonprofit organization; ``(B) comply with the standards described in paragraph (2); ``(C) notify the Secretary in a timely manner if the body fails to comply with the standards described in paragraph (2); and ``(D) provide such other information as the Secretary may require. ``(4) Withdrawal of approval.-- ``(A) In general.--The Secretary may withdraw the certification of an approved body if the Secretary determines the body does not meet the standards under paragraph (2). ``(B) Effect of withdrawal.--The withdrawal of the certification of an approved body under subparagraph (A) shall have no effect on the certification status of any individual or person that was certified by that approved body prior to the date of such withdrawal. ``(e) Existing State Standards.--Standards established by a State for the licensure or certification of personnel, accreditation of educational programs, or administration of examinations shall be deemed to be in compliance with the standards of this section unless the Secretary determines that such State standards do not meet the minimum standards prescribed by the Secretary or are inconsistent with the purposes of this section. The Secretary shall establish a process by which a State may respond to or appeal a determination made by the Secretary under the preceding sentence. ``(f) Rule of Construction.--Nothing in this section shall be construed to prohibit a State or other approved body from requiring compliance with a higher standard of education and training than that specified by this section. Notwithstanding any other provision of this section, individuals who provide medical imaging services relating to mammograms shall continue to meet the standards applicable under the Mammography Quality Standards Act of 1992. ``(g) Evaluation and Report.--The Secretary shall periodically evaluate the performance of each approved body under subsection (d) at an interval determined appropriate by the Secretary. The results of such evaluations shall be included as part of the report submitted to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives in accordance with 354(e)(6)(B). ``(h) Delivery of and Payment for Services.--Not later than the date described in subsection (j)(3), the Secretary shall promulgate regulations to ensure that all programs under the authority of the Secretary that involve the performance of or payment for medical imaging or radiation therapy, are performed in accordance with the standards established under this section. ``(i) Alternative Standards for Rural and Underserved Areas.-- ``(1) In general.--The Secretary shall determine whether the standards established under subsection (a) must be met in their entirety for medical imaging or radiation therapy that is performed in a geographic area that is determined by the Medicare Geographic Classification Review Board to be a `rural area' or that is designated as a health professional shortage area. If the Secretary determines that alternative standards for such rural areas or health professional shortage areas are appropriate to assure access to quality medical imaging, the Secretary is authorized to develop such alternative standards. ``(2) State discretion.--The chief executive officer of a State may submit to the Secretary a statement declaring that an alternative standard developed under paragraph (1) is inappropriate for application to such State, and such alternative standard shall not apply in such submitting State. The chief executive officer of a State may rescind a statement described in this paragraph following the provision of appropriate notice to the Secretary. ``(j) Applicable Timelines.-- ``(1) General implementation regulations.--Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate such regulations as may be necessary to implement all standards in this section except those provided for in subsection (d)(2). ``(2) Minimum standards for certification of approved bodies.--Not later than 24 months after the date of enactment of this section, the Secretary shall establish the standards regarding approved bodies referred to in subsection (d)(2) and begin certifying approved bodies under such subsection. ``(3) Regulations for delivery of or payment for services.--Not later than 36 months after the date of enactment of this section, the Secretary shall promulgate the regulations described in subsection (h). The Secretary may withhold the provision of Federal assistance as provided for in subsection (h) beginning on the date that is 48 months after the date of enactment of this section. ``(k) Definitions.--In this section: ``(1) Approved body.--The term `approved body' means an entity that has been certified by the Secretary under subsection (d)(1) to accredit the various mechanisms by which an individual can demonstrate compliance with the standards promulgated under subsection (a) with respect to performing, planning, evaluating, or verifying patient dose for medical imaging or radiation therapy. ``(2) Medical imaging.--The term `medical imaging' means any procedure used to visualize tissues, organs, or physiologic processes in humans for the purpose of diagnosing illness or following the progression of disease. Images may be produced utilizing ionizing radiation, radiopharmaceuticals, magnetic resonance, or ultrasound and image production may include the use of contrast media or computer processing. For purposes of this section, such term does not include routine dental diagnostic procedures. ``(3) Perform.--The term `perform', with respect to medical imaging or radiation therapy, means-- ``(A) the act of directly exposing a patient to radiation via ionizing or radio frequency radiation, to ultrasound, or to a magnetic field for purposes of medical imaging or for purposes of radiation therapy; and ``(B) the act of positioning a patient to receive such an exposure. ``(4) Plan.--The term `plan', with respect to medical imaging or radiation therapy, means the act of preparing for the performance of such a procedure to a patient by evaluating site-specific information, based on measurement and verification of radiation dose distribution, computer analysis, or direct measurement of dose, in order to customize the procedure for the patient. ``(5) Radiation therapy.--The term `radiation therapy' means any procedure or article intended for use in the cure, mitigation, treatment, or prevention of disease in humans that achieves its intended purpose through the emission of radiation. ``(l) Sunset.--This section shall have no force or effect after September 30, 2017.''. SEC. 4. REPORT ON THE EFFECTS OF THIS ACT. (a) Not later than 5 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, 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 on the effects of this Act. Such report shall include the types and numbers of providers for whom standards have been developed, the impact of such standards on diagnostic accuracy and patient safety, and the availability and cost of services. Entities reimbursed for technical services through programs operating under the authority of the Secretary of Health and Human Services shall be required to contribute data to such report.

Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish standards to ensure the safety and accuracy of medical imaging studies and radiation therapy treatments. Imposes such standards on personnel who perform, plan, or evaluate, or verify patient doses for, medical imaging studies and radiation therapy procedures and not on the equipment used. Exempts physicians, nurse practitioners, and physician assistants. Directs the Secretary to ensure that individuals demonstrate compliance with such standards. Requires the Secretary to provide a method for the recognition of individuals whose training and experience are determined to equal or exceed that of: (1) a graduate of an accredited educational program in that specialty; or (2) an individual who is regularly eligible to take the licensure or certification examination for that discipline. Directs the Secretary to certify qualified nonprofit organizations as approved bodies to provide accreditation to individuals that demonstrate compliance with such standards. Requires individuals who provide medical imaging services relating to mammograms to continue to meet standards under the Mammography Quality Standards Act of 1992. Deems state standards for licensure or certification of personnel, accreditation of educational programs, or administration of examinations to be in compliance with the standards under this Act unless the Secretary determines otherwise. Requires the Secretary to establish a process by which a state may appeal such a determination. Requires the Secretary to ensure that all programs under the authority of the Secretary meet such standards. Authorizes the Secretary to develop alternative standards for rural areas or health professional shortage areas as appropriate to assure access to quality medical imaging.

A bill to amend the Public Health Service Act to make the provision of technical services for medical imaging examinations and radiation therapy treatments safer, more accurate, and less costly.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmers Tax Deferral Act''. SEC. 2. SPECIAL RULES FOR EXCHANGE OF QUALIFIED AGRICULTURAL PROPERTY FOR REAL PROPERTY. (a) Treated as Like Kind With Real Property.--Section 1031 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Qualified Agricultural Property Treated as Like Kind With Real Property.--For purposes of this section-- ``(1) In general.--In the case of the exchange of qualified agricultural property for real property held either for productive use in a trade or business or for investment, such qualified agricultural property and such real property shall be treated as property of a like kind. ``(2) Qualified agricultural property.--The term `qualified agricultural property' means-- ``(A) any single purpose agricultural or horticultural structure (as defined in section 168(i)(13)), and ``(B) any equipment or fixtures which are related in use to such structure.''. (b) Ordinary Income Recapture Deferred Until Disposition of Real Property Acquired in Exchange.-- (1) In general.--Subsection (b) of section 1245 of such Code is amended by adding at the end the following new paragraph: ``(9) Special rule for like kind exchanges of qualified agricultural property.-- ``(A) In general.--If qualified agricultural property (as defined in section 1031(i)) is disposed of and gain (determined without regard to this section) is not recognized in whole or in part under section 1031, then the amount of gain taken into account by the transferor under subsection (a)(1) shall not exceed the sum of-- ``(i) the amount of gain recognized on such disposition (determined without regard to this section), plus ``(ii) the fair market value of property acquired which is not taken into account under clause (i) and which is not-- ``(I) section 1245 property, or ``(II) real property held either for productive use in a trade or business or for investment. ``(B) Ordinary income recapture on disposition of real property acquired in exchange.--If real property the fair market value of which is taken into account under subparagraph (A)(ii)(II) in determining the gain on the disposition of any qualified agricultural property is disposed of by the transferee, the lesser of-- ``(i) the excess of-- ``(I) the amount realized on the disposition of such real property (in the case of a disposition other than a sale, exchange, or involuntary conversion, the fair market value of such real property), over ``(II) the adjusted basis of such real property, or ``(ii) the amount of gain that would have been treated as ordinary income under this section if such qualified agricultural property were sold at fair market value on the date of the disposition of such structure, shall be treated as ordinary income. Such gain shall be recognized notwithstanding any other provision of this subtitle.''. (2) Conforming amendment.--Paragraph (4) of section 1245(b) of such Code is amended by striking ``If'' and inserting ``Except as provided in paragraph (9), if''. (c) Effective Date.-- (1) Subsection (a).--The amendments made by subsection (a) shall apply to transfers after the date of the enactment of this Act. (2) Subsection (b).--The amendments made by subsection (b) shall apply to dispositions after the date of the enactment of this Act. SEC. 3. SPECIAL RULES FOR INSTALLMENT SALES OF QUALIFIED AGRICULTURAL PROPERTY. (a) In General.--Subsection (i) of section 453 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Special rule for qualified agricultural property.-- Notwithstanding paragraph (1), in the case of any installment sale of qualified agricultural property (as defined in section 1031(i)) to which subsection (a) applies-- ``(A) income from the installment sale shall be taken into account under the installment method, and ``(B) income recognized for any taxable year from such sale under such method shall be recognized as recapture income in such year in the same proportion to such income recognized for such year from such sale as-- ``(i) the aggregate recapture income from such sale (recognized or to be recognized when payment is completed), bears to ``(ii) the aggregate income from such sale (so recognized or to be recognized).''. (b) Conforming Amendment.--Paragraph (3) of section 453(i) of such Code, as redesignated under this section, is amended by striking ``paragraph (1)'' and inserting ``this subsection''. (c) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act.

Farmers Tax Deferral Act - Amends the Internal Revenue Code to: (1) treat the exchange of qualified agricultural property as a like-kind exchange for purposes of allowing the nonrecognition or deferral of gain from such exchange; and (2) allow installment sales treatment of such property. Defines "qualified agricultural property" as any single purpose agricultural or horticultural property and any equipment or fixtures related to such property.

To amend the Internal Revenue Code of 1986 to provide special rules for the exchange or installment sale of certain agricultural property.

SECTION 1. COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. ``(a) Requirement.-- ``(1) In general.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall provide coverage for scalp hair prosthesis for a participant or beneficiary who has scalp hair loss as a result of alopecia areata if the attending physician of the participant or beneficiary certifies in writing the medical necessity of that proposed course of rehabilitative treatment. ``(2) Cost-sharing.--The coverage required under this subsection is not subject to dollar limits, deductibles, and coinsurance provisions that are less favorable than those for other prosthesis coverage under the plan or coverage, except that a group health plan or health insurance issuer may provide that the plan or issuer will only pay for 80 percent of the customary and usual costs of the scalp hair prosthesis exclusive of any deductible. ``(3) Definition.--As used in this subsection, the term `scalp hair prosthesis' includes any artificial substitutes for scalp hair. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. ``(a) Requirement.-- ``(1) In general.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall provide coverage for scalp hair prosthesis for a participant or beneficiary who has scalp hair loss as a result of alopecia areata if the attending physician of the participant or beneficiary certifies in writing the medical necessity of that proposed course of rehabilitative treatment. ``(2) Cost-sharing.--The coverage required under this subsection is not subject to dollar limits, deductibles, and coinsurance provisions that are less favorable than those for other prosthesis coverage under the plan or coverage, except that a group health plan or health insurance issuer may provide that the plan or issuer will only pay for 80 percent of the customary and usual costs of the scalp hair prosthesis exclusive of any deductible. ``(3) Definition.--As used in this subsection, the term `scalp hair prosthesis' includes any artificial substitutes for scalp hair. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Requirement for coverage of hair prostheses for individuals with scalp hair loss as a result of alopecia areata.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Requirement for coverage of hair prostheses for individuals with scalp hair loss as a result of alopecia areata.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. ``(a) Requirement.--A group health plan shall provide coverage for scalp hair prosthesis for an participant or beneficiary who has scalp hair loss as a result of alopecia areata if the attending physician of the participant or beneficiary certifies in writing the medical necessity of that proposed course of rehabilitative treatment. ``(b) Cost-Sharing.--The coverage required under this section is not subject to dollar limits, deductibles, and coinsurance provisions that are less favorable than those for other prosthesis coverage under the plan or coverage, except that a group health plan may provide that the plan will only pay for 80 percent of the customary and usual costs of the scalp hair prosthesis exclusive of any deductible. ``(c) Definition.--As used in this section, the term `scalp hair prosthesis' includes any artificial substitutes for scalp hair.''. (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. ``(a) In General.--The provisions of section 2707(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2001. (2) Individual health insurance coverage.--The amendments made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2001. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.

Amends the Public Health Service Act to apply this Act's requirement to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to coverage offered in the small or large group market.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide coverage for hair prostheses for individuals with scalp hair loss as a result of alopecia areata.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Volcano Early Warning and Monitoring System Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States and the territories of the United States contain 169 hazardous volcanoes; (2) since 1980, eruptions have claimed many lives and cost billions of dollars in property damage in the United States; (3) ash eruptions pose a hazard to high-flying jet aircraft, including the more than 50,000 passengers who travel on jets over Alaska and the North Pacific every day; (4) in 1989, an eruption of Redoubt Volcano, Alaska, caused in-flight failure of all 4 engines of a passenger Boeing 747 aircraft; (5) international flights over the Commonwealth of the Northern Mariana Islands and the intense domestic air traffic of the Pacific Northwest also face potential engine failure in the event of an eruption; (6) mudflows from ice-clad Cascade volcanoes of the States of Washington, Oregon, and California pose a serious hazard to cities and transportation arteries in the Pacific Northwest; (7) lava flows, toxic gas emissions, and explosions impact residents and visitors to the State of Hawaii and have the potential to cause catastrophic property damage; (8) frequent seismic unrest requires careful monitoring in the Mammoth Lakes area of the State of California and Yellowstone National Park in the States of Wyoming, Montana, and Idaho; (9) modern technology, in the form of geophysical monitoring networks on the ground and the use of near-real time satellite data, makes possible early warnings typically weeks or months before eruptions, giving emergency response agencies and the public time to prepare, which minimizes potential damage to property and loss of life; (10) the efficacy of monitoring is being demonstrated by-- (A) the successful forecasts and warnings of Augustine Volcano in 1986 and 2006, Redoubt Volcano in 1989 through 1990 and 2009, and Mt. Spurr in 1992; and (B) warnings and forecasts of lava flow advancement in Hawaii during the ongoing eruption of Kilauea; (11) the United States Geological Survey and university and State partners of the United States Geological Survey operate-- (A) the Alaska Volcano Observatory located in Anchorage and Fairbanks, Alaska; (B) the Cascades Volcano Observatory located in Vancouver, Washington; (C) the Hawaiian Volcano Observatory located in Hawai'i Volcanoes National Park, Hawaii; (D) the Yellowstone Volcano Observatory located in Yellowstone National Park in the State of Wyoming, Montana, and Idaho; and (E) the California Volcano Observatory, located in Menlo Park, California; and (12) a detailed survey of the volcanoes in the United States and the monitoring status of those volcanoes has revealed numerous serious monitoring gaps, leaving the United States exposed to preventable damage from large volcanic eruptions. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (2) System.--The term ``System'' means the National Volcano Early Warning and Monitoring System established under section 4(a)(1). SEC. 4. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM. (a) Establishment.-- (1) In general.--The Secretary shall establish within the United States Geological Survey a system, to be known as the ``National Volcano Early Warning and Monitoring System'', to monitor, warn, and protect citizens of the United States from undue and avoidable harm from volcanic activity. (2) Purposes.--The purposes of the System are-- (A) to organize, modernize, standardize, and stabilize the monitoring systems of the volcano observatories in the United States, which includes the Alaska Volcano Observatory, California Volcano Observatory, Cascades Volcano Observatory, Hawaiian Volcano Observatory, and Yellowstone Volcano Observatory; and (B) to unify the monitoring systems of volcano observatories in the United States into a single interoperative system. (3) Objective.--The objective of the System is to monitor all the volcanoes in the United States at a level commensurate with the threat posed by the volcanoes by-- (A) upgrading existing networks on monitored volcanoes; and (B) installing new networks on unmonitored volcanoes. (b) System Components.-- (1) In general.--The System shall include-- (A) a national volcano watch office that is operational 24 hours a day and 7 days a week; (B) a national volcano data center; and (C) an external grants program to support research in volcano monitoring science and technology. (2) Modernization activities.--Modernization activities under the System shall include the comprehensive application of emerging technologies, including digital broadband seismometers, real-time continuous Global Positioning System receivers, satellite and airborne radar interferometry, acoustic pressure sensors, and spectrometry to measure gas emissions. (c) Management.-- (1) Management plan.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to Congress a 5-year management plan for establishing and operating the System. (B) Inclusions.--The management plan submitted under subparagraph (A) shall include-- (i) annual cost estimates for modernization activities and operation of the System; (ii) annual milestones, standards, and performance goals; and (iii) recommendations for, and progress towards, establishing new, or enhancing existing, partnerships to leverage resources. (2) Advisory committee.--The Secretary shall establish an advisory committee to assist the Secretary in implementing the System, to be comprised of representatives of relevant agencies and members of the scientific community, to be appointed by the Secretary. (3) Partnerships.--The Secretary may enter into cooperative agreements with institutions of higher education and State agencies designating the institutions of higher education and State agencies as volcano observatory partners for the System. (4) Coordination.--The Secretary shall coordinate the activities under this Act with the heads of relevant Federal agencies, including-- (A) the Secretary of Transportation; (B) the Administrator of the Federal Aviation Administration; (C) the Administrator of the National Oceanic and Atmospheric Administration; and (D) the Director of the Federal Emergency Management Administration. (d) Annual Report.--Annually, the Secretary shall submit to Congress a report that describes the activities carried out under this Act. SEC. 5. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act for each of fiscal years 2016 through 2026. (b) Effect on Other Sources of Federal Funding.--Amounts made available under this section shall supplement, and not supplant, Federal funds made available for other United States Geological Survey hazards activities and programs.

National Volcano Early Warning and Monitoring System Act This bill directs the United States Geological Survey (USGS) to establish the National Volcano Early Warning and Monitoring System to monitor, issue warnings of, and protect U.S. citizens from undue and avoidable harm from, volcanic activity. The purposes of the System are to: (1) organize, modernize, standardize, and stabilize the monitoring systems of U.S. volcano observatories; and (2) unify such systems into a single interoperative system. The objective of the System is to monitor all U.S. volcanoes at a level commensurate with the threat posed by the volcanoes by: (1) upgrading existing networks on monitored volcanoes, and (2) installing new networks on unmonitored volcanoes. The System shall include: (1) a national volcano watch office that is operational 24 hours a day and 7 days a week, (2) a national volcano data center, (3) an external grants program to support research in volcano monitoring science and technology, and (4) modernization activities including the comprehensive application of emerging technologies. The USGS must: (1) submit to Congress a five-year management plan for establishing and operating the System, and (2) establish an advisory committee to assist in implementing the System. The USGS may enter into cooperative agreements designating institutions of higher education and state agencies as volcano observatory partners for the System.

National Volcano Early Warning and Monitoring System Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Salt Cedar and Russian Olive Control Assessment and Demonstration Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretaries.--The term ``Secretaries'' means the Secretary of Agriculture, in cooperation with the Secretary of the Interior. (2) Western united states.--The term ``Western United States'' refers to the States defined by the Act of June 17, 1902 (commonly known as the 1902 Reclamation Act; 43 U.S.C. 371 et seq.), which includes Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Kansas, Oklahoma, Nevada, New Mexico, Oregon, Texas, Utah, Washington, and Wyoming. SEC. 3. ASSESSMENT OF SALT CEDAR AND RUSSIAN OLIVE INFESTATION IN WESTERN UNITED STATES. (a) Assessment.--Not later than one year after the date on which funds are first made available to carry out this section, the Secretaries shall complete an assessment of the extent of Salt Cedar and Russian Olive invasion in the Western United States. (b) Content.--The assessment shall include the following: (1) To the extent practicable, documentation of the quantity of water lost due to the infestation. (2) Documentation of the quantity of water saved due to various control methods, including the portion of saved water that returns to surface water or groundwater supplies and at what rates. (3) Determination of the optimum control method for the various land types and land uses. (4) Determination of what conditions indicate the need to remove such growth and the optimal methods for disposal or use of such growth. (5) Determination of methods to prevent the regrowth and reintroduction of Salt Cedar and Russian Olive and to reestablish native species. (c) Report on Assessment.-- (1) Preparation and content.--The Secretaries shall prepare a report containing the results of the assessment. The report shall identify long-term management and funding strategies that could be implemented by Federal, State, Tribal, and private land managers and owners on all land management types to address the invasion of Salt Cedar and Russian Olive. The report shall also identify deficiencies or areas for further study and where actual field demonstrations would be useful in the control effort. (2) Submission.--The Secretaries shall submit the report to the Committee on Resources and the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate. (d) Support for Identification of Long-Term Management and Funding Strategies.--The Secretaries may make grants to institutions of higher education or nonprofit organizations (or both) with an established background and expertise in the public policy issues associated with the control of Salt Cedar and Russian Olive to obtain technical experience, support, and recommendations related to the identification of the long-term management and funding strategies required to be included in the report under subsection (c)(1). Each grant awarded under this subsection may not be less than $250,000. SEC. 4. DEMONSTRATION PROGRAM FOR CONTROL OF SALT CEDAR AND RUSSIAN OLIVE IN WESTERN STATES. (a) Demonstration Projects.-- (1) Projects required.--Based on the results of the assessment and report in section 3, the Secretaries shall initiate a program of not fewer than three demonstration projects in the Western United States designed to address the deficiencies and areas for further study to address the invasion of Salt Cedar and Russian Olive, including the test of additional control methods, identified by the report. (2) Implementation.--The Secretaries may enter into an agreement with a State in the Western United States to carry out a demonstration project. If the Secretaries select a demonstration project for implementation on National Forest System lands, the Secretary of Agriculture shall be responsible for implementation of the project. (b) Elements of Projects.-- (1) Design and scale.--Each demonstration project shall be designed with integrated methods and adaptive management strategies and carried out over time frames and spatial scales large enough to accomplish the goals laid out in the report. (2) Scientific review.--Before being carried out, the methods and strategies proposed for each demonstration project shall be subject to review by scientific experts, including non-Federal experts, selected by the Secretaries. The Secretaries may use existing scientific review processes to the extent they comply with this requirement. (c) Project Costs and Cost Sharing.--The total cost of each demonstration project may not exceed $7,000,000, including the costs of planning, design, implementation, revegetation, maintenance, and monitoring. In the case of a demonstration project conducted on lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, the Secretaries may accept, but not require, funds or in-kind contributions, including State agency provided services. The Federal share of the costs of any activity on private lands funded under the project shall be no more than 75 percent of the total cost of the activity. (d) Reporting Requirement.--During the period in which the demonstration projects are carried out, the Secretaries shall submit to the congressional committees specified in section 3(c)(2) an annual report describing-- (1) the demonstration projects; (2) the progress made in carrying out the projects during the period covered by the report; and (3) the costs of the projects under subsection (c). (e) Monitoring.--Demonstration projects shall include the following: (1) Documentation of the quantity of water saved due to various control methods, including the portion of water saved that returns to surface water or groundwater supplies and at what rates. (2) Optimal revegetative states to prevent the regrowth and reintroduction of Salt Cedar and Russian Olive and to reestablish native species. (f) Cooperation.--The Secretaries shall use the expertise of their various agencies, as well as other Federal agencies, institutions of higher education, State and local governments and political subdivisions thereof, including soil and water conservation districts, and Indian tribes, which are actively conducting assessments on or implementing Salt Cedar and Russian Olive control activities. SEC. 5. RELATION TO OTHER AUTHORITY. Nothing in this Act shall be construed to affect, or otherwise bias, the use by the Secretaries of other statutory or administrative authorities to plan or conduct Salt Cedar or Russian Olive control and eradication that is not planned or conducted under this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Assessment.--There are authorized to be appropriated to the Secretaries $5,000,000 for fiscal year 2005 to conduct the assessment required by section 3. (b) Grants.--There are authorized to be appropriated to the Secretaries $1,000,000 for fiscal year 2005 to award as grants under section 3(d). (c) Demonstration Projects.--There are authorized to be appropriated to the Secretaries $18,000,000 for each of the fiscal years 2005 through 2009 to carry out the program of demonstration projects under section 4.

Salt Cedar and Russian Olive Control Assessment and Demonstration Act - Directs the Secretary of of Agriculture, in cooperation with the Secretary of the Interior, to assess the extent of Salt Cedar and Russian Olive invasion in the western United States. Directs the Secretaries to submit a report containing the results of such assessment and identifying: (1) long-term management and funding strategies; and (2) deficiencies or areas for further study and where actual field demonstrations would be useful in the control effort. Authorizes the Secretaries to make grants to institutions of higher education or nonprofit organizations (or both) in order to obtain technical experience, support, and recommendations related to the identification of the long-term management and funding strategies required to be included in such report. Directs the Secretaries to initiate a program of at least three demonstration projects in the western States designed to address deficiencies and areas for further study to address the invasion of Salt Cedar and Russian Olive. Sets forth required project elements.

To provide for an assessment of the extent of the invasion of Salt Cedar and Russian Olive on lands in the Western United States and efforts to date to control such invasion on public and private lands, including tribal lands, to establish a demonstration program to address the invasion of Salt Cedar and Russian Olive, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Authorized Rural Water Projects Completion 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. TITLE I--RECLAMATION RURAL WATER CONSTRUCTION AND SETTLEMENT IMPLEMENTATION FUND Sec. 101. Establishment. Sec. 102. Accounts. Sec. 103. Deposits to Fund. Sec. 104. Expenditures from Fund. Sec. 105. Investments of amounts. Sec. 106. Transfers of amounts. Sec. 107. Termination. TITLE II--RURAL WATER PROJECTS Sec. 201. Rural water projects. Sec. 202. Restrictions. TITLE III--RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION Sec. 301. Reclamation infrastructure and settlement implementation. SEC. 2. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the Reclamation Rural Water Construction and Settlement Implementation Fund established by section 101. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (3) Rural water project.--The term ``rural water project'' means a project that is designed to provide domestic, industrial, municipal, or residential water to a small community or group of small communities, including Indian tribes and tribal organizations. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. TITLE I--RECLAMATION RURAL WATER CONSTRUCTION AND SETTLEMENT IMPLEMENTATION FUND SEC. 101. ESTABLISHMENT. There is established in the Treasury of the United States a fund, to be known as the ``Reclamation Rural Water Construction and Settlement Implementation Fund'', consisting of-- (1) such amounts as are deposited in the Fund under section 103; and (2) any interest earned on investment of amounts in the Fund under section 105. SEC. 102. ACCOUNTS. Within the Fund, there are established the following accounts: (1) The Rural Water Project Account. (2) The Reclamation Infrastructure and Settlement Implementation Account. SEC. 103. DEPOSITS TO FUND. (a) In General.--For each of fiscal years 2018 through 2038, the Secretary of the Treasury shall deposit in the Fund $115,000,000 of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), of which-- (1) $80,000,000 for each fiscal year shall be deposited in the Rural Water Project Account established by section 102(1); and (2) $35,000,000 for each fiscal year shall be deposited in the Reclamation Infrastructure and Settlement Implementation Account established by section 102(2). (b) Availability of Amounts.--Amounts deposited in the Fund under subsection (a) shall-- (1) be made available in accordance with this section, without further appropriation; and (2) be in addition to amounts appropriated for rural water projects and the implementation of reclamation infrastructure and settlements under any other provision of law. (c) Limitation.--Notwithstanding subsections (a) and (b), no amounts may be deposited in, or made available from, the Fund under those subsections if the transfer or availability of the amounts would increase the deficit. SEC. 104. EXPENDITURES FROM FUND. (a) In General.--Subject to subsection (b), for each of fiscal years 2018 through 2038, the Secretary may expend from the Fund, in accordance with this Act, not more than the sum of-- (1) $115,000,000, to be allocated from the amounts in the accounts specified in section 102; and (2) the amount of interest accrued in the Fund within each account for the fiscal year in which the expenditures are made, with the interest accrued within each account used only for expenditures from that account. (b) Additional Expenditures.-- (1) In general.--The Secretary may expend more than $115,000,000 for any fiscal year referred to in subsection (a) if the additional amounts are available in the Fund as a result of a failure of the Secretary to expend all of the amounts available under subsection (a) in 1 or more prior fiscal years. (2) Retention in accounts.--Any additional amounts referred to in paragraph (1) shall-- (A) be retained within the account to which the amounts were designated; (B) accrue interest for the designated account in accordance with this title; and (C) only be expended for the purposes for which expenditures from the designated accounts are authorized. SEC. 105. INVESTMENTS OF AMOUNTS. (a) In General.--The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. (b) Credits to Fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund. SEC. 106. TRANSFERS OF AMOUNTS. (a) In General.--The amounts required to be transferred to the Fund under this title shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (b) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of, or less than, the amounts required to be transferred. SEC. 107. TERMINATION. On September 30, 2038-- (1) the Fund shall terminate; and (2) the unexpended and unobligated balance of the Fund shall be transferred to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093). TITLE II--RURAL WATER PROJECTS SEC. 201. RURAL WATER PROJECTS. Subject to section 202, for each of fiscal years 2018 through 2038, the Secretary may use not less than $80,000,000 of the amounts available in the Rural Water Project Account established by section 102(1) to complete construction of rural water projects-- (1) authorized to be carried out by the Secretary on or before the date of enactment of this Act; or (2) for which-- (A) pursuant to section 106(e) of the Rural Water Supply Act of 2006 (43 U.S.C. 2405(e)), a feasibility study has been submitted to the Secretary by February 27, 2015; and (B) an Act of Congress after the date of enactment of this Act has authorized the construction of the project. SEC. 202. RESTRICTIONS. (a) No Operation and Maintenance Costs.--The Secretary shall not use any amounts from the Fund to pay for operation and maintenance costs of a rural water project authorized under section 201. (b) Conditions.--The Secretary shall not expend any amounts from the Fund to carry out this title until the date on which the Secretary develops-- (1) programmatic goals to carry out this title that-- (A) would enable the completion of construction of the authorized rural water projects as expeditiously as practicable; and (B) reflect-- (i) the goals and priorities identified in the laws authorizing the authorized rural water projects; and (ii) the goals of the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.); and (2) funding prioritization criteria to serve as a methodology for distributing funds under this title that take into account-- (A) an evaluation of the urgent and compelling need for potable water supplies in the affected rural and tribal communities; (B) the status of the current stages of completion of the authorized rural water project; (C) the financial needs of the affected rural and tribal communities; (D) the potential economic benefits of the expenditures on job creation and general economic development in the affected rural and tribal communities; (E) the ability of the authorized rural water project to address regional and watershed level water supply needs; (F) the ability of the authorized rural water project-- (i) to minimize water and energy consumption; and (ii) to encourage the development of renewable energy resources, such as wind, solar, and hydropower elements; (G) the need for the authorized rural water project to address-- (i) the needs of Indian tribes and members of Indian tribes; and (ii) other community needs or interests; and (H) such other factors as the Secretary determines to be appropriate to prioritize the use of available funds. TITLE III--RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION SEC. 301. RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION. Consistent with section 104, for each of fiscal years 2018 through 2038, the Secretary shall use not less than $35,000,000, plus accrued interest, of the amounts authorized to be expended from the Reclamation Infrastructure and Settlement Implementation Account established by section 102(2)-- (1) to provide compensation authorized under an Act of Congress to extinguish or otherwise resolve all monetary claims of an Indian tribe against the United States relating to the continued and past use of the land of the Indian tribe by the United States for the generation of hydropower; or (2) to complete construction, planning, and design of projects and implement provisions authorized under 1 or more Acts of Congress that-- (A) settle or otherwise resolve, in whole or in part, litigation involving the United States and the rights of 1 or more Indian tribes to access, use, or manage water resources; or (B) implement agreements approved by Congress pursuant to which 1 or more Indian tribes agree to some limitation on the exercise of rights or claims to access, use, or manage water resources.

Authorized Rural Water Projects Completion Act This bill establishes the Reclamation Rural Water Construction and Settlement Implementation Fund, which shall consist of the Rural Water Project Account and the Reclamation Infrastructure and Settlement Implementation Account. The Department of the Treasury shall deposit into such accounts for each of FY2018-FY2038 specified revenues that would otherwise be deposited in the reclamation fund established by the Reclamation Act of 1902. The bill permits the Department of the Interior to use specified Rural Water Project Account funds to complete construction of rural water projects: (1) authorized before this bill's enactment, or (2) for which a feasibility study was submitted by February 27, 2015, pursuant to the Rural Water Supply Act of 2006 and for which Congress authorizes construction after enactment of this bill. Interior may not expend any amounts from the fund to carry this out until development of: (1) programmatic goals that would enable the completion of construction of the authorized rural water projects as expeditiously as practicable and that reflect the priorities identified in the laws authorizing the projects; and (2) funding prioritization criteria to serve as a methodology for distributing funds that take into account specified factors, including the need for potable water supplies in the affected rural and tribal communities. Interior shall use specified Reclamation Infrastructure and Settlement Implementation Account funds to: (1) provide authorized compensation to resolve all monetary claims of an Indian tribe against the United States relating to use of tribal land by the United States for the generation of hydropower; or (2) complete projects and implement provisions authorized by Congress that resolve litigation involving the United States and the water rights of Indian tribes or that implement approved agreements limiting such rights.

Authorized Rural Water Projects Completion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Refugee Resettlement Reform and Modernization Act of 2011''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The United States has enhanced and accelerated its efforts to resettle Iraqi refugees since 2007. (2) Resettlement in the United States remains an important option for Iraqi refugees, many of whom are living in Syria and Jordan and lack legal status or access to health care. (3) Many of these refugees are victims of torture and persecution, or were forced to flee because of support they gave to American military operations. (4) Refugees are often a product of human rights atrocities and war, making them likely to have suffered traumatic events which require the United States to offer them protection and meet their needs once they arrive here. (5) In fiscal year 2008, 13,822 Iraqi refugees were resettled in the United States, and nearly 17,000 were resettled in fiscal year 2009. (6) Upon arrival in the United States, there is authorized 36 months of cash and medical assistance available to refugees, as well as access to social services, such as job placement, from the Office of Refugee Resettlement, but in practice refugees receive only 8 months of cash and medical assistance. (7) When given adequate support through the resettlement system, refugees can successfully become self-sufficient and contribute positively to their communities. (8) Like millions of Americans, refugees are negatively impacted by the recession, and a recent report by the Georgetown Law Center indicated that in some areas as few as 10 percent of refugees have obtained employment at the end of the 8-month benefit period. (9) State refugee offices and voluntary agencies lack the resources and data to increase staffing levels to accommodate the large number of refugees in need of services. (10) ORR funding formulas are retroactive in nature, using refugee admission data from the prior 3 years, so that large increases in refugee admissions are not adequately reflected in the amount of resources provided by ORR. (11) The United States resettlement policy assumes refugees will be able to quickly become self-sufficient, while specifically offering resettlement to individuals who have specific vulnerabilities that inhibit their ability to achieve self-sufficiency and integrate into society. (12) Some refugees will have mental health difficulties associated with trauma or torture and this is one of the significant barriers to self-sufficiency and integration into a community when it is not addressed with adequate and appropriate services. (13) Secondary migration is not properly tracked, and resources are not available for States and agencies experiencing high levels of secondary migration. (14) Refugee services are provided by national resettlement agencies, community-based organizations, charities, and nonprofits and coordinated locally by State refugee programs, and all the organizations should be supported in their mission to provide refugee services. SEC. 3. DEFINITIONS. In this Act: (1) National resettlement agency.--The term ``national resettlement agency'' means voluntary agencies contracting with the State Department to provide sponsorship and initial resettlement services to refugees entering the United States. (2) Community based organization.--The term ``community based organization'' means a nonprofit organization providing a variety of social, health, educational and community services to a population that includes refugees resettled into the United States. (3) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. SEC. 4. EFFECTIVE DATE. This Act shall take effect on the date that is 90 days after the date of enactment of this Act. SEC. 5. ASSESSMENT OF THE REFUGEE DOMESTIC RESETTLEMENT PROGRAM. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement. (b) Matters To Be Studied.--In the study required under subsection (a), the Comptroller General shall determine and analyze the following: (1) How the Office of Refugee Resettlement defines self- sufficiency and if this definition is adequate in addressing refugee needs in the United States. (2) The effectiveness of the Office of Refugee Resettlement programs in helping refugees to meet self-sufficiency and an analysis of the unmet needs of the program. (3) An evaluation of the Office of Refugee Resettlement's budgetary resources and projection of the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency. (4) The role of community based organizations in serving refugees in areas experiencing a high number of new refugee arrivals. (5) An analysis of how community based organizations can be better utilized and supported in the Federal domestic resettlement process. (6) Recommendations on statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under paragraphs (1) through (5). (c) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit the results of the study required under subsection (a) to the Congress. SEC. 6. ELEVATION OF THE OFFICE OF REFUGEE RESETTLEMENT. (a) In General.--Section 411(a) of the Immigration and Nationality Act (8 U.S.C. 1521(a)) is amended by striking the second sentence and inserting the following: ``The head of the Office of Refugee Resettlement in the Department of Health and Human Services shall be an Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement (hereinafter in this chapter referred to as the `Assistant Secretary'), to be appointed by the President, and to report directly to the Secretary.''. (b) Conforming Amendments.-- (1) Section 411(b) of the Immigration and Nationality Act (8 U.S.C. 1521(b)) is amended by striking ``Director'' and inserting ``Assistant Secretary''. (2) Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by striking ``Director'' each place it appears and inserting ``Assistant Secretary''. (3) Section 413 of the Immigration and Nationality Act (8 U.S.C. 1523) is amended by striking ``Director'' each place it appears and inserting ``Assistant Secretary''. (4) Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) is amended by striking ``Director'' each place it appears and inserting ``Assistant Secretary''. (c) References.--Any reference to the Director of the Office of Refugee Resettlement in any other Federal law, Executive order, rule, regulation, operating instruction, or delegation of authority, or any document of or pertaining to the Department of Health and Human Services or the Office of Refugee Resettlement that refers to the Director of the Office of Refugee Resettlement, shall be deemed to refer to the Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. SEC. 7. REFUGEE ASSISTANCE. (a) Amendments to the Social Services Funding.--Section 412(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1522(c)(1)(B)) is amended to read as follows: ``(B) The funds available for a fiscal year for grants and contracts under subparagraph (A) shall be allocated among the States based on a combination of the total number or refugees (including children and adults) who arrived in the United States not more than 36 months before the beginning of such fiscal year and who are actually residing in each State (taking into account secondary migration) as of the beginning of the fiscal year, the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year, and projections on the number and nature of incoming refugees and other populations served by the Office during the subsequent fiscal year.''. (b) Report on Secondary Migration.--Section 412(a)(3) of the Immigration and Nationality Act (814 U.S.C. 1522(a)(3)) is amended by striking the word ``periodic'' to ``annual'' and by adding at the end the following: ``At the end of each fiscal year, the Assistant Secretary shall present a report on these findings to the Congress. The information in the report shall include, but is not limited to, States experiencing departures and arrivals due to secondary migration, likely reasons for migration, the impact of secondary migration on States hosting secondary migrants, availability of social services for secondary migrants in those States, and unmet needs of those secondary migrants.''. (c) Assistance Made Available to Secondary Migrants.--Section 412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1)) is amended by adding at the end the following: ``(C) When providing such assistance, the Assistant Secretary shall ensure that such assistance is provided to refugees who are secondary migrants and meet all other eligibility requirements for such services.''. (d) Notice and Rulemaking.--Not later than 90 days after the date of enactment of this Act, but in no event later than 30 days before the effective date of the amendments made by this section, the Assistant Secretary shall issue a proposed rule of the new formula by which grants and contracts are to be allocated pursuant to the amendments made by subsection (c), and solicit public comment. (e) Effective Date.--The amendment made by this section shall become effective on the first day of the first fiscal year that begins after the date of enactment of this Act. SEC. 8. RESETTLEMENT DATA. The Assistant Secretary shall expand the Office of Refugee Resettlement's data analysis, collection, and sharing activities in accordance with the following provisions: (1) Data on mental and physical medical cases.--The Assistant Secretary shall coordinate with the Centers for Disease Control, national resettlement agencies, community based organizations, and State refugee health programs to track national and State trends on refugees arriving with Class A medical conditions and other urgent medical needs. The Assistant Secretary shall utilize initial refugee health screening data, including history of severe trauma, torture, mental health symptoms, depression, anxiety and PTSD, recorded during domestic and international health screenings, and Refugee Medical Assistance utilization rate data in collecting this information. (2) Data on housing needs.--The Assistant Secretary shall partner with State refugee programs, community based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees. This data should include the number of refugees who have become homeless and the number at severe risk of becoming homeless. (3) Data on refugee employment and self-sufficiency.--The Assistant Secretary shall gather longitudinal information relating to refugee self-sufficiency and employment status for the period of 1-3 years post-arrival. (4) Availability of data.--The data collected under this section shall be updated annually and the Assistant Secretary shall submit a report to the Congress containing that updated data.

Domestic Refugee Resettlement Reform and Modernization Act of 2011 - Directs the Comptroller General to conduct a study regarding the effectiveness of the Office of Refugee Resettlement's domestic refugee resettlement programs. Amends the Immigration and Nationality Act to establish as head of the Office an Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. (Currently, the head of such Office is a Director.) Revises the refugee grant and contract assistance allocation formula. Directs the Assistant Secretary to: (1) report to Congress regarding states experiencing departures and arrivals due to secondary migration; and (2) expand the Office's data analysis, collection, and sharing activities to include data on mental and physical medical cases, housing needs, and refugee employment.

To reform and modernize domestic refugee resettlement programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``John F. Kennedy Centennial Commission Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``John F. Kennedy Centennial Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) plan, develop, and carry out such activities as the Commission considers fitting and proper to honor John F. Kennedy on the occasion of the 100th anniversary of his birth; (2) provide advice and assistance to Federal, State, and local governmental agencies, as well as civic groups to carry out activities to honor John F. Kennedy on the occasion of the 100th anniversary of his birth; (3) develop activities that may be carried out by the Federal Government that are fitting and proper to honor John F. Kennedy on the occasion of the 100th anniversary of his birth; and (4) submit to the President and Congress reports pursuant to section 7. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members as follows: (1) The Secretary of the Interior. (2) Four members appointed by the President after considering the recommendations of the Board of Trustees of the John F. Kennedy Library Foundation. (3) Two Members of the House of Representatives appointed by the Speaker of the House of Representatives. (4) One Member of the House of Representatives appointed by the minority leader of the House of Representatives. (5) Two Members of the Senate appointed by the majority leader of the Senate. (6) One Member of the Senate appointed by the minority leader of the Senate. (b) Ex Officio Member.--The Archivist of the United States shall serve in an ex officio capacity on the Commission to provide advice and information to the Commission. (c) Terms.--Each member shall be appointed for the life of the Commission. (d) Deadline for Appointment.--All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (e) Vacancies.--A vacancy on the Commission shall-- (1) not affect the powers of the Commission; and (2) be filled in the manner in which the original appointment was made. (f) Rates of Pay.--Members shall not receive compensation for the performance of their duties on behalf of the Commission. (g) Travel Expenses.--Each member of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission while away from home or his or her regular place of business, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum to conduct business, but two or more members may hold hearings. (i) Chairperson.--The chairperson of the Commission shall be elected by a majority vote of the members of the Commission. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) Director and Staff.--The Commission shall appoint an executive director and such other additional employees as are necessary to enable the Commission to perform its duties. (b) Applicability of Certain Civil Service Laws.--The executive director and employees 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 such title relating to classification and General Schedule pay rates, except that the rate of pay for the executive director and other employees may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (c) Detail of Federal Employees.--Upon request of the Commission, the Secretary of the Interior or the Archivist of the United States may detail, on a reimbursable basis, any of the employees of that department or agency to the Commission to assist it in carrying out its duties under this Act. (d) Experts and Consultants.--The Commission may procure such temporary and intermittent services as are necessary to enable the Commission to perform its duties. (e) Volunteer and Uncompensated Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. SEC. 6. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) 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. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this Act. Upon request of the chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, Devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or property, both real and personal, for the purpose of aiding or facilitating its work. (e) Available Space.--Upon the request of the Commission, the Administrator of General Services shall make available nationwide to the Commission, at a normal rental rate for Federal agencies, such assistance and facilities as may be necessary for the Commission to carry out its duties under this Act. (f) Contract Authority.--The Commission may enter into contracts with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act. SEC. 7. REPORTS. (a) Annual Reports.--The Commission shall submit to the President and the Congress annual reports on the revenue and expenditures of the Commission, including a list of each gift, bequest, or devise to the Commission with a value of more than $250, together with the identity of the donor of each gift, bequest, or devise. (b) Interim Reports.--The Commission may submit to the President and Congress interim reports as the Commission considers appropriate. (c) Final Report.--Not later than August 31, 2017, the Commission shall submit a final report to the President and the Congress containing-- (1) a summary of the activities of the Commission; (2) a final accounting of funds received and expended by the Commission; and (3) the findings, conclusions, and final recommendations of the Commission. SEC. 8. TERMINATION. The Commission may terminate on such date as the Commission may determine after it submits its final report pursuant to section 7(c), but not later than September 30, 2017. SEC. 9. ANNUAL AUDIT. The Inspector General of the Department of the Interior may perform an audit of the Commission, shall make the results of any audit performed available to the public, and shall transmit such results 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. SEC. 10. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS. No Federal funds may be obligated to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. The expanded summary of the House passed version is repeated here.) John F. Kennedy Centennial Commission Act (Sec. 2) This bill establishes the John F. Kennedy Centennial Commission, which shall: plan, develop, and carry out activities to honor John F. Kennedy on the occasion of the 100th anniversary of his birth; and provide advice and assistance to federal, state, and local governmental agencies and civic groups to carry out activities to honor Kennedy on such occasion. (Sec. 7) The commission shall submit to the President and Congress annual reports on its revenue and expenditures, such interim reports as appropriate, and a final report by August 31, 2017. (Sec. 8) The commission shall terminate by September 30, 2017. (Sec. 9) The Inspector General of the Department of the Interior may perform an audit of the commission.

John F. Kennedy Centennial Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States China Policy Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The economic, social, political, and cultural welfare of the people of China, who constitute one-fifth of the world's population, is a matter of global humanitarian concern. (2) By virtue of its size, its economic vitality, its status as a nuclear power, and its role as a permanent member of the United Nations Security Council, China plays a significant role in world affairs. (3) The United States policy toward China involves balancing multiple interests, including promoting human rights and democracy, securing China's strategic cooperation in Asia and the United Nations, protecting United States national security interests, controlling the proliferation of weapons of mass destruction, promoting a peaceful and democratic transition in Hong Kong, and expanding United States economic contact with China. (4) United States policy toward China must include as a key objective the promotion of internationally recognized human rights. Specific priorities and methods should be appropriate to the circumstances. Engagement with China rather than its isolation is more likely to foster United States interests. (5) The opening of China to the West, the adoption of free market economic reforms, the emergence of a strong and entrepreneurial economy that ensures the rise of a Chinese middle class; all have led to expanded individual freedom, a weakening of state control over personal expression, access to the media in the United States, Hong Kong, and the West, and major improvements in living standards for the Chinese people. (6) United States policies that encourage economic liberalization and increased contact with the United States and other democracies foster respect for internationally recognized human rights and can contribute to civil and political reform in China. (7) The President's policy statement of May 26, 1994, provides a sound framework for expanding and extending the relationship of the United States with China while continuing the commitment of the United States to its historic values. The United States must develop a comprehensive and coherent policy toward China that addresses the complex and fast-changing reality in that country and promotes simultaneously the human rights, diplomatic, economic, and security interests of the United States toward China. (8) The United States has an interest in a strong, stable, prosperous, and open China whose government contributes to international peace and security and whose actions are consistent with the responsibilities of great power status. Whether those expectations are met will determine the breadth, depth, and tone of the United States-China bilateral relationship. (9) Peace and economic progress in East Asia is best assured through a web of cooperative relations among the countries of the region, including China and the United States. The emergence of a militarily powerful China that seeks to dominate East Asia would be regarded as a matter of serious concern by the United States and by other countries in the Asia-Pacific region. (10) Yet China's performance has been uneven on a number of issues of concern to the United States. In particular, the Chinese Government has failed to observe internationally recognized human rights. In this regard the Congress makes the following declarations: (A) The Chinese Government itself has made commitments to observe universal human rights norms. (B) Human rights have universal application and are not solely defined by culture or history. (C) Chinese policies of particular concern to the United States are the criminalization of dissent, the inhumane treatment in prisons, and the serious repression in non-Han-Chinese areas like Tibet. (11) Genuine political stability in China and greater respect for internationally recognized human rights, as well as continued economic growth and stability, will only occur in China as a result of a strengthened legal system (based on the rule of law and property rights), the emergence of a civil society, and the creation of political institutions that are responsive to public opinion and the interests of social groups. (12) China has entered a major transition in its political history which will determine the nature of the domestic system, including respect for internationally recognized human rights, and the Chinese Government's foreign policy. The Chinese Government should accelerate the process of reform of all aspects of Chinese society. (13) Existing official bilateral and multilateral institutions provide useful venues for engagement with China concerning the rule of law, civil society, respect for internationally recognized human rights, and political institutions that provide humane and effective governance. (14) American nongovernmental and business organizations, in their various forms of engagement in China, have contributed in that country to the initial emergence of civil society, the strengthening of the legal system, and the expansion of economic autonomy. SEC. 3. RECOMMENDATIONS FOR IMPLEMENTATION OF UNITED STATES POLICY. Congress affirms the President's policy and makes the following recommendations for the conduct of United States policy toward China: (1) The United States should continue a steady and comprehensive policy of pressing for increased Chinese adherence to international norms, especially those concerning internationally recognized human rights. (2) Of particular concern to the United States are the following: (A) The accounting and release of political prisoners. (B) Access to Chinese prisoners by international humanitarian organizations. (C) Negotiations between the Chinese Government and the Dalai Lama on Tibetan issues. (3) The official dialogue with the Chinese Government on human rights issues should continue and be intensified. (4) As he considers appropriate, the President should use other available modes of official interaction with China to pursue initiatives that are relevant to promoting increased respect for human rights in China. (5) The United States should expand broadcasting to China, through the Voice of America and Radio Free Asia. (6) The United States should work through available multilateral fora, such as the United Nations Human Rights Commission, to express concerns about human rights in China and to encourage Chinese adherence to, and compliance with, international human rights instruments. At all appropriate times, the United States should work toward and support joint actions to address significant problems. In particular, the United States should seek to secure the participation of other governments in overtures to secure the accounting and release of political prisoners, to encourage access to Chinese prisoners by international humanitarian organizations and negotiations between the Chinese Government and the Dalai Lama. (7) Where possible, the United States should take further steps to foster in China the rule of law, the creation of a civic society, and the emergence of institutions that provide humane and effective governance. (8) To better carry out the recommendation in paragraph (7), the Secretary of State should encourage United States posts in China to increase reporting on the human rights situation, the rule of law, civil society, and other political developments in China, and to increase appropriate contacts with domestic nongovernmental organizations. (9) United States non-governmental organizations should continue and expand activities that encourage the rule of law, the emergence of a civic society, and the creation of institutions that provide humane and effective governance. (10) When considering the termination of the suspensions of United States Government activities enacted in section 902(a) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, the President should explore whether such terminations could be used to elicit specific steps by the Chinese government to enhance respect for internationally recognized human rights or correct abuses of such rights. SEC. 4. UNITED STATES GOVERNMENT PROGRAMS SUPPORTING HUMAN RIGHTS IN CHINA. (a) Statement of Policy.--Concerning the promotion of human rights in China, it shall be the policy of the United States to promote the following objectives: (1) An effective legal system, based on the rule of law. (2) Respect for internationally recognized human rights. (3) The emergence of civil society. (4) The creation of institutions that provide humane and effective governance. (b) Factors.--In determining how to carry out the objectives stated in subsection (a), the President should consider the following factors: (1) The circumstances under which it is appropriate to provide support to organizations and individuals in China. (2) The circumstances under which it is appropriate to provide financial support, including through the following means: (A) Directly by the United States Government. (B) Through United States nongovernmental organizations which have established a sound record in China. (3) The extent to which the objectives of subsection (a) should be promoted through exchanges, technical assistance, grants to organizations, and scholarships for advanced study in the United States. (4) How to assure accountability for funds provided by the United States Government. (c) Authorization of Appropriations for Fiscal Year 1995.-- (1) Of the amounts authorized to be appropriated for education and cultural exchange programs of the United States Information Agency for fiscal year 1995, up to $1,000,000 is authorized to be available for programs to carry out the objectives of subsection (a). (2) In addition to such amounts as may otherwise be made available for broadcasting to China for fiscal year 1995, of the amounts authorized to be appropriated for international broadcasting for fiscal year 1995, an additional $5,000,000 may be used for broadcasting to China. SEC. 5. INTERNATIONAL HUMANITARIAN ORGANIZATIONS. It is the sense of Congress that, in the event that international humanitarian organizations undertake activities in China related to the treatment of prisoners, the President should make available an additional contribution to those organizations to support such activities. SEC. 6. PRINCIPLES TO GOVERN THE ACTIVITIES OF UNITED STATES BUSINESS IN CHINA. (a) In General.--Congress endorses President Clinton's efforts to work with the leaders of the United States business community to develop voluntary principles that could be adapted by United States companies doing business in China to further advance human rights and commends United States companies that have previously adopted such principles or are considering taking such action. (b) Other Countries.--Congress urges the President to encourage other governments to adopt similar principles to govern the activities of their business organizations with activities in China. SEC. 7. PERIODIC REPORTS. Not more than 180 days after the date of the enactment of this Act and annually for the 2 subsequent years, the President shall submit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate, a report (in a classified form in whole or in part as necessary) which reviews for the preceding 12-month period those activities supported by the United States Government to promote the objectives stated in section 4(a). SEC. 8. COMMISSION ON LAW AND SOCIETY IN CHINA. The President is authorized to establish a United States commission on law and society in the People's Republic of China to undertake the following responsibilities and such other duties as the President considers appropriate: (1) To monitor developments in China with respect to the following: (A) The development of the Chinese legal system. (B) The emergence of civil society. (C) The development of institutions that provide humane and effective governance. (2) To engage in an ad hoc dialogue with Chinese individuals and nongovernmental organizations who have an interest in the subjects indicated in paragraph (1). (3) To report to the President and to the Congress the commission's findings regarding the subjects identified in paragraph (1) and its discussions with Chinese individuals and organizations concerning those subjects. (4) To make recommendations to the President on United States policy toward China in promoting the objectives identified in section 4(a). (5) To assess and report to the President and the Congress on whether the creation of a United States-China Commission on Law and Society would contribute to the objectives identified in section 4(a). HR 4891 IH----2

United States China Policy Act of 1994 - Affirms the President's policy and makes specified recommendations for the conduct of U.S. policy toward China, including those for promoting human rights. Makes it U.S. policy to promote: (1) an effective legal system based on the rule of law; (2) respect for human rights; (3) the emergence of civil society; and (4) the creation of institutions that provide humane and effective governance. Earmarks U.S. Information Agency funds to carry out such objectives. Makes additional funds available for international broadcasting to China. Expresses the sense of the Congress that, in the event that international humanitarian organizations undertake activities in China related to the treatment of prisoners, the President should make available an additional contribution to such organizations to support such activities. Endorses President Clinton's efforts to work with U.S. business leaders to develop voluntary principles to advance human rights in China and commends U.S. companies that have adopted such principles. Urges the President to encourage other governments to adopt similar principles. Authorizes the President to establish a U.S. commission on law and society in the People's Republic of China.

United States China Policy Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Landmine Elimination Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On August 4, 1995, the Senate voted 67-27 to impose a moratorium on United States use of anti-personnel landmines beginning in February 1999. (2) On April 3, 1996, 15 senior retired United States military officers, including the former commanding officers of United States Armed Forces in Korea, the North Atlantic Treaty Organization (NATO), Vietnam, and Desert Storm, urged the President to ban the production, stockpiling, sale, and use of anti-personnel landmines. (3) The generals stated that a ban would be ``humane and militarily responsible'' and that it ``would not undermine the military effectiveness or safety of our forces, nor those of other nations''. (4) In Vietnam, 7,318 United States military personnel were killed, and 56,783 were injured, from landmines. (5) In Bosnia, at least 204 soldiers under United Nations command have been injured, and 20 killed, and at least 55 soldiers under NATO command have been injured, and 9 killed, by landmines. (6) The Department of State estimates that a man, woman, or child is killed or injured by a landmine every 22 minutes. (7) On May 16, 1996, President Clinton declared that the United States would ``aggressively pursue'' an international agreement to ban anti-personnel landmines. (8) On June 7, 1996, the members of the Organization of American States, including the United States, declared the goal of a Western Hemisphere landmine free zone. (9) On June 4, 1997, the members of the Organization of African Unity adopted the goal of the establishment of Africa as an anti-personnel landmine free zone. (10) On October 5, 1996, the Government of Canada announced that it would pursue negotiations on a treaty banning anti- personnel landmines to be completed at Ottawa in December 1997. (11) On December 10, 1996, the United Nations General Assembly passed by a vote of 156-0 (with 10 abstentions), a United States-sponsored resolution to ``pursue vigorously'' a treaty banning the use, stockpiling, production, and transfer of anti-personnel landmines, with a view to completing the negotiation ``as soon as possible''. (12) Formal negotiations on the Ottawa treaty began in Oslo, Norway on September 1, 1997, with a moment of silence in memory of Diana, Princess of Wales, who was a passionate advocate for a total ban on anti-personnel landmines. (13) By exerting its unmatched international influence, the United States could secure broad support for a legally binding international treaty banning anti-personnel landmines. (14) Such a treaty would further United States security and humanitarian interests by deterring the use of anti-personnel landmines against United States Armed Forces and civilians. SEC. 3. RESTRICTION ON NEW DEPLOYMENTS OF ANTI-PERSONNEL LANDMINES. (a) Restriction.--Beginning on January 1, 2000, no funds appropriated or otherwise available to any department or agency of the United States may be obligated or expended for new deployments of anti- personnel landmines. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report describing actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. (c) Consultations.--The Secretary shall consult with individuals having a variety of backgrounds and expertise in preparing the report required under subsection (b). (d) Delay.--The President may delay application of the restriction in subsection (a) with respect to the Korean Peninsula if, not later than January 1, 2000 and each year thereafter, he submits a report to Congress certifying that new deployments of anti-personnel landmines on the Korean Peninsula in the event of a war in Korea or a period of emergency in Korea declared by the President would be indispensable to the defense of the Republic of Korea in such year. (e) Certification Requirements.--The report under subsection (d) shall include a description of efforts made to implement the proposals described in the report submitted under subsection (b) and any similar proposals prepared subsequently by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff. SEC. 4. DEFINITIONS. (a) Definitions.--In this Act-- (1) The term ``anti-personnel landmine'' means any munition placed under, on, or near the ground or other surface area, or delivered by artillery, rocket, mortar, or similar means, or dropped from an aircraft, and which is designed, constructed, or adapted to be detonated or exploded by the presence, proximity, or contact of a person and that will incapacitate, injure, or kill one or more persons. (2) The term ``new deployments of anti-personnel landmines'' means the emplacement or arming of such landmines on or after January 1, 2000. (b) Exclusions.--The term ``anti-personnel landmine'' does not include command-detonated Claymore munitions.

Landmine Elimination Act of 1997 - Prohibits Federal agencies from funding any new deployments of anti-personnel landmines as of January 1, 2000. Directs the Secretary of Defense to report to the Congress on actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. Authorizes the President to delay implementation of the funding proscription with respect to the Korean Peninsula if he certifies annually to the Congress that new deployments of anti-personnel landmines on such Peninsula would be indispensable to the defense of the Republic of Korea.

Landmine Elimination Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm and Ranch Risk Management Act''. SEC. 2. FARM AND RANCH RISK MANAGEMENT ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following new section: ``SEC. 468C. FARM AND RANCH RISK MANAGEMENT ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible farming business, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year to a Farm and Ranch Risk Management Account (hereinafter referred to as the `FARRM Account'). ``(b) Limitation.--The amount which a taxpayer may pay into the FARRM Account for any taxable year shall not exceed 20 percent of so much of the taxable income of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any eligible farming business. ``(c) Eligible Farming Business.--For purposes of this section, the term `eligible farming business' means any farming business (as defined in section 263A(e)(4)) which is not a passive activity (within the meaning of section 469(c)) of the taxpayer. ``(d) FARRM Account.--For purposes of this section-- ``(1) In general.--The term `FARRM Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) All income of the trust is distributed currently to the grantor. ``(E) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Account taxed as grantor trust.--The grantor of a FARRM Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from a FARRM Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (f)(2) (relating to cessation in eligible farming business), and ``(iii) subparagraph (A) or (B) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Paragraph (1)(A) shall not apply to-- ``(A) any distribution to the extent attributable to income of the Account, and ``(B) the distribution of any contribution paid during a taxable year to a FARRM Account to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. ``(3) Exclusion from self-employment tax.--Amounts included in gross income under this subsection shall not be included in determining net earnings from self-employment under section 1402. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any FARRM Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a FARRM Account shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. For purposes of the preceding sentence, income of such an Account shall be treated as a deposit made on the date such income is received by the Account. ``(2) Cessation in eligible farming business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible farming business, there shall be deemed distributed from the FARRM Account (if any) of the taxpayer an amount equal to the balance in such Account at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 2 consecutive taxable years for which the taxpayer is not engaged in an eligible farming business. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(B) Section 408(e)(4) (relating to effect of pledging account as security). ``(C) Section 408(g) (relating to community property laws). ``(D) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a FARRM Account on the last day of a taxable year if such payment is made on account of such taxable year and is made within 3\1/ 2\ months after the close of such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(g) Reports.--The trustee of a FARRM Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by those regulations.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Contributions to farm and ranch risk management accounts.--The deduction allowed by section 468C(a).'' (c) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of such Code (relating to tax on certain excess contributions) is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) a FARRM Account (within the meaning of section 468C(d)), or''. (2) Section 4973 of such Code is amended by adding at the end the following new subsection: ``(g) Excess Contributions to FARRM Accounts.--For purposes of this section, in the case of a FARRM Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the FARRM Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.''. (3) The section heading for section 4973 of such Code is amended to read as follows: ``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.''. (4) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4973 and inserting the following new item: ``Sec. 4973. Excess contributions to certain accounts, annuities, etc.''. (d) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 of such Code (relating to prohibited transactions) is amended by adding at the end the following new paragraph: ``(6) Special rule for farrm accounts.--A person for whose benefit a FARRM Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such Account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a FARRM Account by reason of the application of section 468C(f)(3)(A) to such Account.''. (2) Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) a FARRM Account described in section 468C(d),''. (e) Failure To Provide Reports on FARRM Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 468C(g) (relating to FARRM Accounts).''. (f) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following new item: ``Sec. 468C. Farm and Ranch Risk Management Accounts.''. (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow individuals engaged in eligible farming businesses to deduct from gross income for any taxable year the amount (limited to 20 percent of the individual's taxable income for the year) paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Deems a distribution, subject to income tax, of any deposits not actually distributed within five years, and prescribes an additional penalty tax of ten percent of any such deemed distribution.

Farm and Ranch Risk Management Act

OF COMPLAINT. If, after a formal complaint is filed under section 8, or under the regulations described in section 10(c)(3), the employee and the head of the employing office resolve the issues involved, the employee may withdraw the complaint or the parties may enter into a written agreement, subject to the approval of the Director. SEC. 12. PROHIBITION OF INTIMIDATION. (a) House of Representatives.--Any intimidation of, or reprisal against, an employee of the House of Representatives by any Member, officer, or employee of the House of Representatives, or by the Architect of the Capitol, or anyone employed by the Architect of the Capitol, as the case may be, because of the exercise of a right under this Act constitutes an unlawful employment practice, which may be remedied in the same manner under this Act as is a violation. (b) Senate.--Any intimidation of, or reprisal against, an employee of the Senate by any Member, officer, or employee of the Senate, or by the Architect of the Capitol, or anyone employed by the Architect of the Capitol, as the case may be, because of the exercise of a right under this Act constitutes an unlawful employment practice, which may be remedied in the same manner under this Act as is a violation. SEC. 13. CONFIDENTIALITY. (a) Counseling.--All counseling shall be strictly confidential except that the Office and the employee may agree to notify the head of the employing office of the allegations. (b) Mediation.--All mediation shall be strictly confidential. (c) Hearings.--Except as provided in subsection (d), the hearings, deliberations, and decisions of the hearing board shall be confidential. (d) Release of Records for Judicial Review.--The records and decisions of hearing boards, and the decisions of the Office, may be made public if required for the purpose of judicial review under section 9 or section 10(d). SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESIDENCE. (a) In General.--It shall not be a violation to consider the-- (1) party affiliation; (2) domicile; or (3) political compatibility with the employing office, of an employee with respect to employment decisions. (b) Definition.--For purposes of subsection (a), the term ``employee'' means-- (1) a congressional employee on the staff of the leadership of the House of Representatives or the leadership of the Senate; (2) a congressional employee on the staff of a committee or subcommittee of-- (A) the House of Representatives; or (B) the Senate; (3) a congressional employee on the staff of a Member of the House of Representatives or on the staff of a Senator; (4) an officer of the House of Representatives or Senate, or a congressional employee, who is elected by the House of Representatives or Senate or is appointed by a Member of the House of Representatives or by a Senator, other than an employee described in paragraph (1), (2), or (3); or (5) an applicant for a position that is to be occupied by an individual described in paragraphs (1) through (4). SEC. 15. OTHER REVIEW. No Congressional employee may commence a judicial proceeding to redress practices prohibited under section 4, except as provided in this Act. SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS. (a) Civil Rights Act of 1991.-- (1) Presidential and state employees.--Sections 301 and 302 of the Government Employee Rights Act of 1991 (2 U.S.C. 1201 and 1202) are amended to read as follows: ``SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991. ``(a) Short Title.--This title may be cited as the `Government Employee Rights Act of 1991'. ``(b) Purpose.--The purpose of this title is to provide procedures to protect the right of certain government employees, with respect to their public employment, to be free of discrimination on the basis of race, color, religion, sex, national origin, age, or disability. ``(c) Definition.--For purposes of this title, the term `violation' means a practice that violates section 302 of this title. ``SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED. ``All personnel actions affecting the appointees described in section 303(a)(1) or the individuals described in section 304(a) shall be made free from any discrimination based on-- ``(1) race, color, religion, sex, or national origin, within the meaning of section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16); ``(2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or ``(3) handicap or disability, within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102-104 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112-14).''. (2) Repeals.--Section 117, sections 303 through 319, and sections 322, 324, and 325 of the Civil Rights Act of 1991 (2 U.S.C. 60l, and 1203 et seq.) are repealed. (3) Redesignation.--Sections 320 and 321 of the Civil Rights Act of 1991 (2 U.S.C. 1219 and 1220) are redesignated as sections 303 and 304, respectively. (b) Rule of the House of Representatives.--Rule LI of the House of Representatives is repealed. (c) Fair Labor Standards Amendments of 1989.--Section 8 of the Fair Labor Standards Amendments of 1989 (29 U.S.C. 60k) is repealed. (d) Family and Medical Leave Act of 1993.--Title V of the Family and Medical Leave Act of 1993 (2 U.S.C. 60m et seq.) is repealed. SEC. 17. DEFINITIONS. As used in this Act: (1) Congressional employee.--The term ``congressional employee'' means-- (A) an employee of the House of Representatives; (B) an employee of the Senate; and (C) an employee of an instrumentality. (2) Employee of an instrumentality.--The term ``employee of an instrumentality'' means-- (A) an employee of the Architect of the Capitol (except an employee described in paragraph (3) or (4)(B)), the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, or the United States Botanic Garden; (B) any applicant for a position that will last 90 days or more and that is to be occupied by an individual described in subparagraph (A); or (C) any individual who was formerly an employee described in subparagraph (A) and whose claim of a violation arises out of the employment of the individual by an instrumentality described in subparagraph (A). (3) Employee of the house of representatives.--The term ``employee of the House of Representatives'' means an individual who was eligible to file a formal complaint with the Office of Fair Employment Practice of the House of Representatives under clause 6 of rule LI of the House of Representatives, as in effect on the day before the date of enactment of this Act. (4) Employee of the senate.--The term ``employee of the Senate'' means-- (A) any employee whose pay is disbursed by the Secretary of the Senate; (B) any employee of the Architect of the Capitol who is assigned to the Senate Restaurants or to the Superintendent of the Senate Office Buildings; (C) any applicant for a position that will last 90 days or more and that is to be occupied by an individual described in subparagraph (A) or (B); or (D) any individual who was formerly an employee described in subparagraph (A) or (B) and whose claim of a violation arises out of the individual's Senate employment. (5) Employing office.--The term ``employing office'' means the office headed by a head of an employing office. (6) Head of an employing office.--The term ``head of an employing office'' means the individual who has final authority to appoint, hire, discharge, and set the terms, conditions or privileges of the Senate employment of an employee. (7) Violation.--The term ``violation'' means a violation of a regulation that takes effect under section 4(c). S 1439 IS----2 S 1439 IS----3

Congressional Accountability Act - Makes any provision of Federal law applicable to each employing office and each congressional employee to the extent that it relates to: (1) the terms and conditions of employment (including hiring, promotion or demotion, salary and wages, overtime compensation, benefits, work assignments or reassignments, termination, and family and medical leave) of employees; (2) protection from discrimination in personnel actions, including discrimination based on race, color, religion, sex (including marital and parental status), or national origin within the meaning of the Civil Rights Act of 1964, age within the meaning of the Age Discrimination in Employment Act of 1967, or handicap or disability within the meaning of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990; or (3) the health and safety of employees. Makes applicable to each office of the legislative branch of the Federal Government and the information in the possession of such office, with specified exceptions, any provision of Federal law, including the Freedom of Information Act and the Privacy Act of 1974, to the extent it relates to the availability of information to the public. Establishes an Office of Compliance, in the legislative branch for the Congress, to study and report to the Congress on the application of such laws. Sets forth provisions relating to congressional procedures for approval of the Office's regulations. Requires the Board of Directors of the Office to carry out an information program to inform Members of Congress, congressional employees, and heads of employing offices of the provisions, including remedies, of the laws applicable to the Congress under this Act. Requires the procedure for consideration of alleged violations of such laws to consist of the following steps: (1) counseling; (2) mediation; (3) formal complaint and hearing by a hearing board; and (4) judicial review of a hearing board's decision. Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner under this Act as is a violation of a law made applicable to the Congress. Requires the records and decisions of hearing boards and the decisions of the Office to be made public if required for judicial review. Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices.

Congressional Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flight Attendant Duty Time Act''. SEC. 2. AMENDMENT TO THE FEDERAL AVIATION ACT. (a) In General.--Title VI of the Federal Aviation Act of 1958 (49 U.S.C. App. 1421-1433) is amended by adding at the end thereof the following new section: ``SEC. 614. DUTY TIME OF FLIGHT ATTENDANTS. ``(a) Rulemaking Proceeding.--Not later than 60 days after the date of the enactment of this section, the Secretary shall initiate a rulemaking proceeding for the purpose of establishing limitations on duty time for flight attendants, including minimum rest requirements. ``(b) Final Regulations.--Except in any case in which the prohibitions referred to in subsection (c) take effect, the Secretary shall issue, not later than 240 days after the date of the enactment of this Act, final regulations establishing limitations on duty time for flight attendants, including minimum rest requirements as follows: ``(1) For a domestic flight, a maximum of 14 hours of actual duty time, plus a maximum of 2 additional hours spent deadheading to return to the flight attendant's domicile, and a minimum of at least 10 consecutive hours of rest after each duty period. ``(2) For an international flight, a maximum of 16 hours of actual duty time and minimum of at least 12 consecutive hours of rest after each duty period. ``(3) For a long-range international nonstop flight, a maximum period of actual duty time no more than 4 hours greater than the scheduled duty time, with a maximum period of actual duty time no greater than 20 hours, and a minimum consecutive rest period equal to at least twice the scheduled flight time. ``(4) For all flight attendants, a minimum of eight 24 consecutive hour periods of rest at their domicile per calendar month and at least one 24 hour consecutive period of rest within every 7 days. ``(5) For all flight attendants, at least a continuous 1 hour rest break on any flight scheduled for 8 hours or more of flight time in a designated rest area. ``(c) Mandated Prohibitions.--If the Secretary does not initiate a rulemaking proceeding under subsection (a) before the 60th day following the date of the enactment of this Act or does not issue final regulations under subsection (b) before the 240th day following such date of enactment, no air carrier may after such date operate an aircraft using a flight attendant who has been on duty more hours, or who has had fewer hours of rest, than those required by paragraphs (1) through (5) of subsection (b). ``(d) Modification of Mandated Prohibitions.--The Secretary may issue regulations modifying the prohibitions contained in paragraphs (1) through (5) of subsection (b) if the Secretary determines that such modifications are in the interest of safety and transmits a copy of the modifying regulations to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives. The modifying regulations may not take effect until the expiration of the 90-day period beginning on the date of the transmittal of the modifying regulations to such committees. ``(e) Definitions.--In this section, the following definitions apply: ``(1) Air carrier.--The term `air carrier' means any air carrier which is subject to the provisions of part 121 or part 135 of title 14 of the Code of Federal Regulations. ``(2) Debriefing time.--The term `debriefing time' means a time period of at least 30 minutes for domestic flight and of at least 45 minutes for international flight after the block-in time of the last flight or segment of a flight. ``(3) Designated rest area.--The term `designated rest area' means a passenger seat of an aircraft assigned for crew rest purposes. ``(4) Domestic flight.--The term `domestic flight' means any flight or segment of a flight worked by a flight attendant totally within the 48 contiguous States and the District of Columbia. ``(5) Duty time.--The term `duty time' means all time worked for an air carrier at any place and in any capacity and, with respect to flying, shall begin at the required report time and shall end at the conclusion of the debriefing time, or when released by the carrier, whichever is later. Duty time accrues until the crewmember is given a required rest period by the carrier. Time spent deadheading, either on an aircraft or by surface transportation, to or from an assignment by an air carrier, time spent ferrying, and time spent attending meetings and training shall also be considered duty time. Duty time continues-- ``(A) throughout a rest period of a shorter duration than that contained in subsection (b)(1), (b)(2), or (b)(3), as the case may be; and ``(B) during in-flight rest periods contained in subsection (b)(5). ``(6) International flight.--The term `international flight' means any flight worked by a flight attendant for which a take off or landing is scheduled outside the 48 contiguous States and the District of Columbia. ``(7) Long-range international nonstop flight.--The term `long-range international nonstop flight' means a single nonstop international flight scheduled for 8 hours or more of flight time. ``(8) Report time.--The term `report time' means a time period of at least 30 minutes prior to the scheduled departure time of the first flight or segment of a flight in a flight attendant's duty period or the time the flight attendant is required to report to work, whichever is earlier. ``(9) Rest.--The term `rest' means uninterrupted time free from all duty. ``(10) Scheduled flight time.--The term `scheduled flight time' means the elapsed time based on the time shown in schedules given by an air carrier to a travel agent. ``(11) Secretary.--The term `Secretary' means the Secretary of Transportation.''. (b) Conforming Amendment.--The table of contents contained in the first section of the Federal Aviation Act of 1958 is amended by adding at the end of the matter relating to title VI the following: ``Sec. 614. Duty time of flight attendants. ``(a) Rulemaking proceeding. ``(b) Final regulations. ``(c) Mandated prohibitions. ``(d) Modification of mandated prohibitions. ``(e) Definitions.''.

Flight Attendant Duty Time Act - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to initiate a rulemaking proceeding to establish limitations on duty time for flight attendants. Requires the Secretary to issue final regulations by a specified deadline. Prohibits any air carrier from operating an aircraft using a flight attendant who has been on duty in excess of specified hours or who has had less than a specified number of hours of rest if such regulations have not been promulgated by a certain time. Permits modification of the specified hours of duty if the Secretary determines such modification is in the public interest and submits a copy of the modifying regulations to certain congressional committees.

Flight Attendant Duty Time Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure to unhealthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death. (2) Unintentional carbon monoxide poisoning from motor vehicles and the abnormal operation of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, in residential homes and other dwelling units kills more than 400 people each year and sends more than 20,000 to hospital emergency rooms for treatment. (3) Research shows that purchasing and installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities. (4) Congress should promote the purchase and installation of carbon monoxide alarms in residential homes and dwelling units nationwide in order to promote the health and public safety of citizens throughout the Nation. SEC. 3. DEFINITIONS. In this Act: (1) Approved carbon monoxide alarm.--The term ``approved carbon monoxide alarm'' means a carbon monoxide alarm that complies with the standards published, incorporated, or amended by the Commission with respect to such alarms under this Act. (2) Carbon monoxide alarm.--The term ``carbon monoxide alarm'' means a device that-- (A) detects carbon monoxide; and (B) is intended to alarm at carbon monoxide concentrations below those that could cause a loss of ability to react to the dangers of carbon monoxide exposure. (3) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (4) Dwelling unit.--The term ``dwelling unit'' means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence (including apartment buildings) and each living unit in a mixed use building. (5) Fire code enforcement officials.--The term ``fire code enforcement officials'' means officials of the fire safety code enforcement agency of a State or local government. (6) NFPA 720.--The term ``NFPA 720'' means-- (A) the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the National Fire Protection Association in 2012; and (B) any amended or similar successor standard pertaining to the proper installation of carbon monoxide alarms in dwelling units. SEC. 4. ADOPTION OF CONSUMER PRODUCT SAFETY RULES. (a) Mandatory Standards.--Notwithstanding any other provision of law, not later than 90 days after the date of the enactment of this Act, the Commission shall publish in the Federal Register, as mandatory consumer product safety standards, the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034) and the American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL 2075). Such standards shall take effect on the date that is 1 year after the date on which they are published. (b) Revision of Standards.--Beginning 1 year after the date of the enactment of this Act, if either standard described in subsection (a) is revised through the applicable consensus standards development process-- (1) Underwriters Laboratories shall notify the Commission of the revision; and (2) the revision shall be incorporated in the consumer product safety rule unless the Commission-- (A) determines, not later than 60 days after such notice, that such revision does not carry out the purposes of this Act; and (B) publishes the basis for such determination in the Federal Register. (c) Rulemaking.--Notwithstanding any other provision of this Act, the Commission, at any time subsequent to publication of the consumer product safety standards required under subsection (a), may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to amend either standard to include any provision that the Commission determines is reasonably necessary to ensure the safe and effective operation of carbon monoxide alarms. (d) Treatment of Standards for Purposes of Enforcement.--For purposes of enforcement under the Consumer Product Safety Act, the standards published by the Commission pursuant to subsection (a), including any revision to such standards pursuant to subsection (b) or (c), shall be consumer product safety rules as defined in section 3(a)(6) of such Act (15 U.S.C. 2052(a)(6)). SEC. 5. GRANT PROGRAM FOR CARBON MONOXIDE POISONING PREVENTION. (a) In General.--Subject to the availability of appropriations authorized under subsection (f), the Commission shall establish a grant program to provide assistance to eligible States and local governments to carry out the carbon monoxide poisoning prevention activities described in subsection (d). (b) Eligibility.--To be eligible for a grant under the program, a State or local government shall-- (1) demonstrate to the satisfaction of the Commission that a State or local government has adopted a statute, or a State or local government agency has adopted a rule, regulation, or similar measure with the force and effect of law, requiring approved carbon monoxide alarms to be installed in dwelling units in accordance with NFPA 720; and (2) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require, which application may be filed on behalf of any qualified State or local government by the fire code enforcement officials for such State or local government. (c) Grant Amount; Priority.--The Commission shall determine the amount of the grants awarded under this section, and shall give priority to applications from States or local governments that-- (1) prioritize the installation of approved carbon monoxide alarms in existing dwelling units-- (A) within which a fuel-burning appliance is installed, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel; or (B) which has an attached garage; (2) have developed a strategy to protect vulnerable populations such as children, the elderly, or low-income households; and (3) demonstrate greater than average losses of life from carbon monoxide poisoning in the home. (d) Use of Funds.--A State receiving a grant under this section may use grant funds-- (1) to purchase and install approved carbon monoxide alarms in the dwelling units of low-income families or elderly persons, facilities that commonly serve children or the elderly, including childcare facilities, public schools, and senior centers, or student dwelling units owned by public universities; (2) to train State or local fire code enforcement officials in the proper enforcement of State or local laws concerning approved carbon monoxide alarms and the installation of such alarms in accordance with NFPA 720; (3) for the development and dissemination of training materials, instructors, and any other costs related to the training sessions authorized by this subsection; and (4) to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use. (e) Limitation on Use of Funds.-- (1) Administrative costs.--Not more than 10 percent of any grant funds received under this section may be used to cover administrative costs not directly related to training described in subsection (d)(2). (2) Public outreach.--Not more than 25 percent of any grant funds received under this section may be used to cover costs of activities described in subsection (d)(4). (f) Authorization of Appropriations.--There are authorized to be appropriated to the Commission, for each of the fiscal years 2012 through 2016, $2,000,000, which shall remain available until expended to carry out this Act. Any amounts appropriated pursuant to this subsection that remain unexpended and unobligated on September 30, 2015, shall be retained by the Commission and credited to the appropriations account that funds the enforcement of the Consumer Product Safety Act. (g) Commission Report.--Not later than 1 year after the last day of each fiscal year for which grants are awarded under this section, the Commission shall submit a report to Congress that evaluates the implementation of the grant program authorized under this section.

Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act - Directs the Consumer Product Safety Commission (CPSC) to publish the American National Standard for Single and Multiple Station Carbon Monoxide Alarms and the American National Standard for Gas and Vapor Detectors and Sensors as mandatory consumer product safety standards. Authorizes the CPSC to initiate a rulemaking to amend either standard to include any provision reasonably necessary to ensure the safe and effective operation of carbon monoxide alarms. Requires the CPSC to establish a grant program to provide assistance to states and local governments that require approved carbon monoxide alarms to be installed in dwelling units to carry out specified carbon monoxide poisoning prevention activities.

A bill to amend the Consumer Product Safety Act to require residential carbon monoxide detectors to meet the applicable ANSI/UL standard by treating that standard as a consumer product safety rule, to encourage States to require the installation of such detectors in homes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Israeli-Palestinian Peace Enhancement Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The security of the State of Israel is a major and enduring national security interest of the United States. (2) A lasting peace in the Middle East region, which Israel desperately seeks, can only take root in an atmosphere free of violence and terrorism. (3) The Palestinian people have been ill-served by leaders who, by resorting to violence and terrorism to pursue their political objectives, have brought economic and personal hardship to their people and brought a halt to efforts seeking a negotiated settlement of the conflict. (4) The United States has an interest in a Middle East in which two states, Israel and Palestine, will live side by side in peace and security. (5) In his speech of June 24, 2002, and in other statements, President George W. Bush outlined a comprehensive vision of the possibilities of peace in the Middle East region following a change in Palestinian leadership. (6) President Bush stated in his June 24, 2002, speech that ``a stable and peaceful Palestinian state is necessary to achieve the security that Israel longs for,'' and Israel has committed itself to concrete steps to achieve that end. (7) The Palestinian state must be a reformed, peaceful, and democratic state that abandons forever the use of terror. (8) Israel has repeatedly indicated its willingness to make painful concessions to achieve peace once there is a partner for peace on the Palestinian side. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to express the sense of Congress with respect to United States recognition of a Palestinian state; (2) to encourage the emergence of a Palestinian leadership that is capable of achieving the reforms outlined by President Bush, including making peace with Israel, combating all forms of terrorism, and developing a peaceful, democratic Palestinian state; and (3) to demonstrate United States willingness to provide substantial economic and humanitarian assistance, and to support large-scale multilateral assistance, to a peaceful, democratic Palestinian state, after the Palestinians have achieved the reforms outlined by President Bush and have achieved peace with Israel. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) peace between Israel and the Palestinians cannot be achieved until the Palestinian system of government has been transformed along the lines outlined in President Bush's June 24, 2002, speech; (2) substantial United States and international economic assistance will be needed after the Palestinians have achieved the reforms described in section 620K(c)(2) of the Foreign Assistance Act of 1961 (as added by section 6 of this Act) and have made a lasting and secure peace with Israel; (3) any new Palestinian administration urgently should take the necessary security-related steps to allow for implementation of a performance-based road map to resolve the Israeli-Palestinian conflict; (4) the United States Administration should work vigorously toward the goal of two states living side-by-side in peace within secure and internationally-recognized boundaries free from threats or acts of force; and (5) the United States has a vital national security interest in a permanent, comprehensive, and just resolution of the Arab-Israeli conflict, and particularly the Palestinian- Israeli conflict, based on the terms of United Nations Security Council Resolutions 242 and 338. SEC. 5. RECOGNITION OF A PALESTINIAN STATE. It is the sense of Congress that a Palestinian state should not be recognized by the United States until the President determines that-- (1) a new leadership of a Palestinian governing entity, not compromised by terrorism, has been elected and taken office; and (2) the newly-elected Palestinian governing entity-- (A) has demonstrated a firm and tangible commitment to peaceful coexistence with the State of Israel and to ending anti-Israel incitement, including the cessation of all officially sanctioned or funded anti-Israel incitement; (B) has taken sustained and effective measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of the terrorist infrastructure and the confiscation of unlawful weaponry; (C) has established one unified Palestinian security entity that is fully cooperating with the appropriate Israeli security organizations; (D) has achieved exclusive authority and responsibility for governing the national affairs of a Palestinian state, has taken effective steps to ensure democracy, the rule of law, and an independent judiciary, and has adopted other reforms ensuring transparent and accountable governance; and (E) has taken effective steps to ensure that its education and communications systems promote the acceptance of Israel's existence and of peace with Israel and actively discourage anti-Israel incitement. SEC. 6. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended-- (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following new section: ``SEC. 620K. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE. ``(a) Limitation.-- ``(1) In general.--Notwithstanding any other provision of law, direct assistance may be provided under this Act or any other provision of law to the government of a Palestinian state only during a period for which a certification described in subsection (c) is in effect. The limitation contained in the preceding sentence shall not apply (A) to humanitarian or development assistance that is provided through nongovernmental organizations for the benefit of the Palestinian people in the West Bank and Gaza, or (B) to assistance that is intended to reform the Palestinian Authority and affiliated institutions, or a newly elected Palestinian governing entity, in order to help meet the requirements contained in subparagraphs (A) through (H) of subsection (c)(2) or to address the matters described in subparagraphs (A) through (E) of section 5(2) of the Israeli-Palestinian Peace Enhancement Act of 2003. ``(2) Waiver.--The President may waive the limitation of the first sentence of paragraph (1) if the President determines and certifies to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate that it is vital to the national security interest of the United States to do so. ``(b) Congressional Notification.-- ``(1) In general.--Assistance made available under this Act or any other provision of law to a Palestinian state may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. ``(2) Sunset.--Paragraph (1) shall cease to be effective beginning ten years after the date on which notice is first provided under such paragraph. ``(c) Certification.--A certification described in this subsection is a certification transmitted by the President to Congress that-- ``(1) a Palestinian state exists and has been recognized by the United States and Israel and admitted to the United Nations; ``(2) a binding international peace agreement exists between Israel and the Palestinian state that-- ``(A) was freely signed by both parties; ``(B) guarantees both parties' commitment to a mutually agreed border between two states that constitutes a secure and internationally recognized boundary for both states, with no remaining territorial claims; ``(C) provides a permanent resolution for both Palestinian refugees and Jewish refugees from Arab countries; ``(D) provides for mutually agreeable arrangements on all remaining permanent status issues, including borders, settlements, water resources, and Jerusalem; and ``(E) includes a renunciation of all remaining claims through provisions that commit both sides to the end of the conflict; and ``(3) the new Palestinian government-- ``(A) has been democratically elected through free and fair elections, has exclusive authority and responsibility for governing the national affairs of the Palestinian state, and has achieved the reforms outlined by President Bush in his June 24, 2002, speech; ``(B) has completely renounced the use of violence against the State of Israel and its citizens, is vigorously attempting to prevent any acts of terrorism against Israel and its citizens, and punishes the perpetrators of such acts in a manner commensurate with their actions; ``(C) has dismantled, and terminated the funding of, any group within its territory that conducts terrorism against Israel; ``(D) is engaging in ongoing and extensive security cooperation with the State of Israel; ``(E) refrains from any officially sanctioned or funded statement or act designed to incite Palestinians or others against the State of Israel and its citizens; ``(F) has an elected leadership not compromised by terror; ``(G) has instituted clearly defined and agreed upon limits on its military; and ``(H) has no alliances or agreements that pose a threat to the security of the State of Israel. ``(d) Recertifications.--Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (c), and every 6 months thereafter for the 10-year period beginning on the date of transmittal of such certification-- ``(1) the President shall transmit to Congress a recertification that the requirements contained in subsection (c) are continuing to be met; or ``(2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. ``(e) Rule of Construction.--A certification under subsection (c) shall be deemed to be in effect beginning on the day after the last day of the 10-year period described in subsection (d) unless the President subsequently determines that the requirements contained in subsection (c) are no longer being met and the President transmits to Congress a report that contains the reasons therefor.''. SEC. 7. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as amended by section 1506, is further amended by adding at the end the following new section: ``SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE. ``(a) Assistance.--The President is authorized to provide assistance to a Palestinian state in accordance with the requirements of this section. ``(b) Activities To Be Supported.--Assistance provided under subsection (a) shall be used to support activities within a Palestinian state to substantially improve the economy and living conditions of the Palestinians by, among other things, providing for economic development in the West Bank and Gaza, continuing to promote democracy and the rule of law, developing water resources, assisting in security cooperation between Israelis and Palestinians, and helping with the compensation and rehabilitation of Palestinian refugees. ``(c) Authorization of Appropriations.--Of the amounts made available to carry out chapter 4 of part II of this Act for a fiscal year, there are authorized to be appropriated to the President to carry out subsections (a) and (b) such sums as may be necessary for each such fiscal year. ``(d) Coordination of International Assistance.-- ``(1) In general.--Beginning on the date on which the President transmits to Congress an initial certification under section 620K(c), the Secretary of State shall-- ``(A) seek to convene one or more donors conferences to gain commitments from other countries, multilateral institutions, and nongovernmental organizations to provide economic assistance to Palestinians; ``(B) seek to ensure that such commitments to provide assistance are honored in a timely manner; ``(C) promote coordination of assistance among the United States and such other countries, multilateral institutions, and nongovernmental organizations; ``(D) monitor the assistance to ensure that the assistance provided to Palestinians is used for the purposes for which it was provided; and ``(E) seek to ensure that other countries, multilateral institutions, and nongovernmental organizations do not provide assistance to Palestinians through entities that are designated as terrorist organizations under United States law. ``(2) Annual reports.--Not later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of State shall prepare and submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that describes the activities undertaken to meet the requirements of paragraph (1). ``(3) Burdensharing.--Each report under paragraph (2) shall include a description of the amounts committed, and the amounts provided, to a Palestinian state or Palestinians during the reporting period by each country and organization.''.

Israeli-Palestinian Peace Enhancement Act of 2003 - Calls for: (1) any new Palestinian authority to take security-related steps to implement a road map to resolve the Israeli-Palestinian conflict; and (2) the U.S. Administration to work toward the two states living in peace within secure and internationally recognized boundaries. Expresses the sense of Congress that a Palestinian State should not be recognized until the President makes specified determinations, including that new leadership of a Palestinian governing entity, not compromised by terrorism, has been elected and has taken measures to counter terrorism and terrorist financing in the West Bank and Gaza. Amends the Foreign Assistance Act of 1961 to allow U.S. assistance to be provided to a Palestinian state only: (1) during the effective period of a presidential certification that a Palestinian state exists that has been recognized by the United States and Israel and admitted to the United Nations, that a binding international peace agreement exists between Israel and the Palestinian state, and that the new Palestinian Government has been democratically elected, has renounced violence against Israel, has dismantled any group that conducts terrorism against Israel, has instituted clearly agreed upon limits on its military, and has no agreements that threaten Israel's security; and (2) if the President has provided advance notice to Congress. Authorizes the President to provide assistance to a Palestinian State to improve the economy and living conditions of the Palestinians. Directs the Secretary of State to coordinate a program of international economic assistance to the Palestinians.

A bill to enhance peace between the Israelis and Palestinians.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Language Act of 2003''. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language. ``162. Official Government activities in English. ``163. Preserving and enhancing the role of the official language. ``164. Exceptions. ``Sec. 161. Declaration of official language ``English shall be the official language of the Government of the United States. ``Sec. 162. Official Government activities in English ``The Government of the United States shall conduct its official business in English, including publications, income tax forms, and informational materials. ``Sec. 163. Preserving and enhancing the role of the official language ``The Government of the United States shall preserve and enhance the role of English as the official language of the United States of America. Unless specifically stated in applicable law, no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English. If exceptions are made, that does not create a legal entitlement to additional services in that language or any language other than English. ``Sec. 164. Exceptions ``This chapter does not apply to the use of a language other than English-- ``(1) for religious purposes; ``(2) for training in foreign languages for international communication; ``(3) to programs in schools designed to encourage students to learn foreign languages; or ``(4) by persons over 62 years of age. ``This chapter does not prevent the Government of the United States from providing interpreters for persons over 62 years of age.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. SEC. 3. TERMINATION OF BILINGUAL EDUCATION PROGRAMS. (a) Repeal of Bilingual Education Act.--The Bilingual Education Act (20 U.S.C. 3281 et seq.) is repealed. (b) Termination of Office of Bilingual Education and Minority Languages Affairs.--The Office of Bilingual Education and Minority Languages Affairs in the Department of Education, established by part D of the Bilingual Education Act (20 U.S.C. 3331 et seq.), is terminated. (c) Recapture of Unexpended Funds.--Any funds that have been provided as grants under the Bilingual Education Act (20 U.S.C. 3281 et seq.), and that have not been expended before the date of the enactment of this Act, shall be recaptured by the Secretary of Education and deposited in the general fund of the Treasury. (d) Transitional Provisions.-- (1) Completion of programs during current school year.-- Subsections (a) and (c) shall not apply to any program under part A of the Bilingual Education Act (20 U.S.C. 3291 et seq.) until completion of the most recent school year of the program that commences after the date of the enactment of this Act. (2) Assistance for transition to special alternative instructional programs.--During the 1-year period beginning on the date of the enactment of this Act, the Secretary of Education may assist local educational agencies in the transition of children enrolled in programs assisted under the Bilingual Education Act (20 U.S.C. 3281 et seq.) to Special Alternative Instructional Programs that do not make use of the native language of the student. SEC. 4. REPEAL OF BILINGUAL VOTING REQUIREMENTS. (a) In General.-- (1) Bilingual election requirements.-- Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (2) Voting rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). (b) Conforming Amendments.-- (1) References to section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in section 204, by striking ``or 203,''; and (B) in the first sentence of section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (2) References to section 4.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, and 13, by striking ``, or in contravention of the guarantees set forth in section 4(f)(2)''; (B) in paragraphs (1)(A) and (3) of section 4(a), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2)''; and (C) in paragraphs (1)(B) and (5) of section 4(a), by striking ``or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''. SEC. 5. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF NEW CITIZENS. Section 337(d) of the Immigration and Nationality Act (8 U.S.C. 1448(d)) is amended by adding at the end the following new sentence: ``All public ceremonies in which the oath of allegiance is administered pursuant to this section shall be conducted solely in the English language.''. SEC. 6. NONPREEMPTION. This Act (and the amendments made by this Act) shall not preempt any law of any State.

National Language Act of 2003 - Makes English the official language of the U.S. Government. Requires the Government to: (1) conduct its official business in English, including publications, income tax forms, and informational materials; and (2) preserve and enhance the role of English as the official language of the United States of America. Provides that no person has a right, entitlement, or claim to have the Government act, communicate, perform, or provide services or materials in any other language, unless specifically stated in applicable law.Provides that this Act shall not apply to the use of a language other than English for religious purposes, for training in foreign languages for international communication, in school programs designed to encourage students to learn foreign languages, or by persons over age 62.Repeals the Bilingual Education Act. Terminates the Office of Bilingual Education and Minority Languages Affairs in the Department of Education.Repeals provisions of the Voting Rights Act of 1965 regarding bilingual election requirements and regarding congressional findings of voting discrimination against language minorities, prohibition of English-only elections, and other remedial measures.Amends the Immigration and Nationality Act to require that all public ceremonies in which the oath of allegiance is administered pursuant to such Act be conducted solely in English.Specifies that this Act shall not preempt the law of any State.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elder Abuse Prevention Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The number of older Americans who are abused, neglected, or exploited is increasing, and a large percentage of elder abuse cases are not reported to Federal and State law enforcement authorities. (2) The number of Americans aged 65 and older is projected to increase exponentially in the coming years, and many of these valued citizens will begin to constitute a vulnerable population at increased risk of abuse and exploitation in domestic and community-based settings. (3) The projected increase in the number of Americans aged 65 and over is expected to result in a corresponding increase in the number of cases of elder abuse, which suggests an urgent need for comprehensive consideration of means by which such abuse can be prevented, reported, and prosecuted by Federal and State authorities. (4) Violent, physical, and sexual assaults upon older Americans are particularly abhorrent and should be prosecuted vigorously by Federal and State law enforcement authorities. Such acts should be deterred by appropriate penalties including enhanced penalties and the elimination of parole for individuals convicted of violent sexual offenses against the elderly. SEC. 3. NO PAROLE FOR SEXUAL OFFENSES COMMITTED AGAINST THE ELDERLY OR FOR SEXUALLY VIOLENT PREDATORS. (a) In General.--For each fiscal year after the expiration of the period specified in subsection (b)(1) in which a State receives funds for a program referred to in subsection (b)(2), the State shall have in effect throughout the State laws and policies that prohibit parole for any individual who is-- (1) convicted of a criminal sexual offense against a victim who is elderly, which shall include any such offense under State law for conduct that would constitute an offense under chapter 109A of title 18, United States Code, had the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison; or (2) a sexually violent predator. (b) Compliance and Ineligibility.-- (1) Compliance date.--Each State shall have not more than 3 years from the date of enactment of this Act to comply with subsection (a), except that-- (A) the Attorney General may grant an additional 2 years to a State that is making good faith efforts to comply with such subsection; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a) shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (c) Reallocation.--Amounts not allocated under a program referred to in subsection (b)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection. (d) Definition.--For the purposes of this section, the term ``sexually violent predator'' means a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. SEC. 4. AMENDMENT TO THE FEDERAL SENTENCING GUIDELINES. (a) Request for Immediate Consideration by the United States Sentencing Commission.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission is requested to-- (1) promptly review the sentencing guidelines applicable to sexual offenses committed against the elderly; (2) expeditiously consider the promulgation of new sentencing guidelines or amendments to existing sentencing guidelines to provide an enhancement for such offenses; and (3) submit to Congress an explanation of actions taken by the Sentencing Commission pursuant to paragraph (2) and any additional policy recommendations the Sentencing Commission may have for combating offenses described in paragraph (1). (b) Considerations in Review.--In carrying out this section, the Sentencing Commission is requested to-- (1) ensure that the sentencing guidelines and policy statements reflect the serious nature of such offenses and the need for aggressive and appropriate law enforcement action to prevent such offenses; (2) assure reasonable consistency with other relevant directives and with other guidelines; (3) account for any aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements; (4) make any necessary conforming changes to the sentencing guidelines; and (5) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. (c) Emergency Authority and Deadline for Commission Action.--The United States Sentencing Commission is requested to promulgate the guidelines or amendments provided for under this section as soon as practicable, and in any event not later than the 180 days after the date of enactment of this Act, in accordance with the procedures sent forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under that Act had not expired.

Elder Abuse Prevention Act - Requires a state that is receiving funds for certain law enforcement assistance programs under the Omnibus Crime Control and Safe Streets Act of 1968 to adopt laws and policies that prohibit parole for: (1) any individual who is convicted of a criminal sexual offense against a victim who is elderly; or (2) a sexually violent predator. Grants states three years to implement such laws and policies (with one additional two-year extension for states making good faith efforts at implementation). Renders any state that does not implement such laws and policies within the required period ineligible for 10% of funding for its law enforcement assistance programs. Requests the U.S. Sentencing Commission to promptly review its guidelines for sexual offenses committed against the elderly and to consider new guidelines for enhanced sentencing for such crimes.

To prevent the abuse and exploitation of older individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Records Act Amendments of 2011''. SEC. 2. PROCEDURES FOR CONSIDERATION OF CLAIMS OF CONSTITUTIONALLY BASED PRIVILEGE AGAINST DISCLOSURE. (a) In General.--Chapter 22 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 2208. Claims of constitutionally based privilege against disclosure ``(a)(1) When the Archivist determines under this chapter to make available to the public any Presidential record that has not previously been made available to the public, the Archivist shall-- ``(A) promptly provide notice of such determination to-- ``(i) the former President during whose term of office the record was created; and ``(ii) the incumbent President; and ``(B) make the notice available to the public. ``(2) The notice under paragraph (1)-- ``(A) shall be in writing; and ``(B) shall include such information as may be prescribed in regulations issued by the Archivist. ``(3)(A) Upon the expiration of the 60-day period (excepting Saturdays, Sundays, and legal public holidays) beginning on the date the Archivist provides notice under paragraph (1)(A), the Archivist shall make available to the public the Presidential record covered by the notice, except any record (or reasonably segregable part of a record) with respect to which the Archivist receives from a former President or the incumbent President notification of a claim of constitutionally based privilege against disclosure under subsection (b). ``(B) A former President or the incumbent President may extend the period under subparagraph (A) once for not more than 30 additional days (excepting Saturdays, Sundays, and legal public holidays) by filing with the Archivist a statement that such an extension is necessary to allow an adequate review of the record. ``(C) Notwithstanding subparagraphs (A) and (B), if the 60-day period under subparagraph (A), or any extension of that period under subparagraph (B), would otherwise expire during the 6-month period after the incumbent President first takes office, then that 60-day period or extension, respectively, shall expire at the end of that 6- month period. ``(b)(1) For purposes of this section, the decision to assert any claim of constitutionally based privilege against disclosure of a Presidential record (or reasonably segregable part of a record) must be made personally by a former President or the incumbent President, as applicable. ``(2) A former President or the incumbent President shall notify the Archivist, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate of a privilege claim under paragraph (1) on the same day that the claim is asserted under such paragraph. ``(c)(1) If a claim of constitutionally based privilege against disclosure of a Presidential record (or reasonably segregable part of a record) is asserted under subsection (b) by a former President, the Archivist shall consult with the incumbent President, as soon as practicable during the period specified in paragraph (2)(A), to determine whether the incumbent President will uphold the claim asserted by the former President. ``(2)(A) Not later than the end of the 30-day period beginning on the date of which the Archivist receives notification from a former President of the assertion of a claim of constitutionally based privilege against disclosure, the Archivist shall provide notice to the former President and the public of the decision of the incumbent President under paragraph (1) regarding the claim. ``(B) If the incumbent President upholds the claim of privilege asserted by the former President, the Archivist shall not make the Presidential record (or reasonably segregable part of a record) subject to the claim publicly available unless-- ``(i) the incumbent President withdraws the decision upholding the claim of privilege asserted by the former President; or ``(ii) the Archivist is otherwise directed by a final court order that is not subject to appeal. ``(C) If the incumbent President determines not to uphold the claim of privilege asserted by the former President, or fails to make the determination under paragraph (1) before the end of the period specified in subparagraph (A), the Archivist shall release the Presidential record subject to the claim at the end of the 90-day period beginning on the date on which the Archivist received notification of the claim, unless otherwise directed by a court order in an action initiated by the former President under section 2204(e) of this title or by a court order in another action in Federal court. ``(d) The Archivist shall not make publicly available a Presidential record (or reasonably segregable part of a record) that is subject to a privilege claim asserted by the incumbent President unless-- ``(1) the incumbent President withdraws the privilege claim; or ``(2) the Archivist is otherwise directed by a final court order that is not subject to appeal. ``(e) The Archivist shall adjust any otherwise applicable time period under this section as necessary to comply with the return date of any congressional subpoena, judicial subpoena, or judicial process.''. (b) Restrictions.--Section 2204 of title 44, United States Code (relating to restrictions on access to presidential records) is amended by adding at the end the following new subsection: ``(f) The Archivist shall not make available any original presidential records to any individual claiming access to any presidential record as a designated representative under section 2205(3) if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.''. (c) Conforming Amendments.--(1) Section 2204(d) of title 44, United States Code, is amended by inserting ``, except section 2208,'' after ``chapter''. (2) Section 2205 of title 44, United States Code, is amended by inserting ``and 2208'' after ``2204''. (3) Section 2207 of title 44, United States Code, is amended in the second sentence by inserting ``, except section 2208,'' after ``chapter''. (d) Clerical Amendment.--The table of sections at the beginning of chapter 22 of title 44, United States Code, is amended by adding at the end the following: ``2208. Claims of constitutionally based privilege against disclosure.''. (e) Rule of Construction.--Nothing in the amendment made by subsection (c)(3) shall be construed to-- (1) affect the requirement of section 2207 of title 44, United States Code, that Vice Presidential records shall be subject to chapter 22 of that title in the same manner as Presidential records; or (2) affect any claim of constitutionally based privilege by a President or former President with respect to a Vice Presidential record.

Presidential Records Act Amendments of 2011 - Amends the Presidential Records Act to require the Archivist of the United States, upon determining to make available any presidential record not previously made available publicly, to: (1) promptly provide written notice of such determination to the former President during whose term of office the record was created and to the incumbent President, and (2) make the notice available to the public. Requires a presidential record to be made available to the public 60 days after the Archivist gives notice, except any record with respect to which the Archivist receives notification from a former or incumbent President of a claim of constitutionally based privilege against disclosure. Prohibits the Archivist from making a record that is subject to a privilege claim asserted by the incumbent President publicly available unless: (1) the incumbent President withdraws the claim; or (2) the Archivist is otherwise directed to do so by a final court order that is not subject to appeal. Prohibits the Archivist from making available any original presidential records to anyone claiming access to them as a designated representative of a President or former President if that individual has been convicted of a crime relating to the review, removal, or destruction of the Archives' records.

To amend chapter 22 of title 44, United States Code, popularly known as the Presidential Records Act, to establish procedures for the consideration of claims of constitutionally based privilege against disclosure of Presidential records.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Federal Mandates on School Lunch Act''. SEC. 2. PROHIBITION OF REGULATIONS ESTABLISHING CERTAIN LIMITS FOR THE SCHOOL LUNCH PROGRAM. Beginning on the date of enactment of this Act and until the date of enactment of a law that extends by not less than 5 fiscal years the authorization or duration of 1 or more programs under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary of Agriculture shall not-- (1) implement, administer, or enforce part 210 of title 7, Code of Federal Regulations (as such part relates to the establishment of a maximum calorie limit and a maximum quantity of grains, meat, or meat alternatives for the school lunch program), as amended by the final regulations published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.); or (2) promulgate or enforce any new rule or regulation that establishes a maximum calorie limit or maximum quantity of grains, meat, or meat alternatives for the school lunch program established under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.). SEC. 3. PROHIBITION OF OTHER NUTRITION REGULATIONS FOR CERTAIN SCHOOL FOOD AUTHORITIES. (a) Prohibition.-- (1) In general.--Beginning on the date of enactment of this Act and until the date of enactment of a law that extends by not less than 5 fiscal years the authorization or duration of 1 or more programs under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary of Agriculture shall not implement, administer, or enforce the rules or regulations described in subsection (b) with respect to any school food authority that certifies to the State in which the school food authority is located that the school food authority-- (A) has calculated the costs of complying with such rules and regulations; and (B) has determined, in a manner consistent with school district operational procedures, that the school food authority is not capable of operating a food service program without increased costs as a result of complying with any or all of such rules and regulations. (2) Prohibition on defining costs.--For purposes of this subsection, the Secretary of Agriculture shall not-- (A) define the phrase ``costs of complying''; or (B) establish or suggest how a school food authority shall calculate the costs of complying under paragraph (1)(A) or increased costs under paragraph (1)(B). (b) Regulations.--The rules and regulations described in subsection (a)(1) are the following: (1) The rule entitled ``National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010'' published by the Department of Agriculture in the Federal Register on June 28, 2013 (78 Fed. Reg. 39068 et seq.), or any new rule with respect to foods sold in schools other than those foods provided under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). (2) Part 210 of title 7, Code of Federal Regulations (as amended by the interim regulations published by the Department of Agriculture in the Federal Register on June 17, 2011 (76 Fed Reg. 35301 et seq.)), as such part relates to school lunch price increases, or any new rule or regulation with respect to increasing the price of school lunches under the Richard B. Russell School Lunch Act (42 U.S.C. 1751 et seq.). (3) Part 220 of title 7, Code of Federal Regulations (as amended by the final regulations published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.)), as such part relates to establishing new food-based meal patterns, nutrition standards, and meal planning approaches for the school breakfast program, or any new rule or regulation which establishes new food-based meal patterns, nutrition standards, or meal planning approaches for the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). SEC. 4. RULES OF CONSTRUCTION. Nothing in this Act prohibits the Secretary of Agriculture from implementing, administering, or enforcing-- (1) any rules or regulations not described in this Act; or (2) parts 210 and 220 of title 7, Code of Federal Regulations, as such parts were in effect on the day before the effective dates of the amendments made to such parts described in paragraphs (2) and (3) of section 3(b), respectively.

Reducing Federal Mandates on School Lunch Act - Prohibits the Secretary of Agriculture (USDA) from implementing, administering, or enforcing a specified regulation, or promulgating or enforcing any new rule or regulation, establishing a maximum calorie limit or quantity of grains, meat, or meat alternatives for the school lunch program. Prohibits the Secretary from implementing, administering, or enforcing specified rules and regulations with respect to any school food authority that certifies to its state that it: (1) has calculated the costs of complying with such rules and regulations; and (2) has determined, in a manner consistent with school district operational procedures, that it cannot operate a food service program without incurring increased costs for complying with those rules and regulations. Identifies those rules and regulations as: the rule entitled "National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010"; any new rule regarding foods sold in schools that are not foods provided under the school lunch or breakfast programs; a specified regulation and any new rule or regulation regarding school lunch price increases; and a specified regulation and any new rule or regulation which establishes new food-based meal patterns, nutrition standards, or meal planning approaches for the school breakfast program. Prohibits the Secretary from defining the phrase "costs of complying" or establishing or suggesting how a school food authority is to calculate those costs or increased costs for complying. Maintains these prohibitions until a law is enacted that extends by at least five fiscal years the authorization or duration of one or more school lunch or breakfast programs.

Reducing Federal Mandates on School Lunch Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Local Aid and Economic Stimulus Act of 2003''. SEC. 2. ONE-TIME REVENUE GRANT TO STATES AND LOCAL GOVERNMENTS. (a) In General.--Chapter 67 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 6721. One-time revenue grant to States and local governments ``(a) Appropriation.--There is appropriated to carry out this section $40,000,000,000 for fiscal year 2003. ``(b) Allotments.--From the amount appropriated under subsection (a) for fiscal year 2003, the Secretary of the Treasury shall, as soon as practicable after the date of the enactment of this Act, allot to each of the States as follows: ``(1) $20 billion based on population.-- ``(A) State level.--$10,000,000,000 shall be allotted among such States on the basis of the relative population of each such State, as determined by the Secretary on the basis of the most recent satisfactory data. ``(B) Local government level.--$10,000,000,000 shall be allotted among such States as determined under subparagraph (A) for distribution to the various units of general local government within such States on the basis of the relative population of each such unit within each such State, as determined by the Secretary on the basis of the most recent satisfactory data. ``(2) $20 billion based on change in unemployment rate.-- ``(A) Tier 1.-- ``(i) State level.--$2,500,000,000 shall be allotted among such States which have experienced a tier 1 unemployment rate on the basis of the relative number of unemployed individuals for calendar year 2002 in each such State, as determined by the Secretary on the basis of the most recent satisfactory data. ``(ii) Local government level.-- $2,500,000,000 shall be allotted among such States which have experienced a tier 1 unemployment rate as determined under clause (i) for distribution to the various units of general local government within such States on the basis of the relative number of unemployed individuals for calendar year 2002 in each such unit within each such State, as determined by the Secretary on the basis of the most recent satisfactory data. ``(B) Tier 2.-- ``(i) State level.--$7,500,000,000 shall be allotted among such States which have experienced a tier 2 unemployment rate on the basis of the relative number of unemployed individuals for calendar year 2002 in each such State, as determined by the Secretary on the basis of the most recent satisfactory data. ``(ii) Local government level.-- $7,500,000,000 shall be allotted among such States which have experienced a tier 2 unemployment rate as determined under clause (i) for distribution to the various units of general local government within such States on the basis of the relative number of unemployed individuals for calendar year 2002 in each such unit within each such State, as determined by the Secretary on the basis of the most recent satisfactory data. ``(c) Guidelines for Use of Funds.--It is the sense of Congress that priority for using the funds allotted under this section should be given to homeland security, medicaid, public health, highway construction, childcare, elementary, secondary, and higher education, and the prevention of additional property tax increases. ``(d) Definitions.--For purposes of this section-- ``(1) State.--The term `State' means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ``(2) Unit of general local government.-- ``(A) In general.--The term `unit of general local government' means-- ``(i) a county, parish, township, city, or political subdivision of a county, parish, township, or city, that is a unit of general local government as determined by the Secretary of Commerce for general statistical purposes; and ``(ii) the District of Columbia, the Commonwealth of Puerto Rico, and the recognized governing body of an Indian tribe or Alaskan native village that carries out substantial governmental duties and powers. ``(B) Treatment of subsumed areas.--For purposes of determining a unit of general local government under this section, the rules under section 6720(c) of this title shall apply. ``(3) Unemployment.--With respect to any State or unit of general local government-- ``(A) Tier 1 unemployment rate.--The term `tier 1 unemployment rate' means an unemployment rate for calendar year 2002 which was at least .4 but not more than 1.0 percentage point greater than such rate for calendar year 2000. ``(B) Tier 2 unemployment rate.--The term `tier 2 unemployment rate' means an unemployment rate for calendar year 2002 which was more than 1.0 percentage point greater than such rate for calendar year 2000.''. (b) Conforming Amendment.--The table of sections for chapter 67 of title 31, United States Code, is amended by adding at the end the following new item: ``6721. One-time revenue grant to States and local governments.''.

State and Local Aid and Economic Stimulus Act of 2003 - Amends Federal law to make appropriations for FY 2003 for a one-time revenue grant to States and local governments to carry out programs related to education, substance abuse treatment, and jobs to prevent crime.Specifies amounts to be allotted to each of the States based upon population and changes in unemployment rates.Declares the sense of Congress that priority for using funds allotted under this Act should be given to homeland security, medicaid, public health, highway construction, childcare, elementary, secondary, and higher education, and the prevention of additional property tax increases.

To amend title 31, United States Code, to provide Federal aid and economic stimulus through a one-time revenue grant to the States and their local governments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pulmonary Fibrosis Research Enhancement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Pulmonary fibrosis (in this section referred to as ``PF'') is a relentlessly progressive, ultimately fatal disease that affects the lungs, gradually robbing a person of the ability to breathe. (2) More than 128,000 individuals may be living with PF in the United States; 48,000 individuals in the United States are diagnosed with PF annually; and as many as 40,000 die annually. (3) Prevalence of PF has increased more than 150 percent since 2001, and is expected to continue rising as the population of the United States ages. (4) The median survival rate for a person with PF is 2.8 years. (5) More than 50 percent of PF cases are initially misdiagnosed as other forms of respiratory illness before being correctly diagnosed as PF, and more than 58 percent of patients go more than a year with symptoms before being diagnosed correctly. (6) The cause of most forms of PF is not well understood, and in most cases is unknown, though there is growing evidence that one cause of PF may be environmental or occupational exposure to pollutants. (7) There is no Food and Drug Administration-approved treatment or cure for PF. (8) Public awareness of PF remains low compared to rare diseases of lesser prevalence, despite PF's increasing prevalence. (9) There has been no federally funded national awareness or educational effort to improve understanding of PF in the public or medical communities, though nonprofit patient education and research groups have begun to increase awareness. The first Federal legislation expressing Congress' support for PF research, H. Con. Res. 182, was agreed to by both Houses of Congress in 2007. SEC. 3. PULMONARY FIBROSIS REGISTRY. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. PULMONARY FIBROSIS REGISTRY. ``(a) Establishment.-- ``(1) In general.--Not later than 1 year after the receipt of the report required by subsection (b)(3), the Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with patients, patient advocates, and others with expertise in research and care of pulmonary fibrosis (referred to in this section as `PF'), shall-- ``(A) develop a system to collect data on PF and other interstitial lung diseases that are related to PF, including information with respect to the incidence and prevalence of the disease in the United States; and ``(B) establish a national registry (in this section referred to as the `National PF Registry') that-- ``(i) is used for the collection and storage of data described in subparagraph (A); and ``(ii) includes a population-based registry of cases in the United States of PF and other interstitial lung diseases that are related to PF. ``(2) Purpose.--The purpose of the National PF Registry shall be to gather available data concerning-- ``(A) PF, including the incidence and prevalence of PF in the United States; ``(B) environmental and occupational factors that may be associated with the disease; ``(C) age, race or ethnicity, gender, and family history of individuals who are diagnosed with the disease; ``(D) pathogenesis of PF; and ``(E) other matters as determined appropriate by the Secretary. ``(3) Implementation.--Implementation of the National PF Registry shall begin not later than 180 days after the date of the enactment of this section. ``(b) Advisory Board.-- ``(1) Establishment.--Not later than 90 days after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a board to be known as the National Pulmonary Fibrosis Advisory Board (in this section referred to as the `Advisory Board'). The Advisory Board shall be composed of at least one member, to be appointed by the Secretary, acting through the Director of the Centers for Disease Control and Prevention, representing each of the following: ``(A) The National Institutes of Health. ``(B) The National Institute of Environmental Health Sciences. ``(C) The Department of Veterans Affairs. ``(D) The Agency for Toxic Substances and Disease Registry. ``(E) The Centers for Disease Control and Prevention. ``(F) Patients with PF or their family members and other individuals with an interest in developing and maintaining the National PF Registry. ``(G) Patient Advocates. ``(H) Clinicians with expertise on PF and related diseases. ``(I) Epidemiologists with experience working with data registries. ``(J) Geneticists or experts in genetics who have experience with the genetics of PF or other neurological diseases. ``(K) Others with expertise in research and care of PF. ``(2) Duties.--The Advisory Board shall-- ``(A) review information and make recommendations to the Secretary concerning-- ``(i) the development and maintenance of the National PF Registry; ``(ii) the type of information to be collected and stored in the National PF Registry; ``(iii) the manner in which such data is to be collected; ``(iv) the use and availability of such data, including guidelines for such use; and ``(v) the collection of information about diseases and disorders that primarily affect the lungs that are considered essential to furthering the study and cure of PF; and ``(B) consult with the Director of the Centers for Disease Control and Prevention regarding preparation of the National Pulmonary Fibrosis Action Plan under section 5(a) of the Pulmonary Fibrosis Research Enhancement Act. ``(3) Report.--Not later than 1 year after the date on which the Advisory Board is established, the Advisory Board shall submit to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Health, Education, Labor, and Pensions Committee of the Senate a report on the review conducted under paragraph (2), including the recommendations of the Advisory Board resulting from such review. ``(c) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on PF and other interstitial lung diseases that can be confused with PF, be misdiagnosed as PF, and in some cases progress to PF. ``(d) Coordination With State, Local, and Federal Registries.-- ``(1) In general.--In establishing the National PF Registry under subsection (a), the Secretary shall-- ``(A) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including-- ``(i) existing systems in place at universities, medical centers, and government agencies; ``(ii) State-based PF registries, National Institutes of Health registries, and Department of Veterans Affairs registries, as available; and ``(iii) any other relevant databases that collect or maintain information on interstitial lung diseases; and ``(B) provide for research access to PF data in accordance with applicable statutes and regulations, including those protecting personal privacy. ``(2) Coordination with nih and department of veterans affairs.--Consistent with applicable privacy statutes and regulations, the Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) is made available to the National Institutes of Health and the Department of Veterans Affairs. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2010 and $2,500,000 for each of the fiscal years 2011 through 2014.''. SEC. 4. PULMONARY FIBROSIS RESEARCH EXPANSION. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by adding at the end the following: ``SEC. 424D. PULMONARY FIBROSIS RESEARCH EXPANSION. ``The Director of the Institute is encouraged to expand, intensify, and coordinate the activities of the Institute with respect to research on pulmonary fibrosis, as appropriate.''. SEC. 5. NATIONAL PULMONARY FIBROSIS ACTION PLAN. (a) In General.-- (1) Preparation of plan.--The Director of the Centers for Disease Control and Prevention, in consultation with the National Pulmonary Fibrosis Advisory Board established under section 317U of the Public Health Service Act, as added by section 3 of this Act, shall prepare a comprehensive plan (in this section referred to as the ``National Pulmonary Fibrosis Action Plan''). (2) Report to congress.--Not later than one year after the date of the enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit the National Pulmonary Fibrosis Action Plan to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate. (b) Content.--The National Pulmonary Fibrosis Action Plan shall-- (1) focus on strategies to increase public education and awareness of pulmonary fibrosis; (2) accelerate patient education strategies, with respect to pulmonary fibrosis, nationwide; (3) address the need for new physician education strategies to improve diagnosis and treatment standards with respect to pulmonary fibrosis; (4) assess and monitor the costs of pulmonary fibrosis and its burden on patients and families; and (5) develop such strategies in partnership with patients, patient advocates, and others with expertise in research and care of pulmonary fibrosis. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2010. SEC. 6. NATIONAL SUMMIT. (a) In General.--Not later than one year after the date of the enactment of this Act, and every three years thereafter, the Secretary of Health and Human Services shall convene a summit of researchers, representatives of academic institutions, Federal and State policymakers, public health professionals, and patients, patient advocates, and others with expertise in research and care of pulmonary fibrosis to provide a detailed overview of current research activities at the National Institutes of Health, as well as to discuss and solicit input related to potential areas of collaboration between the National Institutes of Health and other Federal health agencies, including the Centers for Disease Control and Prevention, related to research, prevention, and treatment of pulmonary fibrosis. (b) Focus Areas.--The summit convened under subsection (a) shall focus on-- (1) a broad range of research activities relating to the epidemiology and pathogenesis of pulmonary fibrosis; (2) clinical research for the development and evaluation of treatments for pulmonary fibrosis; (3) translational research on evidence-based and cost- effective best practices in the treatment, prevention, and management of pulmonary fibrosis; (4) information and education programs on pulmonary fibrosis for health care professionals and the public; (5) priorities among the programs and activities of the various Federal agencies regarding pulmonary fibrosis; and (6) challenges and opportunities relating to pulmonary fibrosis for scientists, clinicians, patients, and patient advocates. (c) Report to Congress.--Not later than 180 days after the first day that the summit convenes under this section, the Director of the National Institutes of Health shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that includes a summary of the proceedings of the summit and a description of pulmonary fibrosis research, education, and other activities that are conducted or supported through the national research institutes of the National Institutes of Health. (d) Public Information.--The Secretary of Health and Human Services shall make readily available to the public information about the research, education, and other activities relating to pulmonary fibrosis and other related diseases conducted or supported by the National Institutes of Health.

Pulmonary Fibrosis Research Enhancement Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop a system to collect data on pulmonary fibrosis and other interstitial lung diseases; (2) establish the National PF Registry; and (3) establish the National Pulmonary Fibrosis Advisory Board. Allows the Secretary, acting through the Director of the CDC, to provide for the collection, analysis, and reporting of data on pulmonary fibrosis and other interstitial lung diseases that can be confused with, misdiagnosed as, and progress to pulmonary fibrosis. Requires the Secretary, in developing the Registry, to: (1) expand and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure; and (2) provide for research access to pulmonary fibrosis data. Directs the Secretary to ensure that epidemiological and other types of information are made available to the National Institutes of Health (NIH) and the Department of Veterans Affairs (VA). Requires the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate Institute pulmonary fibrosis research activities. Requires the Director of CDC to prepare the National Pulmonary Fibrosis Action Plan. Requires the Secretary to: (1) convene a summit of individuals with expertise in research and care of pulmonary fibrosis to provide a detailed overview of NIH research activities and discuss potential collaborations between NIH and other federal health agencies; and (2) make information about NIH activities relating to pulmonary fibrosis publicly available.

To expand the research, prevention, and awareness activities of the Centers for Disease Control and Prevention and the National Institutes of Health with respect to pulmonary fibrosis, and for other purposes.

TITLE I--DEFENSE SEC. 101. RECOVERY OF FULL COST OF MILITARY EXPORTS. (a) Recoupment of Certain Nonrecurring Costs in Commercial Export Sales of Major Defense Equipment.-- (1) In general.--Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended by adding at the end the following new subsection: ``(i)(1) Any sale involving the export of major defense equipment pursuant to a license or other approval granted under this section shall include an appropriate charge for a proportionate amount of the nonrecurring costs incurred by the United States in the research, development, and production of such equipment. Such charge shall be comparable to the charge imposed pursuant to section 21(e)(1)(B) of this Act relating to government-to-government sales of major defense equipment. ``(2) The charge provided for in paragraph (1) shall not apply with respect to major defense equipment that is wholly paid for from funds transferred under section 503(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2311(a)(3)) or from funds made available on a grant or other nonrepayable basis under section 23 of this Act.''. (2) Effective date.--Section 38(i) of the Arms Export Control Act, as added by paragraph (1), applies with respect to major defense equipment sold pursuant to a contract entered into on or after the date of the enactment of this Act. (b) Recovery of Certain Administrative Expenses in Connection With Foreign Military Sales.--Section 43(b) of the Arms Export Control Act (22 U.S.C. 2792(b)) is amended-- (1) by adding ``and'' at the end of paragraph (1); (2) by striking ``; and'' at the end of paragraph (2) and inserting a period; and (3) by striking paragraph (3). TITLE II--OTHER DISCRETIONARY ACCOUNTS SEC. 201. TERMINATION OF SPACE STATION PROGRAM. (a) Termination.--The Administrator of the National Aeronautics and Space Administration shall terminate the participation of the United States in the International Space Station program. (b) Termination Costs.--There are authorized to be appropriated to the Administrator of the National Aeronautics and Space Administration $700,000,000 for fiscal year 2000 for costs associated with carrying out subsection (a). SEC. 202. ELIMINATION OF LOAN SUBSIDIES AVAILABLE UNDER THE RURAL ELECTRIFICATION ACT OF 1936. (a) In General.--Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901-946) is amended by adding at the end the following: ``SEC. 19. INTEREST RATE ON LOANS AND ADVANCES UNDER THIS ACT. ``The rate of interest on any loan made under this Act on or after the date of the enactment of this section, and the rate of interest on any advance made under this Act on or after such date under loan commitments made at any time, shall equal the coupon equivalent yield on obligations of the Treasury of the United States of comparable maturity, at the most recent auction of such obligations by the Department of the Treasury. ``SEC. 20. LOAN ORIGINATION FEES. ``(a) In General.--The Secretary and the Governor of the telephone bank shall charge and collect a loan origination fee, in an amount determined by use of the schedule prescribed under subsection (b), from each borrower to whom a loan is made under this Act on or after the date of the enactment of this section. ``(b) Fee Schedule.--The Secretary shall prescribe a schedule of loan origination fees to be collected under subsection (a), which shall be calculated so as to result in the collection of amounts sufficent to cover the cost of defaults on loans made under this Act on or after the date of the enactment of this section.''. (b) Conforming Amendments.-- (1) Section 305(a) of such Act (7 U.S.C. 935(a)) is amended by striking ``and at the interest rates hereinafter provided''. (2) Section 305(c)(1) of such Act (7 U.S.C. 935(c)(1)) is amended by striking ``of 5 percent per year'' each place it appears and inserting ``determined pursuant to section 19''. (3) Section 305(c)(2)(A) of such Act (7 U.S.C. 935(c)(2)(A)) is amended-- (A) by striking ``the interest rate described in subparagraph (B)'' and inserting ``an interest rate determined pursuant to section 19''; and (B) by striking ``(C)'' and inserting ``(B)''; (4) Section 305(c)(2)(C)(i) of such Act (7 U.S.C. 935(c)(2)(C)(i)) is amended by striking ``subparagraph (B)'' and inserting ``section 19''. (5) Section 305(c)(2) of such Act (7 U.S.C. 935(c)(2)) is amended by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (6) Section 305(d)(1)(A) of such Act (7 U.S.C. 935(d)) is amended by striking ``of 5 percent per year'' and inserting ``determined pursuant to section 19''. (7) Section 305(d)(2) of such Act (7 U.S.C. 935(d)(2)) is amended by striking ``equal to the then current cost of money to the Government of the United States for loans of similar maturity, but not more than 7 percent per year,'' and inserting ``determined pursuant to section 19''. (8) Section 305(d)(3)(C) of such Act (7 U.S.C. 935(d)(3)(C)) is amended by striking ``408(b)(4)(C)'' and inserting ``408(b)(3)(C)''. (9) Section 306C(c)(1) of such Act (7 U.S.C. 936c(c)(1)) is amended-- (A) by striking ``the interest rate described in paragraph (2)'' and inserting ``an interest rate determined pursuant to section 19''; and (B) by striking ``(3)'' and inserting ``(2)''. (10) Section 306C(c)(3)(A) of such Act (7 U.S.C. 936c(c)(3)(A)) is amended by striking ``paragraph (2)'' and inserting ``section 19''. (11) Section 306C(c)(4) of such Act (7 U.S.C. 936c(c)(4)) is amended by striking ``(3)'' and inserting ``(2)''. (12) Section 306C(c) of such Act (7 U.S.C. 936c(c)) is amended by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (13) Section 306C of such Act (7 U.S.C. 936c) is amended by striking subsection (d). (14) Section 310 of such Act (7 U.S.C. 940) is amended by striking ``provided in section 305'' and inserting ``determined pursuant to section 19''. (15) Section 408(b)(2) of such Act (7 U.S.C. 948(b)(2)) is amended by striking ``, however, to'' and inserting ``to section 19 and''. (16) Section 408(b) of such Act (7 U.S.C. 948(b)) is amended by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. (17) Section 408(e) of such Act (7 U.S.C. 948(e)) is amended by striking the 1st and 2nd sentences. SEC. 203. ELIMINATION OF BELOW-COST SALES OF TIMBER FROM NATIONAL FOREST SYSTEM LANDS. The National Forest Management Act of 1976 is amended by inserting after section 14 (16 U.S.C. 472a) the following new section: ``SEC. 14A. ELIMINATION OF BELOW-COST TIMBER SALES FROM NATIONAL FOREST SYSTEM LANDS. ``(a) Requirement That Sale Revenues Exceed Costs.--On and after October 1, 2003, in appraising timber and setting a minimum bid for trees, portions of trees, or forest products located on National Forest System lands proposed for sale under section 14 or any other provision of law, the Secretary of Agriculture shall ensure that the estimated cash returns to the United States Treasury from each sale exceed the estimated costs to be incurred by the Federal Government in the preparation of the sale or as a result of the sale. ``(b) Costs To Be Considered.--For purposes of estimating under this section the costs to be incurred by the Federal Government from each timber sale, the Secretary shall assign to the sale the following costs: ``(1) The actual appropriated expenses for sale preparation and harvest administration incurred or to be incurred by the Federal Government from the sale and the payments to counties to be made as a result of the sale. ``(2) A portion of the annual timber resource planning costs, silvicultural examination costs, other resource support costs, road design and construction costs, road maintenance costs, transportation planning costs, appropriated reforestation costs, timber stand improvement costs, forest genetics costs, general administrative costs (including administrative costs of the national and regional offices of the Forest Service), and facilities construction costs of the Federal Government directly or indirectly related to the timber harvest program conducted on National Forest System lands. ``(c) Method of Allocating Costs.--The Secretary shall allocate the costs referred to in subsection (b)(2) to each unit of the National Forest System, and each proposed timber sale in such unit, on the basis of harvest volume. ``(d) Transitional Requirements.--To ensure the elimination of all below-cost timber sales by the date specified in subsection (a), the Secretary shall progressively reduce the number and size of below-cost timber sales on National Forest System lands as follows: ``(1) In fiscal years 2000 and 2001, the quantity of timber sold in below-cost timber sales on National Forest System lands shall not exceed 75 percent of the quantity of timber sold in below-cost timber sales in the preceding fiscal year. ``(2) In fiscal year 2002, the quantity of timber sold in below-cost timber sales on National Forest System lands shall not exceed 65 percent of the quantity of timber sold in below- cost timber sales in fiscal year 1999. ``(3) In fiscal years 2003 and 2004, the quantity of timber sold in below-cost timber sales on National Forest System lands shall not exceed 50 percent of the quantity of timber sold in below-cost timber sales in the fiscal year 2002. ``(e) Below-Cost Timber Sale.--For purposes of this section, the term `below-cost timber sale' means a sale of timber in which the costs to be incurred by the Federal Government exceed the cash returns to the United States Treasury.''. SEC. 204. ELIMINATION OF THE FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. Title VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5712 et seq.) is repealed. SEC. 205. ELIMINATION OF COCHRAN FELLOWSHIP PROGRAM. Section 1543 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293) is repealed. SEC. 206. ELIMINATION OF SUPPORT FOR PRODUCERS AND USERS OF COMMERCIAL AIRLINERS. The Administrator of the National Aeronautics and Space Administration shall not obligate any funds for the Advanced Subsonic Technology Program, High-Speed Research, or the National Aeronautics Facility. SEC. 207. ELIMINATION OF APPALACHIAN REGIONAL COMMISSION. Effective September 30, 1999, the Appalachian Regional Development Act of 1965 (Public Law 89-4) is repealed. SEC. 208. ELIMINATION OF FEDERAL FUNDING FOR TVA. Section 27 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831z) is amended to read as follows: ``Sec. 27. No appropriations are authorized to carry out the provisions of this Act after September 30, 1999.''. TITLE III--ENTITLEMENTS SEC. 301. SALE AND PURCHASE OF POWER BY FEDERAL POWER MARKETING ADMINISTRATIONS. (a) Market Based Rates.--Notwithstanding sections 4 and 5 of the Bonneville Project Act of 1937 (16 U.S.C. 832), sections 9 and 10 of the Federal Columbia River Transmission System Act (16 U.S.C. 838 and following), the Act of August 31, 1964 (16 U.S.C. 837-837h), section 7 of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839-839h), section 5 of the Flood Control Act of 1944, the Department of Energy Organization Act (Public Law 93-454), or any other authority of law, for any contract or other arrangement entered into by any Federal Power Marketing Administration after October 1, 1999 for the sale of electric power-- (1) the rate for the sale of such power shall be the market rate established by competitive bidding and no discount or special rate shall be provided to any purchaser; and (2) no public body or cooperative, Federal agency, investor-owned utility, direct service industrial customer, or other entity shall be entitled to any preference or priority right to contract for or otherwise purchase such power. Nothing in this subsection shall affect any contract entered into before October 1, 1999. Notwithstanding the Federal Power Act or section 7 of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839-839h), the Federal Energy Regulatory Commission shall not be authorized or required to approve or confirm any rate for the sale of electric power or transmission services established under this subsection. (b) Termination of Residential Exchange Program.--Section 5(c) of the Pacific Northwest Power Planning and Conservation Act (16 U.S.C. 839-839h) shall not apply to any contract or other arrangement for the purchase or sale of electric power entered into after October 1, 1999. (c) Contract Renewal.--After the enactment of this Act, no Federal Power Marketing Administration may enter into or renew any power marketing contract for a term that exceeds 5 years. SEC. 302. ELIMINATION OF MARKET ACCESS PROGRAM. Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) is repealed. SEC. 303. INCREASE IN ASSESSMENTS UNDER TOBACCO PRICE SUPPORT PROGRAM. (a) Increase in Assessment Rate.--Section 106(g)(1) of the Agricultural Act of 1949 (7 U.S.C. 1445(g)(1)) is amended-- (1) in subparagraph (A), by striking ``.5 percent'' and inserting ``1 percent''; and (2) in subparagraph (B), by striking ``1 percent'' and inserting ``2 percent''. (b) Duration of Assessments.--Such section is further amended by striking ``1998 crops'' and inserting ``2004 crops''.

TABLE OF CONTENTS: Title I: Defense Title II: Other Discretionary Accounts Title III: Entitlements Title I: Defense - Amends the Arms Export Control Act to provide that any sale of major defense equipment approved under such Act shall include an appropriate charge for costs incurred by the United States in the research, development, and production of such equipment. Provides an exception. Repeals a provision of such Act which allows for the recovery of certain administrative expenses when such expenses are neither salaries of U.S. armed forces nor unfunded estimated costs of civilian retirement and other benefits. Title II: Other Discretionary Accounts - Requires the Administrator of the National Aeronautics and Space Administration (NASA) to terminate U.S. participation in the International Space Station program. Authorizes appropriations for termination costs. (Sec. 202) Amends the Rural Electrification Act of 1936 to require the interest rates on loans and advances under such Act to equal the coupon equivalent yield on Treasury obligations of comparable maturity at the most recent Treasury auction. Provides for loan origination fees from borrowers of loans made under such Act. Eliminates references to existing interest rates under such Act. (Sec. 203) Amends the National Forest Management Act of 1976 to eliminate below-cost timber sales from National Forest System lands. (Sec. 204) Repeals provisions of the Agricultural Trade Act of 1978 regarding the foreign market development cooperator program. (Sec. 205) Repeals provisions of the Food, Agriculture, Conservation, and Trade Act of 1990 regarding the Cochran Fellowship Program. (Sec. 206) Prohibits the NASA Administrator from obligating funds for the Advanced Subsonic Technology Program, High-Speed Research, or the National Aeronautics Facility. (Sec. 207) Repeals the Appalachian Regional Development Act of 1965 effective September 30, 1999. (Sec. 208) Amends the Tennessee Valley Authority Act of 1933 to prohibit the authorization of appropriations to carry out such Act after September 30, 1999. Title III: Entitlements - Requires, for any arrangement for the sale of electric power entered into by a Federal Power Marketing Administration after October 1, 1999, that: (1) the rate for the sale of power be the market rate established by competitive bidding and no discount be provided to any purchaser; and (2) no entity be entitled to any preference or priority right to contract for or purchase such power. Makes certain provisions of the Pacific Northwest Electric Power Planning and Conservation Act regarding a residential power exchange program inapplicable to arrangements for the purchase or sale of electric power entered into after October 1, 1999. Prohibits Federal Power Marketing Administrations from entering into or renewing a power marketing contract for a term that exceeds five years. (Sec. 302) Repeals provisions of the Agricultural Trade Act of 1978 regarding a market access program. (Sec. 303) Amends the Agricultural Act of 1949 to extend and increase tobacco price support program marketing assessments on producers, purchasers, and importers.

To reduce Federal spending in several programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consortia-Led Energy and Advanced Manufacturing Networks Act''. SEC. 2. DEFINITIONS. In this Act: (1) Clean technology.--The term ``clean technology'' means a technology, production process, or methodology that-- (A) produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, and other renewable energy sources (as defined in section 609 of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c)); (B) more efficiently transmits, distributes, or stores energy; (C) enhances energy efficiency for buildings and industry, including combined heat and power; (D) enables the development of a Smart Grid (as described in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381)), including integration of renewable energy sources and distributed generation, demand response, demand side management, and systems analysis; (E) produces an advanced or sustainable material with energy or energy efficiency applications; (F) improves energy efficiency for transportation, including electric vehicles; (G) enhances water security through improved water management, conservation, distribution, and end use applications; or (H) addresses challenges in advanced manufacturing and supply chain integration. (2) Cluster.--The term ``cluster'' means a network of entities directly involved in the research, development, finance, and commercial application of clean technologies whose geographic proximity facilitates the use and sharing of skilled human resources, infrastructure, research facilities, educational and training institutions, venture capital, and input suppliers. (3) Consortium.--The term ``consortium'' means a clean technology consortium established in accordance with this Act. (4) Project.--The term ``project'' means an activity with respect to which a consortium provides support under this Act. (5) Qualifying entity.--The term ``qualifying entity'' means-- (A) a research university; (B) a Federal or State institution with a focus on developing clean technologies or clusters; and (C) a nongovernmental organization with expertise in translational research, clean technology, or cluster development. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (7) Translational research.--The term ``translational research'' means the coordination of basic or applied research with technical applications to enable promising discoveries or inventions to achieve commercial application. SEC. 3. ESTABLISHMENT OF CLEAN TECHNOLOGY CONSORTIA PROGRAM. (a) In General.--The Secretary shall establish and carry out a program to establish clean technology consortia to enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufacture, and deployment of clean, state-of-the-art technologies. (b) Program.--The Secretary shall carry out the program described in subsection (a) by leveraging the expertise and resources of private research communities, institutions of higher education, industry, venture capital, National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), and other participants in technology innovation-- (1) to support collaborative, cross-disciplinary research and development in areas not being served by the private sector; and (2) to develop and accelerate the commercial application of innovative clean technologies. (c) Role of the Secretary.--The Secretary shall-- (1) carry out and oversee all aspects of the program described in subsection (a); (2) select recipients of grants for the establishment and operation of consortia through a competitive selection process; and (3) coordinate the innovation activities of consortia with activities carried out by the Secretary of Energy, the Secretary of Defense, other Federal agency heads, private industry, and academia, including by annually-- (A) issuing guidance regarding national clean technology and development priorities and strategic objectives; and (B) convening a conference relating to clean technology, which shall bring together representatives of Federal agencies, private industry, academia, and other entities to share research and commercialization results, program plans, and opportunities for collaboration. SEC. 4. APPLICATIONS. (a) In General.--To receive support under this Act, a consortium shall submit to the Secretary an application in such manner, at such time, and containing such information as the Secretary determines to be necessary. (b) Eligibility.--A consortium shall be eligible to receive support under this Act if-- (1) the consortium consists of-- (A) 1 or more research universities that can demonstrate a significant annual clean technology research budget, entrepreneurial support programs, and technology licensing expertise; and (B) a total of 5 or more qualifying entities that can demonstrate expertise in translational research, clean technology, and cluster development; (2) the members of the consortium have established a binding agreement that documents-- (A) the structure of the partnership agreement; (B) a governance and management structure that enables cost-effective implementation of the program; (C) a conflicts of interest policy; (D) an accounting structure that meets the requirements of the Secretary and that may be audited under this Act; and (E) the existence of an external advisory committee; (3) the consortium receives funding from non-Federal sources, such as a State and participants of the consortium, that may be used to support projects; (4) the consortium is part of an existing cluster or demonstrates high potential to develop a new cluster; and (5) the consortium operates as a nonprofit organization or as a public-private partnership under an operating agreement led by a nonprofit organization. (c) Selection.--The Secretary may disqualify an application from a consortium under this Act if the Secretary determines that the conflicts of interest policy of the consortium is inadequate. (d) External Advisory Committees.-- (1) In general.--To be eligible to receive a grant under this Act, a consortium shall establish an external advisory committee, the members of which shall have extensive and relevant scientific, technical, industry, financial, or research management expertise. (2) Duties.--An external advisory committee shall-- (A) review the proposed plans, programs, project selection criteria, and projects of the consortium; and (B) ensure that projects selected by the consortium meet the applicable conflicts of interest policy of the consortium. (3) Members.--An external advisory committee shall consist of-- (A) the Secretary; (B) representatives of the members of the consortium; and (C) such representatives of private industry, including entrepreneurs and venture capitalists, as the Secretary and members of the consortium determine to be necessary. SEC. 5. GRANTS. (a) In General.--The Secretary shall award grants, on a competitive basis, to 6 or more consortia. (b) Terms.-- (1) In general.--The initial term of a grant awarded under this Act shall not exceed 5 years. (2) Extension.--The Secretary may extend the term of a grant awarded under this Act for a period of not more than 5 additional years. (c) Amounts.-- (1) In general.--A grant awarded to a consortium under this Act shall not exceed-- (A) $30,000,000 per fiscal year; or (B) the collective contributions of non-Federal entities to the consortium, as described in section 4(b)(3). (2) Flexibility.--In determining the amount of a grant under this section, the Secretary shall consider-- (A) the translational research capacity of the consortium; (B) the financial, human, and facility resources of the qualifying entities; and (C) the cluster of which the consortium is a part. (3) Increases in amounts.--Subject to paragraph (1), a consortium may request an increase in the amount of a grant awarded under this Act at the time the consortium requests an extension of an initial grant. (d) Use of Amounts.-- (1) In general.--Subject to paragraph (3), a consortium awarded a grant under this Act shall use the amounts to support translational research, technology development, manufacturing innovation, and commercialization activities relating to clean technology. (2) Project selection.--As a condition of receiving a grant under this Act, a consortium shall-- (A) develop and make available to the public on the website of the Department of Commerce proposed plans, programs, project selection criteria, and terms for individual project awards; (B) establish conflicts of interest procedures, consistent with those of the Department of Commerce, to ensure that employees and designees for consortium activities who are in decisionmaking capacities disclose all material conflicts of interest, including financial, organizational, and personal conflicts of interest; (C) establish policies-- (i) to prevent resources provided to the consortium from being used to displace private sector investment otherwise likely to occur, including investment from private sector entities that are members of the consortium; (ii) to facilitate the participation of private entities that invest in clean technologies to perform due diligence on award proposals, to participate in the award review process, and to provide guidance to projects supported by the consortium; and (iii) to facilitate the participation of parties with a demonstrated history of commercial application of clean technologies in the development of consortium projects; (D) oversee project solicitations, review proposed projects, and select projects for awards; and (E) monitor project implementation. (3) Limitations.-- (A) Administrative expenses.--A consortium may use not more than 10 percent of the amounts awarded to the consortium for administrative expenses. (B) Prohibition on use.--A consortium shall not use any amounts awarded to the consortium under this Act to construct a new building or facility. (e) Audits.-- (1) In general.--A consortium that receives a grant under this Act shall carry out, in accordance with such requirements as the Secretary may prescribe, an annual audit to determine whether the grant has been used in accordance with this Act. (2) Report.--The consortium shall submit a copy of each audit under paragraph (1) to the Secretary and the Comptroller General of the United States. (3) GAO review.--As a condition of receiving a grant under this Act, a consortium shall allow the Comptroller General of the United States, on the request of the Comptroller General, full access to the books, records, and personnel of consortium. (4) Reports to congress.--The Secretary shall submit to Congress annually a report that includes-- (A) a copy of the audit described in paragraph (1); and (B) any recommendations of the Secretary relating to the clean technology consortia program. (f) Revocation of Awards.--The Secretary shall have the authority-- (1) to review grants awarded under this Act; and (2) to revoke a grant awarded under this Act if the Secretary determines that a consortium has used the grant in a manner that is not consistent with this Act. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000. (2) Rescission.--There is hereby rescinded, from appropriated discretionary funds that remain available to the Secretary for obligation as of the date of enactment of this Act, $100,000,000.

Consortia-Led Energy and Advanced Manufacturing Networks Act - Directs the Secretary of Commerce to establish a program of clean technology consortia by leveraging the expertise and resources of private research communities, higher education institutions, industry, venture capital, National Laboratories, and other participants in technology innovation. Describes such technology as a technology, production process, or methodology that, among other things, produces energy from renewable sources, produces an advanced or sustainable material with energy or energy efficiency applications, improves energy efficiency or water conservation and management, or addresses challenges in advanced manufacturing and supply chain integration. Sets forth eligibility criteria for support under this Act, including regarding technology expertise, membership agreement policies, funding sources, and operation as a nonprofit organization or a public-private partnership under the leadership of a nonprofit organization. Requires a consortium, in order to receive a grant, to establish an external advisory committee to review plans, programs, and projects and ensure that projects comply with the consortium's conflict of interest policy. Provides the terms of grants, which shall not exceed five years initially. Limits grant amounts to $30 million per fiscal year or the collective contributions of non-federal entities. Requires grants to be used for support of translational research, technology development, manufacturing innovation, and commercialization activities relating to clean technology. Sets forth audit and reporting requirements.

Consortia-Led Energy and Advanced Manufacturing Networks Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) The members of the Burt Lake Band of Ottawa and Chippewa Indians, whose historic name is the Cheboigan (or Cheboygan) Band, are descendants and political successors to signatories of the 1836 Treaty of Washington and the 1855 Treaty of Detroit. The Band was twice recognized by the United States, on a government-to-government relationship basis, through the execution and ratification of those treaties. (2) The 1836 Treaty of Washington provided that the Cheboigan Band would receive a reservation of 1,000 acres on the Cheboigan, within its aboriginal territory, but the United States failed to provide that reservation. The 1855 Treaty of Detroit provided for the withdrawal of unsold lands in 2 Michigan townships 35 North and 36 North Range 3 West for the use of the Cheboygan Band, but due to the Federal Government's failure to act, those members who selected allotments within that area were not awarded those individual land holdings until 3 years after a special Act of Congress was passed in 1872. (3) Between 1845 and 1850 the Band's members used treaty annuity payments to purchase land for the Band in Burt Township, Cheboygan County, Michigan. That land, called Colonial Point, was placed in trust with the Governor of Michigan on the advice of Federal Indian agents. (4) During the next 50 years, questions arose regarding the taxability of the property, and the acreage was ultimately sold for back taxes in 1900. (5) After the Band was forcibly evicted from Colonial Point and its village was burned to the ground by its new owner, John McGinn, the majority of the Band's families took up residency on nearby Indian Road on lands which other Band members had purchased or received as treaty allotments or homesteads. (6) In 1911, the United States filed suit in the United States Federal District Court for Eastern Michigan seeking to regain possession of the Colonial Point Lands (United States v. McGinn, Equity No. 94, filed June 11, 1911). In its complaint, the United States advised the Court that it was suing on behalf of the: ``Cheboygan band of Indians [which] is now and was at all the times mentioned in this bill of complaint a tribe of indians [sic] under the care, control, and guardianship of the plaintiff and said band is now and was at all times mentioned in this bill of complaint recognized by the plaintiff through its chiefs or head men which it annually elects.''. (7) In 1917, the Federal District Court decided the McGinn case against the United States finding that the language in the Colonial Point deeds did not prevent the Colonial Point land from being taxed. (8) Over the next 20 years, members of the Band asked the United States to appeal, or otherwise rectify the District Court's decision, but no Federal action was taken. Throughout this period, the United States continued to provide the Band and its members with many of the same Federal services that were being provided to other Indian tribes in Michigan. (9) The Act of June 18, 1934 (hereafter in this Act referred to as the ``Indian Reorganization Act''), authorized and directed the Bureau of Indian Affairs to provide technical assistance and Federal funds to petitioning tribes to assist them in reorganizing their governments and improving their economies. Members of the Cheboigan Band, as well as members of other landless treaty Tribes in Michigan, submitted petitions to receive that assistance. Similar petitions were also submitted by 4 Michigan bands that still held communal lands. Possession of a tribal land base was a prerequisite to the receipt of most of the Federal funds and services provided for in the Indian Reorganization Act. (10) While the Indian Reorganization Act directed the Secretary to assist landless bands, like Burt Lake, and authorized Federal funds to acquire land for landless tribes, no Federal funds were appropriated to acquire new tribal lands for any of the landless bands in Michigan. After struggling with this dilemma, the Bureau of Indian Affairs extended the benefits of the Indian Reorganization Act to only those 4 Michigan tribes that had an existing land base on the date of the enactment of the Indian Reorganization Act. Of the Ottawa and Chippewa Tribes who signed the 1836 and 1855 Treaties, only 1 group, the Bay Mills Indian Community was reaffirmed. (11) The failure of the Bureau of Indian Affairs to grant Indian Reorganization Act benefits to the Cheboigan Band did not terminate the band's government-to-government relationship with the United States, and Congress has never taken any action to terminate the Federal acknowledgment of the Burt Lake Band. (12) The Bureau of Indian Affairs lacked and lacks the legal authority to terminate a tribe that has been acknowledged by an Act of Congress. (13) In recent years, the Federal recognition of the following Michigan tribes, who were also denied the benefits of the Indian Reorganization Act, has been reaffirmed: (A) The Sault Ste. Marie Tribe of Chippewa was reaffirmed by a Memorandum of the Commissioner of Indian Affairs on September 7, 1972. (B) The Grand Traverse Band of Ottawa and Chippewa Indians was reaffirmed by the Bureau of Indian Affairs Branch of Acknowledgment on May 27, 1980. (C) The Little Traverse Bay Bands of Odawa Indian and the Little River Band of Ottawa Indians each had its Federal status reaffirmed by an Act of Congress on September 21, 1994. (D) The Lac Vieux Desert Band of Lake Superior Chippewa Indians had its Federal status reaffirmed by an Act of Congress at the request of the Administration on September 8, 1988. (E) The Pokagon Indian Nation had its Federal status reaffirmed by an Act of Congress on September 21, 1994. (F) The Huron Potawatomi Nation had its Federal status reaffirmed by the Bureau of Indian Affairs' Branch of Acknowledgment and Research on March 17, 1996. (G) The Gun Lake Tribe (Match-She-Be-Nash-She-Wish) had its Federal status reaffirmed by the Bureau of Indian Affairs' Office of Federal Acknowledgment on August 23, 1999. (14) The Band has been consistently recognized by third parties as a distinct Indian community since well before 1900. (15) All of the Band's adult members are the children, grandchildren, or great grandchildren of Indian persons who resided on or near Colonial Point or Indian Road at the time of the Burn Out. Most of the Band's adult members grew up on or near Indian Road or had an immediate family member who did. As the result, the Band's members have maintained very close social and political ties. (16) The Band's families have and continue to provide mutual aid to each other, visit each other regularly, mobilize to assist each other in times of need, practice traditional arts and crafts, gather for Ghost Suppers, decorate the graves of their ancestors, and participate in other traditional tribal ceremonies and events. (17) Since 1829 the Band's members have attended and consistently mobilized to maintain the Indian Mission Church of St. Mary's, first on Colonial Point and later on Indian Road. The Band's members have also worked together to maintain the Tribe's 2 Indian cemetaries. They have also dug the graves and buried their relatives in those 2 Indian cemeteries for almost 200 years. (18) The Band's members have throughout time made formal and informal decisions for the community. The Band has also organized its own modern tribal government without the assistance of the Bureau of Indian Affairs. (19) The majority of the Band's elders have a high degree of Indian blood and continue to speak the Ottawa language when they gather with each other. Before World War II, more than 50 percent of the Burt Lake families were still speaking the traditional language in their homes, and more than 50 percent of those tribal members who were married were married to other Ottawa and Chippewa individuals. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Band'' or ``Tribe'' means the Burt Lake Band of Ottawa and Chippewa Indians which was previously called the Cheboigan or Cheboygan Band of Ottawa and Chippewa Indians; (2) the term ``Burn Out'' means the destruction of the Colonial Point Indian Village of the Burt Lake Band in 1900; (3) the term ``OFA'' means the Office of Federal Acknowledgment, a Branch of the United States Department of Interior's Bureau of Indian of Indian Affairs; and (4) the term ``Secretary'' means the Secretary of the Interior. SEC. 4. FEDERAL RECOGNITION. (a) Federal Recognition.--Federal recognition of the Burt Lake Band of Ottawa and Chippewa Indians is hereby reaffirmed. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians including the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly referred to as the ``Indian Reorganization Act''), which are inconsistent with any specific provision of this Act shall not be applicable to the Band and its members. (b) Federal Services and Benefits.-- (1) In general.--Notwithstanding any other provision of law, after the date of the enactment of this Act, the Band and its members shall be eligible for all services and benefits provided by the Federal Government to Indians because of their status as federally recognized Indians without regard to the existence of a reservation or the location of the residence of any member on or near any Indian reservation. (2) Service area.--For purposes of the delivery of Federal services to the enrolled members of the Band and to other Indians, all of Cheboygan County Michigan, and any area in the State of Michigan that is outside of Cheboygan County, but located within 25 miles of the Tribe's Cemetery at the St. Mary's Indian Mission Church, shall be deemed to be within the Service Area of the Burt Lake Band. Nothing contained herein shall prohibit the Federal Government from providing services to members of the Band who reside or are domiciled outside this Service Area, or from otherwise expanding the Band's Service Area in compliance with applicable Federal law and policy. If any part of the Band's service area overlaps with the service area of another federally recognized Indian tribe, that overlap shall be addressed in compliance with existing Federal policies and regulations. SEC. 5. REAFFIRMATION OF RIGHTS. (a) In General.--All rights and privileges of the Band and its members, which may have been abrogated or diminished before the date of the enactment of this Act are hereby reaffirmed. (b) Existing Rights of Tribe.--Nothing in this Act shall be construed to diminish any right or privilege of the Band or of its members that existed before the date of the enactment of this Act. Except as otherwise specifically provided in any other provision of this Act, nothing in this Act shall be construed as altering or affecting any legal or equitable claim the Band may have to enforce any right or privilege reserved by or granted to the Band which was wrongfully denied to or taken from the Band before the enactment of this Act. SEC. 6. TRIBAL LANDS. The Secretary shall acquire real property in Cheboygan County in trust for the benefit of the Burt Lake Band of Ottawa and Chippewa Indians, if at the time of such acceptance by the Secretary, there are no adverse legal claims on such property including outstanding liens, mortgages or taxes owed. Such lands shall become part of the initial reservation of the Band at the request of the Band. The Secretary is also authorized to acquire and accept real property in other geographic areas into trust for the benefit of the Band and to declare those lands to be a part of the Band's Reservation or Initial Reservation to the full extent otherwise authorized by applicable law. SEC. 7. MEMBERSHIP. (a) In General.--Membership in the Burt Lake Band of Ottawa and Chippewa Indians shall consist of persons who can present evidence, acceptable to the Tribe, showing that they meet the requirements of subsection (b), and persons who meet such other requirements as are specified by the Tribe in its Tribe's Constitution and Enrollment Ordinance as the same may be from time to time amended. (b) Membership Criteria.-- (1) To qualify for membership in the Burt Lake Band of Ottawa and Chippewa Indians, a person must be able to demonstrate through evidence acceptable to the Tribe that the person meets at least one of the following requirements: (A) The person descends from one or more tribal members who were domiciled at Colonial Point, Burt Township, Cheboygan County, Michigan before or at the time that the Tribe's village was burned in October 1900, as said tribal members are identified in the United States v. McGinn litigation and related documents, and/or the 1950 Albert Shananaquet list of Colonial Point Residents. (B) The person descends from one or more tribal members who are listed on the 1900 and/or the 1910 Burt Lake Township Federal Census, Indian Enumeration Schedule. (C) The person has an Indian ancestor who was, prior to 1910, living in tribal relations with the Burt Lake Band of Ottawa and Chippewa Indians as the Burt Lake Band is defined in this Act. (D) The person descends from Rose Midwagon Moses. (2) In addition to the requirements under paragraph (1), to qualify for membership in the Burt Lake Band of Ottawa and Chippwa Indians, a person must be able to demonstrate through evidence acceptable to the Tribe that the person meets all of the following criteria: (A) That the person is in tribal relations with other Burt Lake Band members. (B) That the person's ancestors have lived in tribal relations with other Burt Lake Band members on a substantially continuous basis from 1910 to the present. (C) That the person has a completed tribal membership enrollment file as prescribed by the Tribal Enrollment Ordinance. (D) That the person's membership application has been processed and that the person has been approved for membership in the Burt Lake Band in the manner prescribed by the Tribal Enrollment Ordinance. (c) Base Roll.--The base roll of the Burt Lake Band of Ottawa and Chippewa Indians shall consist of the 320 persons whose names were listed on the official roll of the Burt Lake Band which were members submitted by the Band to the Bureau of Indian Affairs' Office of Federal Acknowledgment on May 2, 2005, and shall also include the biological sons and daughters who were born to those members between the submission of that list and the enactment of this Act. SEC. 8. CONSTITUTION. The initial Constitution of the Burt Lake Band of Ottawa and Chippewa Indians shall be the Constitution which the Band submitted to the Bureau of Indian Affairs' Office of Federal Acknowledgment on May 2, 2005.

Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation Act - Reaffirms federal recognition and the rights and privileges of the Burt Lake Band of Ottawa and Chippewa Indians (Cheboigan or Cheboygan Band, in Michigan). Entitles such Band to the federal services and benefits provided to recognized Indians. Provides for lands to be acquired and held in trust for the Band by the Secretary of the Interior.

To reaffirm and clarify the Federal relationship of the Burt Lake Band as a distinct federally recognized Indian Tribe, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Privacy and Nondiscrimination Act of 1997''. SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION. (a) Group Coverage.-- (1) Amendments to public health service act.-- (A) Inclusion of genetic testing in nondiscrimination requirements.--Section 2702(a)(1)(F) of the Public Health Service Act (42 U.S.C. 300gg- 1(a)(1)(F)), as added by section 102(a) of Health Insurance Portability and Accountability Act of 1996, is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Prohibitions against use and disclosure of genetic information.--Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. PROHIBITIONS AGAINST USE AND DISCLOSURE OF GENETIC INFORMATION. ``(a) Prohibition of Use of Genetic Information.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, may not use genetic information to reject, deny, limit, cancel, refuse to renew, establish differential rates or premium payments for, or otherwise affect benefits provided under the plan or health insurance coverage offered in connection with the plan. ``(b) Prohibition of Disclosure of Genetic Information.-- ``(1) In general.--Except as provided in paragraph (2), regardless of the manner in which genetic information was received, or of the source of such information, including information received from an individual, a health insurance issuer in connection with health insurance coverage offered in connection with a group health plan and a group health plan may not disclose or be compelled (by subpoena or any other means) to disclose genetic information about an individual unless such disclosure is specifically authorized by the individual involved or the legal representative of the individual through a written authorization which includes a description of the information being disclosed, the name of the individual or entity to whom the disclosure is being made, and the purpose of the disclosure. ``(2) Exceptions.--Notwithstanding paragraph (1), genetic information concerning an individual may be disclosed if such disclosure-- ``(A) is authorized under Federal or State criminal laws relating to the identification of individuals, or as is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; ``(B) is required under the specific order of a Federal or State court; ``(C) is authorized under Federal or State law for the purpose of establishing paternity; or ``(D) is for the purpose of identifying bodies. ``(3) Application of subsection.--The prohibitions of this subsection shall apply to any redisclosure by any entity after another entity has disclosed the genetic information.''. (C) Definitions.--Section 2791(d) of the Public Health Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at the end the following new paragraph: ``(15) Genetic information; genetic test.-- ``(A) Genetic information.--The term `genetic information' with respect to an individual means information about the genes of the individual or a member of the individual's family or about any gene products or inherited characteristics that may derive from the individual or a member of the individual's family. ``(B) Genetic test.--The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual, including tests of nucleic acids such as DNA, RNA, and mitochondrial DNA, chromosomes, or proteins in order to diagnose a genetic characteristic.''. (D) Conforming amendment.--Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.-- (A) Inclusion of genetic testing in nondiscrimination requirements.--Section 702(a)(1)(F) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(1)(F)), as added by section 101(a) of Health Insurance Portability and Accountability Act of 1996, is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Prohibition against use and disclosure of genetic information.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. PROHIBITION AGAINST USE AND DISCLOSURE OF GENETIC INFORMATION. ``(a) Prohibition of Use of Genetic Information.--A group health plan, and a health insurance insurer offering health insurance coverage in connection with a group health plan, may not use genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, or otherwise affect benefits provided under the plan or health insurance coverage offered in connection with the plan. ``(b) Prohibition of Disclosure of Genetic Information.-- ``(1) In general.--Except as provided in paragraph (2), regardless of the manner in which genetic information was received, or of the source of such information, including information received from an individual, a health insurance issuer in connection with health insurance coverage offered in connection with a group health plan and a group health plan may not disclose or be compelled (by subpoena or any other means) to disclose genetic information about an individual unless such disclosure is specifically authorized by the individual involved or the legal representative of the individual through a written authorization which includes a description of the information being disclosed, the name of the individual or entity to whom the disclosure is being made, and the purpose of the disclosure. ``(2) Exceptions.--Notwithstanding paragraph (1), genetic information concerning an individual may be disclosed if such disclosure-- ``(A) is authorized under Federal or State criminal laws relating to the identification of individuals, or as is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; ``(B) is required under the specific order of a Federal or State court; ``(C) is authorized under Federal or State law for the purpose of establishing paternity; or ``(D) is for the purpose of identifying bodies. ``(3) Application of subsection.--The prohibitions of this subsection shall apply to any redisclosure by any entity after another entity has disclosed the genetic information.''. (C) Definitions.--Section 733(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1186(d)) is amended by adding at the end the following new paragraph: ``(5) Genetic information; genetic test.-- ``(A) The term `genetic information' with respect to an individual means information about the genes of the individual or a member of the individual's family or about any gene products or inherited characteristics that may derive from the individual or a member of the individual's family. ``(B) The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual, including tests of nucleic acids such as DNA, RNA, and mitochondrial DNA, chromosomes, or proteins in order to diagnose a genetic characteristic.''. (D) Conforming amendments.--(i) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (iii) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Prohibition against use and disclosure of genetic information.''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104-204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. PROHIBITION AGAINST USE AND DISCLOSURE OF GENETIC INFORMATION. ``The provisions of section 2706 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Treatment of Genetic Information under Programs Administered by the Department of Veterans' Affairs.-- (1) In general.--Subchapter III of chapter 73 of title 38, United States Code, is amended by inserting after section 7334 the following new section: ``Sec. 7335. Treatment of genetic information ``The Secretary shall prescribe standards, relating to the use and disclosure of genetic information in connection with hospital care and medical services provided under chapter 17 of this title, which are consistent with the standards applicable under section 2706 of the Public Health Service Act (relating to prohibitions against use and disclosure of genetic information) in connection with benefits provided by group health plans and health insurance coverage offered by health insurance issuers.''. (2) Conforming amendment.--The table of sections for chapter 73 of title 38, United States Code is amended by inserting after the item relating to section 7334 the following new item: ``7335. Treatment of genetic information.''. (d) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) The amendments made by subsection (c) shall apply with respect to hospital care and medical services provided on or after such date. SEC. 3. PROHIBITION OF EMPLOYMENT PRACTICES INVOLVING GENETIC INFORMATION. (a) Acquisition and Use of Genetic Information and Genetic Testing.-- (1) In general.--Subject to paragraph (2), it shall be an unlawful employment practice for an employer-- (A) to attempt to acquire, to acquire, or to use the genetic information of an employee or applicant for employment, or (B) to require a genetic test of an employee or applicant for employment, for the purpose of distinguishing among employees or applicants for employment or for the purpose of discriminating against or restricting any right or benefit otherwise due or available to an employee or applicant for employment, in connection with any matter relating to employment or employment opportunities, including terms and conditions of employment, privileges and benefits for employees, and termination of employment. (2) Exception.--Paragraph (1) shall not apply with respect to any act described in paragraph (1) with respect to genetic information or any requirement described in paragraph (1) for a genetic test if such act or requirement-- (A) is job-related and consistent with business necessity, or (B) is required under Federal or State law. (b) Nondisclosure and Confidentiality of Genetic Information.--It shall be an unlawful employment practice for an employer-- (1) to allow access to genetic information of employees to any person other than persons whose duties or responsibilities in connection with the employer require access to such information for purposes consistent with subsection (a), or (2) to establish or maintain access by the employer to an employee's genetic information which has been acquired-- (A) by any employee welfare benefit plan established or maintained by the employer in which such employee is a participant (or by any other fiduciary of such a plan), or (B) by any health insurance issuer offering health insurance coverage in connection with a group health plan in which such employee is a participant, without the prior, written, and informed consent of the employee, signed by the employee, setting forth the person or persons to whom access to such information is to be allowed. (c) Enforcement.--The powers, remedies, and procedures set forth in sections 705 through 709 of the Civil Rights Act of 1964 shall be the powers, remedies, and procedures this section provides to any person alleging a violation of this section. (d) Definitions.--As used in this section: (1) Employer; employee.--The terms ``employer'' and ``employee'' have the meanings given such terms, respectively, in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). (2) Employment or employment opportunities.--The term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (3) Genetic information.--The term ``genetic information'' with respect to an individual means information about the genes of the individual or a member of the individual's family or about any gene products or inherited characteristics that may derive from the individual or a member of the individual's family. (4) Genetic test.--The term ``genetic test'' means a test for determining the presence or absence of genetic characteristics in an individual, including tests of nucleic acids such as DNA, RNA, and mitochondrial DNA, chromosomes, or proteins in order to diagnose a genetic characteristic. (5) Other terms.-- (A) Group health plan; health insurance issuer; health insurance coverage.--The terms ``group health plan'', ``health insurance issuer'', and ``health insurance coverage'' have the meanings given such terms, respectively, in section 733 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)). (B) Employee welfare benefit plan; participant.-- The terms ``employee welfare benefit plan'' and ``participant'' have the meanings given such terms, respectively, in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002). SEC. 4. FURTHER RECOMMENDATION BY THE NATIONAL BIOETHICS ADVISORY COMMISSION. Not later than 1 year after the date of the enactment of this Act, the National Bioethics Advisory Commission shall prepare and submit to the appropriate committees of Congress a report containing recommendations on-- (1) the development and implementation of standards to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) the development and implementation of appropriate standards for the acquisition and retention of genetic information in all settings, including appropriate exceptions.

Genetic Privacy and Nondiscrimination Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit a group health plan, and a health insurance issuer offering group coverage, from discriminating in eligibility based on a request for, or receipt of, genetic information or a genetic test. Prohibits such entities from: (1) using genetic information to discriminate in issuance, renewal, premium rates, or benefits; or (2) disclosing or being compelled, by subpoena or any other means, subject to exception, to disclose genetic information about an individual unless authorized by the individual. Amends the Public Health Service Act to apply these prohibitions to coverage in the individual market. Amends Federal law relating to veterans' benefits to mandate standards, consistent with the prohibitions in this Act, regarding genetic information use and disclosure in connection with medical care provided under those provisions. Makes it an unlawful employment practice for an employer to attempt to acquire, acquire, or use genetic information, or to require a genetic test, of an employee or applicant to discriminate or restrict any right or benefit. Regulates employer disclosure of and access to genetic information. Provides for enforcement through the powers, remedies, and procedures in specified provisions of the Civil Rights Act of 1964. Mandates a report by the National Bioethics Advisory Commission to the Congress regarding standards to provide increased protection for the collection, storage, and use of DNA samples and genetic information.

Genetic Privacy and Nondiscrimination Act of 1997

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Chinook Nation Restoration Act''. (b) Findings.--Congress finds the following: (1) The Chinook Nation made a significant contribution to the historic journey of Meriwether Lewis and William Clark to the Pacific Ocean by hosting the two American explorers and their company throughout the winter of 1805-1806. (2) The United States subsequently recognized the Chinook Nation as an Indian tribe in the Anson Dart (Tansy Point) Treaty of 1851, and the Isaac Stevens (Chehalis River) Treaty of 1855, but neither treaty was ratified, resulting in serious harm to the Chinook people. (3) As a result of the failure of the United States to protect the Chinook Nation and people, the Chinooks lost their historic lands on the Columbia River, and a great number of them succumbed to poverty and disease in the 19th century. (4) It was the intent of Congress in the Act of March 4, 1911 (36 Stat. 1345), to provide restitution to the Chinook people in the form of allotments of land on existing Indian reservations, which the Supreme Court of the United States upheld in Halbert v. United States (283 U.S. 753 (1931)). (5) Congress named four of the five tribes of the Chinook Nation, the Lower Chinook, Wahkiakum, Cathlamet, and Clatsop, in the Western Oregon Termination Act of 1954, and this Act is the only basis for termination of the Federal relationship with the Tribe. (6) The Chinook Nation has remained active on the Lower Columbia River and Willapa Bay in the vicinity of the reservation area of the Tansy Point Treaty and is well-known to neighboring tribes and other communities. (7) The Chinook people have survived and maintained their language, Chinookwawa, and culture despite decades of neglect by the United States. (8) With different Administrations disagreeing about the legal status of the Chinook Nation, it is time for Congress to restore the Chinook Nation to Federal tribal status. SEC. 2. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Member.--The term ``member'' means an enrolled member of the Chinook Nation as of the date of enactment of this Act, or an individual who has been placed on the membership role in accordance with this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribe.--The term ``Tribe'' means the Chinook Indian Nation, composed of the Lower Chinook, Wahkiakum, Cathlamet, Clatsop, and Willapa Tribes. (4) State.--The term ``State'' means the State of Washington. (5) State territorial waters.--The term ``State territorial waters'' means all waters within the territorial limits of the State of Washington. SEC. 3. FEDERAL RECOGNITION. Federal recognition is hereby extended to the Chinook Indian Nation. Except as otherwise provided in this Act, all laws and regulations of the United States of general application to Indians, and nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.), that are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. SEC. 4. FEDERAL SERVICES AND BENEFITS. (a) In General.--The Tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all services and benefits provided by the Federal Government to federally recognized tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. (b) Service Area.--For purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall consist of Pacific, Wahkiakum, Cowlitz, and Clark Counties, Washington, and Clatsop and Columbia Counties, Oregon. (c) Civil Jurisdiction.--Upon approval of the constitution and bylaws pursuant to section 6 of this Act, the Nation shall exercise jurisdiction over all its members who reside within the service area located in the State in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) as if the members were residing upon a reservation as defined in that Act. SEC. 5. MEMBERSHIP. Not later than 9 months after the date of the enactment of this Act, the Tribe shall submit to the Secretary a membership roll consisting of all individuals enrolled in the Tribe. SEC. 6. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 1 year after the date of the enactment of this Act, the Tribe shall conduct, by secret ballot, an election to adopt a constitution and bylaws for the Tribe. (2) Interim governing documents.--Until such time as a new constitution is adopted under this section, the governing documents in effect on the date of the enactment of the Act shall be the interim governing documents for the Tribe most recently submitted to the Department of the Interior. (b) Officials.--Not later than 6 months after the Tribe adopts a constitution and bylaws pursuant to this section, the Tribe shall elect a governing body in accordance with the procedures set forth in its constitution and bylaws. Until such time as a new governing body is elected, the governing body of the Tribe shall be the governing body selected under the election procedures specified in the interim governing documents of the Tribe. SEC. 7. LAND IN TRUST. (a) Requirement To Take Land Into Trust.--If the Tribe transfers all right, title, and interest in and to any land to the Secretary, the Secretary shall take such land in trust for the benefit of the Tribe, subject to subsection (c). This subsection does not limit the authority of the Secretary to take land in trust under the Indian Reorganization Act. (b) Plan for Establishment of Reservation.-- (1) In general.--The Secretary shall-- (A) negotiate with the tribal governing body with respect to establishing a reservation for the Tribe; and (B) not later than two years after the date of enactment of this Act, develop a plan for establishment of a reservation. (2) Consultation with state and local officials required.-- To assure that legitimate State and local interests are not prejudiced by the proposed establishment of the reservation, the Secretary shall notify and consult with all appropriate officials of the State and all owners of land adjacent to lands considered for the proposed reservation in developing any plan under this subsection. The Secretary shall provide complete information on the proposed plan to such officials, including the restrictions imposed by subsection (c). During any consultation by the Secretary under this subsection, the Secretary shall provide such information as the Secretary possesses and request comments and additional information on the following subjects: (A) The size and location of the proposed reservation. (B) The anticipated effect of the establishment of the proposed reservation on State and local expenditures and tax revenues. (C) The extent of any State or local service to the Tribe, the reservation, or members after the establishment of the proposed reservation. (D) The extent of Federal services to be provided in the future to the Tribe, the reservation, or members. (E) The extent of service to be provided in the future by the Tribe to members resident on or off the reservation. (3) Restrictions on plan.--A plan developed pursuant to this subsection shall be in accordance with subsection (c). (4) Submission of plan.-- (A) Submission to congress.--Upon the approval by the tribal governing body of the plan developed pursuant to this subsection (and after consultation with interested parties pursuant to paragraph (2)), the Secretary shall submit the plan to the Clerk of the House of Representatives and the Secretary of the Senate for distribution to the committees of the respective Houses of Congress with jurisdiction over the subject matter. (B) Appendix to plan.--The Secretary shall append to the plan submitted to Congress under this subsection a detailed statement-- (i) describing the manner in which the Secretary notified all interested parties in accordance with this subsection; (ii) naming each individual and official consulted in accordance with this subsection; (iii) summarizing the testimony received by the Secretary pursuant to any such consultation; and (iv) including any written comments or reports submitted to the Secretary by any party named pursuant to clause (ii). (c) Restrictions on Land Taken in Trust.-- (1) Any real property transferred by the Tribe or any member to the Secretary shall be taken and held in the name of the United States for the benefit of the Tribe. (2) The Secretary shall not accept any real property in trust for the benefit of the Tribe that is not located within the political boundaries of Pacific, Wahkiakum, or Cowlitz County, Washington. (3) Any real property taken in trust by the Secretary for the benefit of the Tribe shall be-- (A) subject to-- (i) all legal rights and interests in such land existing at the time of acquisition of such land by the Secretary, including any lien, mortgage, or previously levied and outstanding State or local tax; and (ii) foreclosure or sale in accordance with the laws of the State pursuant to the terms of any valid obligations in existence at the time of the acquisition of such land by the Secretary; and (B) exempt from Federal, State, and local taxation of any kind. (4) Any privately owned lands acquired by the Tribe or its members to be taken in trust by the Secretary for the benefit of the Tribe shall be acquired on a willing-seller, willing- buyer basis. (5) No eminent domain authority may be exercised for the purposes of acquiring lands for the benefit of the Tribe. SEC. 8. FISHING, HUNTING, AND TRAPPING RIGHTS NOT RESTORED. No nonceremonial fishing, hunting, or trapping rights of any nature of the Tribe or of any member of the Tribe, including any indirect or procedural right or advantage over individuals who are not members, are granted or restored under this Act. Ceremonial hunting and fishing rights (not to include whaling) shall be allowed in the area in which the Tribe has historically hunted and fished. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $2,000,000 for fiscal year 2010, $3,000,000 for fiscal year 2011, and $4,000,000 for fiscal year 2012.

Chinook Nation Restoration Act - Extends federal recognition to the Chinook Indian Nation. Makes the Chinook Tribe and its members eligible for all services and benefits provided by the government to federally recognized tribes regardless of the existence of a reservation or the location of residence of any member on or near any Indian reservation. Provides that, for purposes of the delivery of federal services to enrolled members, the Tribe's service area shall consist of specified counties in Washington and Oregon. Requires the Tribe to: (1) submit to the Secretary of the Interior a membership roll; and (2) conduct, by secret ballot, an election to adopt a constitution and bylaws. Provides that if the Tribe transfers all rights to land to the Secretary, the Secretary shall take such land in trust for the Tribe's benefit, subject to specified restrictions. Directs the Secretary to: (1) negotiate with the tribal governing body regarding establishing a reservation; (2) develop a plan for doing so. Requires the Secretary to: (1) notify and consult with all appropriate state officials and owners of land adjacent to those considered for the proposed reservation; and (2) provide complete information on the proposed plan to such officials. Provides for the plan's submission to Congress upon approval by the tribal governing body. Requires any real property transferred by the Tribe or any member to the Secretary to be held in the name of the United States for the Tribe's benefit. Prohibits the exercise of eminent domain for purposes of acquiring lands for the Tribe's benefit.

To restore Federal recognition to the Chinook Nation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Browsing Protection Act''. SEC. 2. PENALTY FOR UNAUTHORIZED INSPECTION OF TAX RETURNS OR TAX RETURN INFORMATION. (a) In General.--Part I of subchapter A of chapter 75 of the Internal Revenue Code of 1986 (relating to crimes, other offenses, and forfeitures) is amended by adding after section 7213 the following new section: ``SEC. 7213A. UNAUTHORIZED INSPECTION OF RETURNS OR RETURN INFORMATION. ``(a) Prohibitions.-- ``(1) Federal employees and other persons.--It shall be unlawful for-- ``(A) any officer or employee of the United States, or ``(B) any person described in section 6103(n) or an officer or employee of any such person, willfully to inspect, except as authorized in this title, any return or return information. ``(2) State and other employees.--It shall be unlawful for any person (not described in paragraph (1)) willfully to inspect, except as authorized in this title, any return or return information acquired by such person or another person under a provision of section 6103 referred to in section 7213(a)(2). ``(b) Penalty.-- ``(1) In general.--Any violation of subsection (a) shall be punishable upon conviction by a fine in any amount not exceeding $1,000, or imprisonment of not more than 1 year, or both, together with the costs of prosecution. ``(2) Federal officers or employees.--An officer or employee of the United States who is convicted of any violation of subsection (a) shall, in addition to any other punishment, be dismissed from office or discharged from employment. ``(c) Definitions.--For purposes of this section, the terms `inspect', `return', and `return information' have the respective meanings given such terms by section 6103(b).''. (b) Technical Amendments.-- (1) Paragraph (2) of section 7213(a) of such Code is amended by inserting ``(5),'' after ``(m)(2), (4),''. (2) The table of sections for part I of subchapter A of chapter 75 of such Code is amended by inserting after the item relating to section 7213 the following new item: ``Sec. 7213A. Unauthorized inspection of returns or return information.''. (c) Effective Date.--The amendments made by this section shall apply to violations occurring on and after the date of the enactment of this Act. SEC. 3. CIVIL DAMAGES FOR UNAUTHORIZED INSPECTION OF RETURNS AND RETURN INFORMATION; NOTIFICATION OF UNLAWFUL INSPECTION OR DISCLOSURE. (a) Civil Damages for Unauthorized Inspection.--Subsection (a) of section 7431 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Disclosure'' in the headings for paragraphs (1) and (2) and inserting ``Inspection or disclosure'', and (2) by striking ``discloses'' in paragraphs (1) and (2) and inserting ``inspects or discloses''. (b) Notification of Unlawful Inspection or Disclosure.--Section 7431 of such Code is amended by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and by inserting after subsection (d) the following new subsection: ``(e) Notification of Unlawful Inspection and Disclosure.--If any person is criminally charged by indictment or information with inspection or disclosure of a taxpayer's return or return information in violation of-- ``(1) paragraph (1) or (2) of section 7213(a), ``(2) section 7213A(a), or ``(3) subparagraph (B) of section 1030(a)(2) of title 18, United States Code, the Secretary shall notify such taxpayer as soon as practicable of such inspection or disclosure.''. (c) No Damages for Inspection Requested by Taxpayer.--Subsection (b) of section 7431 of such Code is amended to read as follows: ``(b) Exceptions.--No liability shall arise under this section with respect to any inspection or disclosure-- ``(1) which results from a good faith, but erroneous, interpretation of section 6103, or ``(2) which is requested by the taxpayer.''. (d) Conforming Amendments.-- (1) Subsections (c)(1)(A), (c)(1)(B)(i), and (d) of section 7431 of such Code are each amended by inserting ``inspection or'' before ``disclosure''. (2) Clause (ii) of section 7431(c)(1)(B) of such Code is amended by striking ``willful disclosure or a disclosure'' and inserting ``willful inspection or disclosure or an inspection or disclosure''. (3) Subsection (f) of section 7431 of such Code, as redesignated by subsection (b), is amended to read as follows: ``(f) Definitions.--For purposes of this section, the terms `inspect', `inspection', `return', and `return information' have the respective meanings given such terms by section 6103(b).''. (4) The section heading for section 7431 of such Code is amended by inserting ``inspection or'' before ``disclosure''. (5) The table of sections for subchapter B of chapter 76 of such Code is amended by inserting ``inspection or'' before ``disclosure'' in the item relating to section 7431. (6) Paragraph (2) of section 7431(g) of such Code, as redesignated by subsection (b), is amended by striking ``any use'' and inserting ``any inspection or use''. (e) Effective Date.--The amendments made by this section shall apply to inspections and disclosures occurring on and after the date of the enactment of this Act. SEC. 4. NATIONAL FLOOD INSURANCE ACT OF 1968. (a) In General.--Section 1306(c)(1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)(1)) is amended by striking ``30'' and inserting ``15''. (b) Effective Date.--The amendment made by subsection (a) shall be construed to have taken effect on January 1, 1997, and shall expire June 30, 1997. Passed the Senate April 15, 1997. Attest: GARY SISCO, Secretary.

Taxpayer Browsing Protection Act - Amends the Internal Revenue Code to make it unlawful for Federal employees, State employees, or other specified persons to willfully inspect, except as authorized, any tax return or return information. Provides for a monetary penalty, imprisonment, or both for violators. (Current law imposes penalties only for the unlawful disclosure of such information.) Permits civil damages for the unauthorized inspection or disclosure (currently, only for the unauthorized disclosure) of tax returns and return information. Requires the taxpayer to be notified as soon as practicable if any person is criminally charged by indictment with inspecting or disclosing the taxpayer's return or return information. Amends the National Flood Insurance Act of 1968 to reduce the waiting period for the effective date of policies for new flood insurance coverage, entered into after the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994, from 30 to 15 days.

Taxpayer Browsing Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Legislature and Political Freedom Act''. SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN CONTRIBUTIONS. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: ``(9) The limitations established under this subsection shall not apply to contributions made during calendar years beginning after 1998.'' SEC. 3. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS. (a) Termination of Designation of Income Tax Payments.--Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Termination.--This section shall not apply to taxable years beginning after December 31, 1997.'' (b) Termination of Fund and Account.-- (1) Termination of presidential election campaign fund.-- (A) In general.--Chapter 95 of subtitle H of such Code is amended by adding at the end the following new section: ``SEC. 9014. TERMINATION. The provisions of this chapter shall not apply with respect to any presidential election (or any presidential nominating convention) after December 31, 1998, or to any candidate in such an election.'' (B) Transfer of excess funds to general fund.-- Section 9006 of such Code is amended by adding at the end the following new subsection: ``(d) Transfer of Funds Remaining After 1998.--The Secretary shall transfer all amounts in the fund after December 31, 1998, to the general fund of the Treasury.'' (2) Termination of account.--Chapter 96 of subtitle H of such Code is amended by adding at the end the following new section: ``SEC. 9043. TERMINATION. The provisions of this chapter shall not apply to any candidate with respect to any presidential election after December 31, 1998.'' (c) Clerical Amendments.-- (1) The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9014. Termination.'' (2) The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9043. Termination.'' SEC. 4. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF POLITICAL PARTIES. (a) Transfers of Funds by National Political Parties.--Section 304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is amended-- (1) by striking ``and'' at the end of subparagraph (H); (2) by adding ``and'' at the end of subparagraph (I); and (3) by adding at the end the following new subparagraph: ``(J) in the case of a political committee of a national political party, all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under this title;''. (b) Disclosure by State and Local Political Parties of Information Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d) If a political committee of a State or local political party is required under a State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, the committee shall file a copy of the report with the Commission at the time it submits the report to such an entity.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections occurring after January 1999. SEC. 5. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS. (a) Mandatory Electronic Filing.--Section 304(a)(11)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is amended by striking ``permit reports required by'' and inserting ``require reports under''. (b) Requiring Reports for All Contributions Made to Any Political Committee Within 90 Days of Election; Requiring Reports To Be Made Within 24 Hours.--Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is amended to read as follows: ``(6)(A) Each political committee shall notify the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution received by the committee during the period which begins on the 90th day before an election and ends at the time the polls close for such election. This notification shall be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and shall include the name of the candidate involved (as appropriate) and the office sought by the candidate, the indentification of the contributor, and the date of receipt and amount of the contribution. ``(B) The notification required under this paragraph shall be in addition to all other reporting requirements under this Act.''. (c) Increasing Electronic Disclosure.--Section 304 of such Act (2 U.S.C. 434(a)), as amended by section 4(b), is further amended by adding at the end the following new subsection: ``(e)(1) The Commission shall make the information contained in the reports submitted under this section available on the Internet and publicly available at the offices of the Commission as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission. ``(2) In this subsection, the term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. (d) Effective Date.--The amendment made by this section shall apply with respect to reports for periods beginning on or after January 1, 1999. SEC. 6. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON IDENTIFICATION OF CONTRIBUTORS. (a) In General.--Section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended-- (1) by striking ``(i) When the treasurer'' and inserting ``(i)(1) Except as provided in paragraph (2), when the treasurer''; and (2) by adding at the end the following new paragraph: ``(2) Paragraph (1) shall not apply with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as required to be provided under subsection (c)(3)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to persons making contributions for elections occurring after January 1999.

Citizen Legislature and Political Freedom Act - Amends the Federal Election Campaign Act of 1971 (FECA) to remove the limitations on Federal election campaign contributions after 1998. (Sec. 3) Amends the Internal Revenue Code to terminate: (1) the designation of income tax payments to the Presidential Election Campaign Fund after December 31, 1997; (2) the Presidential Election Campaign Fund after December 31, 1998; and (3) the Presidential Primary Matching Payment Account after December 31, 1998. (Sec. 4) Amends FECA to require the following regarding soft money expenditures of political parties: (1) the disclosure of all funds (soft money) transferred by a political committee of a national political party to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures; and (2) a political committee of a State or local political party required under State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, to file a copy of the report with the Federal Election Commission (Commission) at the time it submits the report to such an entity. (Sec. 5) Revises reporting requirements to provide for mandatory electronic filing of FECA reports. Repeals requirements regarding the candidate's principal campaign committee notifying the Clerk of the House, the Secretary or Commission, and the Secretary of the Senate, as appropriate, in writing, of any contribution of $1,000 or more received by any authorized committee of the candidate. Replaces them with requirements providing for each political committee to notify the Secretary or the Commission, and the Secretary of the Senate, as appropriate, in writing, of any contribution received by the committee within 90 days of an election, within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and include the involved candidate's name (as appropriate) and the office sought by the candidate, the identification of the contributor, and the date of receipt and the contribution amount, in addition to all other reporting requirements. Directs the Commission to make the information contained in the reports submitted available on the Internet and publicly available at Commission offices as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission. (Sec. 6) Waives the "best efforts" exception with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as currently required to be provided).

Citizen Legislature and Political Freedom Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Protection Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Television is seen and heard in nearly every United States home and is a uniquely pervasive presence in the daily lives of Americans. The average American home has 2.5 televisions, and a television is turned on in the average American home 7 hours every day. (2) Television plays a particularly significant role in the lives of children. Figures provided by Nielsen Research show that children between the ages of 2 years and 11 years spend an average of 21 hours in front of a television each week. (3) Television has an enormous capability to influence perceptions, especially those of children, of the values and behaviors that are common and acceptable in society. (4) The influence of television is so great that its images and messages often can be harmful to the development of children. Social science research amply documents a strong correlation between the exposure of children to televised violence and a number of behavioral and psychological problems. (5) Hundreds of studies have proven conclusively that children who are consistently exposed to violence on television have a higher tendency to exhibit violent and aggressive behavior, both as children and later in life. (6) Such studies also show that repeated exposure to violent programming causes children to become desensitized to and more accepting of real-life violence and to grow more fearful and less trusting of their surroundings. (7) A growing body of social science research indicates that sexual content on television can also have a significant influence on the attitudes and behaviors of young viewers. This research suggests that heavy exposure to programming with strong sexual content contributes to the early commencement of sexual activity among teenagers. (8) Members of the National Association of Broadcasters (NAB) adhered for many years to a comprehensive code of conduct that was based on an understanding of the influence exerted by television and on a widely held sense of responsibility for using that influence carefully. (9) This code of conduct, the Television Code of the National Association of Broadcasters, articulated this sense of responsibility as follows: (A) ``In selecting program subjects and themes, great care must be exercised to be sure that the treatment and presentation are made in good faith and not for the purpose of sensationalism or to shock or exploit the audience or appeal to prurient interests or morbid curiosity.''. (B) ``Broadcasters have a special responsibility toward children. Programs designed primarily for children should take into account the range of interests and needs of children, from instructional and cultural material to a wide variety of entertainment material. In their totality, programs should contribute to the sound, balanced development of children to help them achieve a sense of the world at large and informed adjustments to their society.''. (C) ``Violence, physical, or psychological, may only be projected in responsibly handled contexts, not used exploitatively. Programs involving violence present the consequences of it to its victims and perpetrators. Presentation of the details of violence should avoid the excessive, the gratuitous and the instructional.''. (D) ``The presentation of marriage, family, and similarly important human relationships, and material with sexual connotations, shall not be treated exploitatively or irresponsibly, but with sensitivity.''. (E) ``Above and beyond the requirements of the law, broadcasters must consider the family atmosphere in which many of their programs are viewed. There shall be no graphic portrayal of sexual acts by sight or sound. The portrayal of implied sexual acts must be essential to the plot and presented in a responsible and tasteful manner.''. (10) The National Association of Broadcasters abandoned the code of conduct in 1983 after three provisions of the code restricting the sale of advertising were challenged by the Department of Justice on antitrust grounds and a Federal district court issued a summary judgment against the National Association of Broadcasters regarding one of the provisions on those grounds. However, none of the programming standards of the code were challenged. (11) While the code of conduct was in effect, its programming standards were never found to have violated any antitrust law. (12) Since the National Association of Broadcasters abandoned the code of conduct, programming standards on broadcast and cable television have deteriorated dramatically. (13) In the absence of effective programming standards, public concern about the impact of television on children, and on society as a whole, has risen substantially. Polls routinely show that more than 80 percent of Americans are worried by the increasingly graphic nature of sex, violence, and vulgarity on television and by the amount of programming that openly sanctions or glorifies criminal, antisocial, and degrading behavior. (14) At the urging of Congress, the television industry has taken some steps to respond to public concerns about programming standards and content. The broadcast television industry agreed in 1992 to adopt a set of voluntary guidelines designed to ``proscribe gratuitous or excessive portrayals of violence''. Shortly thereafter, both the broadcast and cable television industries agreed to conduct independent studies of the violent content in their programming and make those reports public. (15) In 1996, the television industry as a whole made a commitment to develop a comprehensive rating system to label programming that may be harmful or inappropriate for children. That system was implemented at the beginning of 1999. (16) Despite these efforts to respond to public concern about the impact of television on children, millions of Americans, especially parents with young children, remain angry and frustrated at the sinking standards of television programming, the reluctance of the industry to police itself, and the harmful influence of television on the well-being of the children and the values of the United States. (17) The Department of Justice issued a ruling in 1993 indicating that additional efforts by the television industry to develop and implement voluntary programming guidelines would not violate the antitrust laws. The ruling states that ``such activities may be likened to traditional standard setting efforts that do not necessarily restrain competition and may have significant procompetitive benefits...Such guidelines could serve to disseminate valuable information on program content to both advertisers and television viewers. Accurate information can enhance the demand for, and increase the output of, an industry's products or services.''. (18) The Children's Television Act of 1990 (Public Law 101- 437) states that television broadcasters in the United States have a clear obligation to meet the educational and informational needs of children. (19) Several independent analyses have demonstrated that the television broadcasters in the United States have not fulfilled their obligations under the Children's Television Act of 1990 and have not noticeably expanded the amount of educational and informational programming directed at young viewers since the enactment of that Act. (20) The popularity of video and personal computer (PC) games is growing steadily among children. Although most popular video and personal computer games are educational or harmless in nature, many of the most popular are extremely violent. One recent study by Strategic Record Research found that 64 percent of teenagers played video or personal computer games on a regular basis. Other surveys of children as young as elementary school age found that almost half of them list violent computer games among their favorites. (21) Violent video games often present violence in a glamorized light. Game players are often cast in the role of shooter, with points scored for each ``kill''. Similarly, advertising for such games often touts violent content as a selling point--the more graphic and extreme, the better. (22) As the popularity and graphic nature of such video games grows, so do their potential to negatively influence impressionable children. (23) Music is another extremely pervasive and popular form of entertainment. American children and teenagers listen to music more than any other demographic group. The Journal of American Medicine reported that between the 7th and 12th grades the average teenager listens to 10,500 hours of rock or rap music, just slightly less than the entire number of hours spent in the classroom from kindergarten through high school. (24) Teens are among the heaviest purchasers of music, and are most likely to favor music genres that depict, and often appear to glamorize violence. (25) Music has a powerful ability to influence perceptions, attitudes, and emotional state. The use of music as therapy indicates its potential to increase emotional, psychological. and physical health. That influence can be used for ill as well. SEC. 3. PURPOSES; CONSTRUCTION. (a) Purposes.--The purposes of this Act are to permit the entertainment industry-- (1) to work collaboratively to respond to growing public concern about television programming, movies, video games, Internet content, and music lyrics, and the harmful influence of such programming, movies, games, content, and lyrics on children; (2) to develop a set of voluntary programming guidelines similar to those contained in the Television Code of the National Association of Broadcasters; and (3) to implement the guidelines in a manner that alleviates the negative impact of television programming, movies, video games, Internet content, and music lyrics on the development of children in the United States and stimulates the development and broadcast of educational and informational programming for such children. (b) Construction.--This Act may not be construed as-- (1) providing the Federal Government with any authority to restrict television programming, movies, video games, Internet content, or music lyrics that is in addition to the authority to restrict such programming, movies, games, content, or lyrics under law as of the date of the enactment of this Act; or (2) approving any action of the Federal Government to restrict such programming, movies, games, content, or lyrics that is in addition to any actions undertaken for that purpose by the Federal Government under law as of such date. SEC. 4. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR CERTAIN ENTERTAINMENT MATERIAL FROM APPLICABILITY OF ANTITRUST LAWS. (a) Exemption.--Subject to subsection (b), the antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the entertainment industry for the purpose of developing and disseminating voluntary guidelines designed-- (1) to alleviate the negative impact of telecast material, movies, video games, Internet content, and music lyrics containing violence, sexual content, criminal behavior, or other subjects that are not appropriate for children; or (2) to promote telecast material that is educational, informational, or otherwise beneficial to the development of children. (b) Limitation.--The exemption provided in subsection (a) shall not apply to any joint discussion, consideration, review, action, or agreement which-- (1) results in a boycott of any person; or (2) concerns the purchase or sale of advertising, including (without limitation) restrictions on the number of products that may be advertised in a commercial, the number of times a program may be interrupted for commercials, and the number of consecutive commercials permitted within each interruption. (c) Definitions.--In this section: (1) Antitrust laws.--The term ``antitrust laws'' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Internet.--The term ``Internet'' means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. (3) Movies.--The term ``movies'' means theatrical motion pictures. (4) Person in the entertainment industry.--The term ``person in the entertainment industry'' means a television network, any entity which produces or distributes television programming (including theatrical motion pictures), the National Cable Television Association, the Association of Independent Television Stations, Incorporated, the National Association of Broadcasters, the Motion Picture Association of America, each of the affiliate organizations of the television networks, the Interactive Digital Software Association, any entity which produces or distributes video games, the Recording Industry Association of America, and any entity which produces or distributes music, and includes any individual acting on behalf of such person. (5) Telecast.--The term ``telecast'' means any program broadcast by a television broadcast station or transmitted by a cable television system. SEC. 5. COMPLIANCE WITH RULEMAKING PROCEDURES REQUIRED. (a) Limitation.--After the date of enactment of this Act, the Federal Communications Commission shall not establish, expand, or otherwise modify requirements relating to the service obligations of noncommercial educational television stations except by means of agency rulemaking conducted in accordance with chapter 5 of title 5, United States Code, or other applicable law. (b) Termination of Effect of Additional Guidance.--The additional guidance contained in paragraphs 43 and 44 of the Commission's memorandum opinion and order WQED Pittsburgh (FCC 99-393), adopted December 15, 1999, and released December 29, 1999, shall not be effective after the date of enactment of this Act except to the extent such guidance is prescribed in accordance with subsection (a).

Prohibits the Federal Communications Commission (FCC) from establishing, expanding, or otherwise modifying requirements relating to the service obligations of noncommercial educational television stations except by agency rulemaking conducted under applicable Federal law. Terminates on the date of enactment of this Act the effect of additional programming guidance contained in the FCC memorandum opinion and order WQED Pittsburgh except to the extent such guidance is prescribed under FCC rulemaking procedures.

Children's Protection Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``COPS Improvements Act of 2007''. SEC. 2. COPS GRANT IMPROVEMENTS. (a) In General.--Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Grant Authorization.--The Attorney General shall carry out grant programs under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, multi-jurisdictional or regional consortia, and individuals for the purposes described in subsections (b), (c), (d), and (e).''; (2) in subsection (b)-- (A) by striking the subsection heading text and inserting ``Community Policing and Crime Prevention Grants''; (B) in paragraph (3), by striking ``, to increase the number of officers deployed in community-oriented policing''; (C) in paragraph (4), by inserting ``or train'' after ``pay for''; (D) by inserting after paragraph (4) the following: ``(5) award grants to hire school resource officers and to establish school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, and other problems in and around elementary and secondary schools;''; (E) by striking paragraph (9); (F) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively; (G) by striking paragraph (13); (H) by redesignating paragraphs (14) through (17) as paragraphs (12) through (15), respectively; (I) in paragraph (14), as so redesignated, by striking ``and'' at the end; (J) in paragraph (15), as so redesignated, by striking the period at the end and inserting a semicolon; and (K) by adding at the end the following: ``(16) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of methamphetamine; and ``(17) award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, as warranted.''; (3) by striking subsection (c); (4) by striking subsections (h) and (i); (5) by redesignating subsections (d) through (g) as subsections (f) through (i), respectively; (6) by inserting after subsection (b) the following: ``(c) Troops-to-Cops Programs.-- ``(1) In general.--Grants made under subsection (a) may be used to hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community- oriented policing, particularly in communities that are adversely affected by a recent military base closing. ``(2) Definition.--In this subsection, `former member of the Armed Forces' means a member of the Armed Forces of the United States who is involuntarily separated from the Armed Forces within the meaning of section 1141 of title 10, United States Code. ``(d) Community Prosecutors Program.--The Attorney General may make grants under subsection (a) to pay for additional community prosecuting programs, including programs that assign prosecutors to-- ``(1) handle cases from specific geographic areas; and ``(2) address counter-terrorism problems, specific violent crime problems (including intensive illegal gang, gun, and drug enforcement and quality of life initiatives), and localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others. ``(e) Technology Grants.--The Attorney General may make grants under subsection (a) to develop and use new technologies (including interoperable communications technologies, modernized criminal record technology, and forensic technology) to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies.''; (7) in subsection (f), as so redesignated-- (A) in paragraph (1), by striking ``to States, units of local government, Indian tribal governments, and to other public and private entities,''; (B) in paragraph (2), by striking ``define for State and local governments, and other public and private entities,'' and inserting ``establish''; (C) in the first sentence of paragraph (3), by inserting ``(including regional community policing institutes)'' after ``training centers or facilities''; and (D) by adding at the end the following: ``(4) Exclusivity.--The Office of Community Oriented Policing Services shall be the exclusive component of the Department of Justice to perform the functions and activities specified in this paragraph.''; (8) in subsection (g), as so redesignated, by striking ``may utilize any component'', and all that follows and inserting ``shall use the Office of Community Oriented Policing Services of the Department of Justice in carrying out this part.''; (9) in subsection (h), as so redesignated-- (A) by striking ``subsection (a)'' the first place that term appears and inserting ``paragraphs (1) and (2) of subsection (b)''; and (B) by striking ``in each fiscal year pursuant to subsection (a)'' and inserting ``in each fiscal year for purposes described in paragraph (1) and (2) of subsection (b)''; (10) in subsection (i), as so redesignated, by striking the second sentence; and (11) by adding at the end the following: ``(j) Retention of Additional Officer Positions.--For any grant under paragraph (1) or (2) of subsection (b) for hiring or rehiring career law enforcement officers, a grant recipient shall retain each additional law enforcement officer position created under that grant for not less than 12 months after the end of the period of that grant, unless the Attorney General waives, wholly or in part, the retention requirement of a program, project, or activity.''. (b) Applications.--Section 1702 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by inserting ``, unless waived by the Attorney General'' after ``under this part shall''; (B) by striking paragraph (8); and (C) by redesignating paragraphs (9) through (11) as paragraphs (8) through (10), respectively; and (2) by striking subsection (d). (c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as follows: ``SEC. 1703. RENEWAL OF GRANTS. ``(a) In General.--A grant made under this part may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. ``(b) No Cost Extensions.--Notwithstanding subsection (a), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award.''. (d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended-- (1) in subsection (a), by striking ``that would, in the absence of Federal funds received under this part, be made available from State or local sources'' and inserting ``that the Attorney General determines would, in the absence of Federal funds received under this part, be made available for the purpose of the grant under this part from State or local sources''; and (2) by striking subsection (c). (e) Enforcement Actions.-- (1) In general.--Section 1706 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended-- (A) in the section heading, by striking ``revocation or suspension of funding'' and inserting ``enforcement actions''; and (B) by striking ``revoke or suspend'' and all that follows and inserting ``take any enforcement action available to the Department of Justice.''. (2) Technical and conforming amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711) is amended by striking the item relating to section 1706 and inserting the following: ``Sec. 1706. Enforcement actions.''. (f) Definitions.--Section 1709(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended-- (1) by inserting ``who is a sworn law enforcement officer'' after ``permanent basis''; and (2) by inserting ``, including officers for the Amtrak Police Department'' before the period at the end. (g) Authorization of Appropriations.--Section 1001(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(11)) is amended-- (1) in subparagraph (A), by striking ``1,047,119,000'' and inserting ``1,150,000,000''; and (2) in subparagraph (B)-- (A) in the first sentence, by striking ``3 percent'' and inserting ``5 percent''; and (B) by striking the second sentence and inserting the following: ``Of the funds available for grants under part Q, not less than $600,000,000 shall be used for grants for the purposes specified in section 1701(b), not more than $200,000,000 shall be used for grants under section 1701(d), and not more than $350,000,000 shall be used for grants under section 1701(e).''. (h) Purposes.--Section 10002 of the Public Safety Partnership and Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended-- (1) in paragraph (4), by striking ``development'' and inserting ``use''; and (2) in the matter following paragraph (4), by striking ``for a period of 6 years''. (i) COPS Program Improvements.-- (1) In general.--Section 109(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is amended-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (C) in paragraph (2), as so redesignated, by inserting ``, except for the program under part Q of this title'' before the period. (2) Law enforcement computer systems.--Section 107 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712f) is amended by adding at the end the following: ``(c) Exception.--This section shall not apply to any grant made under part Q of this title.''.

COPS Improvements Act of 2007 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the authority of the Attorney General to make grants for public safety and community policing programs (COPS ON THE BEAT or COPS program). Revises grant purposes to provide for: (1) the hiring or training of law enforcement officers for intelligence, antiterror, and homeland security duties; (2) the hiring of school resource officers; (3) school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, and other problems facing elementary and secondary schools; (4) innovative programs to reduce and prevent illegal drug (including methamphetamine) manufacturing, distribution, and use; and (5) enhanced community policing and crime prevention grants that meet emerging law enforcement needs. Allows COPS program grants to be used to hire former members of the Armed Forces to serve as career law enforcement officers for community-oriented policing, particularly in communities adversely affected by a recent military base closing. Authorizes the Attorney General to make grants to: (1) assign community prosecutors to handle cases from specific geographic areas and address counterterrorism problems, specific violent crime problems, and localized violent and other crime problems; and (2) develop new technologies to assist state and local law enforcement agencies in crime prevention. Grants the Office of Community Oriented Policing Services exclusive authority to perform functions and activities under the COPS program. Requires grant recipients to retain additional law enforcement officers for a 12-month period after the end of the grant period. Authorizes the Attorney General to renew COPS program grants if grant recipients can demonstrate significant progress in achieving the objectives of the initial grant application. Increases: (1) the authorization of appropriation for the COPS program; and (2) the amount of funds available for technical assistance from 3 to 5%. Specifies amounts to be made available for hiring officers and prosecutors and for technology grants.

A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adult Day Center Enhancement Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) One in 6 people in the United States lives with a neurological disease or condition that can often result in disability, and which may require the individual to seek assistance in carrying out the activities of daily living. Neurological diseases or conditions such as multiple sclerosis (MS), early-onset Parkinson's disease, and traumatic brain injury (TBI) can also typically affect younger adults in the middle of their lives. (2) Multiple sclerosis is a chronic, often disabling disease that attacks the central nervous system with symptoms ranging from numbness in limbs to paralysis and loss of vision. Most people with MS are diagnosed between the ages of 20 and 50 years of age. MS is a leading cause of disability in young adults. Persons living with MS who experience more severe forms of the disease are likely to require either home care or nursing home placement, though the vast majority would prefer to remain at home to receive the care they need. Where home care is concerned, approximately 80 percent of such care is provided by informal, unpaid caregivers who are generally family members. (3) Parkinson's disease is a chronic, progressive neurological disease. The four primary symptoms of Parkinson's disease are tremor, or trembling in hands, arms, legs, jaw, and face; rigidity, or stiffness of the limbs and trunk; bradykinesia, or slowness of movement; and postural instability, or impaired balance and coordination. Other symptoms may include cognitive changes; difficulty in swallowing, chewing, and speaking; urinary problems or constipation; skin problems; and sleep disruptions. As these symptoms become more pronounced, patients may have difficulty walking, talking, or completing other simple tasks. It is estimated that nearly 500,000 to 1,500,000 people live with Parkinson's and of those 5 to 10 percent are diagnosed younger than 60 and deemed ``early-onset''. (4) Traumatic brain injury is a neurological condition that typically results from a blow or jolt to the head or a penetrating head injury and that can impact one or more parts of the brain, thereby temporarily or permanently disrupting normal brain function. The Centers for Disease Control and Prevention estimates that 1,400,000 TBIs occur annually, resulting in disabilities affecting up to 90,000 people among a broad range of age groups. Traumatic brain injury is also a serious issue that affects military servicemembers. Estimates in prior military conflicts indicate that TBI was present in 14-20 percent of surviving casualties. (5) Family caregivers are a crucial source of support and assistance for individuals suffering with disabilities. Family caregivers, the majority of whom are women, provide an estimated $450,000,000,000 in ``free'' services annually. The current pool of potential family caregivers is dwindling, from 11 potential caregivers for each person needing care today to a projected 4 to 1 ratio by 2050. (6) Recent studies indicate that the total estimated cost to employers for full-time employees with intensive caregiving responsibilities is $17,100,000,000. The total estimated cost to employers for all full-time, employed caregivers is $33,600,000,000 annually. (7) Currently more than half of care recipients (56 percent) are under age 75, and almost one-third (28 percent) are under age 50 reflecting the need to offer age-appropriate services. (8) Adult day programs can offer services, including medical care, rehabilitation therapies, dignified assistance with the activities of daily living, nutrition therapy, health monitoring, social interaction, stimulating activities, and transportation to seniors, people with disabilities, and younger adults with chronic diseases. (9) Adult day programs geared toward people living with neurological diseases or conditions such as MS, Parkinson's disease, TBI, or other similar diseases or conditions provide an important response to the needs of people living with these conditions and their caregivers. Adult day programs can help to ameliorate symptoms, reduce dependency, provide important socialization opportunities, and maintain quality of life. (10) Adult day programs have been shown to provide a range of documented benefits including improvements in functional status, social support, and reductions in fatigue, depression and pain. Adult day programs also reduce ongoing medical care and hospital costs and decrease admissions to nursing home facilities, which can be costly for many families, by allowing individuals to receive health and social services while continuing to live at home. (11) There are currently few adult day programs focused on younger adult populations in the United States. Although young people living with neurological diseases or conditions may be able to access existing adult day programs, such programs are not typically intended for younger adults living with chronic diseases or conditions, and may not provide the appropriate services to meet the age-related or disability status of these individuals. SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS. (a) Survey of Existing Adult Day Programs.-- (1) In general.--Not later than 90 days after the date of the enactment of this section, the Assistant Secretary for Aging shall initiate a comprehensive survey of current adult day programs that provide care and support to individuals including young adults living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or any similar disease or condition. (2) Survey elements.--In carrying out the survey under paragraph (1), the Assistant Secretary for Aging may utilize existing publicly available research on adult day programs, and shall-- (A) identify ongoing successful adult day programs, including by providing a brief description of how such programs were initially established and funded; (B) identify which adult day programs are serving young adults living with neurological diseases or conditions; (C) develop a set of best practices to help guide the establishment and replication of additional successful adult day programs, including-- (i) program guidelines; (ii) recommendations on the scope of services that should be provided to individuals with neurological diseases or conditions including young adults (which may include rehabilitation therapy, psychosocial support, social stimulation and interaction, and spiritual, educational, or other such services); and (iii) performance goals and indicators to measure and analyze the outcomes generated by the services provided and to evaluate the overall success of the program; and (D) evaluate the extent to which the Administration for Community Living supports adult day programs, either directly or indirectly, through current Federal grant programs. (3) Report.--Not later than 180 days after initiating the survey under paragraph (1), the Assistant Secretary for Aging shall produce and make publicly available a summary report on the results of the survey. Such report shall include each of the elements described in paragraph (2). (b) Establishment of Grant Program.-- (1) In general.--Not later than 90 days after producing the report required by subsection (a)(3), the Assistant Secretary for Aging shall establish within the Administration for Community Living a competitive grant program for awarding grants annually to eligible entities, based on the best practices developed under subsection (a), to fund adult day programs serving younger people with neurological diseases or conditions. (2) Eligible entities.--In order to be eligible for a grant under this subsection, an entity shall demonstrate the following: (A) Understanding of the special needs of younger people living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions, including their functional abilities and the potential complications across all types of cases and stages of such diseases or conditions. (B) Understanding of the issues experienced by family caregivers who assist a family member with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions. (C) A capacity to provide the services recommended by the best practices developed under subsection (a). (3) Additional selection requirement.--The Assistant Secretary for Aging shall not award a grant to an entity under this subsection if the amount of the award would constitute more than 40 percent of the operating budget of the entity in the fiscal year for which funds for the grant are authorized to be expended. For purposes of this subsection, the fair market value of annual in-kind contributions of equipment or services shall be considered as part of the operating budget of the entity. (4) Selection of grant recipients.--Not later than 90 days after establishing the grant program under this subsection, the Assistant Secretary for Aging shall award the first annual series of grants under the program. In awarding grants under this subsection, the Assistant Secretary should ensure, to the extent practicable, a diverse geographic representation among grant recipients and that, subject to the availability of appropriations-- (A) a minimum of 5 entities are selected as grant recipients for the first fiscal year for which such grants are awarded; (B) a minimum of 10 entities are selected as grant recipients for the second such fiscal year; (C) a minimum of 12 entities are selected as grant recipients for the third such fiscal year; and (D) a minimum of 15 entities are selected as grant recipients for the fourth such fiscal year. (5) Report.--No later than 1 year after the initial award of grants under this subsection, and annually thereafter, the Assistant Secretary for Aging shall produce and make publicly available a brief summary report on the grant program under this section. Each such report shall include the following: (A) A description of the adult day programs receiving funding under this section, including the amount of Federal funding awarded and the expected outcomes of each program. (B) A description of performance goals and indicators to monitor the progress of grant recipients in-- (i) responding to the needs of younger individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions; and (ii) assisting the family caregivers of such individuals. (C) Any plans for improving oversight and management of the grant program. (c) Definitions.--In this Act: (1) The term ``adult day program'' means a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions that may result in a functional or degenerative disability and to their family caregivers and that may assist participants in ways that-- (A) maintain or improve their functional abilities, or otherwise help them adjust to their changing functional abilities; (B) prevent the onset of complications associated with severe forms of the disease or condition; (C) promote alternatives to placement in nursing homes; (D) reduce the strain on family caregivers taking care of a family member living with such diseases or conditions; (E) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (F) address the needs of veterans living with such diseases or conditions. (2) The term ``family caregiver'' means a family member or foster parent who provides unpaid assistance (which may include in-home monitoring, management, supervision, care and treatment, or other similar assistance) to another adult family member with a special need. (d) Authorization of Appropriations.--To carry out this section, in addition to amounts otherwise made available for such purpose, there are authorized to be appropriated, and to remain available until expended, the following: (1) $1,000,000 for fiscal year 2014. (2) $3,000,000 for fiscal year 2015. (3) $6,000,000 for fiscal year 2016. (4) $8,000,000 for fiscal year 2017. (5) $10,000,000 for fiscal year 2018.

Adult Day Center Enhancement Act - Requires the Assistant Secretary for Aging to initiate a comprehensive survey of current adult day programs that provide care and support to individuals, including young adults, living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, or traumatic brain injury. Requires the Assistant Secretary to identify ongoing successful adult day programs and which of these serve young adults with neurological diseases and conditions and develop a set of best practices to help guide the establishment and replication of additional successful adult day programs. Directs the Assistant Secretary to establish a competitive grant program for awarding grants annually to fund adult day programs serving younger people with neurological diseases or conditions. Defines an "adult day program" as a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions and to their family caregivers and that may assist participants in ways that: (1) maintain or improve their functional abilities or otherwise help them adjust to their changing functional abilities; (2) prevent the onset of complications associated with severe forms of the disease or condition; (3) promote alternatives to placement in nursing homes; (4) reduce the strain on family caregivers taking care of a family member living with such diseases or conditions; (5) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (6) address the needs of veterans living with such diseases or conditions.

Adult Day Center Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Protection Act of 2007''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN 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 before April 1, 2009; (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-- (1) is a national of Liberia; and (2)(A) who was granted temporary protected status on or after March 27, 1991; or (B) was eligible to apply for temporary protected status on or after March 27, 1991. (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 or 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) to engage in employment in the United States during the pendency of such application and may provide the alien 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-- (A) the alien is a national of Liberia; (B) the alien 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 at least 1 year and is physically present in the United States on the date the application for such adjustment is filed; (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and (D) the alien is otherwise eligible to receive an immigration 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 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 section 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 section, 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 Act, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. 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.

Liberian Refugee Immigration Protection Act of 2007 - Provides for the permanent resident status adjustment of certain Liberian nationals who were granted, or are eligible to apply for, temporary protected status on or after March 27, 1991.

To adjust the immigration status of certain Liberian nationals who were provided refuge in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Prevention Act of 1997''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The States should recognize that the terms ``acquired immune deficiency syndrome'' and ``AIDS'' are obsolete. In the case of individuals who are infected with the human immunodeficiency virus (commonly known as HIV), the more important medical fact for the individuals and for the protection of the public health is the fact of infection, and not just the later development of AIDS (the stage at which the infection causes symptoms). The term ``HIV disease'', meaning infection with HIV regardless of whether the infection has progressed to AIDS, more correctly defines the medical condition. (2) The medical, public health, political, and community leadership must focus on the full course of HIV disease rather than concentrating on later stages of the disease. Continual focus on AIDS rather than the entire spectrum of HIV disease has left our Nation unable to deal adequately with the epidemic. Federal and State data collection efforts should focus on obtaining data as early as possible after infection occurs, while continuing to collect data on the symptomatic stage of the disease. (3) Recent medical breakthroughs may enable doctors to treat HIV disease as a chronic disease rather than as a terminal disease. Early intervention in the progression of the infection is imperative to prolonging and improving the lives of individuals with the disease. (4) The Centers for Disease Control and Prevention has recommended partner notification as a primary prevention service. The health needs of the general public, and the care and protection of those who do not have the disease, should be balanced with the needs of individuals with the disease in a manner that allows for the infected individuals to receive optimal medical care and for public health services to protect the uninfected. (5) Individuals with HIV disease have an obligation to protect others from being exposed to HIV by avoiding behaviors that place others at risk of becoming infected. The States should have in effect laws providing that intentionally infecting others with HIV is a felony. SEC. 3. ESTABLISHMENT OF HIV-RELATED REQUIREMENTS IN MEDICAID PROGRAM. (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended-- (1) in section 1902(a)-- (A) in paragraph (61), by striking ``and'' after the semicolon at the end; (B) in paragraph (62), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (62) the following paragraph: ``(63) meet the requirements of section 1930A (relating to the prevention of the transmission of the human immunodeficiency virus, commonly known as HIV).''; and (2) by inserting after section 1930 the following section: ``prevention of transmission of hiv ``Sec. 1930A. (a) For purposes of section 1902(a)(63), a State plan meets the requirements of this section if the plan demonstrates to the satisfaction of the Secretary that the law or regulations of the State are in accordance with the following: ``(1) The State requires that, in the case of a health professional or other entity that provides for the performance of a test for HIV on an individual, the entity confidentially report positive test results to the State public health officer, together with any additional necessary information, in order to carry out the following purposes: ``(A) The performance of statistical and epidemiological analyses of the incidence in the State of cases of such disease. ``(B) The performance of statistical and epidemiological analyses of the demographic characteristics of the population of individuals in the State who have the disease. ``(C) The assessment of the adequacy of preventive services in the State with respect to the disease. ``(D) The performance of the functions required in paragraph (2). ``(2)(A) The State requires that the public health officer of the State carry out a program of partner notification to inform individuals that the individuals may have been exposed to HIV. For purposes of this paragraph, the term `partner' includes the sexual partners of individuals with HIV disease; the partners of such individuals in the sharing of hypodermic needles for the intravenous injection of drugs; and the partners of such individuals in the sharing of any drug-related paraphernalia determined by the Secretary to place such partners at risk of HIV infection. ``(B) The State requires that any information collected for purposes of partner notification be sufficient for the following purposes: ``(i) To provide the partners of the individual with HIV disease with an appropriate opportunity to learn that the partners have been exposed to HIV. ``(ii) To provide the partners with counseling and testing for HIV disease. ``(iii) To provide the individual who has the disease with information regarding therapeutic measures for preventing and treating the deterioration of the immune system and conditions arising from the disease, and to provide the individual with other preventive information. ``(iv) With respect to an individual who undergoes testing for HIV disease but does not seek the results of the testing, and who has positive test results for the disease, to recall and provide the individual with counseling, therapeutic information, and other information regarding preventative health services appropriate for the individual. ``(C) The State cooperates with the Director of the Centers for Disease Control and Prevention in carrying out a national program of partner notification, including the sharing of information between the public health officers of the States. ``(3) With respect to a defendant against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in sexual activity, the State requires as follows: ``(A) That the defendant be tested for HIV disease if-- ``(i) the nature of the alleged crime is such that the sexual activity would have placed the victim at risk of becoming infected with HIV; or ``(ii) the victim requests that the defendant be so tested. ``(B) That if the conditions specified in subparagraph (A) are met, the defendant undergo the test not later than 48 hours after the date on which the information or indictment is presented, and that as soon thereafter as is practicable the results of the test be made available to the victim; the defendant (or if the defendant is a minor, to the legal guardian of the defendant); the attorneys of the victim; the attorneys of the defendant; the prosecuting attorneys; the judge presiding at the trial, if any; and the principal public health official for the local governmental jurisdiction in which the crime is alleged to have occurred. ``(C) That if the defendant has been tested pursuant to subparagraph (B), the defendant, upon request of the victim, undergo such follow-up tests for HIV as may be medically appropriate, and that as soon as is practicable after each such test the results of the test be made available in accordance with subparagraph (B) (except that this subparagraph applies only to the extent that the individual involved continues to be a defendant in the judicial proceedings involved, or is convicted in the proceedings). ``(D) That, if the results of a test conducted pursuant to subparagraph (B) or (C) indicate that the defendant has HIV disease, such fact may, as relevant, be considered in the judicial proceedings conducted with respect to the alleged crime. ``(4)(A) With respect to a patient who is to undergo a medical procedure that would place the health professionals involved at risk of becoming infected with HIV, the State-- ``(i) authorizes such health professionals in their discretion to provide that the procedure will not be performed unless the patient undergoes a test for HIV disease and the health professionals are notified of the results of the test; and ``(ii) requires that, if such test is performed and the patient has positive test results, the patient be informed of the results. ``(B) The State authorizes funeral-services practitioners in their discretion to provide that funeral procedures will not be performed unless the body involved undergoes a test for HIV disease and the practitioners are notified of the results of the test. ``(5) The State requires that, if a health care entity (including a hospital) transfers a body to a funeral-services practitioner and such entity knows that the body is infected with HIV, the entity notify the funeral-services practitioner of such fact. ``(6) The State requires that, if a health insurance issuer requires an applicant for such insurance to be tested for HIV disease as a condition of issuing such insurance, the applicant be afforded an opportunity by the health insurance issuer to be informed, upon request, of the HIV status of the applicant. For purposes of this paragraph, the term `health insurance issuer' means an insurance company, insurance service, or insurance organization (including a health maintenance organization) which is licensed to engage in the business of insurance in the State and which is subject to State law which regulates insurance. This paragraph may not be construed as affecting the provisions of section 514 of the Employee Retirement Income Security Act of 1974 with respect to group health plans. ``(7) The State requires that, if an adoption agency is giving significant consideration to approving an individual as an adoptive parent of a child and the agency knows whether the child has HIV disease, such prospective adoptive parent be afforded an opportunity by the agency to be informed, upon request, of the HIV status of the child. ``(b) For purposes of this section, the term `HIV' means the human immunodeficiency virus; and the term `HIV disease' means infection with HIV and includes any condition arising from such infection.''. (b) Sense of Congress Regarding Health Professionals With HIV Disease.--It is the sense of the Congress that, with respect to health professionals who have HIV disease-- (1) the health professionals should notify their patients that the health professionals have the disease in medical circumstances that place the patients at risk of being infected with HIV by the health professionals; and (2) the States should encourage the medical profession to develop guidelines to assist the health professionals in so notifying patients. (c) Applicability of Requirements.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) applies upon the expiration of the 120-day period beginning on the date of the enactment of this Act. (2) Delayed applicability for certain states.--In the case of the State involved, if the Secretary determines that a requirement established by the amendment made by subsection (a) cannot be implemented in the State without the enactment of State legislation, then such requirement applies to the State on and after the first day of the first calendar quarter that begins after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of such session is deemed to be a separate regular session of the State legislature. (d) Rule of Construction.--Part D of title XXVI of the Public Health Service Act (42 U.S.C. 300ff-71 et seq.) is amended by inserting after section 2675 the following section: ``SEC. 2675A. RULE OF CONSTRUCTION. ``With respect to an entity that is an applicant for or a recipient of financial assistance under this title, compliance by the entity with any State law or regulation that is consistent with section 1930A of the Social Security Act may not be considered to constitute a violation of any condition under this title for the receipt of such assistance.''. SEC. 4. SENSE OF CONGRESS REGARDING INTENTIONAL TRANSMISSION OF HIV. It is the sense of the Congress that the States should have in effect laws providing that, in the case of an individual who knows that he or she has HIV disease, it is a felony for the individual to infect another with HIV if the individual engages in the behaviors involved with the intent of so infecting the other individual. SEC. 5. SENSE OF CONGRESS REGARDING CONFIDENTIALITY. It is the sense of the Congress that strict confidentiality should be maintained in carrying out the provisions of section 1930A of the Social Security Act (as added by section 3(a) of this Act).

HIV Prevention Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to add certain requirements relating to prevention of the transmission of the HIV virus which State Medicaid plans must incorporate in order to receive Federal approval. Includes among such requirements: (1) mandatory confidential reporting of HIV positive results by the health professional or other entity performing HIV tests to the State public health officer; (2) informing of individuals who may have been exposed to HIV by the public health officer of the State (partner notification); (3) mandatory HIV testing of alleged rapists for which victims and their attorneys are notified of the results, with appropriate follow up tests upon the request of the victim; (4) subjection to mandatory HIV testing of prospective patients who are to undergo a medical procedure that would place the health professionals involved at risk of becoming infected with HIV, with the health professionals notified of the results; (5) affording applicants for health insurance who are required by the health insurance issuer to undergo HIV testing as a condition of issuance the opportunity to be informed by the issuer, upon request, of the applicant's HIV status; and (6) affording prospective adoptive parents the opportunity to be informed by the adoption agency, upon request, of the HIV status of the child which they wish to adopt. Expresses the sense of the Congress that with respect to health professionals with HIV disease: (1) the health professionals should notify their patients that they have the disease in medical circumstances that place the patients at risk of being infected with HIV by the health professionals; and (2) the States should encourage the medical profession to develop guidelines to assist the health professionals in so notifying patients. Expresses the sense of the Congress that: (1) States should have in effect laws providing that, in the case of an individual who knows that he or she has HIV disease, it is a felony for the individual to infect another with HIV if the individual engages in the behaviors involved with the intent of so infecting the other individual; and (2) strict confidentiality should be maintained in carrying out the requirements of this Act.

HIV Prevention Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lumbee Recognition Act''. SEC. 2. PREAMBLE. The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking ``and'' at the end of each clause. (2) By striking ``: Now, therefore,'' at the end of the last clause and inserting a semicolon. (3) By adding at the end the following new clauses: ``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina are descendants of coastal North Carolina Indian tribes, principally Cheraw, and have remained a distinct Indian community since the time of contact with white settlers; ``Whereas since 1885 the State of North Carolina has recognized the Lumbee Indians as an Indian tribe; ``Whereas in 1956 the Congress of the United States acknowledged the Lumbee Indians as an Indian tribe, but withheld from the Lumbee Tribe the benefits, privileges and immunities to which the Tribe and its members otherwise would have been entitled by virtue of the Tribe's status as a federally recognized tribe; and ``Whereas the Congress finds that the Lumbee Indians should now be entitled to full Federal recognition of their status as an Indian tribe and that the benefits, privileges and immunities that accompany such status should be accorded to the Lumbee Tribe: Now, therefore,''. SEC. 3. FEDERAL RECOGNITION. The Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking the last sentence of the first section. (2) By striking section 2 and inserting the following new sections: ``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee Tribe of North Carolina. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. ``(b) Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgement of tribal existence. ``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. For the purposes of the delivery of such services, those members of the tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. ``(b) Upon verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs and budget to provide the services to which members of the tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs and budget with the first budget request submitted to Congress after the fiscal year in which the tribal roll is verified. ``(c) For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the tribe. The Secretary's verification shall be limited to confirming compliance with the membership criteria set out in the tribe's constitution adopted on November 11, 2000, which verification shall be completed not less than 1 year after the date of the enactment of this section. ``Sec. 4. Fee lands which the tribe seeks to convey to the United States to be held in trust shall be treated by the Secretary of the Interior as `on-reservation' trust acquisitions under part 151 of title 25 Code of Federal Regulations (or a successor regulation) if such lands are located within Robeson County, North Carolina. ``Sec. 5. (a) The State of North Carolina shall exercise jurisdiction over-- ``(1) all criminal offenses that are committed on; and ``(2) all civil actions that arise on, lands located within the state of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. ``(b) The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in paragraph (1) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement. ``(c) The provisions of this subsection shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). ``Sec. 6. There are authorized to be appropriated such sums as are necessary to carry out this Act.''.

Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of North Carolina.

To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Dog Training Therapy Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY. (a) In General.--Commencing not later than 120 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall carry out a pilot program under which the Secretary shall enter into a contract with one or more appropriate non-government entities for the purpose of assessing the effectiveness of addressing post-deployment mental health and post-traumatic stress disorder symptoms through a therapeutic medium of training service dogs for veterans with disabilities. (b) Duration of Pilot Program.--The pilot program required by subsection (a) shall be carried out during the five-year period beginning on the date of the commencement of the pilot program. (c) Locations of Pilot Program.--In entering into contracts for purposes of the pilot program, the Secretary shall seek to enter into contracts with appropriate non-government entities located in close proximity to at least three but not more than five medical centers of the Department. (d) Appropriate Non-Government Entities.--For purposes of the pilot program, an appropriate non-government entity is an entity that is certified in the training and handling of service dogs and that has a training area that would be appropriate for use in educating veterans with mental health conditions in the art and science of service dog training and handling. Such training area shall-- (1) include a dedicated space that is suitable for grooming and training dogs indoors; (2) be wheelchair accessible; (3) include classroom or lecture space; (4) include office space for staff; (5) include a suitable space for storing training equipment; (6) provide for periodic use of other training areas for training the dogs with wheelchairs and conducting other exercises; (7) include outdoor exercise and toileting space for dogs; and (8) provide transportation for weekly field trips to train dogs in other environments. (e) Design of Pilot Program.--Each contract entered into under subsection (a) shall provide that the non-government entity shall-- (1) ensure that veterans participating in the program receive training from certified service dog training instructors; (2) ensure that in selecting assistance dogs for use in the program, dogs residing in animal shelters or foster homes are looked at as an option, if appropriate, and ensure that all dogs used in the program have adequate temperament and health clearances; (3) ensure that each service dog in training participating in the pilot program is taught all essential commands pertaining to service dog skills; (4) ensure that each service dog in training lives at the pilot program site or a volunteer foster home in the vicinity of such site while receiving training; (5) ensure that the pilot program involves both lecture of service dog training methodologies and practical hands-on training and grooming of service dogs; and (6) ensure that the pilot program is designed to-- (A) maximize the therapeutic benefits to veterans participating in the program; and (B) provide well-trained service dogs to veterans with disabilities; and (7) in hiring service dog training instructors to carry out training under the pilot program, give a preference to veterans who have successfully graduated from post-traumatic stress disorder or other residential treatment programs and who have received adequate certification in service dog training. (f) Administration.--In order to carry out the pilot program under section (a), the Secretary of Veterans Affairs shall-- (1) administer the program through the Recreation Therapy Service of the Department of Veterans Affairs under the direction of a certified recreational therapist with sufficient administrative experience to oversee the pilot program; and (2) establish a director of service dog training with a background working in social services, experience in teaching others to train service dogs in a vocational setting, and at least one year of experience working with veterans or active duty service members with post-traumatic stress disorder in a clinical setting. (g) Veteran Eligibility.--The Secretary shall select veterans for participation in the pilot program. A veteran with post-traumatic stress disorder or other post-deployment mental health condition may volunteer to participate in the pilot program, if the Secretary determines that there are adequate program resources available for such veteran at the pilot program site. Veterans may participate in the pilot program in conjunction with the compensated work therapy program of the Department of Veterans Affairs. (h) Collection of Data.--The Secretary shall collect data on the pilot program required under subsection (a) to determine how effective the program is for the veterans participating in the program. Such data shall include data to determine how effectively the program assists veterans in-- (1) reducing stigma associated with post-traumatic stress disorder or other post-deployment mental health condition; (2) improving emotional regulation; (3) improving patience; (4) instilling or re-establishing a sense of purpose; (5) providing an opportunity to help fellow veterans; (6) reintegrating into the community; (7) exposing the dog to new environments and in doing so, helping the veteran reduce social isolation and withdrawal; (8) building relationship skills, including parenting skills; (9) relaxing the hyper-vigilant survival state; (10) improving sleep patterns; and (11) enabling veterans to decrease the use of pain medication. (i) Reports to Congress.--Not later than one year after the date of the commencement of the pilot program under subsection (a), and each year thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. Each such report shall include-- (1) the number of veterans participating in the pilot program; (2) a description of the services carried out under the pilot program; (3) the effects that participating in the pilot program has on the following-- (A) symptoms of post-traumatic stress disorder and post-deployment adjustment difficulties, including depression, maintenance of sobriety, suicidal ideations, and homelessness; (B) potentially relevant physiological markers that possibly relate to the interactions with the service dogs; (C) family dynamics; (D) insomnia and pain management; and (E) overall well-being; and (4) the recommendations of the Secretary with respect to the extension or expansion of the pilot program. (j) Definition.--For the purposes of this section, the term ``service dog training instructor'' means an instructor who provides the direct training of veterans with post-traumatic stress disorder and other post-deployment issues in the art and science of service dog training and handling.

Veterans Dog Training Therapy Act Directs the Secretary of Veterans Affairs (VA) to carry out a five-year pilot program to assess the effectiveness of addressing veterans' post-deployment mental health and post-traumatic stress disorder symptoms through the therapeutic medium of educating those veterans in the training and handling of service dogs for veterans with disabilities. Requires: (1) the Secretary to carry out the pilot program through contracts with appropriate nongovernmental entities located in close proximity to at least three but no more than five VA medical centers, and (2) each of those entities to be certified in the training and handling of service dogs and to have a training area that would be appropriate for use in educating veterans with mental health conditions in the art and science of service dog training and handling.

Veterans Dog Training Therapy Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Good People, Good Government Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--CHIEF HUMAN CAPITAL OFFICERS Sec. 101. Chief human capital officers. Sec. 102. Chief human capital officers council. Sec. 103. Report on human capital metrics for the Federal Government. Sec. 104. Effective date. TITLE II--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND BENEFITS Sec. 201. Agency training. Sec. 202. Agency recruiting. Sec. 203. Increase in Government contribution for Federal employee health insurance. TITLE III--ALTERNATIVE RANKING AND SELECTION PROCEDURES FOR COMPETITIVE SERVICE Sec. 301. Alternative ranking and selection procedures for applicants for positions in competitive service. TITLE I--CHIEF HUMAN CAPITAL OFFICERS SEC. 101. CHIEF HUMAN CAPITAL OFFICERS. (a) In General.--Part II of title 5, United States Code, is amended by inserting after chapter 13 the following: ``CHAPTER 14--CHIEF HUMAN CAPITAL OFFICERS ``Sec. ``1401. Establishment of Chief Human Capital Officers. ``1402. Authority and functions of Chief Human Capital Officers. ``Sec. 1401. Establishment of Chief Human Capital Officers ``The head of each Executive agency shall appoint or designate a Chief Human Capital Officer, who shall advise and assist the head of the agency and other agency officials in carrying out the agency's responsibilities with respect to-- ``(1) selecting, developing, and managing a high-quality, productive workforce in accordance with merit system principles; and ``(2) implementing the rules and regulations of the President and the Office of Personnel Management and the laws governing the civil service within the agency. ``Sec. 1402. Authority and functions of Chief Human Capital Officers ``(a) The functions of each Chief Human Capital Officer shall include-- ``(1) setting the workforce development strategy of the agency; ``(2) assessing workforce characteristics and future needs based on the agency's mission; ``(3) reviewing agency training and other human resources policies and programs to assess their effectiveness in promoting the achievement of the agency's mission and goals; ``(4) developing and advocating a culture of continuous learning to attract and retain employees with superior abilities; ``(5) identifying best practices and benchmarking studies; and ``(6) applying methods for measuring intellectual capital and identifying links of that capital to organizational performance and growth. ``(b)(1) In order to carry out this chapter, each Chief Human Capital Officer-- ``(A) shall have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material that-- ``(i) are in the possession or under the control of the agency; ``(ii) relate to programs or operations with respect to which that Chief Human Capital Officer has any duties or responsibilities under this chapter; ``(B) may request such information or assistance, from any Federal, State, or local governmental entity, as the Chief Human Capital Officer considers necessary; and ``(C) may, to the extent and in such amounts as may be provided in advance by appropriations Acts, enter into contracts and other arrangements for studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary. ``(2)(A) Upon request of a Chief Human Capital Officer for information or assistance under paragraph (1)(B), the head of any Federal entity involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the Federal entity from which the information is requested, furnish to such Chief Human Capital Officer, or to an authorized designee, such information or assistance. ``(B) Whenever information or assistance requested under paragraph (1)(A) or (1)(B) is, in the judgment of a Chief Human Capital Officer, unreasonably refused or not provided, the Chief Human Capital Officer shall report the circumstances to the head of the establishment involved without delay.''. (b) Clerical Amendment.--The table of chapters for part II of title 5, United States Code, is amended by inserting after the item relating to chapter 13 the following: ``14. Chief Human Capital Officers.......................... 1401''. SEC. 102. CHIEF HUMAN CAPITAL OFFICERS COUNCIL. (a) Establishment.--There is established a Chief Human Capital Officers Council, consisting of-- (1) the Director of the Office of Personnel Management, who shall serve as chairperson of the Council; (2) the Deputy Director of the Office of Management and Budget; and (3) the Chief Human Capital Officers of Executive departments (as defined by section 101 of title 5, United States Code) and any other members who are designated by the Director of the Office of Personnel Management. (b) Functions.--The Chief Human Capital Officers Council shall meet periodically to advise and coordinate the activities of the agencies of its members on such matters as modernization of human resources systems, improved quality of human resources information, and legislation affecting human resources operations and organizations. SEC. 103. REPORT ON HUMAN CAPITAL METRICS FOR THE FEDERAL GOVERNMENT. (a) In General.--The General Accounting Office shall conduct a study and prepare a report on the feasibility and desirability of developing human capital metrics for use by the Federal Government. (b) Contents.--The report under subsection (a) shall examine the feasibility and desirability of developing a proposed set of metrics that-- (1) may be applied to the Federal Government human capital process; (2) provides for the basic quantitative analysis and measurement for human capital that are necessary for reform efforts; (3) provides for standardized measurements of-- (A) the efficiency of the human capital process of a Federal agency; and (B) the success of a Federal agency in achieving human capital objectives; (4) provides for an accurate comparison among agencies to encourage management focus on human capital issues; and (5) may be used as the basis for regular reports prepared by Chief Human Capital Officers. (c) Submission of Report.--Not later than 1 year after the date of enactment of this Act, the General Accounting Office shall submit the report prepared under this section to-- (1) the Committee on Governmental Affairs of the Senate; and (2) the Committee on Government Reform of the House of Representatives. SEC. 104. EFFECTIVE DATE. (a) In General.--Except as provided under subsection (b), this title shall take effect 180 days after the date of enactment of this Act. (b) Report.--Section 103 shall take effect on the date of enactment of this Act. TITLE II--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND BENEFITS SEC. 201. AGENCY TRAINING. (a) Training To Accomplish Performance Plans and Strategic Goals.-- Section 4103 of title 5, United States Code, is amended by adding at the end the following: ``(c) The head of each agency shall-- ``(1) evaluate each program and plan established, operated, or maintained under subsection (a) with respect to accomplishing specific agency goals and objectives; and ``(2) modify such program or plan to accomplish such goals and objectives.''. (b) Agency Training Officers.--Section 4103 of title 5, United States Code, is further amended by adding after subsection (c) (as added by subsection (a)) the following: ``(d) The head of each agency shall appoint or designate a training officer, who shall advise and assist the head of the agency in carrying out the duties and responsibilities of that agency head under this chapter.''. (c) Records Maintenance; Specific Training Programs.-- (1) In general.--Chapter 41 of title 5, United States Code, is amended by inserting after section 4112 the following: ``Sec. 4113. Specific training programs ``In consultation with the Office of Personnel Management, the head of each agency shall establish-- ``(1) a comprehensive program to provide training to employees to develop managers for the agency; and ``(2) a program to provide training to managers on actions, options, and strategies a manager may use relating to employees with unacceptable performance. ``Sec. 4114. Records maintenance ``Each agency shall maintain detailed records of all activities relating to training of employees of such agency.''. (2) Technical and conforming amendment.--The table of sections for chapter 41 of title 5, United States Code, is amended by inserting after the item relating to section 4112 the following: ``4113. Specific training programs. ``4114. Records maintenance.''. (d) Academic Degree Training.-- (1) In general.--Subsection (b) of section 4107 of title 5, United States Code, is amended to read as follows: ``(b)(1) The regulations prescribed under section 4118 shall include provisions under which the head of an agency may provide training, or payment or reimbursement for the costs of any training, not otherwise allowable under subsection (a), if such training-- ``(A) contributes significantly to-- ``(i) meeting an identified agency training need; ``(ii) resolving an identified agency staffing problem; or ``(iii) accomplishing goals in the agency's strategic plan (developed under section 306); ``(B) is part of a planned, systematic, and coordinated agency employee development program linked to accomplishing the goals referred to in subparagraph (A)(iii); and ``(C) is administered or conducted by a college or university, or other comparable educational institution, recognized under standards implemented by a national or regional accrediting body, except in a case in which such standards do not exist or the use of such standards would not be appropriate. ``(2) In exercising any authority under this subsection, an agency shall, consistent with the merit system principles set forth in paragraphs (2) and (7) of section 2301(b), take into consideration the need to-- ``(A) maintain a balanced workforce in which women, members of racial and ethnic minority groups, and persons with disabilities are appropriately represented in Government service; and ``(B) provide employees effective education and training to improve organizational and individual performance. ``(3) No authority under this subsection may be exercised on behalf of any employee occupying or seeking to qualify for appointment to-- ``(A) a position in the Senior Executive Service as a noncareer appointee (as defined by section 3132(a)(7)); or ``(B) a position which is excepted from the competitive service because of its confidential policy-determining, policy- making, or policy-advocating character.''. (2) Technical and conforming amendments.--Section 4107 of such title 5, as amended by paragraph (1), is further amended-- (A) in subsection (a), by striking ``subsections (b) and (c) of this section,'' and inserting ``subsection (b),''; and (B) by striking subsection (c). (e) Agency Training as Separate Statement in Accountability Reports.--Section 902(a)(6) of title 31, United States Code, is amended-- (1) in subparagraph (D), by striking ``and'' after the semicolon; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: ``(E) expenditures on agency training; and''. SEC. 202. AGENCY RECRUITING. (a) In General.--Subpart B of part III of title 5, United States Code, is amended by inserting before chapter 31 the following: ``CHAPTER 30--RECRUITMENT AUTHORITY ``Sec. ``3001. Definition. ``3002. Appointment of recruitment officers. ``3003. Records maintenance. ``Sec. 3001. Definition ``For the purpose of this chapter, the term `agency' means an Executive agency. ``Sec. 3002. Appointment of recruitment officers ``The head of each agency shall appoint or designate a recruitment officer, who shall advise and assist the head of the agency in carrying out such functions as the agency head may specify relating to the recruitment of qualified candidates for positions within that agency. ``Sec. 3003. Records maintenance ``Each agency shall maintain detailed records of all recruitment activities of that agency.''. (b) Agency Recruiting as Separate Statement in Accountability Reports.--Section 902(a)(6) of title 31, United States Code (as amended by section 201(e)), is further amended-- (1) in subparagraph (E), by striking ``and'' after the semicolon; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: ``(F) expenditures on agency recruiting; and''. (c) Clerical Amendments.-- (1) The analysis for part III of title 5, United States Code, is amended by inserting before the item relating to chapter 31 the following: ``30. Recruitment Authority................................. 3001''. (2)(A) The heading for subpart B of part III of title 5, United States Code, is amended to read as follows: ``Subpart B--Recruitment, Employment, and Retention''. (B) The analysis for part III of title 5, United States Code, is amended by striking the item relating to subpart B and inserting the following: ``Subpart B--Recruitment, Employment, and Retention''. SEC. 203. INCREASE IN GOVERNMENT CONTRIBUTION FOR FEDERAL EMPLOYEE HEALTH INSURANCE. (a) Increase in the Maximum Contribution Payable by the Government (Expressed as a Percentage of Governmentwide Weighted Averages).-- Section 8906(b)(1) of title 5, United States Code, is amended by striking ``72'' and inserting ``76''. (b) Increase in the Maximum Percentage of an Enrollee's Actual Subscription Charges Payable by the Government.--Section 8906(b)(2) of title 5, United States Code, is amended by striking ``75'' and inserting ``79''. (c) Effective Date.--This section shall take effect on the first day of the first contract year beginning after the date of the enactment of this Act. TITLE III--ALTERNATIVE RANKING AND SELECTION PROCEDURES FOR COMPETITIVE SERVICE SEC. 301. ALTERNATIVE RANKING AND SELECTION PROCEDURES FOR APPLICANTS FOR POSITIONS IN COMPETITIVE SERVICE. (a) In General.--Chapter 33 of title 5, United States Code, is amended by inserting after section 3318 the following new section: ``Sec. 3319. Alternative ranking and selection procedures ``(a) Notwithstanding section 2302(b)(11) or any other provision of this chapter-- ``(1) the Office, in exercising its authority under section 3304; or ``(2) an agency to which the Office has delegated examining authority under section 1104(a)(2), may establish category rating systems for evaluating applicants for positions in the competitive service, under which qualified candidates are divided into 2 or more quality categories, consistent with regulations prescribed by the Office of Personnel Management, rather than assigned individual numerical ratings. ``(b) Within each quality category established under subsection (a), preference-eligibles shall be listed ahead of individuals who are not preference eligibles. For other than scientific and professional positions at GS-9 of the General Schedule (equivalent or higher), qualified preference-eligibles who have a compensable service-connected disability of 10 percent or more shall be listed in the highest quality category. ``(c)(1) An appointing official must select any applicant in the highest quality category or, if fewer than 3 candidates have been assigned to the highest quality category, in a merged category consisting of the highest and the second highest quality categories. ``(2) Notwithstanding paragraph (1), the appointing official may not pass over a preference-eligible in the same category from which selection is made, unless the requirements of section 3317(b) or 3318(b), as applicable, are satisfied. ``(d) The Office of Personnel Management may prescribe such regulations as it considers necessary to carry out the provisions of this section.'' (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3318 the following: ``3319. Alternative ranking and selection procedures.''.

Good People, Good Government Act - Requires each executive agency to appoint or designate a Chief Human Capital Officer who shall assist in carrying out responsibilities with respect to: (1) selecting, developing, and managing a high-quality, productive workforce in accordance with merit system principles; and (2) implementing the rules and regulations and the laws governing the civil service within the agency.Requires the functions of such Officers to include: (1) setting the workforce development strategy of the agency; (2) assessing current workforce characteristics and future needs; (3) reviewing agency training and other human resources policies and programs; (4) developing and advocating a culture of continuous learning; (5) identifying best practices; and (6) applying methods for measuring intellectual capital.Establishes a Chief Human Capital Officers Council.Requires a study on the feasibility and desirability of developing human capital metrics for use by the Federal Government.Revises agency training programs to require: (1) their evaluation and modification; (2) the appointment or designation of a training officer; (3) establishment of a comprehensive program to provide training to employees to develop managers; and (4) manager training on unacceptable performance issues.Revises academic degree training criteria.Requires agencies to appoint or designate a recruitment officer.Increases the biweekly contribution payable by the Government for a Federal employee or annuitant enrolled in a Federal employee health insurance plan.Establishes alternative ranking and selection procedures for evaluating applicants for competitive service.

To provide for reform relating to Federal employee career development and benefits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing for Tomorrow's Schools Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to a 2005 study conducted by the American School & University, $29.08 billion was spent to address the Nation's education infrastructure needs in 2004, with the average total cost of a new high school at $27 million. (2) According to the National Center for Education Statistics, an estimated $127 billion in school repair, modernization, expansion, and construction is needed. (3) Approximately 14 million American students attend schools which report the need for extensive repair or replacement of one or more buildings. (4) Academic research has proven a direct correlation between the condition of school facilities and student achievement. At Georgetown University, researchers found that students assigned to schools in poor conditions can be expected to fall 10.9 percentage points behind those in buildings in excellent condition. Similar studies have demonstrated up to a 20 percent improvement in test scores when students were moved from a poor facility to a new facility. (5) The Director of Education and Employment Issues at the Government Accounting Office testified that nearly 52 percent of schools, affecting 21.3 million students, reported insufficient technology elements for 6 or more areas. (6) Large numbers of local educational agencies have difficulties securing financing for school facility improvement. (7) The challenges facing our Nation's public elementary and secondary schools and libraries require the concerted efforts of all levels of government and all sectors of the community. (8) The United States' competitive position within the world economy is vulnerable if America's future workforce continues to be educated in schools and libraries not equipped for the 21st century. (9) The deplorable state of collections in America's public school libraries has increased the demands on public libraries. In many instances, public libraries substitute for school libraries creating a higher demand for material and physical space to house literature and educational computer equipment. (10) Research shows that 50 percent of a child's intellectual development takes place before age 4. Our Nation's public and school libraries play a critical role in a child's early development because they provide a wealth of books and other resources that can give every child a head start on life and learning. SEC. 3. STATE INFRASTRUCTURE BANK PILOT PROGRAM. (a) Establishment.-- (1) Cooperative agreements.--Subject to the provisions of this section, the Secretary of the Treasury, in consultation with the Secretary of Education, may enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans to local educational agencies for building or repairing elementary or secondary schools which provide free public education (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) and to public libraries for building or repairing library facilities. (2) Interstate compacts.--Congress grants consent to 2 or more of the States, entering into a cooperative agreement under paragraph (1) with the Secretary of the Treasury for the establishment of a multistate infrastructure bank, to enter into an interstate compact establishing such bank in accordance with this section. (b) Funding.--The Secretary of the Treasury, in consultation with the Secretary of Education, shall make grants to State infrastructure banks and multistate infrastructure banks in a State in a cooperative agreement under subsection (a)(1) to provide initial capital for loans provided under this section to local educational agencies and public libraries. Each bank shall apply repayments of principal and interest on loans to the making of additional loans. The Secretary shall take final action on an application for a grant under this subsection within 90 days of the date of the submittal of such application. (c) Infrastructure Bank Requirements.--In order to establish an infrastructure bank under this section, each State establishing the bank shall-- (1) contribute, at a minimum, in each account of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the bank under subsection (b); (2) identify an operating entity of the State as recipient of the grant if the entity has the capacity to manage loan funds and issue debt instruments of the State for purposes of leveraging the funds; (3) allow such funds to be used as reserve for debt issued by the State so long as proceeds are deposited in the fund for loan purposes; (4) ensure that investment income generated by funds contributed to an account of the bank will be-- (A) credited to the account; (B) available for use in providing loans to projects eligible for assistance from the account; and (C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank; (5) ensure that any loan from the bank will bear interest at or below the lowest interest rates being offered for bonds the income from which is exempt from Federal taxation, as determined by the State, to make the project that is the subject of the loan feasible; (6) ensure that repayment of any loan from the bank will commence not later than 1 year after the project has been completed; (7) ensure that the term for repaying any loan will not exceed 30 years after the date of the first payment on the loan under paragraph (5); and (8) require the bank to make an annual report to the Secretary on its status and make such other reports as the Secretary may require by guidelines. (d) Forms of Assistance From Infrastructure Banks.-- (1) In general.--An infrastructure bank established under this section may make loans to a local educational agency or a public library in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. (2) Applications for loans.--An application to an infrastructure bank by a local educational agency or a public library for a loan shall include-- (A) in the case of a renovation project, a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds under a loan and the priorities to be applied; (B) a description of the criteria used by the applicant to determine the type of corrective action necessary for the renovation of a facility; (C) a description of improvements to be made and a cost estimate for the improvements; (D) a description of how work undertaken with the loan will promote energy conservation; and (E) such other information as the infrastructure bank may require. An infrastructure bank shall take final action on a completed application submitted to it within 90 days after the date of its submittal. (3) Criteria for loans.--In considering applications for a loan an infrastructure bank shall consider-- (A) the extent to which the local educational agency or public library involved lacks the fiscal capacity, including the ability to raise funds through the full use of such agency's bonding capacity and otherwise, to undertake the project for which the loan would be used without the loan; (B) in the case of a local educational agency, the threat that the condition of the physical plant in the project poses to the safety and well-being of students; (C) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility in the project; and (D) the age of such facility. (e) Qualifying Projects.-- (1) In general.--A project is eligible for a loan from an infrastructure bank if it is a project that consists of-- (A) the construction of new elementary or secondary schools to meet the needs imposed by enrollment growth; (B) the repair or upgrading of classrooms or structures related to academic learning, including the repair of leaking roofs, crumbling walls, inadequate plumbing, poor ventilation equipment, and inadequate heating or light equipment; (C) an activity to increase physical safety at the educational facility involved; (D) an activity to enhance the educational facility involved to provide access for students, teachers, and other individuals with disabilities; (E) an activity to address environmental hazards at the educational facility involved, such as poor ventilation, indoor air quality, or lighting; (F) the provision of basic infrastructure that facilitates educational technology, such as communications outlets, electrical systems, power outlets, or a communication closet; (G) work that will bring an educational facility into conformity with the requirements of-- (i) environmental protection or health and safety programs mandated by Federal, State, or local law if such requirements were not in effect when the facility was initially constructed; and (ii) hazardous waste disposal, treatment, and storage requirements mandated by the Resource Conservation and Recovery Act of 1976 or similar State laws; (H) work that will enable efficient use of available energy resources, especially coal, solar power, and other renewable energy resources; (I) work to detect, remove, or otherwise contain asbestos hazards in educational facilities; or (J) work to construct new public library facilities or repair or upgrade existing public library facilities. (2) Davis-bacon.--The wage requirements of the Act of March 3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a et seq.) shall apply with respect to individuals employed on the projects described in paragraph (1). (3) Healthy high performance schools.-- (A) Establishment of guidelines.--After consultation with States and consideration of leading green building standards, the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall establish Healthy, High Performance School Guidelines, which shall provide guidance for the construction and renovation of schools, education facilities, and libraries relating to energy efficiency, renewable energy, water use, building materials, indoor environmental quality, and such other matters as the Secretary considers to be appropriate. (B) Applicability of guidelines.--A local educational agency or public library using a loan under this section to fund a new construction or renovation project described in paragraph (1) shall ensure that the project conforms, to the maximum extent practicable, to the Healthy, High Performance School Guidelines in subparagraph (A). (f) Supplementation.--Any loan made by an infrastructure bank shall be used to supplement and not supplant other Federal, State, and local funds available. (g) Limitation on Repayments.--Notwithstanding any other provision of law, the repayment of a loan from an infrastructure bank under this section may not be credited towards the non-Federal share of the cost of any project. (h) Secretarial Requirements.--In administering this section, the Secretary of the Treasury shall specify procedures and guidelines for establishing, operating, and providing assistance from an infrastructure bank. (i) United States Not Obligated.--The contribution of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (j) Management of Federal Funds.--Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (k) Program Administration.--For each of fiscal years 2008 through 2012, a State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank. (l) Secretarial Review.--The Secretary of the Treasury shall review the financial condition of each infrastructure bank established under this section and transmit to Congress a report on the results of such review not later than 90 days after the completion of the review. (m) Authorization of Appropriations.--For grants to States for the initial capitalization of infrastructure banks there are authorized to be appropriated $500,000,000 for fiscal year 2008 and for each of the next 4 fiscal years. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Local educational agency.--(A) The term ``local educational agency'' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. (B) The term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (C) The term includes an elementary or secondary school funded by the Bureau of Indian Affairs but only to the extent that such inclusion makes such school eligible for programs for which specific eligibility is not provided to such school in another provision of law and such school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that such school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. (2) Outlying area.--The term ``outlying area'' means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (3) Public library.--The term ``public library'' means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. Such term also includes a research library, which, for the purposes of this sentence, means a library that-- (A) makes its services available to the public free of charge; (B) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries; (C) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and (D) is not an integral part of an institution of higher education. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.

Investing for Tomorrow's Schools Act of 2007 - Authorizes the Secretary of the Treasury to enter into cooperative agreements with states for the establishment of state infrastructure banks and multistate infrastructure banks for making loans to local educational agencies and public libraries for building or repairing public elementary or secondary schools and public library facilities. Grants congressional consent to states for interstate compacts to establish multistate infrastructure banks. Directs the Secretary to make grants to such banks to provide initial capital for such loans. Requires states to contribute from nonfederal sources at least 25% of the amount of each federal capitalization grant made to the state and contributed to the bank. Lists types of projects eligible for such bank loans. Directs the Secretary to establish Healthy, High Performance School Guidelines for the construction and renovation of schools, education facilities, and libraries relating to energy efficiency, renewable energy, water use, building materials, indoor environmental quality, and other appropriate matters. Requires any local educational agency or public library using a loan under this Act to fund a new construction or renovation project to ensure that the project conforms, to the maximum extent practicable, to such Healthy, High Performance School Guidelines.

To establish State infrastructure banks for education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia House Voting Rights Act of 2007''. SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT. (a) In General.--Notwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives. (b) Conforming Amendments Relating to Apportionment of Members of House of Representatives.-- (1) Inclusion of single district of columbia member in reapportionment of members among states.--Section 22 of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a), is amended by adding at the end the following new subsection: ``(d) This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State, except that the District of Columbia may not receive more than one Member under any reapportionment of Members.''. (2) Clarification of determination of number of presidential electors on basis of 23rd amendment.--Section 3 of title 3, United States Code, is amended by striking ``come into office;'' and inserting the following: ``come into office (subject to the twenty-third article of amendment to the Constitution of the United States in the case of the District of Columbia);''. SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES. (a) Permanent Increase in Number of Members.--Effective with respect to the One Hundred Tenth Congress and each succeeding Congress, the House of Representatives shall be composed of 437 Members, including any Members representing the District of Columbia pursuant to section 2(a). (b) Reapportionment of Members Resulting From Increase.-- (1) In general.--Section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the then existing number of Representatives'' and inserting ``the number of Representatives established with respect to the One Hundred Tenth Congress''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2010 and each subsequent regular decennial census. (c) Special Rules for Period Prior to 2012 Reapportionment.-- (1) Transmittal of revised statement of apportionment by president.--Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account this Act and the amendments made by this Act. (2) Report by clerk.--Not later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall send to the executive of each State a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report to the Speaker of the House of Representatives identifying the State (other than the District of Columbia) which is entitled to one additional Representative pursuant to this section. (3) Requirements for election of additional member.--During the One Hundred Tenth Congress, the One Hundred Eleventh Congress, and the One Hundred Twelfth Congress-- (A) notwithstanding the final undesignated paragraph of the Act entitled ``An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting'', approved December 14, 1967 (2 U.S.C. 2c), the additional Representative to which the State identified by the Clerk of the House of Representatives in the report submitted under paragraph (2) is entitled shall be elected from the State at large; and (B) the other Representatives to which such State is entitled shall be elected on the basis of the Congressional districts in effect in the State for the One Hundred Ninth Congress. SEC. 4. NONSEVERABILITY OF PROVISIONS. If any provision of this Act, or any amendment made by this Act, is declared or held invalid or unenforceable, the remaining provisions of this Act and any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law. SEC. 5. ADJUSTMENT OF ESTIMATED TAX PAYMENT SAFE HARBOR FOR INDIVIDUAL TAXPAYERS WITH ADJUSTED GROSS INCOME GREATER THAN $5 MILLION. (a) In General.--Subparagraph (C) of section 6654(d)(1) of the Internal Revenue Code of 1986 (relating to limitation on use of preceding year's tax) is amended by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and by inserting after clause (i) the following new clause: ``(ii) Individual adjusted gross income greater than $5,000,000.--If the adjusted gross income shown on the return of the individual for such preceding taxable year exceeds $5,000,000, clause (i) shall be applied by substituting `110.1' for `110' in the last row of the table therein.''. (b) Separate Returns.--Clause (iii) of section 6654(d)(1)(C) of such Code, as redesignated by subsection (a), is amended by inserting ``and clause (ii) shall be applied by substituting `$2,500,000' for `$5,000,000''' before the period at the end. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. Passed the House of Representatives April 19, 2007. Attest: LORRAINE C. MILLER, Clerk.

District of Columbia House Voting Rights Act of 2007 - Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives. Applies to the District in the same manner as it applies to a state the federal law providing for the fifteenth and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members. Modifies the formula regarding the number of presidential electors to subject it to the Twenty-Third amendment to the Constitution in the case of the District. Increases membership of the House from 435 to 437 Members beginning with the 110th Congress and each succeeding Congress. Provides for a reapportionment of Members resulting from such increase. Prescribes a procedure for identifying the additional Representative to which a state other than the District of Columbia shall be entitled under this Act. Requires election at large of such additional Representative. Amends the Internal Revenue Code to increase (from 110% to 110.1%) the estimated tax payment safe harbor percentage for determining the amount of estimated tax payable by individual taxpayers whose adjusted gross income for the preceding taxable year exceeds $5 million.

To provide for the treatment of the District of Columbia as a Congressional district for purposes of representation in the House of Representatives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Groundwork USA Trust Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) locally organized and controlled entities that are linked together through a national program office have the ability to lead cost-effective projects and programs that are responsive to community needs and essential to improving the local environment, economy, and quality of life; (2) local community involvement with how land is being used is an essential component to the economic success of a neighborhood; (3) underutilized and neglected vacant lands significantly erode nearby property values and burden municipal tax bases; (4) landscaping and maintenance, especially when local citizens are involved in the process, decreases negative stigma and generates civic pride, which in turn significantly reduces vandalism and illicit activities typically associated with idle lands; (5) cleaning, landscaping, and tree planting within vacant and abandoned land and brownfields adds economic value to a community through increased occupancy rates, and improved sales appeal of nearby residential and commercial real estate; and (6) the transformation of idle lands and brownfields into cleaner, greener, community assets has been exemplified by a network of federally backed Groundwork USA Trusts for over 8 years. SEC. 3. DEFINITIONS. In this Act: (1) Brownfields.--The term ``brownfields'' means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. (2) Eligible organization.--The term ``eligible organization'' means a-- (A) nonprofit organization that applies for a grant award under section 4(b) to establish a Ground USA Trust; and (B) Groundwork USA Trust. (3) Groundwork usa national office.--The term ``Groundwork USA national office'' means the independent, nonprofit, environmental business incorporated under the laws of the State of New York, which overseas and creates a link between local Groundwork USA Trust offices. (4) Groundwork usa trust.--The term ``Groundwork USA Trust'' means an independent, nonprofit, environmental organization that works with communities to improve their environment, economy, and quality of life through local action. (5) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from tax under section 501(a) of such Code. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ESTABLISHMENT OF GROUNDWORK USA TRUST PROGRAM. (a) Authorization of Grant Program.--The Secretary, in consultation with the Groundwork USA national office, is authorized to award grants to eligible organizations. (b) Application.--An eligible organization desiring a grant under the program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary, in consultation with the Groundwork USA national office, may require. SEC. 5. CRITERIA FOR SELECTION. Each grant award provided under section 4(a) shall be made on the basis of the quality of the application submitted, taking into consideration such factors as the following: (1) The population and demographics of the community and the environmental, community, or economic development issues which an eligible entity could help address. (2) The level of experience with community and environmental improvement activities of an eligible organization and the role such organization will play in the implementation of Groundwork USA Trust activities. (3) The level in which the community or local government in which the eligible organization is based is a current or past recipient of funding or assistance from the EPA Brownfields Program and demonstrated success in those efforts. (4) The level in which the eligible organization has partnered with the National Park Service and demonstrated success in those efforts. (5) The level of community interest and commitment to learn about, evaluate, and partner with a Groundwork USA Trust. (6) The number and level of opportunities to improve the local environment for conservation, recreation, and economic development, including: (A) The potential to facilitate the creation, improvement, and stewardship of parks, greenways, open space, and nature reserves and increase opportunities for recreation, conservation, food security, environmental education, and other environmental improvements in communities impacted by brownfields. (B) The potential to stimulate economic and environmental rejuvenation of communities impacted by brownfield issues. (C) The potential to increase the capacity of communities with limited means to improve their environment, economy, and quality of life. (D) The potential to engage the local community in the planning and development of projects and programs to improve its local environment, including the assessment, cleanup, and reuse of brownfield sites for parks, recreation facilities, nature areas, gardens, trails, and other community benefits. (E) The potential to contribute to the use or reuse of existing infrastructure. (7) The ability to address the issue of brownfields in the community or target area, including: (A) The potential to leverage or stimulate funds from other sources to support the assessment and remediation of brownfields and their reuse for parks, recreation facilities, nature areas, and other community benefits. (B) The potential to engage the local community in the planning and implementation of projects and programs to assess, cleanup, and reuse brownfields for parks, recreation facilities, nature areas, and other community benefits. (C) The potential to help reduce the threats to human health and the local environment associated with the presence of hazardous substances, pollutants, or contaminants. (D) The potential to help address or facilitate the identification and reduction of threats to the health and welfare of populations at risk. SEC. 6. USE OF FUNDS. A grant award provided under the program may be used to-- (1) provide training, research, and technical assistance to individuals and organizations, as appropriate, to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation; (2) increase the capacity of communities to improve and care for their local environment; (3) reclaim vacant and derelict lands for conservation, recreation, and economic development; (4) clean up and care for neglected areas to signal community pride and rejuvenation; (5) return brownfields to economically productive use while restoring blighted landscapes with healthy environments; (6) integrate environmental education, food security, health and fitness, resource management, and job training; (7) encourage businesses, local governments, nonprofits, and communities to work together for sustainable environmental care and enhancement; (8) support businesses, local governments, nonprofits, and communities in efforts to improve their local environment; (9) raise the profile of urban environmental improvements as part of a comprehensive approach to smart growth strategies and rejuvenation of inner city communities; (10) acquire real property and buildings to rehabilitate and improve upon for the local community and perform maintenance on such property and buildings, including mowing, irrigating, landscaping, painting, and providing structural repairs; (11) expand operations and locations of offices to benefit a larger geographic area, and increase staff; (12) develop information systems and utilize such systems for community- and regional-based research and data dissemination; and (13) develop programs that encourage regional and national partnering with other environmental organizations. SEC. 7. MAXIMUM GRANT AWARD. A grant award under the program shall not exceed $400,000 for any fiscal year. SEC. 8. LIMITATION ON ADMINISTRATIVE COSTS. The Secretary may reserve not more than 15 percent of the amount made available under this Act to carry out the program in a fiscal year for administrative costs, including managing, administering, and assisting with technical support of operations for national and local Groundwork USA offices. SEC. 9. ANNUAL REPORT. Each grant recipient shall submit to the Secretary and the national Groundwork USA national office an annual report at such time, in such manner, and containing such information as the Secretary, in consultation with the Groundwork USA national office, may require. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out the program $15,000,000 for each of the fiscal years 2011 through 2016.

Groundwork USA Trust Act of 2010 - Establishes the Groundwork USA Trust Program. Authorizes the Secretary of the Interior, in consultation with the Groundwork USA national office, to award grants to eligible nonprofit organizations to: (1) provide training, research, and technical assistance to individuals and organizations to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation; (2) reclaim vacant and derelict lands for conservation, recreation, and economic development; (3) clean up and care for neglected areas; (4) return brownfields to economically productive use; (5) integrate environmental education, food security, health and fitness, resource management, and job training; (6) encourage businesses, local governments, nonprofits, and communities to work together for sustainable environmental care and enhancement; (7) support businesses, local governments, nonprofits, and communities in efforts to improve their local environment; (8) acquire real property and buildings to rehabilitate and improve upon for the local community and perform maintenance on such property and buildings; and (9) develop programs that encourage regional and national partnering with other environmental organizations. Limits the maximum amount for a grant award under the program to $400,000 for any fiscal year. Requires annual reporting by grant recipients.

To authorize the Secretary of the Interior, in consultation with the Groundwork USA national office, to provide grants to certain nonprofit organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Redress Act of 2015''. SEC. 2. EXTENSION OF PRIVACY ACT REMEDIES TO CITIZENS OF DESIGNATED COUNTRIES. (a) Civil Action; Civil Remedies.--With respect to covered records, a covered person may bring a civil action against an agency and obtain civil remedies, in the same manner, to the same extent, and subject to the same limitations, including exemptions and exceptions, as an individual may bring and obtain with respect to records under-- (1) section 552a(g)(1)(D) of title 5, United States Code, but only with respect to disclosures intentionally or willfully made in violation of section 552a(b) of such title; and (2) subparagraphs (A) and (B) of section 552a(g)(1) of title 5, United States Code, but such an action may only be brought against a designated Federal agency or component. (b) Exclusive Remedies.--The remedies set forth in subsection (a) are the exclusive remedies available to a covered person under this section. (c) Application of the Privacy Act With Respect to a Covered Person.--For purposes of a civil action described in subsection (a), a covered person shall have the same rights, and be subject to the same limitations, including exemptions and exceptions, as an individual has and is subject to under section 552a of title 5, United States Code, when pursuing the civil remedies described in paragraphs (1) and (2) of subsection (a). (d) Designation of Covered Country.-- (1) In general.--The Attorney General may, with the concurrence of the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security, designate a foreign country or regional economic integration organization, or member country of such organization, as a ``covered country'' for purposes of this section if-- (A)(i) the country or regional economic integration organization, or member country of such organization, has entered into an agreement with the United States that provides for appropriate privacy protections for information shared for the purpose of preventing, investigating, detecting, or prosecuting criminal offenses; or (ii) the Attorney General has determined that the country or regional economic integration organization, or member country of such organization, has effectively shared information with the United States for the purpose of preventing, investigating, detecting, or prosecuting criminal offenses and has appropriate privacy protections for such shared information; (B) the country or regional economic integration organization, or member country of such organization, permits the transfer of personal data for commercial purposes between the territory of that country or regional economic organization and the territory of the United States, through an agreement with the United States or otherwise; and (C) the Attorney General has certified that the policies regarding the transfer of personal data for commercial purposes and related actions of the country or regional economic integration organization, or member country of such organization, do not materially impede the national security interests of the United States. (2) Removal of designation.--The Attorney General may, with the concurrence of the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security, revoke the designation of a foreign country or regional economic integration organization, or member country of such organization, as a ``covered country'' if the Attorney General determines that such designated ``covered country''-- (A) is not complying with the agreement described under paragraph (1)(A)(i); (B) no longer meets the requirements for designation under paragraph (1)(A)(ii); (C) fails to meet the requirements under paragraph (1)(B); (D) no longer meets the requirements for certification under paragraph (1)(C); or (E) impedes the transfer of information (for purposes of reporting or preventing unlawful activity) to the United States by a private entity or person. (e) Designation of Designated Federal Agency or Component.-- (1) In general.--The Attorney General shall determine whether an agency or component thereof is a ``designated Federal agency or component'' for purposes of this section. The Attorney General shall not designate any agency or component thereof other than the Department of Justice or a component of the Department of Justice without the concurrence of the head of the relevant agency, or of the agency to which the component belongs. (2) Requirements for designation.--The Attorney General may determine that an agency or component of an agency is a ``designated Federal agency or component'' for purposes of this section, if-- (A) the Attorney General determines that information exchanged by such agency with a covered country is within the scope of an agreement referred to in subsection (d)(1)(A); or (B) with respect to a country or regional economic integration organization, or member country of such organization, that has been designated as a ``covered country'' under subsection (d)(1)(B), the Attorney General determines that designating such agency or component thereof is in the law enforcement interests of the United States. (f) Federal Register Requirement; Nonreviewable Determination.--The Attorney General shall publish each determination made under subsections (d) and (e). Such determination shall not be subject to judicial or administrative review. (g) Jurisdiction.--The United States District Court for the District of Columbia shall have exclusive jurisdiction over any claim arising under this section. (h) Definitions.--In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 552(f) of title 5, United States Code. (2) Covered country.--The term ``covered country'' means a country or regional economic integration organization, or member country of such organization, designated in accordance with subsection (d). (3) Covered person.--The term ``covered person'' means a natural person (other than an individual) who is a citizen of a covered country. (4) Covered record.--The term ``covered record'' has the same meaning for a covered person as a record has for an individual under section 552a of title 5, United States Code, once the covered record is transferred-- (A) by a public authority of, or private entity within, a country or regional economic organization, or member country of such organization, which at the time the record is transferred is a covered country; and (B) to a designated Federal agency or component for purposes of preventing, investigating, detecting, or prosecuting criminal offenses. (5) Designated federal agency or component.--The term ``designated Federal agency or component'' means a Federal agency or component of an agency designated in accordance with subsection (e). (6) Individual.--The term ``individual'' has the meaning given that term in section 552a(a)(2) of title 5, United States Code. (i) Preservation of Privileges.--Nothing in this section shall be construed to waive any applicable privilege or require the disclosure of classified information. Upon an agency's request, the district court shall review in camera and ex parte any submission by the agency in connection with this subsection. (j) Effective Date.--This Act shall take effect 90 days after the date of the enactment of this Act. 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 February 1, 2016.   Judicial Redress Act of 2015 (Sec. 2) This bill authorizes the Department of Justice (DOJ) to designate foreign countries or regional economic integration organizations whose natural citizens may bring civil actions under the Privacy Act of 1974 against certain U.S. government agencies for purposes of accessing, amending, or redressing unlawful disclosures of records transferred from a foreign country to the United States to prevent, investigate, detect, or prosecute criminal offenses. The citizens of such countries or organizations may bring a civil action against: (1) U.S. agencies that intentionally or willfully violate conditions for disclosing records without the consent of the individual to whom the record pertains; and (2) U.S. agencies designated by DOJ, with the concurrence of the agency, that refuse an individual's request to review or amend his or her records. DOJ, with the concurrence of the Department of State, the Department of the Treasury, and the Department of Homeland Security, may designate countries or organizations whose citizens may pursue such civil remedies if the person's country or organization: (1) has appropriate privacy protections for sharing information with the United States, as provided for in an agreement with the United States or as determined by DOJ; (2) permits the transfer of personal data for commercial purposes between its territory and the United States; and (3) has DOJ-certified data transfer policies that do not impede U.S. national security interests. A country's designation may be revoked if it: (1) is not complying with a privacy protection agreement, (2) no longer has appropriate privacy protections for sharing information, (3) fails to meet requirements for transfers of personal data for commercial purposes, (4) no longer meets the DOJ's transfer policy certification requirements, or (5) impedes the transfer of information to the United States (for purposes of reporting or preventing unlawful activity) by a private entity or person. DOJ's designations are exempt from judicial or administrative review. The U.S. District Court for the District of Columbia is granted exclusive jurisdiction over any claim arising under this Act.

Judicial Redress Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Gas Tax Credit Act of 2005''. SEC. 2. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY VEHICLES FOR NONBUSINESS PURPOSES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by adding after section 25B the following new section: ``SEC. 25C. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY VEHICLES FOR NONBUSINESS PURPOSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the aggregate qualified taxable fuel expenditures made by the taxpayer during such year. ``(b) Limitation.--The credit allowed under subsection (a) for a taxable year shall not exceed $250 ($500 in the case of a joint return). ``(c) Qualified Taxable Fuel Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified taxable fuel expenditures' means amounts paid for a taxable fuel (as defined by section 4083(a) (without regard to paragraph (1)(C) thereof) for a nonbusiness use in a highway vehicle. ``(2) Exception.--Such term does not include amounts paid for any fuel with respect to which a credit is allowed under section 34 or a refund allowed under section 6420, 6421, or 6427. ``(d) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this subsection) be taken into account under subsection (a) for the taxable year shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $25,000 ($50,000 in the case of a joint return), bears to ``(B) $2,500 ($5,000 in the case of a joint return). ``(3) Modified adjusted gross income.--The term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(e) Rate of Increase in Price of a Gallon of Gasoline Must Exceed Rate of Inflation by not Less Than 200 Percent.-- ``(1) General rule.--Subsection (a) shall not apply for any taxable year unless the Secretary determines that the percentage change in the price of a gallon of gasoline for the taxable year is not less than 200 percent of the change in the inflation rate for such taxable year. ``(2) Percentage change in the price of a gallon of gasoline.--For purposes of paragraph (1), the percentage change in the price of a gallon of gasoline for a taxable year is the percentage (if any) by which-- ``(A) the average price of a gallon of gasoline as of the close of the taxable year, exceeds ``(B) the average price of a gallon gasoline as of the beginning of the taxable year. ``(3) Inflation rate.--For purposes of paragraph (1), the inflation rate for the determination period is the percentage (if any) by which-- ``(A) the average of the Consumer Price Index as of the close of the taxable year, exceeds ``(B) the average of the Consumer Price Index as of the beginning of the taxable year. ``(4) Price of a gallon of gasoline.--For purposes of this subsection, the price of a gallon of gasoline shall be as determined under the U.S. Regular All Formulations Retail Gasoline Prices by the Energy Information Administration of the Department of Energy. ``(5) Consumer price index.--For the purposes of this subsection, the term `Consumer Price Index' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used. ``(f) Adjustments for Inflation.--In the case of a taxable year beginning after December 31, 2005, each of the dollar amounts in subsection (b) and subsection (d)(2)(A)(ii) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. If, in the case of any amount in subsection (b) as increased under the preceding sentence, is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10, and if, in the case of any amount in subsection (d) as increased under the preceding sentence, is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ``(g) Guidance.--Not later than January 31 of each year, the Secretary shall promulgate such guidance as may be necessary or appropriate to carry out the provisions of this section with respect to the preceding taxable year.''. (b) Clerical Amendment.--The table of sections for subpart A of such part IV is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for gasoline and diesel fuel used in highway vehicles for nonbusiness purposes.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Working Families Gas Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a nonrefundable tax credit for gasoline, diesel fuel, or kerosene used in highway vehicles for nonbusiness purposes. Limits the amount of such credit to $250 annually ($500 for joint returns). Reduces the allowable credit amount for taxpayers with modified adjusted gross incomes over $25,000 ($50,000 for joint returns). Allows the credit only in taxable years when the Secretary of the Treasury determines that the percentage change in the price of a gallon of gasoline is at least 200 percent of the change in the inflation rate for such year.

To amend the Internal Revenue Code of 1986 to allow a nonrefundable credit against income tax liability for gasoline and diesel fuel used in highway vehicles for nonbusiness purposes.