FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save for Success Act''. SEC. 2. AMERICAN OPPORTUNITY TAX CREDIT SAVINGS CREDIT. (a) In General.--Section 25A of the Internal Revenue Code of 1986 is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following: ``(j) Special Rules Relating to AOTC Savings Credit.-- ``(1) In general.--For purposes of this section, the term `qualified tuition and related expenses' with respect to any individual includes eligible college savings contributions for such individual. Such contributions shall be taken into account for purposes of subsection (i)(1)(A) before tuition and fees. ``(2) Limitation.-- ``(A) In general.--The aggregate amount of contributions with respect to an individual which may be taken into account under paragraph (1) for a taxable year is $250. ``(B) Phase out.--The dollar amount in subparagraph (A) shall be reduced (but not below zero) by the amount which bears the same ratio to such dollar amount as-- ``(i) the number of percentage points (if any) in excess of 133 percent that the taxpayer's household income for the taxable year is of the poverty line for a family of the size involved, bears to ``(ii) 400 percentage points. ``(3) Terms relating to income and families.--The terms `family size', `household income', and `poverty line' shall have the meanings given such terms by section 36B(d). ``(4) Eligible higher education contribution.--For purposes of paragraph (1), the term `eligible college savings contribution' with respect to an individual means the excess of-- ``(A) contributions by the taxpayer in the taxable year to qualified college savings accounts of which the individual is the beneficiary, over ``(B) distributions from all such qualified college savings accounts for the taxable year. ``(5) Qualified college savings accounts.--The term `qualified college savings account' with respect to which such individual is the beneficiary means-- ``(A) an account under a qualified tuition program (as defined by section 529), and ``(B) an account under a program of a State (or political jurisdiction thereof) established exclusively for the purpose of paying for college tuition and other post-secondary educational expenses. ``(6) Portion of credit made refundable.--So much of the credit allowed under subsection (a) as is attributable to this subsection (determined after the application of subsection (i) and without regard to this subsection and section 26(a)) shall be treated as a credit allowable under subpart C (and not allowed under subsection (a)). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom subsection (g) of section 1 applies for such taxable year.''. (b) AOTC Lifetime Limitation.--Section 25A(i)(2) of such Code is amended to read as follows: ``(2) Limitation.--In lieu of subparagraphs (A) and (C) of subsection (b)(2), the amount allowed as a credit under this section for the taxable year with respect to an individual shall not exceed-- ``(A) $10,000, reduced ``(B) by the amount allowed under this section with respect to such individual for all prior taxable years.''. (c) Pilot Program To Make Periodic Payments as College Expenses Incurred.--Section 25A(i) of such Code is amended by adding at the end the following: ``(8) Pilot program to make periodic payments as college expenses incurred.-- ``(A) In general.--The Secretary of the Treasury and the Secretary of Education shall jointly establish a program designed to make payments periodically to or on behalf of an eligible student as the student incurs qualified expenses during the taxable year. The total amount that may be so paid to or on behalf of an eligible student through this program shall not exceed the credit which would (but for subparagraph (B)) be allowable under this section if subsection (d) were applied by using the taxpayer's modified adjusted gross income for the preceding taxable year. ``(B) Credit reduced by pilot program payments.-- The credit allowable under this section (without regard to this subparagraph) for any taxable year shall be reduced (but not below zero) by the payments made with respect to a student under subparagraph (A) for expenses which would otherwise be taken into account in determining the credit under this section for such year. ``(C) Program participation.--Participation in the program established under this paragraph shall be voluntary with respect to both students and educational institutions; except that, institutions which are taxable under this chapter (other than by reason of section 511) may not participate in such program. ``(D) Program period.--The program established under this paragraph shall apply to expenses for academic periods beginning during the 5-year period which begins on the date which is 1 year after the date of the enactment of this paragraph. ``(E) Payments not treated as resources for financial aid.--Payments made under this paragraph shall not be treated as resources for purposes of determining the amount of any financial aid which is funded in whole or part with Federal funds. Payments under the program shall not be made in a manner that would reduce the State, private, or institutional aid available to an eligible student. ``(F) Notice of program.--Educational institutions participating in the program established under this paragraph shall provide appropriate notices to parents and students of the option of payments under such program. Such notices shall not be considered tax advice for purposes of any Federal law or regulation. ``(G) Reporting.--The Secretary of the Treasury and the Secretary of Education shall jointly submit annual reports to Congress on the program established under this subsection, together with any recommendations with respect to such program.''. (d) Conforming Amendment.--Section 6211(b)(4)(A) of such Code is amended by inserting ``or (j)(6)'' after ``subsection (i)(6)''. (e) Increased Public Awareness of American Opportunity Tax Credit.-- (1) In general.--The Secretary of the Treasury, or the Secretary's delegate, in consultation with the Secretary of Education, shall establish a taxpayer awareness program to inform the taxpaying public of the availability of the American Opportunity Tax Credit allowed under section 25A of the Internal Revenue Code of 1986. Such public awareness program shall be designed to assure that individuals who may be eligible are informed of the availability of such credit and filing procedures. (2) Means of communications.-- (A) In general.--The Secretary of the Treasury, or the Secretary's delegate, in consultation with the Secretary of Education, shall use appropriate means of communication to carry out the provisions of this section. The taxpayer awareness program shall include, but not be limited to, prominent display of information about the availability of the American Opportunity Tax Credit on information return forms specified by such Secretary for use by educational institutions to report qualified tuition and related expenses incurred. (B) Additional steps.--In addition, the Secretary of the Treasury, or the Secretary's delegate, in consultation with the Secretary of Education, should-- (i) make students aware of the American Opportunity Tax Credit through the data retrieval tool and the student aid report of the Department of Education, (ii) include information on the financial aid shopping sheet, (iii) include the American Opportunity Tax Credit in the volunteer income tax assistance program, and (iv) bring awareness of the American Opportunity Tax Credit in the Federal TRIO Programs (commonly known as ``TRIO'') under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq.) and in the Gaining Early Awareness and Readiness for Undergraduate Programs (commonly known as ``GEAR UP'') under chapter 2 of subpart 2 of part A of title IV of such Act (20 U.S.C. 1070a-21 et seq.). (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015.

Save for Success Act This bill amends the Internal Revenue Code to: (1) modify the American Opportunity Tax Credit to include an increased credit amount for college savings contributions, and (2) direct the Departments of the Treasury and Education to jointly establish a pilot program to make periodic payments of educational expenses for a student as such expenses are incurred during the taxable year. Treasury shall establish a taxpayer awareness program to inform the public of the availability of the American Opportunity Tax Credit.

Save for Success Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Pet Owners Act of 2014''. SEC. 2. APPLICABILITY. This Act shall only apply to medication for a domesticated household animal that the Federal Government prevents consumers from purchasing without a prescription. SEC. 3. RULES ON VETERINARY PRESCRIPTIONS. Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, that include the following requirements with regard to a veterinary prescription: (1) In general.--A requirement that the prescriber of an animal drug shall-- (A) whether or not requested by the pet owner, provide to the pet owner, before offering to fill or dispensing, a veterinary prescription, a copy of the veterinary prescription, including by electronic or other means; and (B) provide a copy of the prescription by electronic or other means consistent with applicable State law, if requested by a pharmacy or any other person designated to act on behalf of the pet owner. (2) Purchase, payment, and waiver.--A requirement that the prescriber of an animal drug-- (A) may not-- (i) require purchase of the animal drug for which the veterinary prescription was written from the prescriber or from another person as a condition of providing a copy of the veterinary prescription or verifying such prescription under paragraph (1); (ii) require payment in addition to, or as part of, the fee for an examination and evaluation as a condition of providing a copy of the veterinary prescription or verifying such prescription under paragraph (1); or (iii) require the pet owner to sign a waiver or disclaim liability, or deliver to the pet owner a notice waiving or disclaiming liability of the prescriber for the accuracy of the veterinary prescription, as a condition of providing a copy of such prescription or verifying such prescription under paragraph (1); and (B) may require payment of fees for an examination and evaluation before providing a veterinary prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for an animal drug. SEC. 4. ENFORCEMENT. A violation of a rule prescribed pursuant to section 3 of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. SEC. 5. DEFINITIONS. In this Act: (1) Animal drug.--The term ``animal drug'' means a drug intended to be administered to an animal that may not be dispensed without a prescription. (2) Domesticated household animal.--The term ``domesticated household animal'' means a companion animal permitted under applicable State and local law to be kept in a home for noncommercial purposes. (3) Pet owner.--The term ``pet owner'' means the legal owner of a domesticated household animal or a person designated by such owner to present such animal to the prescriber for care. (4) Prescriber.--The term ``prescriber'' means a health care practitioner who is licensed to practice veterinary medicine or other person permitted under State law to issue prescriptions for animal drugs. (5) Veterinary prescription.--The term ``veterinary prescription''-- (A) means a written, oral, or electronic order from a prescriber authorizing the dispensing of an animal drug for use by a domesticated household animal and normally administered to the animal by its owner, issued in accordance with State and Federal law; and (B) does not include an animal drug administered by the veterinarian in the course of providing acute care.

Fairness to Pet Owners Act of 2014 - Directs the Federal Trade Commission (FTC) to require prescribers of animal drugs to verify prescriptions and provide copies of prescriptions to pet owners, pet owner designees, and pharmacies, without the prescriber demanding payment or establishing other conditions. Applies these requirements to medication for a domesticated household animal that consumers are not allowed to purchase without a prescription. Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act.

Fairness to Pet Owners Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Through Environmental Safeguarding and Streamlining Act of 2010''. SEC. 2. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT PROGRAM. (a) Assumption of Responsibility.-- (1) Additional responsibility.--Section 327(a)(2)(B)(ii)(I) of title 23, United States Code, is amended to read as follows: ``(I) responsibility for any conformity determination (other than a conformity determination for an individual project) required under section 176 of the Clean Air Act (42 U.S.C. 7506); or''. (2) Highway projects involving more than one dot modal administration.--Section 327(a)(2) of such title is amended by adding at the end the following: ``(F) Highway projects involving more than one dot modal administration.-- ``(i) Treatment of projects.--For purposes of subparagraph (A), a project shall be treated as a `highway project' if the Secretary determines that the Federal Highway Administration is the lead agency for the project. ``(ii) Assignment of authorities.--In the case of a highway project that involves the Federal Highway Administration and another modal administration of the Department of Transportation, the authorities of the Secretary that may be assigned to a State under this subsection shall include the authorities of the Secretary that relate to the Federal Highway Administration and the other modal administration.''. (b) State Participation.-- (1) Number of participating states.--Section 327(b)(1) of such title is amended-- (A) in the paragraph heading by striking ``Number of Participating States'' and inserting ``In General''; and (B) by striking ``not more than 5'' and all that follows through ``Texas)'' and inserting ``any State that meets the selection criteria contained in paragraph (4)''. (2) Written agreement.--Section 327(c) of such title is amended to read as follows: ``(c) Written Agreement.-- ``(1) In general.--A written agreement under this section shall-- ``(A) be executed by the Governor or the top- ranking transportation official in the State who is charged with responsibility for highway construction; ``(B) be in such form as the Secretary may prescribe; ``(C) provide that the State-- ``(i) agrees to assume all or part of the responsibilities of the Secretary described in subsection (a); ``(ii) agrees to carry out those responsibilities using the best available science; ``(iii) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary assumed by the State; ``(iv) certifies that State laws (including regulations) are in effect that-- ``(I) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and ``(II) are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and ``(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed. ``(2) Excluded projects.--A written agreement with a State under this section may include a list of projects in the State that are excluded from the program. The list shall be updated annually by mutual agreement between the Secretary and the State. ``(3) Term.--A written agreement with a State under this section shall-- ``(A) have a term of not more than 5 years; and ``(B) be renewable. ``(4) Use of project delivery methods.--A written agreement with a State under this section may not impose on the State a limitation on the use of a project delivery method if the limitation would not otherwise apply to the State under this title or another provision of law. In this paragraph, the term `project delivery method' includes the authority of a State to acquire rights-of-way and conduct final design work for a project with State funds on an at-risk basis prior to completion of the environmental review process for the project.''. (3) Audits and monitoring.--Section 327(g) of such title is amended-- (A) in the subsection heading by inserting ``and Monitoring'' after ``Audits''; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: ``(2) Monitoring.--If a State has been participating in the program pursuant to a written agreement under subsection (c) for a period of 10 consecutive years, the Secretary may monitor compliance by the State with the agreement instead of conducting audits under paragraph (1). If a State, while participating in the monitoring program under this section, repeatedly fails to comply with all aspects of the written agreement under subsection (c), the Secretary shall commence the auditing process. The Secretary shall develop procedures for conducting monitoring under this paragraph.''; and (D) in paragraph (3) (as redesignated by subparagraph (B) of this paragraph) by inserting after ``paragraph (1)'' the following: ``, and the results of monitoring conducted under paragraph (2),''. (c) Report to Congress.--Section 327(h) of such title is amended to read as follows: ``(h) Report to Congress.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Jobs Through Environmental Safeguarding and Streamlining Act of 2010, and every 4 years thereafter, the Secretary shall submit to Congress, and make available to the public, a report on the results of the program. ``(2) Contents.--For each reporting period, the report shall contain, at a minimum, the following: ``(A) An assessment of whether delays were reduced and project delivery was enhanced as a result of the program. ``(B) An assessment of whether there were cost savings for States participating in the program and the Department of Transportation as a result of the program. ``(C) An assessment of whether environmental concerns were protected and considered in States participating in the program at a level consistent with nonparticipating States. ``(D) Recommendations for changes (if any) that could be made to enhance or improve the program. ``(E) An assessment of the impact and effectiveness of an environmental document quality control program of the transportation department of any State participating in the program.''. (d) Termination Date.--Section 327(i)(1) of such title is amended by striking ``date of enactment of this section'' and inserting ``date of enactment of the Jobs Through Environmental Safeguarding and Streamlining Act of 2010''. (e) Demonstration Program.--Section 327 of such title is amended by adding at the end the following: ``(j) Use of State Environmental Review Laws for Low Impact Projects.-- ``(1) Demonstration program.--Subject to the requirements of this subsection, the Secretary shall carry out a demonstration program to permit eligible States that assume responsibilities of the Secretary under subsection (a)(2) to carry out the responsibilities through the implementation of the environmental laws of the State instead of Federal environmental laws. ``(2) Limitation on state authority.-- ``(A) Limitation.--The authority of a State under the demonstration program shall be limited to conducting the Secretary's responsibilities for environmental reviews, consultation, and other requirements with respect to low impact projects. ``(B) Low impact project defined.--In this subsection, the term `low impact project' means a highway project that meets such criteria as may be established by the Secretary by regulation. ``(3) Eligible states.--The Secretary may permit a State to participate in the demonstration program only if the Secretary determines, after reviewing the environmental laws of the State, and such other materials as the Secretary may require, that-- ``(A) the environmental laws of the State provide a substantially equivalent level of environmental protection as applicable Federal laws; and ``(B) participation by the State in the demonstration program will not diminish protection of the environment. ``(4) Concurrence of other agencies.--The Secretary may permit a State to participate in the demonstration program only with the concurrence of the Council on Environmental Quality, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Secretary of Commerce, and the heads of other appropriate Federal environmental and natural resource agencies, as identified by the Secretary. ``(5) Audits and monitoring.--A State participating in the demonstration program shall continue to be subject to the requirements of subsection (g), including requirements relating to the public availability of audits and monitoring results. ``(6) Modification of written agreement.--The Secretary shall provide for the participation of a State in the demonstration program by modifying the written agreement entered into by the Secretary with the State under subsection (c). ``(7) Termination of state participation.--The Secretary may terminate the participation of a State in the demonstration program in accordance with the procedures specified in subsection (i)(2). ``(8) Report to congress.-- ``(A) In general.--Not later than one year after the date on which the first State is selected for participation in the demonstration program, and annually thereafter, the Secretary shall submit to Congress, and make available to the public, a report on the results of the demonstration program. ``(B) Contents.--For each reporting period, the report shall contain, at a minimum, the following: ``(i) A list identifying how many projects have been completed under the demonstration program. ``(ii) An assessment of whether delays were reduced and project delivery was enhanced as a result of the demonstration program. ``(iii) An assessment of whether there have been any adverse impacts or risks to the environment as a result of the demonstration program. ``(9) Sunset date.--The demonstration program shall terminate on the date that is 6 years after the date of enactment of this subsection.''.

Jobs Through Environmental Safeguarding and Streamlining Act of 2010 - Modifies the prohibition, under the surface transportation project delivery pilot program, against assignment to a state of the responsibility of the Secretary of Transportation (DOT) for any conformity determination under the Clean Air Act with regard to highway projects in the state. Allows the Secretary to assign a state that responsibility for an individual project. Treats any project as a highway project if the Federal Highway Administration (FHWA) is the lead agency for it. Allows the Secretary to assign a state authorities relating to the FHWA and another DOT modal administration with regard to any highway project involving such agencies. Eliminates the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by any state meeting the selection criteria. Revises requirements for the written agreement under the pilot program between the Secretary and a state governor to include agreement to carry out the Secretary's assigned responsibilities using the best available science. Limits such an agreement to a five-year renewable term. Allows the agreement to list projects excluded from the program. Prohibits the agreement from imposing on the state a limitation on the use of a project delivery method, if the limitation would not otherwise apply to the state. Treats as a project delivery method state authority to acquire rights-of-way and conduct final design work for a project with state funds on an at-risk basis before completion of the project's environmental review process. Authorizes the Secretary to monitor state compliance with an agreement, instead of conducting an audit, if the state has been participating in the program pursuant to the agreement for ten consecutive years. Requires the Secretary to commence the auditing process, however, if a state, while participating in the monitoring program, repeatedly fails to comply with all aspects of the agreement.

To amend title 23, United States Code, to reauthorize and modify the surface transportation project delivery pilot program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haiti Economic Recovery Opportunity Act of 2002''. SEC. 2. TRADE BENEFITS TO HAITI. (a) In General.--The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) is amended by inserting after section 213 the following new section: ``SEC. 213A. SPECIAL RULE FOR HAITI. ``(a) In General.--In addition to any other preferential treatment under this Act, in each 12-month period beginning on October 1, 2002, apparel articles described in subsection (b) that are imported directly into the customs territory of the United States from Haiti shall enter the United States free of duty, subject to the limitations described in subsections (b) and (c), if Haiti has satisfied the requirements set forth in subsection (d). ``(b) Apparel Articles Described.--Apparel articles described in this subsection are apparel articles that are wholly assembled or knit- to-shape in Haiti exclusively from any combination of fabrics, fabric components, components knit-to-shape, and yarns formed in one or more of the following countries: ``(1) The United States. ``(2) Any country that is party to a free trade agreement with the United States, on January 1, 2002. ``(3) Any country that enters into a free trade agreement with the United States subject to the provisions of title XXI of the Trade Act of 2002 (Public Law 107-210). ``(4) Any country designated as a beneficiary country under-- ``(A) section 213(b)(5)(B) of this Act; ``(B) section 506A(a)(1) of the Trade Act of 1974 (19 U.S.C. 2466a(a)(1)); or ``(C) section 204(b)(6)(B) of the Andean Trade Preference Act (19 U.S.C. 3203(b)(6)(B)). ``(5) Any country, if the fabrics or yarns are designated as not being commercially available in the United States for the purposes of NAFTA (Annex 401), the Caribbean Basin Trade Partnership Act, the African Opportunity and Growth Act, or the Andean Trade Promotion and Drug Eradication Act. ``(c) Preferential Treatment.--The preferential treatment described in subsection (a), shall be extended-- ``(1) during the 12-month period beginning on October 1, 2002, to a quantity of apparel articles that is equal to 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during the 12- month period beginning October 1, 2001; and ``(2) during the 12-month period beginning on October 1 of each succeeding year, to a quantity of apparel articles that is equal to the product of-- ``(A) the percentage applicable during the previous 12-month period plus 0.5 percent (but not over 3.5 percent); and ``(B) the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period that ends on September 30 of that year. ``(d) Eligibility Requirements.--Haiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti-- ``(1) has established, or is making continual progress toward establishing-- ``(A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; ``(B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; ``(C) the elimination of barriers to United States trade and investment, including by-- ``(i) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment; ``(ii) the protection of intellectual property; and ``(iii) the resolution of bilateral trade and investment disputes; ``(D) economic policies to 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 microcredit or other programs; ``(E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and ``(F) 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 with respect to minimum wages, hours of work, and occupational safety and health; ``(2) does not engage in activities that undermine United States national security or foreign policy interests; and ``(3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities.''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 1, 2002. (2) Retroactive application to certain entries.-- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry or withdrawal from warehouse for consumption, of any goods described in the amendment made by subsection (a)-- (A) that was made on or after October 1, 2002, and before the date of the enactment of this Act, and (B) with respect to which there would have been no duty if the amendment made by subsection (a) applied to such entry or withdrawal, shall be liquidated or reliquidated as though such amendment applied to such entry or withdrawal.

Haiti Economic Recovery Opportunity Act of 2002 - Amends the Caribbean Basin Economic Recovery Act to allow specified apparel articles that are imported directly into the customs territory of the United States from Haiti to enter free of duty if Haiti has satisfied the requirements of this Act.Declares that such articles include apparel articles that are wholly assembled or knit-to-shape in Haiti exclusively from fabric components and yarns formed in: (1) the United States; (2) a country that is party to a free trade agreement with the United States on January 1, 2002, that enters into a free trade agreement with the United States subject to trade promotion authority, or that has been designated as a beneficiary country; and (4) any country if the fabrics or yarns are designated as not being commercially available in the United States.Specifies the quantity of articles to which such preferential treatment shall extend.Declares that Haiti shall be eligible for such preferential treatment if the President determines and certifies to Congress that Haiti has met specified conditions, including: (1) establishing or making progress toward establishing a market-based economy that protects private property rights, the rule of law, the elimination of barriers to U.S. trade and investment, economic policies to reduce poverty, a system to combat corruption and bribery, and protection of internationally recognized worker rights; (2) not engaging in activities that undermine U.S. national security or foreign policy interests or gross violations of internationally recognized human rights; (3) not providing support for international terrorism; and (4) cooperating in international efforts to eliminate human rights violations and terrorist activities.

To expand certain preferential trade treatment for Haiti.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Money Laundering and Paycheck Accountability Act''. SEC. 2. BAN ON NON-FEDERAL FUNDS OF POLITICAL PARTIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``ban on use non-federal funds of political parties ``Sec. 323. (a) Ban Described.-- ``(1) In general.--Except as otherwise provided in this section, no funds may be solicited, contributed, or expended by any political party committee for purposes of any activity influencing an election for Federal office (without regard to whether the activity involved also influences any other election) unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Examples of activities covered.--For purposes of paragraph (1), the following activities shall be considered to be examples of activities influencing an election for Federal office: ``(A) Voter registration. ``(B) Absentee ballot programs. ``(C) Get-out-the-vote programs. ``(D) Generic campaign activity. ``(E) The making or disseminating of any communication which identifies (by name, likeness, or representation) any candidate for election for Federal office. ``(b) Funds Available for Party Communications With Members.-- ``(1) In general.--Subsection (a) shall not apply with respect to funds solicited, contributed, or expended by a political party committee for communications to the extent the communications are made to members of the party, except that funds used for any communications which are both for the purpose of expressly advocating the election or defeat of a specific candidate for election to Federal office and for any other purpose shall be allocated among the candidates involved on the basis of the time and space allocated to the candidates. ``(2) Party members described.--For purposes of paragraph (1), an individual shall be considered to be a `member' of a political party if any of the following apply: ``(A) The individual is registered to vote as a member of the party. ``(B) There is a public record that the individual voted in the primary of the party during the most recent primary election. ``(C) The individual has made a contribution to the party and the contribution has been reported to the Commission (in accordance with this Act) or to a State reporting agency. ``(D) The individual has indicated in writing that the individual is a member of the party. ``(c) Funds Available for State and Local Party Volunteer and Grassroots Activities.-- ``(1) In general.--Subsection (a) shall not apply with respect to funds solicited, contributed, or expended by a political party committee for activities described in paragraph (2), except that any payments which are both for the purpose of expressly advocating the election or defeat of a specific candidate for election to Federal office and for any other purpose shall be allocated among the candidates involved on the basis of the time and space allocated to the candidates for such activities. ``(2) Activities described.--The activities described in this paragraph are as follows: ``(A) The listing of the slate of the party's candidates, including the communication of the slate to the public. ``(B) The mailing of materials for or on behalf of specific candidates by volunteers (including labeling envelopes or affixing postage or other indicia to particular pieces of mail), other than the mailing of materials to a commercial list. ``(C) Conducting a telephone bank for or on behalf of specific candidates staffed by volunteers. ``(D) The distribution of collateral materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) for or on behalf of specific candidates (whether by volunteers or otherwise). ``(d) Limit on Amount Contributed for Exempted Party-Building Activities.--No person may make contributions to a political party committee for activities described in subsection (b) or subsection (c) with respect to an election in an aggregate amount in excess of $25,000. Any amounts contributed by an individual for such activities shall be included in determining whether the individual has made contributions in excess of the aggregate annual limit on contributions provided in section 315(a)(3). ``(e) Political Party Committee Defined.--For purposes of this section, the term `political party committee' means a political committee which is a national, State, district, or local political party committee (including any subordinate committee thereof).''. SEC. 3. REQUIRING ANNUAL WRITTEN AUTHORIZATION FOR USE OF PAYROLL DEDUCTIONS FOR POLITICAL ACTIVITIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 2, is further amended by adding at the end the following new section: ``requiring annual written authorization for use of payroll deductions for political activities ``Sec. 324. (a) Requirements for Authorization of Deduction.-- ``(1) In general.--No amounts withheld from an individual's wages or salary during a year may be used by any person receiving the withheld amounts for any political activity unless there is in effect an authorization in writing by the individual permitting the withholding of such amounts for such activities. ``(2) Period of authorization.--An authorization described in this subsection may be in effect with respect to an individual for such period as the individual may specify (subject to cancellation under paragraph (3)), except that the period may not be longer than 12 months. ``(3) Right of cancellation.--An individual with an authorization in effect under this subsection may cancel or revise the authorization at any time, and any such cancellation or revision shall apply to amounts used after the date of the cancellation or revision. ``(4) Political activity defined.--In this section, the term `political activity' means-- ``(A) attempting to influence legislation; ``(B) participating or intervening in (including the publishing or distributing of statements) any political campaign on behalf of (or in opposition to) any candidate for public office; or ``(C) influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any Federal, State, or local public office or to any office in a political party, committee, association or fund. ``(b) Information Provided by Withholding Entity.-- ``(1) In general.--Each entity withholding wages or salary from an individual with an authorization in effect under subsection (a) shall provide the individual with a statement that the individual may at any time cancel or revise the authorization in accordance with subsection (a)(3). ``(2) Timing of notice.--The entity shall provide the information described in paragraph (1) to an individual at the beginning of each calendar year occurring during the period in which the individual's authorization is in effect.''. SEC. 4. PROHIBITION OF LEADERSHIP COMMITTEES. (a) Leadership Committee Prohibition.--Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C. 432) is amended by adding at the end the following new subsection: ``(j) A candidate for Federal office or an individual holding Federal office may not establish, maintain, finance, or control a political committee, other than a principal campaign committee of the candidate or the individual.''. (b) Conforming Amendment Relating to Joint Fundraising.--Section 302(e)(3)(A) of such Act (2 U.S.C. 432(e)(3)) is amended by striking ``except that--'' and all that follows and inserting the following: ``except that the candidate for the office of President nominated by a political party may designate the national committee of such political party as a principal campaign committee, but only if that national committee maintains separate books of account with respect to its function as a principal campaign committee.''. (c) Effective Date; Transition Rule.-- (1) In general.--The amendments made by this section shall apply with respect to elections occurring in years beginning with 1999. (2) Transition rule.-- (A) In general.--Notwithstanding section 302(j) of the Federal Election Campaign Act of 1971 (as added by subsection (a)), if a political committee established, maintained, financed, or controlled by a candidate for Federal office or an individual holding Federal office (other than a principal campaign committee of the candidate or individual) with respect to an election occurring during 1998 has funds remaining unexpended after the 1998 general election, the committee may make contributions or expenditures of such funds with respect to elections occurring during 1999 or 2000. (B) Disbanding committees; treatment of remaining funds.--Any political committee described in subparagraph (A) shall be disbanded after filing any post-election reports required under section 304 of the Federal Election Campaign Act of 1971 with respect to the 2000 general election. Any funds of such a committee which remain unexpended after the 2000 general election and before the date on which the committee disbands shall be returned to contributors or available for any lawful purpose other than use by the candidate or individual involved with respect to an election for Federal office. SEC. 5. REQUIRING REPORTING WITHIN 24 HOURS OF ALL CONTRIBUTIONS RECEIVED WITHIN 20 DAYS OF ELECTION. (a) In General.--Section 304(a)(6)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(6)(A)) 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 20th 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 and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution.''. (b) Availability of Information on Internet.--Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is amended by adding at the end the following new subparagraph: ``(C)(i) The Commission shall make the information contained in the reports submitted under this paragraph 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. ``(ii) In this subparagraph, the term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. SEC. 6. EFFECTIVE DATE. Except where otherwise provided, the amendments made by this Act shall apply with respect to elections occurring after December 1998.

Anti-Money Laundering and Paycheck Accountability Act - Amends the Federal Election Campaign Act of 1971 (FECA) to: (1) ban the use of non-Federal funds by political parties for specified activities, unless the funds are subject to FECA (with exceptions); and (2) limit the amount a person may contribute to a political party for excepted party-building activities. Requires annual written authorization permitting the withholding of an individual's wages or salary to be used by any person receiving the withheld amounts for political activities. Prohibits a candidate for Federal office or a Federal officeholder from establishing, maintaining, financing, or controlling a leadership committee. Revises requirements for notification by the candidate's principal campaign committee of large contributions to require each political committee to report within 24 hours all contributions received by the committee within 20 days of an election. Directs the Federal Election Commission to make the information contained in the reports submitted available on the Internet and publicly available at Commission offices within 24 hours after the information is received by the Commission.

Anti-Money Laundering and Paycheck Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Commission to Study the Culture and Glorification of Violence in America Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Violence in the United States may be fueled by interrelated factors such as the media, psychological stress, the role of the school system, gun regulations, and economic characteristics. (2) According to the Department of Justice, there were as many as 1,823,400 serious violent crimes and 419,640 firearm- related incidents in 2005. (3) Teens and young adults experience the highest rates of violent crime. (4) In 2005, approximately 28 percent of public and private school students ages 12-18 reported that they had been bullied at school within the previous 6 months. (5) According to the Department of Justice, the incarceration rate has continuously increased since the 1980s, and prisoners convicted of a violent offense make up over half of the national prison population. (6) According to the Department of Justice, the Federal Government spent $35,400,000,000 on criminal justice in 2005, while local governments spent $103,700,000,000. (7) According to several studies from the American Journal of Economics and Sociology, economic frustration motivates criminal behaviors and inhibits communal deterrence capacities. (8) According to the Department of Labor, the number of unemployed persons has increased from 7,000,000 in June 2007 to 8,500,000 in June 2008. Unemployed workers are more likely to be teenagers, young adults, and African Americans. (9) According to a study from the American Academy of Pediatrics (AAP), prolonged exposure to violence in the media can increase acceptance of violence as an appropriate means of solving problems, can glamorize weapons as sources of personal power, and can contribute to aggressive behavior. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the Presidential Commission to Study the Culture and Glorification of Violence in America (hereinafter the ``Commission''). SEC. 4. DUTIES OF COMMISSION. The Commission shall-- (1) examine the glorification of violence in the United States; (2) examine the relationship between psychological factors and increased violence; (3) examine the role of the media in the violent atmosphere prevalent today; (4) examine the correlation, if any, between economic frustration and increased violence; (5) examine the correlation, if any, between ease of access to firearms and increased violence; (6) examine the role of the school system in preventing violent behaviors and identifying potential perpetrators of violence; and (7) make findings and conclusions and recommend potential solutions (including recommendations for legislation and administrative action) to alleviate the problems related to the glorification of violence in the United States. SEC. 5. MEMBERSHIP OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of 16 members (hereinafter the ``members'') who shall be appointed as follows: (1) 8 members appointed by the President. (2) 2 members appointed by the majority leader of the House of Representatives. (3) 2 members appointed by the minority leader of the House of Representatives. (4) 2 members appointed by the majority leader of the Senate. (5) 2 members appointed by the minority leader of the Senate. (b) Qualifications.-- (1) In general.--Members shall have special knowledge of or experience in the issue of violence in America, and may include sociologists, psychologists, clergy, school counselors, law enforcement officials, victims of violence, and representatives from the media and the entertainment and gun industries. (2) Political affiliation.--Political affiliation shall not be a determining factor in the appointment of members. (c) Deadline for Appointment.--Every original member shall be appointed to the Commission not later than 90 days after the date of the enactment of this Act. (d) Terms and Vacancies.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay.--Members shall not be paid by reason of their service as members. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (g) Quorum.--Eight members shall constitute a quorum for conducting the business of the Commission, but a lesser number may hold hearings. (h) Chairperson.--The members shall elect one member to act as the Chairperson of the Commission (hereinafter the ``Chairperson''). (i) Meetings.--The Commission shall meet at the call of the Chairperson. SEC. 6. STAFF OF COMMISSION. (a) Staff.--The Chairperson may appoint and fix the pay of the Commission personnel as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of the department or agency to assist the Commission in carrying out the duties of the Commission. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate to carry out this Act. (b) Powers of Members and Agents.--The Commission may delegate to a member or agency any authority of the Commission under subsection (c) or (e). (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this Act. Upon request of the Chairperson, the head of the department or agency shall furnish the information to the Commission. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties. (e) Contract Authority.--The Commission may contract with and compensate Government or private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 8. REPORT OF COMMISSION. The Commission shall transmit a report to the President and the Congress not later than one year after the date that all original members have been appointed to the Commission. The report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission. SEC. 9. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after submitting the report required by section 7. SEC. 10. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriations Acts.

Presidential Commission to Study the Culture and Glorification of Violence in America Act - Establishes the Presidential Commission to Study the Culture and Glorification of Violence in America. Sets forth the duties of such Commission, including an examination of: (1) the glorification of violence in the United States; (2) the relationship between psychological factors and increased violence; (3) the role of media; (4) the correlation between economic frustration and increased violence; (5) the correlation between ease of access to firearms and increased violence; and (6) the role of the schools in preventing violent behaviors and identifying potential perpetrators of violence.

To establish a commission to study the culture and glorification of violence in America.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Psychiatric Hospital Prospective Payment System Act of 1999''. SEC. 2. MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC FACILITIES. (a) Establishment of Prospective Payment System.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following: ``(l) Prospective Payment System for Inpatient Psychiatric Services.-- ``(1) Amount of payment.-- ``(A) During transition period.--Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility (as defined in paragraph (7)(C)) for each day of services furnished in a cost reporting period beginning on or after October 1, 2000, and before October 1, 2003, is equal to the sum of-- ``(i) the TEFRA percentage (as defined in paragraph (7)(D)) of the facility-specific per diem rate (determined under paragraph (2)); and ``(ii) the PPS percentage (as defined in paragraph (7)(B)) of the applicable Federal per diem rate (determined under paragraph (3)). ``(B) Under fully implemented system.-- Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility for each day of services furnished in a cost reporting period beginning on or after October 1, 2003, is equal to the applicable Federal per diem rate determined under paragraph (3) for the facility for the fiscal year in which the day of services occurs. ``(C) New facilities.--In the case of a psychiatric facility that does not have a base fiscal year (as defined in paragraph (7)(A)), payment for the operating and capital-related costs of inpatient hospital services shall be made under this subsection using the applicable Federal per diem rate. ``(2) Determination of facility-specific per diem rates.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period after the cost reporting period beginning in the base fiscal year and before October 1, 2003, by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(3) Determination of federal per diem rate.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating to first fiscal year.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period up to the first cost reporting period to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(C) Computation of standardized per diem rate.-- The Secretary shall standardize the amount determined under subparagraph (B) for each facility by-- ``(i) adjusting for variations among facilities by area in the average facility wage level per diem; and ``(ii) adjusting for variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)). ``(D) Computation of weighted average per diem rates.-- ``(i) Separate rates for urban and rural areas.--Based on the standardized amounts determined under subparagraph (C) for each facility, the Secretary shall compute a separate weighted average per diem rate-- ``(I) for all psychiatric facilities located in an urban area (as defined in subsection (d)(2)(D)); and ``(II) for all psychiatric facilities located in a rural area (as defined in subsection (d)(2)(D)). ``(ii) For hospitals and units.--In the areas referred to in clause (i), the Secretary may compute a separate weighted average per diem rate for-- ``(I) psychiatric hospitals; and ``(II) psychiatric units described in the matter following clause (v) of subsection (d)(1)(B). If the Secretary establishes separate average weighted per diem rates under this clause, the Secretary shall also establish separate average per diem rates for psychiatric facilities in such categories that are owned and operated by an agency or instrumentality of Federal, State, or local government and for psychiatric facilities other than such facilities. ``(iii) Weighted average.--In computing the weighted averages under clauses (i) and (ii), the standardized per diem amount for each facility shall be weighted for each facility by the number of days of inpatient hospital services furnished during its cost reporting period beginning in the base fiscal year. ``(E) Updating.--The weighted average per diem rates determined under subparagraph (D) shall be updated for each fiscal year after the first fiscal year to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(F) Determination of Federal per diem rate.-- ``(i) In general.--The Secretary shall compute for each psychiatric facility for each fiscal year (beginning with fiscal year 2001) a Federal per diem rate equal to the applicable weighted average per diem rate determined under subparagraph (E), adjusted for-- ``(I) variations among facilities by area in the average facility wage level per diem; ``(II) variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)); and ``(III) variations among facilities in the proportion of low-income patients served by the facility. ``(ii) Other adjustments.--In computing Federal per diem rates under this subparagraph, the Secretary may adjust for outlier cases, the indirect costs of medical education, and such other factors as the Secretary determines to be appropriate. ``(iii) Budget neutrality.--The adjustments specified in clauses (i)(I), (i)(III), and (ii) shall be implemented in a manner that does not result in aggregate payments under this subsection that are greater or less than those aggregate payments that otherwise would have been made if such adjustments did not apply. ``(4) Establishment of patient classification system.-- ``(A) In general.--The Secretary shall establish-- ``(i) classes of patients of psychiatric facilities (in this paragraph referred to as `case mix groups'), based on such factors as the Secretary determines to be appropriate; and ``(ii) a method of classifying specific patients in psychiatric facilities within these groups. ``(B) Weighting factors.--For each case mix group, the Secretary shall assign an appropriate weighting factor that reflects the relative facility resources used with respect to patients classified within that group compared to patients classified within other such groups. ``(5) Data collection; utilization monitoring.-- ``(A) Data collection.--The Secretary may require psychiatric facilities to submit such data as is necessary to implement the system established under this subsection. ``(B) Utilization monitoring.--The Secretary shall monitor changes in the utilization of inpatient hospital services furnished by psychiatric facilities under the system established under this subsection and report to the appropriate committees of Congress on such changes, together with recommendations for legislation (if any) that is needed to address unwarranted changes in such utilization. ``(6) Special adjustments.--Notwithstanding the preceding provisions of this subsection, the Secretary shall reduce aggregate payment amounts that would otherwise be payable under this subsection for inpatient hospital services furnished by a psychiatric facility during cost reporting periods beginning in fiscal years 2001 and 2002 by such uniform percentage as is necessary to assure that payments under this subsection for such cost reporting periods are reduced by an amount that is equal to the sum of-- ``(A) the aggregate increase in payments under this title during fiscal years 1999 and 2000, that is attributable to the operation of subsection (b)(8); and ``(B) the aggregate increase in payments under this title during fiscal years 2001 and 2002 that is attributable to the application of the market basket percentage increase under paragraphs (2)(B) and (3)(E) of this subsection in lieu of the provisions of subclauses (VI) and (VII) of subsection (b)(3)(B)(ii). Reductions under this paragraph shall not affect computation of the amounts payable under this subsection for cost reporting periods beginning in fiscal years after fiscal year 2002. ``(7) Definitions.--For purposes of this subsection: ``(A) The term `base fiscal year' means, with respect to a hospital, the most recent fiscal year ending before the date of enactment of this subsection for which audited cost report data are available. ``(B) The term `PPS percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 25 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 75 percent. ``(C) The term `psychiatric facility' means-- ``(i) a psychiatric hospital; and ``(ii) a psychiatric unit described in the matter following clause (v) of subsection (d)(1)(B). ``(D) The term `TEFRA percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 75 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 25 percent.''. (b) Limit on Reductions Under Balanced Budget Act.--Section 1886(b) of the Social Security Act (42 U.S.C. 1395ww(b)) is amended by adding at the end the following: ``(8) Notwithstanding the amendments made by sections 4411, 4414, 4415, and 4416 of the Balanced Budget Act of 1997, in the case of a psychiatric facility (as described in subsection (l)(7(C)(ii)), the amount of payment for the operating costs of inpatient hospital services for cost reporting periods beginning on or after October 1, 1998, and before October 1, 2000, shall not be less than 95 percent of the amount that would have been paid for such costs if such amendments did not apply. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply as if included in the enactment of the Balanced Budget Act of 1997.

Provides that the amendments made by this Act shall apply as if included in the enactment of BBA '97.

Medicare Psychiatric Hospital Prospective Payment System Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Safety Lock Act of 2003''. SEC. 2. FINDINGS. The Congress finds that-- (1) according to statistics from the Centers for Disease Control, more than 5,000 innocent children have lost their lives due to unintentional deaths related to firearms; (2) between 1983 and 1994, 5,523 males ranging in ages from 1 to 19, were killed by the unintentional discharge of a firearm; (3) a Federal study found that ignorance and carelessness are the major causes of firearms accidents; (4) 84 percent of firearms accidents involved people who did not follow basic safety rules; and (5) to help reduce the number of firearms accidents, it is critical to practice and enforce firearms safety rules. TITLE I--CRIMINAL PROVISIONS SEC. 101. HANDGUN SAFETY. (a) Definition of Locking Device.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) The term `locking device' means-- ``(A) a device which, if installed on a firearm and secured by means of a key or a mechanically, electronically, or electromechanically operated combination lock, prevents the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically, or electromechanically operated combination lock; or ``(B) a locking mechanism incorporated into the design of a firearm which prevents discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism and thereby allow discharge of the firearm.''. (b) Unlawful Acts.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) Locking Devices and Warnings.-- ``(1) In general.--Except as provided in paragraph (2), beginning 90 days after the date of the enactment of this subsection, it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer a handgun to any person, unless-- ``(A) the transferee is provided with a locking device for that handgun; and ``(B) the handgun is accompanied by the following warning, which shall appear in conspicuous and legible type in capital letters, and which shall be printed on a label affixed to the handgun and on a separate sheet of paper included in the packaging enclosing the handgun: ```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. HANDGUNS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN. `FAILURE TO PROPERLY LOCK AND STORE YOUR HANDGUN MAY RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW. FEDERAL LAW PROHIBITS THE POSSESSION OF A HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.'. ``(2) Exceptions.--Paragraph (1) shall not apply to the sale, delivery, or transfer of a handgun to-- ``(A) the United States or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State; ``(B) a law enforcement officer (whether on or off- duty) who is employed by an entity referred to in subparagraph (A), for law enforcement purposes; or ``(C) a rail police officer (whether on or off- duty) who is employed by a rail carrier and is certified or commissioned as a police officer under the laws of a State, for law enforcement purposes.''. (c) Civil Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``this subsection, subsection (b) or (c) of this section,'' and inserting ``this section''; and (2) by adding at the end the following: ``(p) Penalties Relating to Locking Devices and Warnings.-- ``(1) In general.-- ``(A) Suspension or revocation of license; civil penalties.--With respect to each violation of section 922(z)(1) by a licensee, the Attorney General may, after notice and opportunity for hearing-- ``(i) suspend or revoke any license issued to the licensee under this chapter; or ``(ii) impose a civil penalty on the licensee in an amount that is not more than $10,000. ``(B) Review.--An action of the Attorney General under this paragraph may be reviewed only as provided in section 923(f). ``(2) Administrative remedies.--The taking of an action under paragraph (1) with respect to conduct of a licensee shall not affect the availability of any other administrative authority with respect to the conduct.''. TITLE II--REGULATORY PROVISIONS SEC. 201. REGULATION OF TRIGGER LOCK DEVICES. (a) General Authority.--The Attorney General shall prescribe such regulations governing the design, manufacture, and performance of trigger lock devices, as are necessary to reduce or prevent the unintentional discharge of handguns. (b) Minimum Safety Standard.--The regulations required by subsection (a) shall, at a minimum, set forth a minimum safety standard that trigger lock devices must meet in order to be manufactured, sold, transferred, or delivered consistent with this title. In developing the standard, the Attorney General shall give appropriate consideration to trigger lock devices that are not detachable, but are permanently installed and incorporated into the design of a handgun. The standard shall include provisions to ensure that any trigger lock device that meets the standard is of adequate quality and construction to prevent children who have not attained 18 years of age from operating a handgun, and to ensure that such a product cannot be removed from a handgun except through the use of a key, combination, or other method of access provided in the design specifications of the manufacturer of the device. (c) Deadline for Issuance of Standard.--Within 12 months after the date of the enactment of this title, the Attorney General shall issue in final form the standard required by subsection (b). (d) Effective Date of Standard.--The standard issued under subsection (b) shall take effect 6 months after the date of issuance. SEC. 202. ORDERS; INSPECTIONS. (a) In General.--The Attorney General may issue an order prohibiting the manufacture, sale, transfer, or delivery of a trigger lock device which the Attorney General finds has been designed, or has been or is intended to be manufactured, transferred, or distributed in violation of this title or a regulation prescribed under this title. (b) Authority To Require the Recall, Repair, or Replacement of, or the Provision of Refunds.--The Attorney General may issue an order requiring the manufacturer of, and any dealer in, a trigger lock device which the Attorney General finds has been designed, manufactured, transferred, or delivered in violation of this title or a regulation prescribed under this title, to-- (1) provide notice of the risks associated with the device, and of how to avoid or reduce the risks, to-- (A) the public; (B) in the case of the manufacturer of the device, each dealer in the device; and (C) in the case of a dealer in the device, the manufacturer of the device and the other persons known to the dealer as dealers in the device; (2) bring the device into conformity with the regulations prescribed under this title; (3) repair the device; (4) replace the device with a like or equivalent device which is in compliance with such regulations; (5) refund the purchase price of the device, or, if the device is more than 1 year old, a lesser amount based on the value of the device after reasonable use; (6) recall the device from the stream of commerce; or (7) submit to the Attorney General a satisfactory plan for implementation of any action required under this subsection. (c) Inspections.--In order to ascertain compliance with this title and the regulations and orders issued under this title, the Attorney General may, at reasonable times-- (1) enter any place in which trigger lock devices are manufactured, stored, or held, for distribution in commerce, and inspect those areas where the devices are manufactured, stored, or held; and (2) enter and inspect any conveyance being used to transport for commercial purposes a trigger lock device. SEC. 203. ENFORCEMENT. (a) Civil Penalties.--The Attorney General may assess a civil money penalty not to exceed $10,000 for each violation of this title. (b) Revocation of Federal Firearms License.--Section 923(e) of title 18, United States Code, is amended by inserting after the 2nd sentence the following: ``The Attorney General may, after notice and opportunity for hearing, revoke any license issued under this section if the holder of the license violates any provision of title II of the Child Safety Lock and Community Protection Act of 2003 or any rule or regulation prescribed under such title.''. (c) Criminal Penalties.--Any person who has received from the Attorney General a notice that the person has violated a provision of this title or of a regulation prescribed under this title with respect to a trigger lock device, and who subsequently knowingly violates such provision with respect to the device shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. SEC. 204. NO EFFECT ON STATE LAW. This title does not annul, alter, impair, or affect, or exempt any person subject to the provisions of this title from complying with, any provision of the law of any State or any political subdivision thereof, except to the extent that such provisions of State law are inconsistent with any provision of this title, and then only to the extent of the inconsistency. A provision of State law is not inconsistent with this title if such provision affords greater protection in respect of trigger lock devices than is afforded by this title. SEC. 205. DEFINITIONS. In this title: (1) The term ``trigger lock device'' means any device that is designed, manufactured, or represented in commerce, as a means of preventing the unintentional discharge of a handgun. (2) The terms ``licensed importer'', ``licensed manufacturer'', ``licensed dealer'', ``Attorney General'', and ``handgun'' have the meanings given in paragraphs (9), (10), (11), (18), and (29), respectively, of section 921(a) of title 18, United States Code. TITLE III--EDUCATION PROVISIONS SEC. 301. PORTION OF FIREARMS TAX REVENUE TO BE USED FOR PUBLIC EDUCATION ON SAFE STORAGE OF FIREARMS. (a) In General.--Notwithstanding any other provision of law, an amount equal to 2 percent of the net revenues received in the Treasury from the tax imposed by section 4181 of the Internal Revenue Code of 1986 (relating to firearms) for each of the first 5 fiscal years beginning after the date of the enactment of this Act shall be available, as provided in appropriation Acts, to the Secretary of the Treasury to carry out public education programs on the safe storage and use of firearms. Amounts otherwise transferred or made available for any other purpose by reason of such tax shall be reduced by the amounts made available to such Secretary under the preceding sentence. (b) Net Revenues.--For purposes of subsection (a), the term ``net revenues'' means, with respect to the tax imposed by such section 4181, the amount estimated by the Secretary of the Treasury based on the excess of-- (1) the taxes received in the Treasury under such section, over (2) the decrease in the tax imposed by chapter 1 of such Code resulting from such tax.

Child Safety Lock Act of 2003 - Amends the Brady Handgun Violence Prevention Act to define a firearm "locking device." Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device and specified warnings to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement officers and governmental entities. Sets forth civil penalties, including suspension or loss of license, for related violations.Directs the Attorney General to: (1) prescribe such regulations governing the design, manufacture, and performance of trigger lock devices as are necessary to reduce or prevent the unintentional discharge of handguns, including setting a minimum safety standard to prevent children who have not attained age 18 from operating a handgun; and (2) in developing the standard, to consider such devices that are not detachable.Authorizes the Attorney General to issue an order prohibiting the manufacture, sale, transfer, or delivery of a trigger lock device which the Attorney General finds has been designed, manufactured, transferred, or distributed in violation of this Act. Grants the Attorney General specified authority regarding: (1) recall, repair, replacement, or refund with respect to such devices; and (2) inspections.Authorizes the Attorney General to: (1) assess a civil penalty of up to $10,000 per violation; and (2) revoke a Federal firearms license for a violation of this Act. Imposes criminal penalties for knowingly violating this Act.Directs that a portion of firearms tax revenue be used for public education programs on the safe storage and use of firearms.

To improve the safety of firearms.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Long-Term Care Patient Safety and Improvement Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of long-term care hospital. Sec. 3. Implementation of facility and patient criteria. Sec. 4. Establishment of rehabilitation units within certain long-term care hospitals. Sec. 5. Expanded review of medical necessity. Sec. 6. Limited, qualified moratorium of long-term care hospitals. Sec. 7. No application of 25 percent patient threshold payment adjustment to freestanding and grandfathered LTCHS. Sec. 8. Payment for hospitals-within-hospitals. Sec. 9. No application of very short-stay outlier policy. Sec. 10. No application of one time adjustment to standard amount. Sec. 11. Long-term care hospital quality improvement initiative. SEC. 2. DEFINITION OF LONG-TERM CARE HOSPITAL. (a) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Long-Term Care Hospital ``(ccc) The term `long-term care hospital' means an institution which-- ``(1) is primarily engaged in providing inpatient services, by or under the supervision of a physician, to Medicare beneficiaries whose medically complex conditions require a long hospital stay and programs of care provided by a long-term care hospital; ``(2) has an average inpatient length of stay (as determined by the Secretary) for Medicare beneficiaries of greater than 25 days, or as otherwise defined in section 1886(d)(1)(B)(iv); ``(3) satisfies the requirements of subsection (e); ``(4) meets the following facility criteria: ``(A) the institution has a patient review process, documented in the patient medical record, that screens patients prior to admission, validates within 48 hours of admission that patients meet admission criteria, regularly evaluates patients throughout their stay, and assesses the available discharge options when patients no longer meet the continued stay criteria; ``(B) the institution has active physician involvement with patients during their treatment through an organized medical staff, physician-directed treatment with physician on-site availability on a daily basis to review patient progress, and consulting physicians on call and capable of being at the patient's side within a moderate period of time, as determined by the Secretary; ``(C) the institution has interdisciplinary team treatment for patients, requiring interdisciplinary teams of health care professionals, including physicians, to prepare and carry out an individualized treatment plan for each patient; and ``(5) meets patient criteria relating to patient mix and severity appropriate to the medically complex cases that long- term care hospitals are designed to treat, as measured under section 1886(m).''. (b) New Patient Criteria for Long-Term Care Hospital Prospective Payment.--Section 1886 of such Act (42 U.S.C. 1395ww) is amended by adding at the end the following new subsection: ``(m) Patient Criteria for Prospective Payment to Long-Term Care Hospitals.-- ``(1) In general.--To be eligible for prospective payment under this section as a long-term care hospital, a long-term care hospital must admit not less than a majority of patients who have a high level of severity and who are assigned to one or more of the following major diagnostic categories: ``(A) Circulatory diagnoses. ``(B) Digestive, endocrine, and metabolic diagnoses. ``(C) Infection disease diagnoses. ``(D) Neurological diagnoses. ``(E) Renal diagnoses. ``(F) Respiratory diagnoses. ``(G) Skin diagnoses. ``(H) Other major diagnostic categories as selected by the Secretary. ``(2) Major diagnostic category defined.--In paragraph (1), the term `major diagnostic category' means the medical categories formed by dividing all possible principle diagnosis into mutually exclusive diagnosis areas which are referred to in 67 Federal Register 49,985 (August 1, 2002).''. (c) Establishment of Rehabilitation Units Within Certain Long-Term Care Hospitals.--If the Secretary of Health and Human Services does not include rehabilitation services within a major diagnostic category under section 1886(m)(2) of the Social Security Act, as added by subsection (b), the Secretary shall approve for purposes of title XVIII of such Act distinct part inpatient rehabilitation hospital units in long-term care hospitals consistent with the following: (1) A hospital that, on or before October 1, 2004, was classified by the Secretary as a long-term care hospital, as described in section 1886(d)(1)(B)(iv)(I) of such Act (42 U.S.C. 1395ww(d)(1)(V)(iv)(I)), and was accredited by the Commission on Accreditation of Rehabilitation Facilities, may establish a hospital rehabilitation unit that is a distinct part of the long-term care hospital, if the distinct part meets the requirements (including conditions of participation) that would otherwise apply to a distinct-part rehabilitation unit if the distinct part were established by a subsection (d) hospital in accordance with the matter following clause (v) of section 1886(d)(1)(B) of such Act, including any regulations adopted by the Secretary in accordance with this section, except that the one-year waiting period described in section 412.30(c) of title 42, Code of Federal Regulations, applicable to the conversion of hospital beds into a distinct-part rehabilitation unit shall not apply to such units. (2) Services provided in inpatient rehabilitation units established under paragraph (1) shall not be reimbursed as long-term care hospital services under section 1886 of such Act and shall be subject to payment policies established by the Secretary to reimburse services provided by inpatient hospital rehabilitation units. (d) Effective Date.--The amendments made by subsections (a) and (b), and subsection (c), shall apply to discharges occurring on or after January 1, 2008. SEC. 3. IMPLEMENTATION OF FACILITY AND PATIENT CRITERIA. (a) Report.--No later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall submit to the appropriate committees of Congress a report containing recommendations regarding the promulgation of the national long-term care hospital facility and patient criteria for application under paragraphs (4) and (5) of section 1861(ccc) and section 1886(m) of the Social Security Act, as added by section 2. In the report, the Secretary shall consider recommendations contained in a report to Congress by the Medicare Payment Advisory Commission in June 2004 for long-term care hospital- specific facility and patient criteria to ensure that patients admitted to long-term care hospitals are medically complex and appropriate to receive long-term care hospital services. (b) Implementation.--No later than 1 year after the date of submittal of the report under subsection (a), the Secretary shall, after rulemaking, implement the national long-term care hospital facility and patient criteria referred to in such subsection. Such long-term care hospital facility and patient criteria shall be used to screen patients in determining the medical necessity and appropriateness of a Medicare beneficiary's admission to, continued stay at, and discharge from, long-term care hospitals under the Medicare program and shall take into account the medical judgment of the patient's physician, as provided for under sections 1814(a)(3) and 1835(a)(2)(B) of the Social Security Act (42 U.S.C. 1395f(a)(3), 1395n(a)(2)(B)). SEC. 4. EXPANDED REVIEW OF MEDICAL NECESSITY. (a) Expanded Duties of QIOs.--Section 1154(a) of the Social Security Act (42 U.S.C. 1320c-3(a)) is amended by adding at the end the following new paragraph: ``(18)(A) The organization shall review the medical necessity of admissions to long-term care hospitals (described in section 1886(d)(1)(B)(iv)(I)) and continued stay at such hospitals, of individuals entitled to, or enrolled for, benefits under part A of title XVIII, on a hospital-specific basis. ``(B) The medical necessity reviews under subparagraph (A) shall be conducted for each such long-term care hospital on an annual basis in accordance with rules (including a sample methodology) specified by the Secretary. Such sample methodology shall-- ``(i) provide for a statistically valid and representative sample of admissions of such individuals sufficient to provide results at a 95 percent confidence interval; and ``(ii) guarantee that no less than 65 percent of overpayments received by long-term care hospitals for medically unnecessary admissions and continued stays of individuals in long-term care hospitals will be identified and recovered and that related days of care will not be counted toward the length of stay requirement contained in section 1886(d)(i)(B)(iv)(I). ``(C) The Secretary shall establish a denial rate with respect to such reviews that, if exceeded, could require further review of the medical necessity of admissions and continued stay in the hospital involved. ``(D)(i) Subject to clause (iii), the previous provisions of this paragraph shall cease to apply as of the date specified in clause (ii). ``(ii) The date specified in this clause is the later of January 1, 2013, or the date of implementation of national long-term care hospital facility and patient criteria under section 3 of the Medicare Long-Term Care Patient Safety and Improvement Act of 2007. ``(iii) As of the date specified in clause (ii), the Secretary shall determine whether to continue to guarantee, through continued medical review and sampling under this paragraph, recovery of no less than 65 percent of overpayments received by long-term care hospitals due to medically unnecessary admissions and continued stays.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to discharges occurring on or after October 1, 2007. SEC. 5. LIMITED, QUALIFIED MORATORIUM OF LONG-TERM CARE HOSPITALS. (a) In General.--Subject to subsection (b), the Secretary shall impose a temporary moratorium on the certification of new long-term care hospitals (and satellite facilities) for purposes of the Medicare program under title XVIII of the Social Security Act. The moratorium shall terminate at the end of the 3-year period beginning on the date of the enactment of this Act. (b) Exceptions.-- (1) In general.--The moratorium under subsection (a) shall not apply-- (A) to a long-term care hospital or satellite facility that is under development as of the date of the enactment of this Act; or (B) to a long-term care hospital in an area in which there is not a long-term care hospital, if the Secretary determines it to be in the best interest to provide access to long-term care hospital services to Medicare beneficiaries residing in such area. There shall be no administrative or judicial review from a decision of the Secretary under this paragraph. Where there is no long-term care hospital in a rural area or metropolitan statistical area, the Secretary shall provide a presumption that the establishment of a new long-term care hospital is in the best interest of Medicare program beneficiaries. (2) ``Under development'' defined.--For purposes of paragraph (1)(A), a long-term care hospital or satellite facility is considered to be ``under development'' as of a date if any of the following have occurred on or before such date: (A) All or substantially all funding has been committed or received for development of the hospital or facility. (B) Zoning requirements have been met for the construction of the hospital or facility. (C) Necessary approvals from appropriate State agencies have been received for the operation of the hospital or facility. (D) The hospital documents that it is within a 6- month long-term care hospital demonstration period required by section 412.23(e)(1)-(3) of title 42, Code of Federal Regulations, to demonstrate that it has a greater than 25 day average length of stay. (E) There is other evidence presented that the Secretary determines would indicate that the hospital or satellite is under development. SEC. 6. NO APPLICATION OF 25 PERCENT PATIENT THRESHOLD PAYMENT ADJUSTMENT TO FREESTANDING AND GRANDFATHERED LTCHS. The Secretary shall not apply section 412.536 of title 42, Code of Federal Regulations, or any similar provision, to freestanding long- term care hospitals and the Secretary shall not apply such section or section 412.534 of title 42, Code of Federal Regulations, or any similar provisions, to a long-term care hospital identified by section 4417(a) of the Balanced Budget Act of 1997 (Public Law 105-33). A long- term care hospital identified by such section 4417(a) shall be deemed to be a freestanding long-term care hospital for the purpose of this section. Section 412.536 of title 42, Code of Federal Regulations, shall be void and of no effect. SEC. 7. PAYMENT FOR HOSPITALS-WITHIN-HOSPITALS. (a) In General.--Payments to an applicable long-term care hospital or satellite facility which is located in a rural area or which is co- located with an urban single or MSA dominant hospital under paragraphs (d)(1), (e)(1), and (e)(4) of section 412.534 of title 42, Code of Federal Regulations, shall not be subject to any payment adjustment under such section if no more than 75 percent of the hospital's Medicare discharges (other than discharges described in paragraphs (d)(2) or (e)(3) of such section) are admitted from a co-located hospital. (b) Co-Located Long-Term Care Hospitals and Satellite Facilities.-- (1) In general.--Payment to an applicable long-term care hospital or satellite facility which is co-located with another hospital shall not be subject to any payment adjustment under section 412.534 of title 42, Code of Federal Regulations, if no more than 50 percent of the hospital's Medicare discharges (other than discharges described in section 412.534(c)(3) of such title) are admitted from a collocated hospital. (2) Applicable long-term care hospital or satellite facility defined.--In this section, the term ``applicable long- term care hospital or satellite facility'' means a hospital or satellite facility that is subject to the transition rules under section 412.534(g) of title 42, Code of Federal Regulations. (c) Effective Date.--Subsections (a) and (b) shall apply to discharges occurring on or after October 1, 2007. SEC. 8. NO APPLICATION OF VERY SHORT-STAY OUTLIER POLICY. The Secretary shall not apply amendments proposed on May 11, 2007 (72 Federal Register 26870) to be made to the short-stay outlier payment provision for long-term care hospitals contained in section 412.529(c)(3)(i) of title 42, Code of Federal Regulations, or any similar provision. SEC. 9. NO APPLICATION OF ONE TIME ADJUSTMENT TO STANDARD AMOUNT. The Secretary shall not make the one-time prospective adjustment to long-term care hospital prospective payment rates provided for in section 412.523(d)(3) of title 42, Code of Federal Regulations, or any similar provision. SEC. 10. LONG-TERM CARE HOSPITAL QUALITY IMPROVEMENT INITIATIVE. (a) Study To Establish Quality Measures.-- (1) In general.--The Secretary shall conduct a study (in this section referred to as the ``study'') to determine appropriate quality measures for Medicare patients receiving care in long-term care hospitals. (2) Report.--By not later than July 1, 2008, the Secretary shall submit to Congress a report on the results of the study under paragraph (1). (b) Selection of Quality Measures.-- (1) In general.--After completion of the study under subsection (a), subject to paragraph (2), the Secretary shall choose 3 quality measures recommended in the study to be reported by long-term care hospitals. (2) Expansion of quality measures.--The Secretary may expand the number of quality measures required to be reported by long-term care hospitals beyond those chosen under paragraph (1). If the Secretary adds additional measures, the measures shall reflect a consensus among the affected parties. The Secretary may replace any measures in appropriate cases, such as where all hospitals are effectively in compliance or where measures have been shown not to represent the best clinical practice. (c) Requirement for Submission of Data.-- (1) In general.--Long-term care hospitals must collect data on the three quality measures chosen under subsection (b) and submit all required quality data to the Secretary. (2) Failure to submit data.--Any long-term care hospital which does not submit the required quality data to the Secretary in any fiscal year shall have the applicable percentage increase applicable to such long-term care hospital under section 1886(b)(3)(B)(ii)) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(ii)) reduced by not more than 0.4 percentage points. (d) Availability of Data to Public.--The Secretary shall establish procedures for making the quality data submitted under this section available to the public.

Medicare Long-Term Care Patient Safety and Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to define "long-term care hospital" and establish new patient criteria for long-term care hospital prospective payments. Requires the Secretary of Health and Human Services to approve under Medicare distinct part inpatient rehabilitation hospital units in long-term care hospitals, if rehabilitation services are not included within a major diagnostic category. Directs the Secretary to: (1) report to the appropriate congressional committees recommendations on the promulgation of national long-term care hospital facility and patient criteria; and (2), after rulemaking, implement them. Amends SSA title XI to require a peer review organization to review on a hospital-specific basis the medical necessity of admissions to, and continued stay at, long-term care hospitals of Medicare part A (Hospital Insurance) patients. Directs the Secretary, with certain exceptions, to impose a temporary moratorium on the Medicare certification of new long-term care hospitals (and satellite facilities). Directs the Secretary not to apply the 25% patient threshold payment adjustment to freestanding and grandfathered long-term hospitals. States that payments to an applicable long-term care hospital or satellite facility, located in a rural area or co-located with an urban single or MSA dominant hospital, shall not be subject to any payment adjustment if no more than 75% percent of its Medicare discharges are admitted from a co-located hospital. Provides that payment to an applicable long-term care hospital or satellite facility co-located with another hospital shall not be subject to such payment adjustments, if no more than 50% of its Medicare discharges are admitted from a co-located hospital. Prohibits the Secretary from applying certain proposed amendments to the short-stay outlier payment policy for certain long-term care hospitals. Prohibits the Secretary from making a certain one-time prospective adjustment to long-term care hospital prospective payment rates. Directs the Secretary to study and report to the Congress on appropriate quality measures for Medicare patients receiving care in long-term care hospitals.

To amend title XVIII of the Social Security Act to ensure and foster continued patient quality of care by establishing facility and patient criteria for long-term care hospitals and related improvements under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Build, Update, Improve, Lift, and Design Health Centers Act of 2007'' or the ``BUILD Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Many health care experts believe that lack of access to basic health services is our Nation's single most pressing health care problem. There are 56,000,000 Americans that do not have access to a primary care provider, whether they have health insurance or not. In addition, more than 45,000,000 Americans lack health insurance and have difficulty accessing care due to the inability to pay for such care. (2) Health centers, including community health centers, migrant health centers, health centers for the homeless, and public housing health centers, address the health care access problem by providing primary care services in thousands of rural and urban medically-underserved communities throughout the United States. (3) Health centers provide basic health care services to 16,000,000 Americans each year, including nearly 9,500,000 minorities, 850,000 farmworkers, and 750,000 homeless individuals. One in five children from low-income families receives care through health centers. (4) Studies show that health centers provide high-quality and cost-effective health care. The average yearly cost for a health center patient is approximately $1.25 per day. (5) One of the most effective ways to address America's health care access problem is by dramatically expanding access to health centers, as both the Senate and the President have proposed. (6) Many existing health centers operate in facilities that desperately need renovation or modernization. Thirty percent of health centers are located in buildings that are more than 30 years old, with 12 percent of such centers operating out of facilities that are more than 50 years old. In a survey of health centers in 11 States, 2/3 of those centers identified a need to improve, expand, or replace their current facility. An extrapolation based on this survey indicates there may be as much as $2,200,000,000 in unmet capital needs in our Nation's health centers. (7) Dramatically increasing access to health centers requires building new facilities in communities that have access problems and lack a health center. (8) Health centers often do not have the means to pay for capital improvements or new facilities. While most health centers raise some funds through private donations, it is difficult to raise sufficient amounts for capital needs without a middle-upper-class donor base similar to other nonprofit organizations like universities and hospitals. (9) Health centers have a limited ability to support loan payments. Due to an increasing number of uninsured patients and the fact that many health care reimbursements are less than the cost of care, health centers rarely have more than minimal positive operating margins. Yet lenders are rarely willing to take risks on nonprofit organizations without these positive margins. (10) While the Federal Government currently provides grants to health centers to assist with operational expenses used to provide care to a medically underserved population, there is no authority to provide grants to assist health centers to meet capital needs, such as construction of new facilities or modernization, expansion, or replacement of existing buildings. (11) To assist health centers with their mission of providing health care to the medically underserved, the Federal Government should supplement local efforts to meet the capital needs of health centers. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Health Care Facility Grants and Loan Guarantees.--Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330R. HEALTH CARE FACILITY GRANTS AND LOAN GUARANTEES. ``(a) Eligible Health Center Defined.--In this section, the term `eligible health center' means a health center that receives-- ``(1) a grant, on or after the date of enactment of this section, under subsection (c)(1)(A), (e)(1)(A), (e)(1)(B), (f), (g), (h), or (i) of section 330; or ``(2) a subgrant, on or after the date of enactment of this section, from a grant awarded under such provision of law. ``(b) Grant Program Authorized.-- ``(1) In general.--The Secretary may award grants to eligible health centers to pay for the costs described in paragraph (2). ``(2) Use of funds.--An eligible health center that receives a grant under paragraph (1) may use the grant funds to-- ``(A) modernize, expand, and replace existing facilities at such center; and ``(B) construct new facilities at such center. ``(3) Limitation.-- ``(A) In general.--Subject to subparagraph (B), the Federal share of a grant awarded under paragraph (1) to expand an existing, or construct a new, facility shall not exceed 90 percent of the total cost of the project (including interest payments) proposed by the eligible health center. ``(B) Exception.--The Federal share maximum under subparagraph (A) shall not apply if-- ``(i) the total cost of the project proposed by the eligible health center is less than $750,000; or ``(ii) the Secretary waives such maximum upon a showing of good cause. ``(c) Facility Loan Guarantees.-- ``(1) In general.-- ``(A) In general.--The Secretary shall establish a program under which the Secretary may guarantee not less than 90 percent of the principal and interest on the total amount of loans made to an eligible health center by non-Federal lenders in order to pay for the costs associated with a capital needs project described in subparagraph (B). ``(B) Projects.--Capital needs projects under this subsection include-- ``(i)(I) acquiring, leasing, modernizing, expanding, or replacing existing facilities; ``(II) constructing new facilities; or ``(III) purchasing or leasing equipment; or ``(ii) the costs of refinancing loans made for any of the projects described in clause (i). ``(C) Not a federal subsidy.--Any loan guarantee issued pursuant to this subsection shall not be deemed a Federal subsidy for any other purpose. ``(2) Authority for loan guarantee program.--With respect to the program established under paragraph (1), the Secretary shall assume such authority-- ``(A) as the Secretary has under paragraphs (2) and (4) of section 330; and ``(B) under section 1620 as the Secretary determines is necessary and appropriate. ``(3) Health center project applications.--The Secretary shall require that all applicants for grants and loans under this section-- ``(A) comply with the conditions set forth in section 1621, as in effect on the date of enactment of this section, with respect to activities authorized for assistance under subsections (b)(2) and (c)(1)(B) in the same manner that applicants for loans, loan guarantees, or grants for medical facilities projects under such section are required to comply with such conditions, unless such conditions are, by their terms, otherwise inapplicable; and ``(B)(i) give priority to contractors that employ substantial numbers of workers who reside in the area to be served by the health center; and ``(ii) include in the construction contract involved a requirement that the contractor will give priority in hiring new employees to residents of such area. ``(4) Definitions.--In this subsection: ``(A) Facilities.--The term `facilities' means a building or buildings used by a health center, in whole or in part, to provide services permitted under section 330 and for such other purposes as are not specifically prohibited under such section as long as such use furthers the objectives of the health center. ``(B) Non-federal lender.--The term `non-Federal lender' means any entity other than an agency or instrumentality of the Federal Government authorized by law to make loans, including a federally-insured bank, a lending institution authorized or licensed to make loans by the State in which it is located, a community development finance institution or community development entity (as designated by the Secretary of the Treasury), any such lender as the Secretary may designate, and a State or municipal bonding authority or such authority's designee. ``(d) Evaluation.--Not later than 3 years after the date of enactment of this section, the Secretary shall prepare a report containing an evaluation of the programs authorized under this section. Such report shall include recommendations on how this section can be improved to better help health centers meet such centers' capital needs in order to expand access to health care in the United States. ``(e) Authorization.--For the purpose of carrying out this section, the Secretary shall use not more than 5 percent of any funds appropriated pursuant to section 330(s) (relating to authorization of appropriations). In addition, funds appropriated for fiscal years 1997 and 1998 under the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts of 1997 and 1998, which were made available for loan guarantees for loans made by non- Federal lenders for construction, renovation, and modernization of medical facilities that are owned and operated by health centers and which have not been expended, shall be made available for loan guarantees under this section.''. (b) Authorization of Appropriations.--Section 330(r)(1) of the Public Health Service Act (42 U.S.C. 254b(r)(1)) (relating to authorization of appropriations) is amended by striking ``this section'' and inserting ``this section and section 330R''.

Build, Update, Improve, Lift, and Design Health Centers Act of 2007 or the BUILD Act Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to health centers to: (1) modernize, expand, and replace existing facilities; and (2) construct new facilities at such centers. Requires the Secretary to establish a loan guarantee program for loans to health centers for capital need projects, including: (1) acquiring, leasing, modernizing, expanding, or replacing existing facilities; (2) constructing new facilities; (3) purchasing or leasing equipment; and (4) the costs of refinancing loans made for any such projects.

A bill to amend part D of title III of the Public Health Service Act to authorize grants and loan guarantees for health centers to enable the centers to fund capital needs projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Millennium Digital Commerce Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The growth of electronic commerce and electronic government transactions represent a powerful force for economic growth, consumer choice, improved civic participation and wealth creation. (2) The promotion of growth in private sector electronic commerce through Federal legislation is in the national interest because that market is globally important to the United States. (3) A consistent legal foundation, across multiple jurisdictions, for electronic commerce will promote the growth of such transactions, and that such a foundation should be based upon a simple, technology neutral, nonregulatory, and market-based approach. (4) The Nation and the world stand at the beginning of a large scale transition to an information society which will require innovative legal and policy approaches, and therefore, States can serve the national interest by continuing their proven role as laboratories of innovation for quickly evolving areas of public policy, provided that States also adopt a consistent, reasonable national baseline to eliminate obsolete barriers to electronic commerce such as undue paper and pen requirements, and further, that any such innovation should not unduly burden inter-jurisdictional commerce. (5) To the extent State laws or regulations do not provide a consistent, reasonable national baseline or in fact create an undue burden to interstate commerce in the important burgeoning area of electronic commerce, the national interest is best served by Federal preemption to the extent necessary to provide such consistent, reasonable national baseline or eliminate said burden, but that absent such lack of a consistent, reasonable national baseline or such undue burdens, the best legal system for electronic commerce will result from continuing experimentation by individual jurisdictions. (6) With due regard to the fundamental need for a consistent national baseline, each jurisdiction that enacts such laws should have the right to determine the need for any exceptions to protect consumers and maintain consistency with existing related bodies of law within a particular jurisdiction. (7) Industry has developed several electronic signature technologies for use in electronic transactions, and the public policies of the United States should serve to promote a dynamic marketplace within which these technologies can compete. Consistent with this Act, States should permit the use and development of any authentication technologies that are appropriate as practicable as between private parties and in use with State agencies. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to permit and encourage the continued expansion of electronic commerce through the operation of free market forces rather than proscriptive governmental mandates and regulations; (2) to promote public confidence in the validity, integrity and reliability of electronic commerce and online government under Federal law; (3) to facilitate and promote electronic commerce by clarifying the legal status of electronic records and electronic signatures in the context of contract formation; (4) to facilitate the ability of private parties engaged in interstate transactions to agree among themselves on the appropriate electronic signature technologies for their transactions; and (5) to promote the development of a consistent national legal infrastructure necessary to support of electronic commerce at the Federal and State levels within areas of jurisdiction. SEC. 4. DEFINITIONS. In this Act: (1) Electronic.--The term ``electronic'' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) Electronic agent.--The term ``electronic agent'' means a computer program or an electronic or other automated means used to initiate an action or respond to electronic records or performances in whole or in part without review by an individual at the time of the action or response. (3) Electronic record.--The term ``electronic record'' means a record created, generated, sent, communicated, received, or stored by electronic means. (4) Electronic signature.--The term ``electronic signature'' means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (5) Governmental agency.--The term ``governmental agency'' means an executive, legislative, or judicial agency, department, board, commission, authority, or institution of the Federal Government or of a State or of any county, municipality, or other political subdivision of a State. (6) Record.--The term ``record'' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (7) Transaction.--The term ``transaction'' means an action or set of actions relating to the conduct of commerce, between 2 or more persons, neither of which is the United States Government, a State, or an agency, department, board, commission, authority, or institution of the United States Government or of a State. (8) Uniform electronic transactions act.--The term ``Uniform Electronic Transactions Act'' means the Uniform Electronic Transactions Act as provided to State legislatures by the National Conference of Commissioners on Uniform State Law in the form or any substantially similar variation. SEC. 5. INTERSTATE CONTRACT CERTAINTY. (a) In General.--In any transaction affecting interstate commerce, a contract may not be denied legal effect or enforceability solely because an electronic signature or electronic record was used in its formation. (b) Methods.--Parties to a transaction are permitted to determine the appropriate electronic signature technologies for their transaction, and the means of implementing such technologies. (c) Presentation of Contracts.--Notwithstanding subsection (a), if a law requires that a contract be in writing, the legal effect, or enforceability of an electronic record of such contract shall be denied under such law, unless it is delivered to all parties in a form that-- (1) can be retained by all parties for later reference; and (2) can be used to prove the terms of the agreement. (d) Specific Exclusions.--The provisions of this section shall not apply to a statute, regulation, or other rule of law governing any of the following: (1) The Uniform Commercial Code, as in effect in a State, other than section 1-107 and 1-206, article 2, and article 2A. (2) Premarital agreements, marriage, adoption, divorce or other matters of family law. (3) Documents of title which are filed of record with a governmental unit until such time that a State or subdivision thereof chooses to accept filings electronically. (4) Residential landlord-tenant relationships. (5) The Uniform Health-Care Decisions Act as in effect in a State. (e) Electronic Agents.--A contract relating to a commercial transaction affecting interstate commerce may not be denied legal effect solely because its formation involved-- (1) the interaction of electronic agents of the parties; or (2) the interaction of an electronic agent of a party and an individual who acts on that individual's own behalf or as an agent, for another person. (f) Insurance.--It is the specific intent of the Congress that this section apply to the business of insurance. (g) Application in UETA States.--This section does not apply in any State in which the Uniform Electronic Transactions Act is in effect. SEC. 6. PRINCIPLES GOVERNING THE USE OF ELECTRONIC SIGNATURES IN INTERNATIONAL TRANSACTIONS. To the extent practicable, the Federal Government shall observe the following principles in an international context to enable commercial electronic transaction: (1) Remove paper-based obstacles to electronic transactions by adopting relevant principles from the Model Law on Electronic Commerce adopted in 1996 by the United Nations Commission on International Trade Law (UNCITRAL). (2) Permit parties to a transaction to determine the appropriate authentication technologies and implementation models for their transactions, with assurance that those technologies and implementation models will be recognized and enforced. (3) Permit parties to a transaction to have the opportunity to prove in court or other proceedings that their authentication approaches and their transactions are valid. (4) Take a nondiscriminatory approach to electronic signatures and authentication methods from other jurisdictions. SEC. 7. STUDY OF LEGAL AND REGULATORY BARRIERS TO ELECTRONIC COMMERCE. (a) Barriers.--Each Federal agency shall, not later than 6 months after the date of enactment of this Act, provide a report to the Director of the Office of Management and Budget and the Secretary of Commerce identifying any provision of law administered by such agency, or any regulations issued by such agency and in effect on the date of enactment of this Act, that may impose a barrier to electronic transactions, or otherwise to the conduct of commerce online or be electronic means. Such barriers include, but are not limited to, barriers imposed by a law or regulation directly or indirectly requiring that signatures, or records of transactions, be accomplished or retained in other than electronic form. In its report, each agency shall identify the barriers among those identified whose removal would require legislative action, and shall indicate agency plans to undertake regulatory action to remove such barriers among those identified as are caused by regulations issued by the agency. (b) Report to Congress.--The Secretary of Commerce, in consultation with the Director of the Office of Management and Budget, shall, within 18 months after the date of enactment of this Act, and after the consultation required by subsection (c) of this section, report to the Congress concerning-- (1) legislation needed to remove barriers to electronic transactions or otherwise to the conduct of commerce online or by electronic means; and (2) actions being taken by the Executive Branch and individual Federal agencies to remove such barriers as are caused by agency regulations or policies. (c) Consultation.--In preparing the report required by this section, the Secretary of Commerce shall consult with the General Services Administration, the National Archives and Records Administration, and the Attorney General concerning matters involving the authenticity of records, their storage and retention, and their usability for law enforcement purposes. (d) Include Findings If No Recommendations.--If the report required by this section omits recommendations for actions needed to fully remove identified barriers to electronic transactions or to online or electronic commerce, it shall include a finding or findings, including substantial reasons therefore, that such removal is impracticable or would be inconsistent with the implementation or enforcement of applicable laws.

Authorizes parties to an interstate transaction to determine the appropriate electronic signature technologies for their transaction, and the means of implementing such technologies. Denies the legal effect of an electronic record of a contract required by law to be in writing, unless it is delivered to all parties in a form that can be: (1) retained for later reference; and (2) used to prove agreement terms. Provides exclusions. Prohibits a contract relating to a commercial transaction from being denied legal effect solely because its formation involved electronic agents (computers or other automated means). States as the specific intent of Congress that this section apply to the business of insurance. Directs the Federal Government, to the extent practicable, to observe certain principles governing the use of electronic signatures in international commercial transactions, including to: (1) remove paper-based obstacles to electronic transactions by adopting relevant principles from the Model Law on Electronic Commerce adopted in 1996 by the UN Commission on International Trade Law (UNCITRAL); (2) permit parties to a transaction to determine the appropriate authentication technologies for such transactions, with assurance that they will be recognized and enforced; (3) permit such parties to have the opportunity to prove in court that such authentication approaches and transactions are valid; and (4) take a nondiscriminatory approach to electronic signatures and authentication methods from other jurisdictions. Directs each Federal agency to report to the Director of the Office of Management and Budget and the Secretary of Commerce on any provision of law administered, or regulation issued, by it that imposes a barrier to electronic transactions. Requires the Secretary to report to Congress concerning any legislation needed or Executive or Federal agency action being taken to remove such barriers.

Millennium Digital Commerce Act

SECTION 1. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Certain private lands adjacent to the Montezuma Castle National Monument in Yavapai County, Arizona, are desirable for Federal acquisition to protect important riparian values along Beaver Creek and the scenic backdrop for the National Monument. (2) Certain other inholdings in the Coconino National Forest are desirable for Federal acquisition to protect important public values near Double Cabin Park. (3) Approximately 108 acres of land within the Tonto National Forest, northeast of Payson, Arizona, are currently occupied by 45 residential cabins under special use permits from the Secretary of Agriculture, and have been so occupied since the mid-1950s, rendering such lands of limited use and enjoyment potential for the general public. Such lands are, therefore, appropriate for transfer to the cabin owners in exchange for lands that will have higher public use values. (4) In return for the privatization of such encumbered lands the Secretary of Agriculture has been offered approximately 495 acres of non-Federal land (known as the Q Ranch) within the Tonto National Forest, east of Young, Arizona, in an area where the Secretary has completed previous land exchanges to consolidate public ownership of National Forest lands. (5) The acquisition of the Q Ranch non-Federal lands by the Secretary will greatly increase National Forest management efficiency and promote public access, use, and enjoyment of the area and surrounding National Forest System lands. (b) Purpose.--The purpose of this Act is to authorize, direct, facilitate, and expedite the consummation of the land exchanges set forth herein in accordance with the terms and conditions of this Act. SEC. 2. DEFINITIONS. As used in this Act: (1) Dpsha.--The term ``DPSHA'' means the Diamond Point Summer Homes Association, a nonprofit corporation in the State of Arizona. (2) Federal land.--The term ``Federal land'' means land to be conveyed into non-Federal ownership under this Act. (3) Flpma.--The term ``FLPMA'' means the Federal Land Policy Management Act of 1976 (43 U.S.C. 1701 et seq.). (4) Mcjv.--The term ``MCJV'' means the Montezuma Castle Land Exchange Joint Venture Partnership, an Arizona Partnership. (5) Non-federal land.--The term ``non-Federal land'' means land to be conveyed to the Secretary of Agriculture under this Act. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, unless otherwise specified. SEC. 3. MONTEZUMA CASTLE LAND EXCHANGE. (a) Land Exchange.--Upon receipt of a binding offer from MCJV to convey title acceptable to the Secretary to the land described in subsection (b), the Secretary shall convey to MCJV all right, title, and interest of the United States in and to the Federal land described in subsection (c). (b) Non-Federal Land.--The land described in this subsection is the following: (1) The approximately 157 acres of land adjacent to the Montezuma Castle National Monument, as generally depicted on the map entitled ``Montezuma Castle Contiguous Lands'', dated May 2002. (2) Certain private land within the Coconino National Forest, Arizona, comprising approximately 108 acres, as generally depicted on the map entitled ``Double Cabin Park Lands'', dated September 2002. (c) Federal Land.--The Federal land described in this subsection is the approximately 222 acres in the Tonto National Forest, Arizona, and surveyed as Lots 3, 4, 8, 9, 10, 11, 16, and 17, and Tract 40 in section 32, Township 11 North, Range 10 East, Gila and Salt River Meridian, Arizona. (d) Equal Value Exchange.--The values of the non-Federal and Federal land directed to be exchanged under this section shall be equal or equalized as determined by the Secretary through an appraisal performed by a qualified appraiser mutually agreed to by the Secretary and MCJV and performed in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (U.S. Department of Justice, December 2000), and section 206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are not equal, the Secretary shall delete Federal lots from the conveyance to MCJV in the following order and priority, as necessary, until the values of Federal and non-Federal land are within the 25 percent cash equalization limit of section 206(b) of FLPMA (43 U.S.C. 1716(b)): (1) Lot 3. (2) Lot 4. (3) Lot 9. (4) Lot 10. (5) Lot 11. (6) Lot 8. (e) Cash Equalization.--Any difference in value remaining after compliance with subsection (d) shall be equalized by the payment of cash to the Secretary or MCJV, as the circumstances dictate, in accordance with section 206(b) of FLPMA (43 U.S.C. 1716(b)). Public Law 90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'') shall, without further appropriation, apply to any cash equalization payment received by the United States under this section. SEC. 4. DIAMOND POINT--Q RANCH LAND EXCHANGE. (a) In General.--Upon receipt of a binding offer from DPSHA to convey title acceptable to the Secretary to the land described in subsection (b), the Secretary shall convey to DPSHA all right, title, and interest of the United States in and to the land described in subsection (c). (b) Non-Federal Land.--The land described in this subsection is the approximately 495 acres of non-Federal land generally depicted on the map entitled ``Diamond Point Exchange--Q Ranch Non-Federal Lands'', dated May 2002. (c) Federal Land.--The Federal land described in this subsection is the approximately 108 acres northeast of Payson, Arizona, as generally depicted on the map entitled ``Diamond Point Exchange--Federal Land'', dated May 2002. (d) Equal Value Exchange.--The values of the non-Federal and Federal land directed to be exchanged under this section shall be equal or equalized as determined by the Secretary through an appraisal performed by a qualified appraiser mutually agreed to by the Secretary and DPSHA and in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (U.S. Department of Justice, December 2000), and section 206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are not equal, they shall be equalized by the payment of cash to the Secretary or DPSHA pursuant to section 206(b) of FLPMA (43 U.S.C. 1716(b)). Public Law 90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'') shall, without further appropriation, apply to any cash equalization payment received by the United States under this section. (e) Special Use Permit Termination.--Upon execution of the land exchange authorized by this section, all special use cabin permits on the Federal land shall be terminated. SEC. 5. MISCELLANEOUS PROVISIONS. (a) Exchange Timetable.--Not later than 6 months after the Secretary receives an offer under section 3 or 4, the Secretary shall execute the exchange under section 3 or 4, respectively, unless the Secretary and MCJV or DPSHA, respectively, mutually agree to extend such deadline. (b) Exchange Processing.--Prior to executing the land exchanges authorized by this Act, the Secretary shall perform any necessary land surveys and required preexchange clearances, reviews, and approvals relating to threatened and endangered species, cultural and historic resources, wetlands and floodplains and hazardous materials. If 1 or more of the Federal land parcels or lots, or portions thereof, cannot be transferred to MCJV or DPSHA due to hazardous materials, threatened or endangered species, cultural or historic resources, or wetland and flood plain problems, the parcel or lot, or portion thereof, shall be deleted from the exchange, and the values of the lands to be exchanged adjusted in accordance with subsections (d) and (e) of section 3 or section 4(d), as appropriate. In order to save administrative costs to the United States, the costs of performing such work, including the appraisals required pursuant to this Act, shall be paid by MCJV or DPSHA for the relevant property, except for the costs of any such work (including appraisal reviews and approvals) that the Secretary is required or elects to have performed by employees of the Department of Agriculture. (c) Federal Land Reservations and Encumbrances.--The Secretary shall convey the Federal land under this Act subject to valid existing rights, including easements, rights-of-way, utility lines and any other valid encumbrances on the Federal land as of the date of the conveyance under this Act. If applicable to the land conveyed, the Secretary shall also retain any right of access as may be required by section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9620(h)) for remedial or corrective action relating to hazardous substances as may be necessary in the future. (d) Administration of Acquired Land.--The land acquired by the Secretary pursuant to this Act shall become part of the Tonto or Coconino National Forest, as appropriate, and be administered as such in accordance with the laws, rules, and regulations generally applicable to the National Forest System. Such land may be made available for domestic livestock grazing if determined appropriate by the Secretary in accordance with the laws, rules, and regulations applicable thereto on National Forest System land. (e) Transfer of Land to National Park Service.--Upon their acquisition by the United States, the ``Montezuma Castle Contiguous Lands'' identified in section 3(b)(1) shall be transferred to the administrative jurisdiction of the National Park Service, and shall thereafter be permanently incorporated in, and administered by the Secretary of the Interior as part of, the Montezuma Castle National Monument. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Secretary of Agriculture to convey to certain private land owners specified lands in the Tonto National Forest in exchange for the conveyance by such land owners of certain lands adjacent to the Montezuma Castle National Monument and certain lands within the Coconino National Forest. Requires that the values of Federal and non-Federal lands be equalized. Directs the Secretary to convey to certain private land owners specified lands northeast of Payson, Arizona, in exchange for the conveyance by such land owners of certain lands within the Tonto National Forest. Requires that the values of Federal and non-Federal lands be equalized. Terminates all special use cabin permits on the Federal land upon execution of the exchange. Directs the Secretary, prior to any conveyance under this Act, to conduct the necessary land surveys and preexchange clearances, reviews, and approvals relating to threatened and endangered species, cultural and historic resources, wetlands and floodplains, and hazardous materials. Requires the Secretary to delete from either exchange any portion of Federal lands that cannot be transferred for any reason thereof. Transfers the land adjacent to the Montezuma Castle National Monument to the jurisdiction of the National Park Service and incorporates it in the Montezuma Castle National Monument.

To provide for the exchange of certain lands in the Coconino and Tonto National Forests in Arizona, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Credit Availability Act''. SEC. 2. BUSINESS DEVELOPMENT COMPANY OWNERSHIP OF SECURITIES OF INVESTMENT ADVISERS AND CERTAIN FINANCIAL COMPANIES. (a) In General.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall promulgate regulations to codify the order in Investment Company Act Release No. 30024, dated March 30, 2012. If the Commission fails to complete the regulations as required by this subsection, a business development company shall be entitled to treat such regulations as having been completed in accordance with the actions required to be taken by the Commission until such time as such regulations are completed by the Commission. (2) Rule of construction.--Nothing in this subsection shall prevent the Commission from issuing rules to address potential conflicts of interest between business development companies and investment advisers. (b) Permissible Assets of an Eligible Portfolio Company.--Section 55 of the Investment Company Act of 1940 (15 U.S.C. 80a-54) is amended by adding at the end the following: ``(c) Securities Deemed To Be Permissible Assets.--Notwithstanding subsection (a), securities that would be described in paragraphs (1) through (6) of such subsection except that the issuer is a company described in paragraph (2), (3), (4), (5), (6), or (9) of section 3(c) may be deemed to be assets described in paragraphs (1) through (6) of subsection (a) to the extent necessary for the sum of the assets to equal 70 percent of the value of a business development company's total assets (other than assets described in paragraph (7) of subsection (a)), provided that the aggregate value of such securities counting toward such 70 percent shall not exceed 20 percent of the value of the business development company's total assets.''. SEC. 3. EXPANDING ACCESS TO CAPITAL FOR BUSINESS DEVELOPMENT COMPANIES. (a) In General.--Section 61(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-60(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (2) by striking paragraph (1) and inserting the following: ``(1) Except as provided in paragraph (2), the asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) (and any related rule promulgated under this Act) applicable to business development companies shall be 200 percent. ``(2) The asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) and of subparagraphs (A) and (B) of section 18(a)(2) (and any related rule promulgated under this Act) applicable to a business development company shall be 150 percent if-- ``(A) within five business days of the approval of the adoption of the asset coverage requirements described in clause (ii), the business development company discloses such approval and the date of its effectiveness in a Form 8-K filed with the Commission and in a notice on its website and discloses in its periodic filings made under section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)-- ``(i) the aggregate value of the senior securities issued by such company and the asset coverage percentage as of the date of such company's most recent financial statements; and ``(ii) that such company has adopted the asset coverage requirements of this subparagraph and the effective date of such requirements; ``(B) with respect to a business development company that issues equity securities that are registered on a national securities exchange, the periodic filings of the company under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m) include disclosures reasonably designed to ensure that shareholders are informed of-- ``(i) the amount of indebtedness and asset coverage ratio of the company, determined as of the date of the financial statements of the company dated on or most recently before the date of such filing; and ``(ii) the principal risk factors associated with such indebtedness, to the extent such risk is incurred by the company; and ``(C)(i) the application of this paragraph to the company is approved by the required majority (as defined in section 57(o)) of the directors of or general partners of such company who are not interested persons of the business development company, which application shall become effective on the date that is 1 year after the date of the approval, and, with respect to a business development company that issues equity securities that are not registered on a national securities exchange, the company extends, to each person who is a shareholder as of the date of the approval, an offer to repurchase the equity securities held by such person as of such approval date, with 25 percent of such securities to be repurchased in each of the four quarters following such approval date; or ``(ii) the company obtains, at a special or annual meeting of shareholders or partners at which a quorum is present, the approval of more than 50 percent of the votes cast of the application of this paragraph to the company, which application shall become effective on the date immediately after the date of the approval.''; (3) in paragraph (3) (as redesignated), by inserting ``or which is a stock, provided that all such stock is issued in accordance with paragraph (6)'' after ``indebtedness''; (4) in subparagraph (A) of paragraph (4) (as redesignated)-- (A) in the matter preceding clause (i), by striking ``voting''; and (B) by amending clause (iii) to read as follows: ``(iii) the exercise or conversion price at the date of issuance of such warrants, options, or rights is not less than-- ``(I) the market value of the securities issuable upon the exercise of such warrants, options, or rights at the date of issuance of such warrants, options, or rights; or ``(II) if no such market value exists, the net asset value of the securities issuable upon the exercise of such warrants, options, or rights at the date of issuance of such warrants, options, or rights; and''; and (5) by adding at the end the following: ``(6)(A) Qualified institutional buyer.--Except as provided in subparagraph (B), the following shall not apply to a senior security which is a stock and which is issued to and held by a qualified institutional buyer (as defined in section 3(a)(64) of the Securities Exchange Act of 1934): ``(i) Subparagraphs (C) and (D) of section 18(a)(2). ``(ii) Subparagraph (E) of section 18(a)(2), to the extent such subparagraph requires any priority over any other class of stock as to distribution of assets upon liquidation. ``(iii) With respect to a senior security which is a stock, subsections (c) and (i) of section 18. ``(B) Individual investors who are not qualified institutional buyers.--Subparagraph (A) shall not apply with respect to a senior security which is a stock and which is issued to a person who is not known by the business development company to be a qualified institutional buyer (as defined in section 3(a) of the Securities Exchange Act of 1934). ``(7) Rule of construction.--Notwithstanding any other provision of law, any additional class of stock issued pursuant to this section must be issued in accordance with all investor protections contained in all applicable federal securities laws administered by the Commission.''. (b) Conforming Amendments.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended-- (1) in section 57-- (A) in subsection (j)(1), by striking ``section 61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and (B) in subsection (n)(2), by striking ``section 61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and (2) in section 63(3), by striking ``section 61(a)(3)'' and inserting ``section 61(a)(4)''. SEC. 4. PARITY FOR BUSINESS DEVELOPMENT COMPANIES REGARDING OFFERING AND PROXY RULES. (a) Revision to Rules.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall revise any rules to the extent necessary to allow a business development company that has filed an election pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a-53) to use the securities offering and proxy rules that are available to other issuers that are required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m; 78o(d)). Any action that the Commission takes pursuant to this subsection shall include the following: (1) The Commission shall revise rule 405 under the Securities Act of 1933 (17 C.F.R. 230.405)-- (A) to remove the exclusion of a business development company from the definition of a well-known seasoned issuer provided by that rule; and (B) to add registration statements filed on Form N- 2 to the definition of automatic shelf registration statement provided by that rule. (2) The Commission shall revise rules 168 and 169 under the Securities Act of 1933 (17 C.F.R. 230.168 and 230.169) to remove the exclusion of a business development company from an issuer that can use the exemptions provided by those rules. (3) The Commission shall revise rules 163 and 163A under the Securities Act of 1933 (17 C.F.R. 230.163 and 230.163A) to remove a business development company from the list of issuers that are ineligible to use the exemptions provided by those rules. (4) The Commission shall revise rule 134 under the Securities Act of 1933 (17 C.F.R. 230.134) to remove the exclusion of a business development company from that rule. (5) The Commission shall revise rules 138 and 139 under the Securities Act of 1933 (17 C.F.R. 230.138 and 230.139) to specifically include a business development company as an issuer to which those rules apply. (6) The Commission shall revise rule 164 under the Securities Act of 1933 (17 C.F.R. 230.164) to remove a business development company from the list of issuers that are excluded from that rule. (7) The Commission shall revise rule 433 under the Securities Act of 1933 (17 C.F.R. 230.433) to specifically include a business development company that is a well-known seasoned issuer as an issuer to which that rule applies. (8) The Commission shall revise rule 415 under the Securities Act of 1933 (17 C.F.R. 230.415)-- (A) to state that the registration for securities provided by that rule includes securities registered by a business development company on Form N-2; and (B) to provide an exception for a business development company from the requirement that a Form N- 2 registrant must furnish the undertakings required by item 34.4 of Form N-2. (9) The Commission shall revise rule 497 under the Securities Act of 1933 (17 C.F.R. 230.497) to include a process for a business development company to file a form of prospectus that is parallel to the process for filing a form of prospectus under rule 424(b). (10) The Commission shall revise rules 172 and 173 under the Securities Act of 1933 (17 C.F.R. 230.172 and 230.173) to remove the exclusion of an offering of a business development company from those rules. (11) The Commission shall revise rule 418 under the Securities Act of 1933 (17 C.F.R. 230.418) to provide that a business development company that would otherwise meet the eligibility requirements of General Instruction I.A of Form S-3 shall be exempt from paragraph (a)(3) of that rule. (12) The Commission shall revise rule 14a-101 under the Securities Exchange Act of 1934 (17 C.F.R. 240.14a-101) to provide that a business development company that would otherwise meet the requirements of General Instruction I.A of Form S-3 shall be deemed to meet the requirements of Form S-3 for purposes of Schedule 14A. (13) The Commission shall revise rule 103 under Regulation FD (17 C.F.R. 243.103) to provide that paragraph (a) of that rule applies for purposes of Form N-2. (b) Revision to Form N-2.--Not later than 1 year after the date of enactment of this Act, the Commission shall revise Form N-2-- (1) to include an item or instruction that is similar to item 12 on Form S-3 to provide that a business development company that would otherwise meet the requirements of Form S-3 shall incorporate by reference its reports and documents filed under the Securities Exchange Act of 1934 into its registration statement filed on Form N-2; and (2) to include an item or instruction that is similar to the instruction regarding automatic shelf offerings by well- known seasoned issuers on Form S-3 to provide that a business development company that is a well-known seasoned issuer may file automatic shelf offerings on Form N-2. (c) Treatment if Revisions Not Completed in Timely Manner.--If the Commission fails to complete the revisions required by subsections (a) and (b) by the time required by such subsections, a business development company shall be entitled to treat such revisions as having been completed in accordance with the actions required to be taken by the Commission by such subsections until such time as such revisions are completed by the Commission. (d) Rule of Construction.--Any reference in this section to a rule or form means such rule or form or any successor rule or form.

Small Business Credit Availability Act (Sec. 2) This bill directs the Securities and Exchange Commission (SEC) to promulgate regulations that codify a specified order in Investment Company Act Release No. 30024, dated March 30, 2012. Under Investment Company Act Release No. 30024 the SEC permitted the Ares Capital Corporation to: continue to own (directly or indirectly) up to 100% of the outstanding equity interests of Ivy Hill ll Asset Management, L.P.; and make additional investments in Ivy Hill, in each case, following the time Ivy Hill shall be required to become a registered investment adviser under the Investment Advisers Act of 1940. The bill entitles a business development company (BDC) to treat such regulations as having been completed if the SEC fails to complete the regulations required by this bill. The bill further states, however, that nothing in it shall prevent the SEC from issuing rules that address potential conflicts of interest between BDCs and investment advisers. The Investment Company Act of 1940 is amended to deem certain securities to be permissible BDC assets to the extent necessary for the sum of permissible assets to equal 70% of the value of a BDC's total assets (excluding specified noninvestment assets) if the aggregate value of such securities does not exceed 20% of the value of the BDC's total assets. (Sec. 3) The asset coverage requirements of registered closed-end companies also applicable to BDCs shall be reduced from 200% to 150% if the BDC makes certain disclosures on its website, and its directors or general partners approve of the modified requirements. (A registered closed-end investment company may not issue, or sell, any class of senior security unless it represents an indebtedness and, immediately after the issuance or sale, it will have an asset coverage of at least 300%. This asset coverage requirement currently is reduced to 200% for most BDCs.) As an additional requirement, a BDC that issues equity securities that are not registered on a national securities exchange (non-traded BDC) must extend, to each shareholder as of the date of the approval, an offer to repurchase the shareholder's equity securities, with 25% of them to be repurchased in each of the four quarters following the approval date. In the alternative, the non-traded BDC shall obtain, at a special or annual meeting of shareholders or partners at which a quorum is present, the approval of the 150% reduction in requirements by more than 50% of the votes cast. A BDC may issue more than one class of senior security which is stock but only if it is issued to and held by a qualified institutional buyer. (Sec. 4) The SEC must revise various rules under the Securities Act of 1933, and related forms, so as to allow a BDC to use security offering rules (such as those enabling a registrant to be a Well Known Seasoned Issuer, use shelf offerings, and communicate directly with shareholders) which are available to other issuers who are required to file security issuance reports under the Securities Exchange Act of 1934. Should the SEC fail to complete such revisions in timely fashion, a BDC shall be entitled to treat those revisions as having been completed in accordance with the timetable set forth in this bill until the SEC does complete them.

Small Business Credit Availability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commodity Speculation Reform Act of 2008''. SEC. 2. AUTHORITY OF COMMODITY FUTURES TRADING COMMISSION TO ISSUE NO ACTION LETTERS. Section 2(a)(1) of the Commodity Exchange Act (7 U.S.C. 2(a)(1)) is amended by adding at the end the following: ``(G) Authority to issue no action letters to foreign boards of trade.-- ``(i) In general.--Except as provided in clause (ii), the Commission may not issue a no action letter to any foreign board of trade that lists a contract the price of which settles on the price of a contract traded on an exchange regulated by the Commission. ``(ii) Exception.--The Commission may issue a no action letter to a foreign board of trade described in clause (i) if the foreign board of trade provides to the Commission information and data accessibility the scope of which is comparable to the information and data accessibility provided to the Commission by entities under the jurisdiction of the Commission.''. SEC. 3. ADDITIONAL EMPLOYEES. Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 2(a)(7)) is amended by adding at the end the following: ``(D) Additional employees.--As soon as practicable after the date of enactment of this subparagraph, the Commission shall appoint at least 100 full-time employees (in addition to the employees employed by the Commission as of the date of enactment of this subparagraph) to assist in carrying out section 4a(a)(2).''. SEC. 4. TREATMENT OF PURCHASES OF CERTAIN COMMODITY FUTURES CONTRACTS AND FINANCIAL INSTRUMENTS. (a) In General.--Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended-- (1) by striking ``sec. 4a. (a) Excessive speculation'' and inserting the following: ``SEC. 4A. EXCESSIVE SPECULATION. ``(a) Burden on Interstate Commerce; Trading or Position Limits.-- ``(1) In general.--Excessive speculation and''; and (2) in subsection (a) (as amended by paragraph (1)), by adding at the end the following: ``(2) Treatment of purchases of certain commodity futures contracts and financial instruments.-- ``(A) Definitions.--In this paragraph: ``(i) Bona fide hedging transaction.-- ``(I) In general.--The term `bona fide hedging transaction' means a transaction that-- ``(aa) represents a substitute for a transaction to be made or a position to be taken at a later time in a physical marketing channel; ``(bb) is economically appropriate for the reduction of risks in the conduct and management of a commercial enterprise; and ``(cc) arises from the potential change in the value of-- ``(AA) assets that a person owns, produces, manufactures, possesses, or merchandises (or anticipates owning, producing, manufacturing, possessing, or merchandising); ``(BB) liabilities that a person incurs or anticipates incurring; or ``(CC) services that a person provides or purchases (or anticipates providing or purchasing). ``(II) Exclusion.--The term `bona fide hedging transaction' does not include a transaction entered into on a designated contract market for the purpose of offsetting a financial risk arising from an over-the-counter commodity derivative. ``(ii) Over-the-counter commodity derivative.--The term `over-the-counter commodity derivative' means any agreement, contract, or transaction that-- ``(I)(aa) is traded or executed in the United States; or ``(bb) is held by a person located in the United States; ``(II) is not traded on a designated contract market or derivatives transaction execution facility; and ``(III)(aa) is a put, call, cap, floor, collar, or similar option of any kind for the purchase or sale of, or substantially based on the value of, 1 or more qualifying commodities or an economic or financial index or measure of economic or financial risk primarily associated with 1 or more qualifying commodities; ``(bb) provides on an executory basis for the applicable transaction, on a fixed or contingent basis, of 1 or more payments substantially based on the value of 1 or more qualifying commodities or an economic or financial index or measure of economic or financial risk primarily associated with 1 or more qualifying commodities, and that transfers between the parties to the transaction, in whole or in part, the economic or financial risk associated with a future change in any such value without also conveying a current or future direct or indirect ownership interest in an asset or liability that incorporates the financial risk that is transferred; or ``(cc) is any combination or permutation of, or option on, any agreement, contract, or transaction described in item (aa) or (bb). ``(iii) Over-the-counter commodity derivative dealer.--The term `over-the-counter commodity derivative dealer' means a person that regularly offers to enter into, assume, offset, assign, or otherwise terminate positions in over-the-counter commodity derivatives with customers in the ordinary course of a trade or business of the person. ``(iv) Qualifying commodity.--The term `qualifying commodity' means-- ``(I) an agricultural commodity; and ``(II) an energy commodity. ``(B) Regulations.-- ``(i) In general.--Not later than 90 days after the date of enactment of this paragraph, in accordance with clauses (ii) and (iii), the Commission shall promulgate regulations to establish and enforce-- ``(I) speculative position limits for qualifying commodities; ``(II) a methodology-- ``(aa) to enable persons to aggregate the positions held or controlled by the persons on designated contract markets, on derivatives transaction execution facilities, and in over-the-counter commodity derivatives; and ``(bb) to ensure, to the maximum extent practicable, that the determinations made by the Commission with respect to each person examined under subparagraph (C) accurately reflect the net long and net short positions held or controlled by the person in the underlying qualifying commodity; and ``(III) information reporting rules to facilitate the monitoring and enforcement by the Commission of the speculative position limits established under subclause (I), including the monitoring of positions held in over- the-counter commodity derivatives. ``(ii) Applicability.-- ``(I) Position limits.--The speculative position limits established under clause (i)(I) shall apply to position limits that, with respect to each applicable position limit, expire during-- ``(aa) the spot month; ``(bb) each separate futures trading month (other than the spot month); or ``(cc) the sum of each trading month (including the spot month). ``(II) Sum of positions.--The speculative position limits established under clause (i)(I) shall apply to the sum of the positions held by a person-- ``(aa) on designated contract markets; ``(bb) on derivatives transaction execution facilities; and ``(cc) in over-the-counter commodity derivatives. ``(iii) Maximum level of position limits.-- In establishing the speculative position limits under clause (i)(I), the Commission shall set the speculative position limits at the minimum level practicable to ensure sufficient market liquidity for the conduct of bona fide hedging activities. ``(C) Prohibition relating to certain positions.-- ``(i) In general.--Notwithstanding any other provision of this Act, no person may hold or control a position, separately or in combination, net long or net short, for the purchase or sale of a commodity for future delivery or, on a futures-equivalent basis, any option, or an over-the-counter commodity derivative that exceeds a speculative position limit established by the Commission under subparagraph (B)(i)(I). ``(ii) Bona fide hedging transactions.--In determining whether the sum of a position held or controlled by a person has exceeded the applicable speculative position limit established by the Commission under subparagraph (B)(i)(I), the Commission shall not consider positions attributable to a bona fide hedging transaction. ``(iii) Determination of position limits for over-the-counter commodity derivative dealers.--To determine the position of an over- the-counter commodity derivative dealer, the sum of the positions held or controlled by the over-the-counter commodity derivative dealer shall be-- ``(I) calculated on the last day of each month; and ``(II) considered, for the monthly period covered by the determination, to be the average daily net position held or controlled by the over-the-counter commodity derivative dealer for the period beginning on the first day of the month and ending on the last day of the month.''. (b) Reports.-- (1) Necessary additional funding.--Not later than 45 days after the date of enactment of this Act, the Commodity Futures Trading Commission (referred to in this subsection as the ``Commission'') shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate a report providing the recommendations of the Commission for any additional funding that the Commission considers to be necessary to carry out the amendments made by subsection (a), including funding for additional staffing and technological needs. (2) Speculative activity trends.-- (A) Study.--The Commission shall conduct a study-- (i) to identify trends in speculative activity relating to metals; and (ii) to determine whether the authority of the Commission under section 4a(a)(2) of the Commodity Exchange Act (7 U.S.C. 6a(a)(2)) (as added by subsection (a)(2)) should be extended to cover the trading of metals. (B) Report.--Not later than 180 days after the date of enactment of this Act, the Commission shall submit a report containing the results of the study conducted under subparagraph (A) to-- (i) the Committee on Agriculture of the House of Representatives; (ii) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (iii) the Committee on Homeland Security and Governmental Affairs of the Senate. (3) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection.

Commodity Speculation Reform Act of 2008 - Amends the Commodity Exchange Act to prohibit the Commodity Futures Trading Commission (CFTC) from issuing a no action letter to any foreign board of trade that lists a contract whose price settles on the price of a contract traded on an exchange regulated by the CFTC, unless the foreign board provides the CFTC with information and data accessibility comparable to those provided the CFTC by entities under its jurisdiction. Directs the CFTC to: (1) promulgate regulations to establish and enforce speculative position limits for qualifying commodities, a methodology for aggregating specified positions, and information reporting rules to facilitate monitoring and enforcement of speculative position limits and over-the-counter commodity derivatives; and (2) appoint at least 100 additional full-time employees to assist in carrying out such requirements. Prohibits a person from holding or controlling a position, separately or in combination, net long or net short, for the purchase or sale of a commodity for future delivery or, on a futures-equivalent basis, any option, or an over-the-counter commodity derivative that exceeds CFTC speculative position limits. Instructs the CFTC to study and report to certain congressional committees regarding: (1) trends in speculative activity relating to metals; and (2) possible extension of CFTC authority to cover trading of metals.

A bill to amend the Commodity Exchange Act to clarify the treatment of purchases of certain commodity futures contracts and financial instruments with respect to limits established by the Commodity Futures Trading Commission relating to excessive speculation, and for other purposes.

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Driver's Privacy Protection Act of 1993''. (b) Purpose.--The purpose of this Act is to protect the personal privacy and safety of licensed drivers consistent with the legitimate needs of business and government. SEC. 2. AMENDMENT TO TITLE 18, UNITED STATES CODE. Title 18 of the United States Code is amended by inserting immediately after chapter 121, the following new chapter: ``CHAPTER 122--PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION ``Sec. 2720. Prohibition on release of certain personal information. ``Sec. 2721. Unlawful use of personal information. ``Sec. 2722. Definitions. ``Sec. 2723. Penalties. ``Sec. 2724. Effect on State and local laws. ``Sec. 2720. Prohibition on release of certain personal information ``(a) Disclosure.--It is unlawful for any department of motor vehicles of any State or any other person or organization to disclose or obtain, except as authorized by this chapter, personal information about any individual obtained by such department in connection with a motor vehicle operator's permit, motor vehicle title, identification card, or motor vehicle registration issued by the department to that individual, unless such individual has authorized such disclosure. ``(b) Exceptions.--It is not unlawful to disclose or obtain personal information, otherwise unlawful under this chapter, for any of the following routine uses if the person receiving such information has certified to the Department that the information will be used only for one of the specified permissible purposes: ``(1) For the use of any Federal, State or local court in carrying out its functions. ``(2) For the use of any Federal, State or local agency in carrying out its functions, including a law enforcement agency. ``(3) For the use in connection with matters of automobile and driver safety, including manufacturers of motor vehicles conducting a recall of motor vehicles. ``(4) For the use in any civil or criminal proceeding in any Federal, State or local court, if such proceeding involves a motor vehicle. ``(5) For use in research activities, if the motor vehicle department determines that such information will not be used to contact the individual and that individual is not identified or associated with the requested personal information. ``(6) For use in marketing activities if the motor vehicle department-- ``(A) has provided the individual with regard to whom the information is requested with the opportunity, in a clear and conspicuous manner, to prohibit a disclosure of such information for marketing activities; ``(B) has received assurances that the information will be used, rented, or sold solely for a permissible use under this chapter, including marketing activities; and ``(C) has received assurances from any person purchasing such information from a motor vehicle department for marketing purposes that such person will keep complete records identifying any person to whom they sell or rent the information and the permissible purpose for which the purchaser will use the information. ``(7) For use by any insurer or insurance support organization, or their employees, agents, and contractors, in connection with claims investigation activities and antifraud activities. ``(8) For use by any organization, or its agent, in connection with a business transaction, when the purpose is to verify the accuracy of personal information submitted to that business or agent by the person to whom such information pertains, or, if the information submitted is not accurate, to obtain correct information for the purpose of pursuing remedies against a person who provided false information or presented a check or similar item that was not honored. ``(9)(A) For use by any organization, if such organization has certified that it has obtained a statement from the person to whom the information pertains authorizing the disclosure of such information under this chapter in accordance with an agreement entered into pursuant to subparagraph (B). ``(B) Any motor vehicle department of a State is authorized to enter into an agreement with any organization under subparagraph (A) pursuant to which the motor vehicle department may subsequently release information to that organization on the basis of a certification that the entity has obtained or will have obtained consent from the individual to whom the information pertains to obtain such personal information from the State motor vehicle department. ``Sec. 2721. Unlawful use of personal information ``(a) Unlawful Acts by State Motor Vehicle Departments, Organizations or Persons.--It is unlawful for any State motor vehicle department or organization or person to disclose, sell or otherwise make available, or use personal information about any individual referred to in section 2720 except in accordance with this chapter. ``(b) Unlawful Acts by Persons or Organizations.--It is unlawful for any person or organization-- ``(1) to make any false representation to obtain personal information from a department of motor vehicles of any State or other person about any individual referred to in section 2720; or ``(2) to use personal information obtained from any department of motor vehicles of any State or other person for any purpose other than as requested by that person or organization, or other than the purpose for which such information was disclosed. ``(c) Exception.--The prohibition referred to in subsection (a) of section 2720 and subsections (a) and (b) of this section shall not apply to any person to whom the information pertains. ``Sec. 2722. Definitions ``As used in this chapter: ``(1) The term `personal information' includes an individual's photograph, driver's identification number, name, address, telephone number, social security number, and medical and disability information. Such term does not include information on vehicular accidents, driving violations, and driver's status. ``(2) The term `person' means any individual. ``(3) The term `State' means each of the several States, District of Columbia, Commonwealth of Puerto Rico, Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(4) The term `organization' means any person other than an individual, including but not limited to, a corporation, association, institution, a car rental agency, employer, and insurers, insurance support organization, and their employees, agents, or contractors. ``Sec. 2723. Penalties ``(a) Willful Violations.-- ``(1) Any person who willfully violates this chapter shall be fined under this title, or imprisoned for a period not exceeding 12 months, or both. ``(2) Any organization who willfully violates this chapter shall be fined under this title. ``(b) Nonwillful Violations.--Any person or organization who violates this chapter, other than a willful violation, shall be subject to a civil penalty in an amount not to exceed $5,000. ``(c) Violations by State Department of Motor Vehicles.--Any State department of motor vehicles which willfully violates this chapter shall be subject to a civil penalty in the amount of $10,000. Each day of continued noncompliance shall constitute a separate violation. ``Sec. 2724. Effect on State and local laws ``The provisions of this chapter shall supersede only those provisions of law of any State or local government which would require or permit the disclosure or use of personal information which is otherwise prohibited by this chapter.''. Sec. 3. The amendments made by this Act shall take effect upon the expiration of the 270-day period following the date of its enactment.

Driver's Privacy Protection Act of 1993 - Amends the Federal criminal code to prohibit the release of personal information about any individual obtained by a State department of motor vehicles (DMV) in connection with a motor vehicle operator's permit, title, identification card, or registration, unless such individual has authorized such disclosure. Makes exceptions for specified routine uses if the person receiving the information has certified that the information will be used only for one of the specified permissible purposes, including use: (1) by any Federal, State, or local court or agency in carrying out its functions; (2) in connection with matters of automobile and driver safety, in any civil or criminal proceeding involving a motor vehicle, and in research or marketing activities; and (3) by any insurer in connection with claims investigation and antifraud activities. Prohibits (with exceptions): (1) a State motor vehicle department, organization, or person from disclosing, selling, or otherwise making available or using such personal information, except in accordance with this Act; and (2) any person or organization from making any false representation to obtain personal information about any such individual from a State DMV or other person or using personal information obtained from State DMV or other person for any purpose other than as requested by that person or organization, or other than the purpose for which such information was disclosed. Sets penalties for willful and nonwillful violations by individuals, organizations, and DMVs.

Driver's Privacy Protection Act of 1993

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

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

Video Game Rating Act of 1994

SECTION 1. INCREASE IN CONTRIBUTION LIMITS AND AMOUNTS AT WHICH PHASE OUT OF DEDUCTION BEGINS FOR INDIVIDUAL RETIREMENT ACCOUNT CONTRIBUTIONS. (a) Increase in Maximum Amount of Contribution to Individual Retirement Accounts.-- (1) In general.--Subparagraph (A) of section 219(b)(1) of the Internal Revenue Code of 1986 (relating to maximum amount of deduction) is amended by striking ``$2,000'' and inserting ``the applicable amount''. (2) Applicable amount.--Subsection (b) of section 219 of such Code is amended by adding at the end the following new paragraph: ``(5) Applicable amount.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable amount' means-- ``(i) for any taxable year beginning in 1999, $2,500, ``(ii) for any taxable year beginning after 1999 and before 2008, the applicable amount determined under this paragraph for the preceding taxable year, increased by $500, and ``(iii) for any taxable year beginning after 2007, $7,000. ``(B) Inflation adjustment.--In the case of a taxable year beginning in a calendar year after 2008, the $7,000 amount contained in subparagraph (A)(iii) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.'' (b) Increase of Amounts at Which Phase-out of Deduction for IRA Contributions Begins.-- (1) In general.--Clauses (i) and (ii) of section 219(g)(3)(B) of such Code (relating to limitation on deduction for active participants in certain pension plans) are amended to read as follows: ``(i) In the case of a taxpayer filing a joint return-- ``(I) for taxable years beginning in 1999, $60,000, ``(II) for taxable years beginning after 1999 and before 2004, the applicable dollar amount determined under this subclause for the preceding taxable year, increased by $10,000, and ``(III) for taxable years beginning after 2003, $110,000. ``(ii) In the case of any other taxpayer (other than a married individual filing a separate return)-- ``(I) for taxable years beginning in 1999, $40,000, ``(II) for taxable years beginning after 1999 and before 2004, the applicable dollar amount determined under this subclause for the preceding taxable year, increased by $5,000, and ``(III) for taxable years beginning after 2003, $60,000.'' (2) Inflation adjustment.--Paragraph (3) of section 219(g) of such Code is amended by adding at the end the following new subparagraph: ``(C) Inflation adjustment.--In the case of a taxable year beginning in a calendar year after 2004, the $110,000 amount contained in subparagraph (B)(i)(III) and the $60,000 amount contained in subparagraph (B)(ii)(III) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2003' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.'' (c) Conforming Amendments.-- (1) Paragraph (1) of section 408(a) of such Code is amended by striking ``$2,000'' and inserting ``the applicable amount (as in effect under section 219(b) for such taxable year)''. (2) Subparagraph (B) of section 408(b)(2) of such Code is amended by striking ``$2,000'' and inserting ``the applicable amount in effect under section 219(b) for the taxable year of such individual''. (3) Subsection (b) of section 408 of such Code is amended in the last sentence by striking `$2,000'' and inserting ``the applicable amount in effect under section 219(b) for such taxable year''. (4) Subparagraph (A) of section 408(d)(5) of such Code is amended by striking ``dollar amount'' and inserting ``applicable amount''. (5) Subsection (j) of section 408 of such Code is amended by striking ``$2,000'' and inserting ``applicable''. (6) Paragraph (8) of section 408(p) of such Code is amended by striking ``$2,000'' and inserting ``the dollar limitation in effect under section 219(b)(1)(A)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 2. PENALTY-FREE DISTRIBUTIONS. (a) Penalty-Free Distributions for First Homes and Higher Education Extended to Certain Plans.-- (1) Subparagraphs (E) and (F) of section 72(t)(2) of the Internal Revenue Code of 1986 are each amended by inserting ``, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii),'' after ``individual retirement plan''. (2) The heading of subparagraph (E) of section 72(t)(2) of such Code is amended by striking ``individual retirement plans'' and inserting ``certain''. (b) Penalty-Free Distributions for Certain Unemployed Individuals Not Limited to Health Insurance Costs and Allowed From 401(k) Plans, Etc.--Subparagraph (D) of section 72(t)(2) of such Code is amended-- (1) in clause (i), by inserting ``, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii),'' after ``individual retirement plan'', (2) in clause (i), by inserting ``and'' at the end of subclause (I), by striking ``, and'' at the end of subclause (II) and inserting a period, and by striking subclause (III), and (3) by striking ``for health insurance premiums'' in the subparagraph heading. (c) Unlimited Penalty-Free Distributions for Medical Care and Expanded Definition of Dependents for Purposes of Such Distributions.-- Subparagraph (B) of section 72(t)(2) of such Code is amended by striking ``medical care'' and all that follows and inserting ``medical care, determined-- ``(i) without regard to whether the employee itemizes deductions for such taxable year, and ``(ii) in the case of a distribution from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii)-- ``(I) without regard to whether or not such expenses exceed 7.5 percent of adjusted gross income, and ``(II) by treating an individual's dependents as including all children and grandchildren of the individual (or of such individual's spouse), and all ancestors of the individual (or of such individual's spouse).'' (d) Effective Date.--The amendments made by this section shall apply to payments and distributions in taxable years beginning after December 31, 1998.

Amends the Internal Revenue Code to increase the: (1) maximum deduction for individual retirement account contributions; and (2) income amount at which phase-out of that deduction begins. Exempts certain retirement account distributions (first homes, higher education expenses, unemployment, and medical) from the early distribution penalty.

To amend the Internal Revenue Code of 1986 to increase the maximum amount of contributions to individual retirement accounts and the amounts of adjusted gross income at which the IRA deduction phases out for active participants in pension plans, and to allow penalty-free distributions from individual retirement accounts and 401(k) plans for certain purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act'' or the ``PREEMIE Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Premature birth is a serious and growing problem. The rate of preterm birth increased 27 percent between 1982 and 2002 (from 9.4 percent to 11.9 percent). In 2002, more than 480,000 babies were born prematurely in the United States. (2) Preterm birth accounts for 24 percent of deaths in the first month of life. (3) Premature infants are 14 times more likely to die in the first year of life. (4) Premature babies who survive may suffer lifelong consequences, including cerebral palsy, mental retardation, chronic lung disease, and vision and hearing loss. (5) Preterm and low birthweight birth is a significant financial burden in health care. The estimated charges for hospital stays for infants with any diagnosis of prematurity/ low birthweight were $15,000,000,000 in 2002. The average lifetime medical costs of a premature baby are conservatively estimated at $500,000. (6) The proportion of preterm infants born to African- American mothers (17.3 percent) was significantly higher compared to the rate of infants born to white mothers (10.6 percent). Prematurity or low birthweight is the leading cause of death for African-American infants. (7) The cause of approximately half of all premature births is unknown. (8) Women who smoke during pregnancy are twice as likely as nonsmokers to give birth to a low birthweight baby. Babies born to smokers weigh, on average, 200 grams less than nonsmokers' babies. (9) To reduce the rates of preterm labor and delivery more research is needed on the underlying causes of preterm delivery, the development of treatments for prevention of preterm birth, and treatments improving outcomes for infants born preterm. (b) Purposes.--It is the purpose of this Act to-- (1) reduce rates of preterm labor and delivery; (2) work toward an evidence-based standard of care for pregnant women at risk of preterm labor or other serious complications, and for infants born preterm and at a low birthweight; and (3) reduce infant mortality and disabilities caused by prematurity. SEC. 3. RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND THE CARE, TREATMENT, AND OUTCOMES OF PRETERM AND LOW BIRTHWEIGHT INFANTS. (a) General Expansion of NIH Research.--Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409J. EXPANSION AND COORDINATION OF RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND INFANT MORTALITY. ``(a) In General.--The Director of NIH shall expand, intensify, and coordinate the activities of the National Institutes of Health with respect to research on the causes of preterm labor and delivery, infant mortality, and improving the care and treatment of preterm and low birthweight infants. ``(b) Authorization of Research Networks.--There shall be established within the National Institutes of Health a Maternal-Fetal Medicine Units Network and a Neonatal Research Units Network. In complying with this subsection, the Director of NIH shall utilize existing networks. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2006 through 2010.''. (b) General Expansion of CDC Research.--Section 301 of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``(e) The Director of the Centers for Disease Control and Prevention shall expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with respect to preterm labor and delivery and infant mortality.''. (c) Study on Assisted Reproduction Technologies.--Section 1004(c) of the Children's Health Act of 2000 (Public Law 106-310) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(4) consider the impact of assisted reproduction technologies on the mother's and children's health and development.''. (d) Study on Relationship Between Prematurity and Birth Defects.-- (1) In general.--The Director of the Centers for Disease Control and Prevention shall conduct a study on the relationship between prematurity, birth defects, and developmental disabilities. (2) Report.--Not later than 2 year after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of Congress a report concerning the results of the study conducted under paragraph (1). (e) Review of Pregnancy Risk Assessment Monitoring Survey.--The Director of the Centers for Disease Control and Prevention shall conduct a review of the Pregnancy Risk Assessment Monitoring Survey to ensure that the Survey includes information relative to medical care and intervention received, in order to track pregnancy outcomes and reduce instances of preterm birth. (f) Study on the Health and Economic Consequences of Preterm Birth.-- (1) In general.--The Director of the National Institutes of Health in conjunction with the Director of the Centers for Disease Control and Prevention shall enter into a contract with the Institute of Medicine of the National Academy of Sciences for the conduct of a study to define and address the health and economic consequences of preterm birth. In conducting the study, the Institute of Medicine shall-- (A) review and assess the epidemiology of premature birth and low birthweight, and the associated maternal and child health effects in the United States, with attention paid to categories of gestational age, plurality, maternal age, and racial or ethnic disparities; (B) review and describe the spectrum of short and long-term disability and health-related quality of life associated with premature births and the impact on maternal health, health care and quality of life, family employment, caregiver issues, and other social and financial burdens; (C) assess the direct and indirect costs associated with premature birth, including morbidity, disability, and mortality; (D) identify gaps and provide recommendations for feasible systems of monitoring and assessing associated economic and quality of life burdens associated with prematurity; (E) explore the implications of the burden of premature births for national health policy; (F) identify community outreach models that are effective in decreasing prematurity rates in communities; (G) consider options for addressing, as appropriate, the allocation of public funds to biomedical and behavioral research, the costs and benefits of preventive interventions, public health, and access to health care; and (H) provide recommendations on best practices and interventions to prevent premature birth, as well as the most promising areas of research to further prevention efforts. (2) Report.--Not later than 1 year after the date on which the contract is entered into under paragraph (1), the Institute of Medicine shall submit to the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, and the appropriate committees of Congress a report concerning the results of the study conducted under such paragraph. (g) Evaluation of National Core Performance Measures.-- (1) In general.--The Administrator of the Health Resources and Services Administration shall conduct an assessment of the current national core performance measures and national core outcome measures utilized under the Maternal and Child Health Block Grant under title V of the Social Security Act (42 U.S.C. 701 et seq.) for purposes of expanding such measures to include some of the known risk factors of low birthweight and prematurity, including the percentage of infants born to pregnant women who smoked during pregnancy. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration shall submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under paragraph (1). SEC. 4. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES. ``(a) In General.--The Secretary, directly or through the awarding of grants to public or private nonprofit entities, shall conduct a demonstration project to improve the provision of information on prematurity to health professionals and other health care providers and the public. ``(b) Activities.--Activities to be carried out under the demonstration project under subsection (a) shall include the establishment of programs-- ``(1) to provide information and education to health professionals, other health care providers, and the public concerning-- ``(A) the signs of preterm labor, updated as new research results become available; ``(B) the screening for and the treating of infections; ``(C) counseling on optimal weight and good nutrition, including folic acid; ``(D) smoking cessation education and counseling; and ``(E) stress management; and ``(2) to improve the treatment and outcomes for babies born premature, including the use of evidence-based standards of care by health care professionals for pregnant women at risk of preterm labor or other serious complications and for infants born preterm and at a low birthweight. ``(c) Requirement.--Any program or activity funded under this section shall be evidence-based. ``(d) Nicu Family Support Programs.--The Secretary shall conduct, through the awarding of grants to public and nonprofit private entities, projects to respond to the emotional and informational needs of families during the stay of an infant in a neonatal intensive care unit, during the transition of the infant to the home, and in the event of a newborn death. Activities under such projects may include providing books and videos to families that provide information about the neonatal intensive care unit experience, and providing direct services that provide emotional support within the neonatal intensive care unit setting. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2006 through 2010.''. SEC. 5. INTERAGENCY COORDINATING COUNCIL ON PREMATURITY AND LOW BIRTHWEIGHT. (a) Purpose.--It is the purpose of this section to stimulate multidisciplinary research, scientific exchange, and collaboration among the agencies of the Department of Health and Human Services and to assist the Department in targeting efforts to achieve the greatest advances toward the goal of reducing prematurity and low birthweight. (b) Establishment.--The Secretary of Health and Human Services shall establish an Interagency Coordinating Council on Prematurity and Low Birthweight (referred to in this section as the Council) to carry out the purpose of this section. (c) Composition.--The Council shall be composed of members to be appointed by the Secretary, including representatives of-- (1) the agencies of the Department of Health and Human Services; and (2) voluntary health care organizations, including grassroots advocacy organizations, providers of specialty obstetrical and pediatric care, and researcher organizations. (d) Activities.--The Council shall-- (1) annually report to the Secretary of Health and Human Services on current Departmental activities relating to prematurity and low birthweight; (2) plan and hold a conference on prematurity and low birthweight under the sponsorship of the Surgeon General; (3) establish a consensus research plan for the Department of Health and Human Services on prematurity and low birthweight; (4) report to the Secretary of Health and Human Services and the appropriate committees of Congress on recommendations derived from the conference held under paragraph (2) and on the status of Departmental research activities concerning prematurity and low birthweight; (5) carry out other activities determined appropriate by the Secretary of Health and Human Services; and (6) oversee the coordination of the implementation of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, such sums as may be necessary for each of fiscal years 2006 through 2010.

Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or PREEMIE Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand and coordinate NIH research on preterm labor and delivery, infant mortality, and low birthweight infants. Establishes the Maternal-Fetal Medicine Units Network and the Neonatal Research Units Network within NIH. Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) expand and coordinate CDC activities on preterm labor and delivery and infant mortality; (2) conduct a study on the relationship between prematurity, birth defects, and developmental disabilities; and (3) review the Pregnancy Risk Assessment Monitoring Survey. Requires the National Institute of Child Health and Human Development's national longitudinal study of environmental influences on children's health and development to consider the impact of assisted reproduction technologies. Requires the Director of NIH to contract with the Institute of Medicine to study the health and economic consequences of preterm birth. Directs the Administrator of the Health Resources and Services Administration (HRSA) to assess certain core performance and outcome measures utilized under the Social Security Act for purposes of expanding such measures to include known risk factors of low birthweight and prematurity. Requires the Secretary of Health and Human Services to: (1) conduct a demonstration project to improve the provision of information on prematurity to health professionals and the public; (2) conduct projects to support the informational and emotional needs of families during the stay of an infant in a neonatal intensive care unit, during the transition of the infant to the home, and in the event of a newborn death; and (3) establish an Interagency Coordinating Council on Prematurity and Low Birthweight.

To reduce preterm labor and delivery and the risk of pregnancy-related deaths and complications due to pregnancy, and to reduce infant mortality caused by prematurity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Repeatedly Flooded Communities Preparation Act''. SEC. 2. COMMUNITY ACCOUNTABILITY FOR REPETITIVELY FLOODED AREAS. (a) In General.--Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102) is amended by adding at the end the following: ``(e) Community Accountability for Repeatedly Damaged Areas.-- ``(1) Definitions.--In this subsection-- ``(A) the term `covered community' means a community-- ``(i) that is participating in the national flood insurance program under section 1315; and ``(ii) within which are located-- ``(I) not fewer than 50 repetitive loss structures with respect to each of which, during any 10-year period, there have been not fewer than 2 claims for payments under flood insurance coverage for a total amount that is more than $1,000; ``(II) not fewer than 5 severe repetitive loss structures for which mitigation activities meeting the standards for approval under section 1366(c)(2)(A) have not been conducted; or ``(III) a public facility or a private nonprofit facility that has received assistance for repair, restoration, reconstruction, or replacement under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) relating to more than 1 flooding event during the most recent 10-year period; ``(B) the terms `private nonprofit facility' and `public facility' have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); and ``(C) the term `severe repetitive loss structure' has the meaning given the term in section 1366(h). ``(2) Requirements for covered communities.--The Administrator shall, by regulation, require a covered community to-- ``(A) determine the areas within the covered community in which properties described in paragraph (1)(A)(ii) or flood-damaged facilities are located in order to identify areas that are repeatedly damaged by floods; ``(B) assess, with assistance from the Administrator, the continuing risks to the repeatedly damaged areas identified under subparagraph (A); ``(C) develop a community-specific plan for mitigating continuing flood risks to the repeatedly damaged areas identified under subparagraph (A); ``(D) submit the plan described in subparagraph (C) and any plan updates to the Administrator at appropriate intervals; ``(E) implement the plan described in subparagraph (C); and ``(F) subject to section 552a of title 5, United States Code, make the plan described in subparagraph (C), any updates to the plan, and reports on progress in reducing flood risk available to the public. ``(3) Incorporation into existing plans.--A covered community may incorporate a plan developed under paragraph (2)(C) into a mitigation plan developed under-- ``(A) section 1366; and ``(B) section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165). ``(4) Assistance to communities.-- ``(A) Data.--To assist a covered community in developing a plan required under paragraph (2)(C), the Administrator shall, upon request, provide a covered community with appropriate data regarding the property addresses and dates of claims associated with insured properties within the covered community. ``(B) Mitigation grants.--In making a determination regarding financial assistance under this Act, the Administrator may consider the extent to which a covered community-- ``(i) has complied with this subsection; and ``(ii) is working to remedy problems with respect to repeatedly flooded areas. ``(5) Sanctions.-- ``(A) In general.--The Administrator may, by regulations issued in accordance with the procedures required under section 553 of title 5, United States Code, impose appropriate sanctions on a covered community that fails to-- ``(i) comply with this subsection; or ``(ii) make sufficient progress in reducing the flood risks to areas in the covered community that are repeatedly damaged by floods. ``(B) Suspension and probation.--The sanctions described in subparagraph (A) may include suspension from the national flood insurance program or probation under that program, as provided under section 59.24 of title 44, Code of Federal Regulations. ``(C) Notice.-- ``(i) In general.--Before imposing any sanctions under this paragraph, the Administrator shall provide the covered community that is subject to the sanctions with notice of the violation that may subject the covered community to the sanctions. ``(ii) Contents.--The notice required under clause (i) shall include recommendations for actions that the covered community receiving the notice may take in order to bring the covered community into compliance. ``(D) Considerations.--In determining appropriate sanctions to impose under this paragraph, the Administrator shall consider the resources available to the covered community that is subject to the sanctions, including-- ``(i) any Federal funding received by the covered community; ``(ii) the portion of the covered community that lies within an area having special flood hazards; and ``(iii) any other factor that makes it difficult for the covered community to conduct mitigation activities for flood-prone structures. ``(6) Reports to congress.--Not later than 6 years after the date of enactment of this subsection, and not less frequently than once every 2 years thereafter, the Administrator shall submit to Congress a report regarding the progress made by covered communities with respect to implementing plans developed under paragraph (2)(C).''. (b) Regulations.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue regulations necessary to carry out subsection (e) of section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102), as added by subsection (a) of this section.

Repeatedly Flooded Communities Preparation Act This bill amends the National Flood Insurance Act of 1968 to require a community that participates in the National Flood Insurance Program and has been repeatedly flooded, as specified by the bill, to: (1) assess the continuing risks to community areas repeatedly damaged by floods; and (2) develop and implement a publicly available, community-specific plan for mitigating continuing flood risks to such areas. The Federal Emergency Management Agency (FEMA) must, upon request, provide a community with appropriate data to assist in preparation of the required plan. In making decisions with respect to awarding mitigation grants under the Act, FEMA may consider the extent to which a community has complied with these requirements and is working to remedy problems with repeatedly flooded areas. A community that does not comply with these requirements may be subject to appropriate sanctions, including suspension from the National Flood Insurance Program.

Repeatedly Flooded Communities Preparation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dollar-for-Dollar Deficit Reduction Act''. SEC. 2. AMENDMENT TO TITLE 31. (a) In General.--Subchapter I of chapter 31 of title 31, United States Code, is amended by inserting after section 3101A the following: ``Sec. 3101B. Debt limit control ``(a) Declaration of a Debt Limit Warning.-- ``(1) In general.--In the event of a near breach of the public debt limit established by section 3101, the Secretary of the Treasury shall issue a debt limit warning to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that shall include a determination as to when extraordinary measures may be necessary in order to prolong the funding of the United States Government. ``(2) Definitions.--In this subsection: ``(A) Extraordinary measures.--The term `extraordinary measures' means measures that may be taken by the Secretary of the Treasury in the event of a breach of the debt limit by the United States to prolong the function of the United States Government in the absence of a debt limit increase. ``(B) Near breach.--The term `near breach' means the point at which the Secretary of the Treasury determines that the United States Government will reach the statutorily prescribed debt limit within 60 calendar days notwithstanding the implementation of extraordinary measures. ``(b) Presidential Submission of Debt Limit Legislation.-- ``(1) Savings recommendations from the president.--Any formal Presidential request to increase the debt limit under this section shall include the amount of the proposed debt limit increase and be accompanied by proposed legislation to reduce spending over the sum of the current and following 10 years by an amount equal to or greater than the amount of the requested debt limit increase. Net interest savings may not be counted towards spending reductions required by this paragraph. ``(2) Calculation.--The spending savings under paragraph (1) shall be calculated against a budget baseline consistent with section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985. This baseline shall exclude the extrapolation of any spending that had been enacted under an emergency designation.''. (b) Subchapter Analysis.--The table of sections for chapter 31 of title 31, United States Code, is amended by inserting after the item for section 3101A the following: ``3101B. Debt limit control.''. SEC. 3. CONGRESSIONAL REQUIREMENT TO RESTRAIN SPENDING WHILE RAISING THE DEBT LIMIT. (a) In General.--Title III of the Congress and Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended by inserting at the end the following: ``SEC. 316. DEBT LIMIT INCREASE POINT OF ORDER. ``(a) In General.-- ``(1) Point of order.--Except as provided in subsection (b), it shall not be in order in the Senate or the House of Representatives to consider any bill, joint resolution, amendment, motion, or conference report that increases the statutory debt limit unless the bill contains net spending reductions of an equal or greater amount over the sum of the current and next 10 fiscal years. Net interest savings may not be counted towards spending reductions required by this paragraph. ``(2) Components of net spending reduction.-- ``(A) Calculation.--The savings resulting from the proposed spending reductions under paragraph (1) shall be calculated by the Congressional Budget Office against a budget baseline consistent with section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985. This baseline shall exclude the extrapolation of any spending that had been enacted under an emergency designation. ``(B) Availability.--The Senate and the House of Representatives may not vote on any bill, joint resolution, amendment, motion, or conference report that increases the public debt limit unless the cost estimate of that measure prepared by the Congressional Budget Office has been publicly available on the Web site of the Congressional Budget Office for at least 24 hours. ``(C) Prohibit timing shifts.--Any provision that shifts outlays or revenues from within the 10-year window to outside the window shall not count towards the budget savings target for purposes of this subsection. ``(b) Senate Supermajority Waiver and Appeal.-- ``(1) Waiver.--In the Senate, subsection (a)(1) may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. ``(2) Appeal.--An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a)(1).''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after section 315 the following new item: ``Sec. 316. Debt limit increase point of order.''.

Dollar-for-Dollar Deficit Reduction Act This bill requires the Department of the Treasury to issue a debt limit warning to Congress if Treasury determines that the United States will reach the statutory debt limit within 60 days. The warning must include a determination of when extraordinary measures may be necessary to prolong the funding of the U.S. government in the absence of a debt limit increase. Any formal Presidential request to increase the debt limit must include: (1) the amount of the proposed increase, and (2) proposed legislation to reduce spending over the sum of the current and following 10 years by at least the amount of the requested increase. The bill amends the Congressional Budget Act of 1974 to create a point of order in the House and Senate against legislation increasing the debt limit, unless the legislation reduces spending over the sum of the current and following 10 years by at least the amount of the increase.

Dollar-for-Dollar Deficit Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Upper Missisquoi and Trout Wild and Scenic Rivers Act''. SEC. 2. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(208) Missisquoi river and trout river, vermont.--The following segments in the State of Vermont, to be administered by the Secretary of the Interior as a recreational river: ``(A) The 20.5-mile segment of the Missisquoi River from the Lowell/Westfield town line to the Canadian border in North Troy, excluding the property and project boundary of the Troy and North Troy hydroelectric facilities. ``(B) The 14.6-mile segment of the Missisquoi River from the Canadian border in Richford to the upstream project boundary of the Enosburg Falls hydroelectric facility in Sampsonville. ``(C) The 11-mile segment of the Trout River from the confluence of the Jay and Wade Brooks in Montgomery to where the Trout River joins the Missisquoi River in East Berkshire.''. SEC. 3. MANAGEMENT. (a) Management.-- (1) In general.--The river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) shall be managed in accordance with-- (A) the Upper Missisquoi and Trout Rivers Management Plan developed during the study described in section 5(b)(19) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)(19)) (referred to in this section as the ``management plan''); and (B) such amendments to the management plan as the Secretary determines are consistent with this Act and as are approved by the Upper Missisquoi and Trout Rivers Wild and Scenic Committee (referred to in this section as the ``Committee''). (2) Comprehensive management plan.--The management plan, as finalized in March 2013, and as amended, shall be considered to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b) Committee.--The Secretary shall coordinate management responsibility of the Secretary of the Interior under this Act with the Committee, as specified in the management plan. (c) Cooperative Agreements.-- (1) In general.--In order to provide for the long-term protection, preservation, and enhancement of the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the Secretary of the Interior may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) (16 U.S.C. 1281(e), 1282(b)(1)) of the Wild and Scenic Rivers Act with-- (A) the State of Vermont; (B) the municipalities of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield; and (C) appropriate local, regional, statewide, or multi-state planning or recreational organizations consistent with the management plan. (2) Consistency.--Each cooperative agreement entered into under this section shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Effect on Existing Hydroelectric Facilities.-- (1) In general.--The designation of the river segments by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), does not-- (A) preclude, prohibit, or restrict the Federal Energy Regulatory Commission from licensing, relicensing, or otherwise authorizing the operation or continued operation of the Troy Hydroelectric, North Troy, or Enosburg Falls hydroelectric project under the terms of licenses or exemptions in effect on the date of enactment of this Act; or (B) limit modernization, upgrade, or other changes to the projects described in paragraph (1). (2) Hydropower proceedings.--Resource protection, mitigation, or enhancement measures required by Federal Energy Regulatory Commission hydropower proceedings-- (A) shall not be considered to be project works for purposes of this Act; and (B) may be located within the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)). (e) Land Management.-- (1) Zoning ordinances.--For the purpose of the segments designated in paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the zoning ordinances adopted by the towns of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield in the State of Vermont, including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, shall be considered to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisitions of land.--The authority of the Secretary to acquire land for the purposes of the segments designated in paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) shall be-- (A) limited to acquisition by donation or exchange; and (B) subject to the additional criteria set forth in the management plan. (3) No condemnation.--The Secretary of the Interior may not acquire by condemnation any land or interest in land within the boundaries of the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)). (4) Written consent of owner required.--No private property or non-Federal public property shall be included within the boundaries of the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) without the written consent of the owner of that property. (f) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Missisquoi and Trout Rivers shall not be administered as part of the National Park System or be subject to regulations that govern the National Park System. (g) No Buffer Zone Created.--Nothing in this Act or the Upper Missisquoi and Trout Rivers Management Plan shall be construed to create buffer zones outside the designated river segment boundaries designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)). That activities or uses can be seen, heard, or detected from areas within the designated river segments shall not preclude, limit, control, regulate or determine the conduct of management of activities or uses outside those designated river segments. Passed the House of Representatives September 15, 2014. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on June 30, 2014. Upper Missisquoi and Trout Wild and Scenic Rivers Act - (Sec. 2) Amends the Wild and Scenic Rivers Act to designate specified segments of the Missisquoi River and Trout River in Vermont as components of the National Wild and Scenic Rivers System. (Sec. 3) Requires the river segments designated by this Act to be managed in accordance with the Upper Missisquoi and Trout Rivers Management Plan and any amendments meeting certain criteria. Requires the Secretary of the Interior to coordinate the management responsibilities with the Upper Missisquoi and Trout Rivers Wild and Scenic Committee. Authorizes the Secretary to enter into cooperative agreements for the protection, preservation, and enhancement of the river segments with: (1) the state of Vermont; (2) specific municipalities; and (3) local, regional, statewide, or multi-state planning, environmental, or recreational organizations. States that the designation of the river segments does not: (1) preclude the Federal Energy Regulatory Commission (FERC) from licensing, relicensing, or otherwise authorizing the operation of specified hydroelectric projects; or (2) limit the modernization, upgrades, or other changes to the projects. Prohibits resource protection, mitigation, or enhancement measures required by FERC hydropower proceedings from being considered project works under this Act. Permits such measures within the segments. Prohibits resource protection, mitigation, or enhancement measures required by FERC hydropower proceedings from being considered project works under this Act. Permits such measures within the segments. Considers zoning ordinances adopted by specific towns as satisfying provisions in the Wild and Scenic Rivers Act that prohibit the Secretary from acquiring lands by condemnation within a designated Wild and Scenic River boundary when certain local zoning ordinances are in place. Limits the authority of the Secretary to acquire lands under this Act to acquisition by donation or exchange and subject to additional management plan criteria. Prohibits the Secretary from acquiring by condemnation any land or interest in land within the boundaries of the river segments designated by this Act. Bars the inclusion of any private or non-federal public property within the boundaries of such river segments without the owner's written consent. Bars the Missisquoi and Trout Rivers from being administered as part of the National Park System. Declares that nothing in this Act or the Upper Missisquoi and Trout Rivers Management Plan shall be construed to create buffer zones outside the river segment boundaries designated by this Act.

Upper Missisquoi and Trout Wild and Scenic Rivers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Respect Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The dignity, freedom, and equality of all human beings are fundamental to a thriving global community. (2) The rights to life, liberty, and security of the person, the right to privacy, and the right to freedom of expression and association are fundamental human rights. (3) An alarming trend of violence directed at LGBT individuals around the world continues. (4) More than one-third of all countries have laws criminalizing consensual same-sex relations, and countries such as Nigeria, Russia, Uganda, and Kyrgyzstan have recently considered or passed legislation that would further target LGBT individuals. (5) Every year thousands of individuals around the world are targeted for harassment, attack, arrest, and murder on the basis of their sexual orientation or gender identity. (6) Those who commit crimes against LGBT individuals often do so with impunity, and are not held accountable for their crimes. (7) Homophobic and transphobic statements by government officials in many countries in every region of the world promote negative public attitudes and can lead to violence toward LGBT individuals. (8) In many instances police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBT citizens, including arbitrary arrest, torture, and sexual abuse. (9) Celebrations of LGBT individuals and communities, such as film festivals, Pride events, and demonstrations are often forced underground due to inaction on the part of, or harassment by, local law enforcement and government officials, in violation of freedoms of assembly and expression. (10) Laws criminalizing consensual same-sex relations severely hinder access to HIV/AIDS treatment, information, and preventive measures for LGBT individuals and families. (11) Many countries are making positive developments in the protection of the basic human rights of LGBT individuals. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. (2) Foreign person.--The term ``foreign person'' has the meaning given that term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). (3) Gross violations of internationally recognized human rights.--The term ``gross violations of internationally recognized human rights'' has the meaning given that term in section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)). (4) Person.--The term ``person'' has the meaning given that term in section 591.308 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). (5) United states person.--The term ``United States person'' has the meaning given that term in section 595.315 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR GROSS VIOLATIONS OF HUMAN RIGHTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act and biannually thereafter, the President shall transmit to the appropriate congressional committees a list of each foreign person that the President determines, based on credible information-- (1) is responsible for or complicit in torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, and other flagrant denial of the right to life, liberty, or the security of person based on actual or perceived sexual orientation or gender identity; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); or (3) is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph (1). (b) Updates.--The President shall transmit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (c) Guidance Relating to Submission of Certain Information.--The Secretary of State shall issue public guidance, including through United States diplomatic and consular posts, relating to how names of foreign persons who may be included on the list required by subsection (a) may be submitted to the Department of State. (d) Form.-- (1) In general.--The list required by subsection (a) shall be transmitted in unclassified form. (2) Exception.--The name of a foreign person to be included in the list required by subsection (a) may be transmitted in a classified annex only if the President-- (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and (C) not later than 15 days before transmitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each foreign person in the classified annex despite any publicly available credible information indicating that the foreign person engaged in an activity described in paragraph (1) or (2) of subsection (a). (3) Consideration of certain information.--In preparing the list required by subsection (a), the President shall consider-- (A) information provided by the Chairperson or Ranking Member of each of the appropriate congressional committees; and (B) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (4) Public availability.--The unclassified portion of the list required by subsection (a) shall be made available to the public and published in the Federal Register. (e) Removal From List.--A foreign person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of the foreign person from the list that-- (1) credible information exists that the foreign person did not engage in the activity for which the foreign person was added to the list; (2) the foreign person has been prosecuted appropriately for the activity in which the foreign person engaged; or (3) the foreign person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which the foreign person engaged, and has credibly committed to not engage in an activity described in paragraph (1) or (2) of subsection (a). (f) Requests by Chairperson or Ranking Member of Appropriate Congressional Committees.-- (1) In general.--Not later than 120 days after receiving a written request from the Chairperson or Ranking Member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being added to the list required by subsection (a), the President shall transmit a response to that Chairperson or Ranking Member, as the case may be, with respect to the status of the foreign person at issue. (2) Form.--The President may transmit a response required by paragraph (1) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (3) Removal.-- (A) In general.--If the President removes from the list required by subsection (a) a foreign person that has been placed on the list, the President shall provide the Chairpersons and Ranking Members of the appropriate congressional committees with any information that contributed to such removal decision. (B) Form of information.--The President may transmit the information requested by subparagraph (A) in classified form if the President determines that it is necessary to the national security interests of the United States to do so. (g) Nonapplicability of Confidentiality Requirement With Respect to Visa Records.--The President shall publish the list required by subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS. (a) Ineligibility for Visas and Admission to the United States.--An individual who is a foreign person on the list required by section 4(a) is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States. (b) Current Visas Revoked and Removal From United States.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of an individual who would be ineligible to receive such a visa or documentation under subsection (a), and the Secretary of Homeland Security shall remove from the United States such an individual. (c) Waiver for National Security Interests.-- (1) In general.--The Secretary of State and the Secretary of Homeland Security, in consultation with the President, may waive the application of subsection (a) or (b), as the case may be, in the case of an individual if-- (A) the Secretaries determine that such a waiver-- (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) before granting the waiver, the Secretaries provide to the appropriate congressional committees notice of, and a justification for, the waiver. (2) Timing for notice of certain waivers.--In the case of a waiver under clause (ii), the Secretaries shall submit the notice required by subparagraph (B) of such paragraph not later than 15 days before granting the waiver. (d) Regulatory Authority.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security shall prescribe such regulations as are necessary to carry out this section. SEC. 6. REPORT TO CONGRESS. Not later than one year after the date of the enactment of this Act and annually thereafter, the President, acting through the Secretary of State, shall submit to the appropriate congressional committees a report on-- (1) the actions taken to carry out this Act, including-- (A) the number of foreign persons added to or removed from the list required by section 4(a) during the year preceding each report, the dates on which those persons were added or removed, and the reasons for adding or removing those persons; and (B) an analysis that compares increases or decreases in the number of such persons year-over-year and the reasons therefor; and (2) efforts by the executive branch to coordinate with the governments of other countries to, as appropriate, impose sanctions that are similar to the sanctions imposed under this Act. SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTATION OR GENDER IDENTITY. (a) Tracking Violence or Criminalization Related to Sexual Orientation or Gender Identity.--The Assistant Secretary of State for Democracy, Human Rights and Labor shall designate a Bureau-based senior officer or officers who shall be responsible for tracking violence, criminalization, and restrictions on the enjoyment of fundamental freedoms, in foreign countries based on actual or perceived sexual orientation or gender identity. (b) Annual Country Reports on Human Rights Practices.--The Foreign Assistance Act of 1961 is amended-- (1) in section 116(d) (22 U.S.C. 2151n(d))-- (A) in paragraph (11)(C), by striking ``and'' at the end; (B) in paragraph (12)-- (i) in subparagraph (B), by striking ``and'' at the end; and (ii) in subparagraph (C)(ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(13) wherever applicable, violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation or gender identity.''; and (2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting after the ninth sentence the following new sentence: ``Wherever applicable, such report shall also include information regarding violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation or gender identity.''.

Global Respect Act This bill directs the President to submit to Congress, biannually, a list of each foreign person that the President determines is responsible for or complicit in, or who acted as an agent for a foreign person in a mater relating to, torture, cruel treatment, prolonged detention, or other gross violations of internationally recognized human rights committed against an individual in a foreign country based on actual or perceived sexual orientation or gender identity. A listed person: (1) may be removed from the list under specified conditions; (2) is ineligible to enter or be admitted to the United States, or (3) if in the United States, shall have his or her visa revoked and be removed. The Department of State and the Department of Homeland Security may waive such prohibition if such waiver is in U.S. national security interests or is necessary for compliance with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Congressional notification is required prior to any such waiver. The Assistant Secretary for Democracy, Human Rights and Labor shall designate a senior officer or officers to track violence, criminalization, and restrictions on fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. The Foreign Assistance Act of 1961 is amended to require the annual country reports on human rights practices to include information on sexual orientation or gender identity violence or restrictions.

Global Respect Act

SECTION 1. NONRECOGNITION OF GAIN ON QUALIFIED SALES OF TELECOMMUNICATIONS BUSINESSES. (a) In General.--Subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to gain or loss on disposition of property) is amended by inserting after part IV the following new part: ``PART V--CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES ``Sec. 1071. Nonrecognition of gain on certain sales of telecommunications businesses. ``SEC. 1071. NONRECOGNITION OF GAIN ON CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES. ``(a) In General.--In the case of any qualified telecommunications sale, at the election of the taxpayer, such sale shall be treated as an involuntary conversion of property within the meaning of section 1033. ``(b) Limitation on Amount of Gain on Which Tax May Be Deferred.-- The amount of gain on any qualified telecommunications sale which is not recognized by reason of this section shall not exceed $50,000,000. ``(c) Qualified Telecommunications Sale.--For purposes of this section, the term `qualified telecommunications sale' means any sale to a qualified business of-- ``(1) the assets of a telecommunications business, or ``(2) stock in a corporation if, immediately after such sale-- ``(A) the qualified business controls (within the meaning of section 368(c)) such corporation, and ``(B) substantially all of the assets of such corporation are assets of 1 or more telecommunications businesses. ``(d) Qualified Business.--For purposes of this section-- ``(1) In general.--The term `qualified business' means-- ``(A) in the case of a telecommunications sale which includes the sale of any interest in a broadcast station (as defined in section 3(5) of the Communications Act of 1934), any person if-- ``(i) such person owns, directly or indirectly, a qualified interest in 10 or fewer broadcast stations (as so defined), and ``(ii) the fair market value of the aggregate interests of such person in broadcast stations (as so defined) is equal to or greater than 50 percent of the net assets of such entity, and ``(B) in the case of any other telecommunications sale-- ``(i) any individual, and ``(ii) any partnership or corporation if-- ``(I) the net assets of such entity do not exceed $30,000,000, and ``(II) the average after-tax income of such entity for the preceding 2 taxable years does not exceed $10,000,000. ``(2) Qualified interest in broadcast stations.--An interest in a broadcast station shall be treated as qualified if such interest represents 50 percent or more of the total assets of the station. ``(3) Each business limited to 3 purchases.--A person shall not be a qualified business with respect to a qualified telecommunications sale if such person (or any predecessor) was the purchaser in more than 2 prior qualified telecommunications sales for which an election under this section was made by the seller. ``(4) Special rules for qualified business determination.-- For purposes of paragraph (1)-- ``(A) Net assets.--The term `net assets' means the excess of the aggregate gross assets (as defined in section 1202(d)(2)) of the entity over the indebtedness of such entity. ``(B) After-tax income.--The term `after-tax income' means taxable income reduced by the net income tax for the taxable year. For purposes of the preceding sentence, the term `net income tax' means the tax imposed by this chapter reduced by the sum of the credits allowable under part IV of subchapter A of this chapter. Rules similar to the rules of subparagraphs (A), (B), and (D) of section 448(c)(3) shall apply in determining average after-tax income. ``(5) Aggregation rules.--For purposes of this subsection, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person. ``(e) Telecommunications Business.--The term `telecommunications business' means any business providing communication services by wire, cable, radio, satellite, or other technology if the providing of such services is governed by the Communications Act of 1934 or the Telecommunications Act of 1996. ``(f) Special Rules.-- ``(1) In general.--In applying section 1033 for purposes of subsection (a) of this section, stock of a corporation operating a telecommunications business, whether or not representing control of such corporation, shall be treated as property similar or related in service or use to the property sold in the qualified telecommunications sale. ``(2) Election to reduce basis rather than recognize remainder of gain.--If-- ``(A) a taxpayer elects the treatment under subsection (a) with respect to any qualified telecommunications sale, and ``(B) an amount of gain would (but for this paragraph) be recognized on such sale other than by reason of subsection (b), then the amount of such gain shall not be recognized to the extent that the taxpayer elects to reduce the basis of depreciable property (as defined in section 1017(b)(3)) held by the taxpayer immediately after the sale or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. ``(3) Basis.--For basis of property acquired on a sale or exchange treated as an involuntary conversion under subsection (a), see section 1033(b). ``(g) Recapture of Tax Benefit if Telecommunications Business Resold Within 5 Years, Etc.-- ``(1) In general.--If, within 5 years after the date of any qualified telecommunications sale, there is a recapture event with respect to the property involved in such sale, then the purchaser's tax imposed by this chapter for the taxable year in which such event occurs shall be increased by 20 percent of the lesser of the consideration furnished by the purchaser in such sale or the dollar limitation of subsection (b). ``(2) Exception for reinvested amounts.--Paragraph (1) shall not apply to any recapture event which is a sale if-- ``(A) the sale is a qualified telecommunications sale, or ``(B) during the 60-day period beginning on the date of such sale, the taxpayer is the purchaser in another qualified telecommunications sale in which the consideration furnished by the taxpayer is not less than the amount realized on the recapture event sale. ``(3) Recapture event.--For purposes of this subsection, the term `recapture event' means, with respect to any qualified telecommunications sale-- ``(A) any sale or other disposition of the assets or stock referred to in subsection (c) which were acquired by the taxpayer in such sale, and ``(B) in the case of a qualified telecommunications sale described in subsection (c)(2)-- ``(i) any sale or other disposition of a telecommunications business by the corporation referred to in such subsection, or ``(ii) any other transaction which results in the qualified business not having control (as defined in subsection (c)(2)(A)) of such corporation. Such term shall not include any sale or other disposition resulting from the default, or imminent default, of any indebtedness of the taxpayer.'' (b) Clerical Amendment.--The table of parts for subchapter O of chapter 1 of such Code is amended by inserting after the item relating to part IV the following new item: ``Part V. Certain Sales of Telecommunications Businesses''. (c) Effective Date.--The amendments made by this section shall apply to sales in taxable years beginning after the date of the enactment of this Act. SEC. 2. LOAN GUARANTEE PROGRAM TO ENCOURAGE DIVERSITY OF OWNERSHIP OF TELECOMMUNICATIONS BUSINESSES. (a) In General.--The Administrator of the Small Business Administration may guarantee any loan made to a qualified business for the purchase of assets or stock described in section 1071(c) of the Internal Revenue Code of 1986 (relating to qualified telecommunications sale). (b) Limitations.-- (1) Security.--The Administrator shall not guarantee any loan under subsection (a) unless the guaranteed portion of such loan is secured by a first lien position or first mortgage on the stock or assets financed by the loan. (2) Guarantee percentage.--The amount of any loan guaranteed by the Administrator under subsection (a) shall not exceed 95 percent of the balance of the financing outstanding at the time of disbursement of the loan. (3) Fees.--With respect to each loan guaranteed under subsection (a) (other than a loan that is repayable in 1 year or less), the Administrator may collect a guarantee fee, which shall be payable by the participating lender, and may be charged to the borrower. (4) Forfeiture of fcc license.--The Administrator shall not guarantee any loan under subsection (a) unless such loan provides that any license issued by the Federal Communications Commission to the borrower shall be returned and forfeited by the borrower to the Federal Communications Commission immediately upon a finding by the Administrator that such borrower is in default under such loan. (c) General Authority.--For purposes of carrying out this section, the Administrator may-- (1) enter into contracts with private and Federal entities for professional and other services; (2) enter into memorandums of understanding with other Federal agencies; and (3) issue regulations, including regulations regarding-- (A) notice of and opportunity to cure a default; (B) procedures related to foreclosure; and (C) such other matters as the Administrator considers appropriate. (d) Definitions.--For purposes of this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Qualified business.--The term ``qualified business'' has the meaning given such term in section 1071(d) of the Internal Revenue Code of 1986. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.

Amends the Internal Revenue Code to allow the nonrecognition of up to $50 million of gain (for capital gains tax purposes) from the sale of a telecommunications business to a qualified business. Defines "qualified business" to mean: (1) for a telecommunications sale including any interest in a broadcast station, any person that owns, directly or indirectly, a 50 percent or greater interest in ten or fewer broadcast stations; and (2) for any other telecommunications sale, any individual, partnership, or corporation with net assets not exceeding $30 million and average after-tax income for the two preceding taxable years of not more than $10 million. Restricts to three the number of telecommunications sales a qualified business may complete without forfeiting tax deferral. Requires the recapture of deferred gain if a qualified business resells a telecommunications business within five years, unless the resale is to another qualified business or the sales proceeds are reinvested in another telecommunications business within 60 days of the resale. Authorizes the Small Business Administration to guarantee loans made to a qualified business for the purchase of a telecommunications business. Requires security for such loans, including forfeiture of any Federal Communications Commission license of a borrower who defaults on a loan.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Our Children Home Act''. SEC. 2. AMENDMENT TO THE MISSING CHILDREN'S ASSISTANCE ACT. Section 403(1) of the Missing Children's Assistance Act (42 U.S.C. 5772(1)) is amended-- (1) in the matter preceding subparagraph (A) by striking ``whose whereabouts are unknown to such individual's legal custodian if'', (2) in subparagraphs (A), (B), and (C)-- (A) by redesignating such subparagraphs as clauses (i), (ii), and (iii), respectively, and (B) by indenting the left margin of such subparagraphs 2 ems to the right, (3) by inserting before clause (i), as so redesignated, the following: ``(A) whose whereabouts is unknown to such individual's legal custodian if--'', and (4) by adding at the end the following: ``(B) whose whereabouts is known to such individual's legal custodian from whose control such child-- ``(i) was removed in violation of law; or ``(ii) is believed by such custodian to have been taken out of the United States without the consent of such custodian by, or for the benefit of, an individual who may possibly claim custodial rights with respect to such child;''. SEC. 3. INVESTIGATIVE ASSISTANCE TO LAW ENFORCEMENT AGENCIES TO LOCATE ALIEN CHILDREN MISSING IN THE UNITED STATES. The Attorney General shall make available to State and local law enforcement agencies, information describing the methods and procedures available to them to institute or assist an investigative search for an alien child who is believed to be in the United States and who is the subject of-- (1) an application under the Hague Convention on the Civil Aspects of International Parental Child Abduction, or (2) an Interpol yellow notice. SEC. 4. STATE REQUIREMENTS. Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended-- (1) in paragraph (2) by striking ``and'' at the end, and (2) in paragraph (3)-- (A) in subparagraph (B) by striking ``and'' at the end, (B) in subparagraph (C) by striking the period at the end and inserting ``; and'', and (C) by inserting after subparagraph (C) the following: ``(D) a statement specifying whether the child is believed to have been taken outside of the United States;''. SEC. 5. AMENDMENTS TO INTERNATIONAL CHILD ABDUCTION REMEDIES ACT. (a) Legal Assistance, Technical Assistance, and Training.--Section 7 of the International Child Abduction Remedies Act (42 U.S.C. 11606) is amended by adding at the end the following new subsections: ``(g) Legal Assistance for Victims of Parental Kidnapping Grants.-- ``(1) Funding to legal services providers.--The United States Central Authority shall establish a program to provide funding to legal services providers, including private attorneys, public officials acting pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, legal aid programs, and law school clinical programs, to provide direct legal or advocacy services on behalf of persons seeking remedies under the Convention, or other civil or criminal remedies in interstate or international parental kidnapping cases. ``(2) Training and technical assistance.--The United States Central Authority, directly or through grants, shall provide training and technical assistance to recipients of funds under paragraph (1) to improve their capacity to offer legal assistance described in paragraph (1). ``(h) Technical Assistance.--The United States Central Authority shall encourage the Chief Justice of every State and the District of Columbia to designate a single court, or a limited number of courts, in which cases brought under the Convention may be heard. The United States Central Authority may provide technical assistance (including computers and Internet access) as necessary to foster consolidation of jurisdiction and implementation of the Convention, consistent with the purposes of the Convention. ``(i) Training.--The United States Central Authority shall provide or promote training of State court judges, lawyers, and law students on the civil and criminal laws pertaining to interstate and international parental kidnapping. To carry out this subsection, the United States Central Authority may make available funds under subsection (e) to State judicial educators, national, State, and local bar associations, and law schools. The United States Central Authority shall require recipients of such funds to report on the training programs they present, including the number of participants.''. (b) Legal Services Corporation.--The Legal Services Corporation may use funds made available to the Corporation for programs to represent aliens in proceedings brought in the United States under the Convention-- (1) if the individuals to whom the representation is provided otherwise meet the criteria of the Corporation for eligible clients under the Legal Services Corporation Act; and (2) whether or not such individuals are resident in the United States. (c) Court Costs.--Section 8(b) of the International Child Abduction Remedies Act (42 U.S.C. 11607(b)) is amended to read as follows: ``(b) Costs Incurred in Civil Actions.-- ``(1) Payment of court costs by central authority.--The Central Authority shall establish a program under which it provides, directly to the court or to petitioners and respondents, the funds necessary to pay the court costs of petitioners and respondents in actions brought under section 4, including court fees and the cost of translation services, expert witness testimony, and transcription services. ``(2) Costs of legal counsel and travel.-- Petitioners may be required to bear the costs of legal counsel or advisors and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (3) and (4). ``(3) Payments from other sources.--Subject to paragraph (4), legal fees incurred in connection with an action brought under section 4 shall be borne by the petitioner unless they are covered by payments from Federal, State, or local legal assistance or other programs. ``(4) Costs borne by petitioner.--Any court ordering the return of a child pursuant to an action brought under section 4 shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner (other than court costs for which the Central Authority pays under paragraph (1)), including legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate.''. (d) Federal Judicial Center.--Section 620 of title 28, United States Code, is amended by adding at the end the following: ``(c) Continuing Education and Training Programs.--The Center shall include in its continuing education and training programs under subsection (b)(3), including the training programs for newly appointed judges, information on the Hague Convention on the Civil Aspects of International Child Abduction, the International Child Abduction Remedies Act, the International Parental Kidnapping Crime Act of 1993, and other Federal statutes pertaining to parental kidnapping within the jurisdiction of the Federal courts, and shall prepare materials necessary to carry out this subsection.''. SEC. 6. REPORTS RELATING TO INTERNATIONAL CHILD ABDUCTION. (a) Report on Progress in Negotiating Bilateral Treaties With Non- Hague Convention Countries.--The Secretary of State shall prepare and submit to the Congress an annual report on progress made by the United States in negotiating and entering into bilateral treaties (or other international agreements) relating to international child abduction with countries that are not contracting parties to the Hague Convention on the Civil Aspects of International Child Abduction. (b) Report on Human Rights Practices.--(1) Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended-- (A) in paragraph (7), by striking ``and'' at the end and inserting a semicolon; (B) in paragraph (8), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(9) the status of efforts in each country to prohibit international child abduction, including-- ``(A) efforts to expedite the return of children to the country of their habitual residence; and ``(B) the extent to which the country respects the rights of custody and of access under the laws of other countries.''. (2) Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting after the sixth sentence the following: ``Each report under this section shall include information on the status of efforts in each country to prohibit international child abduction, including efforts to expedite the return of children to the country of their habitual residence and the extent to which the country respects the rights of custody and of access under the laws of other countries.''. (c) Report on Enforcement of Section 1204 of Title 18, United States Code.--The Attorney General, in consultation with the Secretary of State, shall prepare and submit to the Congress an annual report that contains a description of the status of each case involving a request during the preceding year for extradition to the United States of an individual alleged to have violated section 1204 of title 18, United States Code. SEC. 7. STUDY ON COOPERATION OF AIRLINE INDUSTRY. (a) Study.--The Secretary of Transportation shall conduct a study of-- (1) the extent to which the domestic and foreign airline industries cooperate with the investigation of international child abduction cases, including cooperation with the Department of State, the Department of Justice, and the National Center for Missing & Exploited Children; and (2) any practices and procedures necessary to improve the ability of the domestic and foreign airline industries to cooperate with the investigation of international child abduction cases. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the results of the study conducted under subsection (a). SEC. 8. ADDITIONAL FUNDS FOR THE INVESTIGATION AND PROSECUTION OF PARENTAL KIDNAPPING. In addition to funds otherwise authorized to be appropriated for the activities described in this section, there are authorized to be appropriated to the Child Exploitation and Obscenity Section of the Department of Justice for each of the fiscal years 2009 through 2012 such sums as may be necessary for the investigation and prosecution of violations of section 1204 of title 18, United States Code. SEC. 9. AUTHORIZATION OF FUNDS FOR EXTRADITION. There are authorized to be appropriated for each of fiscal years 2009 through 2012 such funds as may be necessary for the costs of extraditing individuals from foreign countries to the United States for violations of laws in the United States by reason of unlawfully removing a child from the child's custodial parent. SEC. 10. GRANTS FOR TRAVEL COSTS ASSOCIATED WITH THE SAFE RETURN OF ABDUCTED CHILDREN. (a) Program Authorized.--The Director of the Office of Victims of Crime of the Department of Justice shall, subject to the availability of appropriations, establish a Victim Travel in International Reunification Cases program to award grants to the National Center for Missing & Exploited Children to reimburse parents, guardians, law enforcement, and other individuals, as appropriate, for travel costs related to the safe return of children from the United States who have been abducted and taken to foreign countries. (b) Use of Grant Funds.--Travel costs under subsection (a) that are reimbursed using funds under this section may include airfare and daily subsistence costs, including lodging, meals, and ground transportation. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $250,000 for each of the fiscal years 2009 through 2012.

Bring Our Children Home Act - Amends the Missing Children's Assistance Act to expand the definition of "missing child." Requires the Attorney General to provide state and local law enforcement agencies with information for locating a child from a foreign country who has been abducted and is believed to be in the United States. Amends the Crime Control Act of 1990 to require state missing children reports to include a statement specifying whether a missing child is believed to have been taken outside of the United States. Amends the International Child Abduction Remedies Act to provide funding for legal and technical assistance and training relating to international child abduction. Amends the Foreign Assistance Act of 1961 to require the Secretary of State to report to Congress on the efforts of foreign countries to prohibit international child abduction. Requires the Secretary of Transportation to study and report to Congress on the cooperation of domestic and foreign airlines with the investigation of international child abduction cases. Authorizes additional funds for the investigation and prosecution of international parental kidnapping and for the extradition of individuals from foreign countries to the United States for violations of child abduction laws. Establishes a grant program to reimburse travel costs related to the return of abducted children to the United States.

To implement certain measures to increase the effectiveness of international child abduction remedies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrea Sloan Compassionate Use Reform and Enhancement Act'' or the ``Andrea Sloan CURE Act''. SEC. 2. EXPANDED ACCESS POLICY AS CONDITION OF EXPEDITED APPROVAL. Section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: ``(d) Expanded Access Policy Required for Covered Breakthrough Drugs.-- ``(1) In general.--With respect to a qualified breakthrough drug, not later than 30 days after the date on which the drug meets the definition of a covered breakthrough drug (as specified in paragraph (2)), the sponsor of the covered breakthrough drug shall submit to the Secretary and make publicly available the policy of the sponsor with respect to requests submitted under subsection (b). In the case of such a policy under which the sponsor accepts such requests, such policy shall include-- ``(A) a single point of contact who receives and processes such requests; ``(B) procedures for making such requests; ``(C) the minimum criteria for the sponsor's consideration or approval of such requests; and ``(D) the amount of time the sponsor anticipates will be necessary to make a decision on such requests. ``(2) Covered breakthrough drug.--In this subsection, the term `covered breakthrough drug' means a drug-- ``(A) that is designated as a breakthrough therapy or as a fast track product or is approved under accelerated approval under section 506; ``(B) that is designated under section 505E(d) as a qualified infectious disease product; or ``(C) the sponsor of which is awarded a priority review voucher under section 524 or 529.''. SEC. 3. NOTIFICATION OF SUBMITTERS OF COMPASSIONATE USE REQUESTS. Section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), as amended by section 2, is further amended-- (1) by redesignating subsections (e) and (f) (as redesignated by section 2(1)) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) (as inserted by section 2(2)) the following new subsection: ``(e) Notification of Submitters of Requests.--In the case of the denial by a manufacturer or distributor of a request under subsection (b), not later than 5 days after the date of such denial, the manufacturer or distributor, as applicable, shall submit to the person (or physician) who made the request written notice of the denial, including an explanation for the denial.''. SEC. 4. GAO QUALITATIVE ANALYSIS ON INDIVIDUAL PATIENT ACCESS TO UNAPPROVED THERAPIES AND DIAGNOSTICS. Not later than 180 days after the date of the enactment of this Act and each year thereafter, the Comptroller General of the United States shall 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 containing a qualitative analysis of the extent to which individual patients have access to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb) and recommendations for improving such access. In preparing such report, the Comptroller General shall conduct a qualitative analysis of the following: (1) Whether there are any identifiable patterns in requests submitted under subsection (b) of such section, such as the types of indications for which requests for individual patient access are sought or the reasons for the denial of such requests. (2) What the primary barriers are to drug sponsors granting requests for individual patient access. (3) How the Secretary evaluates safety and efficacy data submitted in connection with such requests. (4) The amount of time that-- (A) a physician typically takes to complete the paperwork necessary to make such a request; (B) a drug sponsor takes to process such a request and to issue a decision with respect to the request; and (C) the Secretary takes to process such a request and to issue a decision with respect to the request. (5) How regulations, guidance, policies, or practices may be modified, streamlined, expanded, or discontinued to reduce or prevent delays in approving such requests. (6) The number of such requests that, for the period covered by the report-- (A) were approved by drug sponsors and the Food and Drug Administration; (B) were approved by drug sponsors but denied by the Food and Drug Administration; and (C) were denied by drug sponsors. (7) How to encourage drug sponsors to grant requests for expanded access under such section 561, including requests for emergency use, intermediate-size patient populations, and large patient populations under a specified indication. (8) Whether and to what extent adverse events reported to the Secretary as a result of individual use of an investigational drug or investigational device under such section 561 affected the development or approval of any drug or device. SEC. 5. EXPANDED ACCESS TASK FORCE. (a) Establishment.--The Secretary of Health and Human Services shall establish a task force within the Department of Health and Human Services to explore mechanisms for improving the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), to be known as the ``Expanded Access Task Force'' (in this section referred to as the ``Task Force''). Not later than 90 days after the date on which the Comptroller General of the United States submits the first report required under section 4, the Task Force shall be convened. (b) Membership.-- (1) Composition.--The Task Force shall be composed of not more than 9 voting members appointed as follows: (A) One member to serve as Chairman of the Task Force, appointed by the Speaker of the House of Representatives. (B) One representative from the Department of Health and Human Services, appointed by the Secretary of Health and Human Services. (C) Four representatives appointed by the Majority Leader of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, and the Chairman and the Ranking Member of the Committee on Energy and Commerce of the House of Representatives, including-- (i) one representative of a biopharmaceutical company of less than 250 full-time employees; (ii) one representative of the rare disease patient community; (iii) one representative of the health care provider community; and (iv) one bioethicist. (D) Three representatives appointed by Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, and the Chairman and the Ranking Member of the Health, Education, Labor and Pensions Committee of the Senate, including-- (i) one representative of the biopharmaceutical industry; (ii) one representative of the patient community; and (iii) one representative of the health care payor community. (2) Compensation.--Members of the Task Force shall serve without compensation. (c) Duties.--The Task Force shall comprehensively evaluate the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), taking into account-- (1) the unique challenges faced by children with likely fatal diseases for which there is not a comparable or satisfactory alternative therapy available; (2) possible incentives for biopharmaceutical companies and providers to approve requests submitted under such subsection; (3) how the Secretary of Health and Human Services interprets and takes into consideration adverse event data reported in the case of data from use under a request submitted under such subsection; (4) ways to streamline and standardize the process for submitting requests under such subsection; and (5) the costs incurred by biopharmaceutical companies for the time, effort, and delivery of investigational drugs to patients for the diagnosis, monitoring, or treatment of a serious disease or condition under such subsection. (d) Report.--Not later than 180 days after the date on which the Task Force is convened, the Task Force shall 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 in an electronic format describing the specific recommendations of the Task Force for improving the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb). (e) Termination.--The task force shall terminate upon submission of the report required under subsection (d). SEC. 6. FINALIZING DRAFT GUIDANCE ON EXPANDED ACCESS. (a) In General.--Not later than 180 days after the date on which the Expanded Access Task Force established under section 5 submits the report under subsection (d) of such section, the Secretary of Health and Human Services shall finalize the draft guidance entitled ``Expanded Access to Investigational Drugs for Treatment Use--Qs & As'' and dated May 2013. (b) Contents.--The final guidance referred to in subsection (a) shall-- (1) clearly define how the Secretary interprets and uses adverse drug event data reported by investigators in the case of data reported from use under a request submitted under section 561(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb(b)); and (2) take into account the report of the Expanded Access Task Force submitted under section 5(d) and the first report of the Comptroller General of the United States submitted under section 4.

Andrea Sloan Compassionate Use Reform and Enhancement Act or the Andrea Sloan CURE Act - Amends the Federal Food, Drug, and Cosmetic Act to require the sponsor of a “breakthrough drug” (which is a drug that qualifies for expedited approval, is an infectious disease product, or qualifies the sponsor for a priority review voucher) to submit to the Secretary of Health and Human Services (HHS) and make available to the public a policy on requests for access to the drug for compassionate use, including the minimum criteria for consideration or approval of requests and the time needed to make a decision. Requires a breakthrough drug sponsor to explain a denied request for compassionate use to the person who made the request. Directs HHS to establish an Expanded Access Task Force. Requires the Task Force and the Government Accountability Office (GAO) to evaluate patient access to investigational drugs and make recommendations for improving access. Directs HHS to finalize the draft guidance entitled “Expanded Access to Investigational Drugs for Treatment Use--Qs & As,” taking into account reports from the Task Force and GAO.

Andrea Sloan CURE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mount St. Helens National Volcanic Monument Completion Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Act entitled ``An Act to designate the Mount St. Helens National Volcanic Monument in the State of Washington, and for other purposes'', approved August 26, 1982 (96 Stat. 301; 16 U.S.C. 431 note), required the United States to acquire all land and interests in land in the Mount St. Helens National Volcanic Monument; (2) the Act directed the Secretary of Agriculture to acquire the surface interests and the mineral and geothermal interests by separate exchanges and expressed the sense of Congress that the exchanges be completed by November 24, 1982, and August 26, 1983, respectively; and (3) the surface interests exchange was consummated timely, but the exchange of all mineral and geothermal interests has not yet been completed a decade and a half after the Act's enactment. (b) Purpose.--The purpose of this Act is to provide for the expeditious completion of the previously mandated Federal acquisition of private mineral and geothermal interests within the Mount St. Helens National Volcanic Monument. SEC. 3. ACQUISITION OF MINERAL RIGHTS WITHIN THE NATIONAL VOLCANIC MONUMENT. Section 3 of the Act entitled ``An Act to designate the Mount St. Helens National Volcanic Monument in the State of Washington, and for other purposes'', approved August 26, 1982 (96 Stat. 302; 16 U.S.C. 431 note), is amended-- (1) in subsection (a), by striking ``and except that the Secretary may acquire mineral and geothermal interests only by exchange. It is the sense of the Congress that in the case of mineral and geothermal interests such exchanges should be completed within one year after the date of enactment of this Act''; and (2) by adding at the end the following: ``(g) Expeditious Completion of Mineral and Geothermal Interests.-- ``(1) Definition of holder.--In this subsection, the term `holder' means a company, or its successor, referred to in subsection (c). ``(2) In general.--Within the period described in paragraph (7), the Secretary of the Interior shall acquire by exchange the mineral and geothermal interests in the Monument of each holder. ``(3) Monetary credits.-- ``(A) Issuance.--In exchange for the mineral and geothermal interests acquired by the Secretary of the Interior from a holder under paragraph (2), the Secretary of the Interior shall issue to the holder monetary credits that may be exercised by the holder for payment of-- ``(i) not more than 50 percent of the bonus or other payments made by successful bidders in any sales of mineral, oil, gas, or geothermal leases under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), or the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); or ``(ii) not more than 50 percent of any royalty, rental, or advance royalty payment made to the United States to maintain any mineral, oil or gas, or geothermal lease issued under the Acts listed in clause (i). ``(B) Value of credits.--The credits issued under subparagraph (A) shall equal the fair market value of all mineral and geothermal interests conveyed in the exchange as determined under paragraph (4). ``(C) Acceptance of credits.--The Secretary of the Interior shall accept credits issued under subparagraph (A) in the same manner as cash for the payments described in subparagraph (A). The use and exercise of the credits shall be subject to the laws (including regulations) governing such payments, to the extent the laws are consistent with this subsection. ``(D) Treatment of credits for distribution to states.--All amounts in the form of credits accepted by the Secretary of the Interior under subparagraph (C) for the payments described in subparagraph (A) shall be considered to be money received for the purpose of section 35 of the Mineral Leasing Act (30 U.S.C. 191) and section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019). ``(4) Valuation of interests.-- ``(A) In general.--Not later than 120 days after the date of enactment of this subsection, the mineral and geothermal interests to be conveyed by each holder in the exchanges required by paragraph (2) shall be valued by one of the following methods, as selected by the Secretary of the Interior: ``(i) Use of appraisal report.--The 1982 value established by the report of the third party appraisal completed on September 11, 1991, shall be adjusted to reflect changes in the consumer price index for all urban consumers published by the Department of Labor as of the date on which the exchange is to be consummated pursuant to paragraph (7), or such other value as shall be mutually agreed to by the Secretary of the Interior and the holders not later than 30 days after the date of enactment of this subsection. ``(ii) New appraisal.-- ``(I) Selection of appraiser.--Not later than 30 days after the date of enactment of this subsection, the Secretary of the Interior and the holders shall mutually agree on the selection of a qualified appraiser to conduct an appraisal of the mineral and geothermal interests. ``(II) No agreement on appraiser.-- If no appraiser is mutually agreed to under subclause (I), not later than 60 days after the date of enactment of this subsection-- ``(aa) the Secretary of the Interior and the holders shall each designate a qualified appraiser; and ``(bb) the two designated appraisers shall select a third qualified appraiser to perform the appraisal with the advice and assistance of the designated appraisers and in accordance with the instructions that were mutually agreed on for the September 11, 1991, third part appraisal. ``(III) Date of valuation.--The value of the mineral and geothermal interests to be conveyed by each holder shall be calculated as of August 26, 1982, adjusted to reflect changes in the consumer price index for all urban consumers published by the Department of Labor as of the date on which the exchange is to be consummated pursuant to paragraph (7). ``(IV) Costs.--The Secretary of the Interior shall bear the costs of the process established by this clause. ``(B) Timely appraisal report.--The appraisal report resulting from subparagraph (A) shall be presented to the Secretary of the Interior timely to permit the Secretary of the Interior to determine the value of the mineral and geothermal interests to be conveyed by each holder. Not later than the date that is 180 days after the date of enactment of this subsection, the Secretary of the Interior shall notify each holder of the determination. ``(C) Failure of process.--If the Secretary of the Interior fails to make a determination under subparagraph (B) by the date that is 180 days after the date of enactment of this subsection or if any holder does not agree with the value determined by the Secretary of the Interior under subparagraph (B), one or more of the holders may petition the United States Court of Federal Claims for a determination of the value of the mineral and geothermal interests to be conveyed by the holders in accordance with this subsection. Subject to the right of appeal, a determination by the Court shall be binding for purposes of this subsection on all parties. ``(5) Exchange account.-- ``(A) In general.--Notwithstanding any other provision of law, not later than 30 days after the completion of each exchange with a holder required by this subsection, the Secretary of the Interior shall establish, with the Minerals Management Service of the Department of the Interior, an exchange account for the holder for monetary credits described in paragraph (3). ``(B) Initial balance.--The initial balance of credits in each holder's account shall be equal to the value as determined under paragraph (4) of the mineral and geothermal interests conveyed by the holder in the exchange. ``(C) Use of credits.--The balance of credits in a holder's account shall be available to the holder or its assigns for the purposes of paragraph (3). The Secretary of the Interior shall adjust the balance of credits in the account to reflect payments made pursuant to paragraph (3). ``(D) Transfer of credits.-- ``(i) In general.--A holder may transfer or sell any credits in the holder's account to another person. ``(ii) Use of transferred credits.--Credits transferred under clause (i) may be used in accordance with this subsection only by a person that is qualified to bid on, or that holds, a mineral, oil, or gas lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), or the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). ``(iii) Notification.--A holder shall notify the Secretary of the Interior of any transfer or sale under this subparagraph promptly after the transfer or sale. ``(E) Time limit on use of credits.--On the date that is 5 years after an account is created under subparagraph (A), the Secretary of the Interior shall terminate the account and any remaining credits in the account shall become unusable. ``(6) Title to interests.--On the date of the establishment of an exchange account for a holder under paragraph (5)(A), title to any mineral and geothermal interests that are held by the holder and are to be acquired by the Secretary of the Interior under paragraph (2) shall transfer to the United States. ``(7) Completion of exchanges.--The Secretary of the Interior shall complete the exchanges under paragraph (2) not later than 180 days after the date of enactment of this subsection or as soon as practicable after completion of the process described in paragraph (4)(C).''. Passed the Senate July 17, 1998. Attest: GARY SISCO, Secretary.

Mount St. Helens National Volcanic Monument Completion Act - Revises existing law to require the Secretary of the Interior to acquire, by exchange, the mineral and geothermal interests of each holder (the Burlington Northern, Incorporated or the Weyerhaeuser Company) in the Mount St. Helens National Volcanic Monument in the State of Washington: (1) within 180 days after enactment of this Act; or (2) as soon as practicable after the U.S. Court of Federal Claims determines the value of the interests to be conveyed by the holder if the Court is petitioned because of the Secretary's failure to make such determination within 180 days after the enactment of this Act or the holder disagrees with the Secretary's valuation (by specified methods) of the mineral and geothermal interests. Sets forth requirements and administrative procedures for such exchange, including issuance of monetary credits to a holder for payment of not more than 50 percent of: (1) the bonus or other payments made by successful bidders in any sales of mineral, oil, gas, or geothermal leases under the Mineral Leasing Act, the Outer Continental Shelf Lands Act, or the Geothermal Steam Act of 1970; or (2) any royalty, rental, or advance royalty payment made to the United States to maintain any mineral, oil or gas, or geothermal lease issued under such Acts.

Mount St. Helens National Volcanic Monument Completion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Protection Act of 2005''. 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 Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment before April 1, 2007; and (B) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General 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 Attorney General 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 Attorney General 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 Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General 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 Attorney General 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 Attorney General 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 Attorney General 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 Attorney General 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 Attorney General 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 2005 - 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 ``Belarus Democracy and Human Rights Act of 2011''. SEC. 2. FINDINGS; STATEMENT OF POLICY. Sections 2 and 3 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 2. FINDINGS. ``Congress finds the following: ``(1) The Government of Belarus has engaged in a pattern of clear and uncorrected violations of human rights and fundamental freedoms. ``(2) The Government of Belarus has engaged in a pattern of clear and uncorrected violations of basic principles of democratic governance, including through a series of fundamentally flawed presidential and parliamentary elections undermining the legitimacy of executive and legislative authority in that country. ``(3) The Government of Belarus has subjected thousands of pro- democratic political activists to harassment, beatings, and jailings, particularly as a result of their attempts to peacefully exercise their right to freedom of assembly and association. ``(4) The Government of Belarus has attempted to maintain a monopoly over the country's information space, targeting independent media, including independent journalists, for systematic reprisals and elimination, while suppressing the right to freedom of speech and expression of those dissenting from the dictatorship of Aleksandr Lukashenka, and adopted laws restricting the media, including the Internet, in a manner inconsistent with international human rights agreements. ``(5) The Government of Belarus continues a systematic campaign of harassment, repression, and closure of nongovernmental organizations, including independent trade unions and entrepreneurs, and this crackdown has created a climate of fear that inhibits the development of civil society and social solidarity. ``(6) The Government of Belarus has subjected leaders and members of select ethnic and religious minorities to harassment, including the imposition of heavy fines and denying permission to meet for religious services, sometimes by selective enforcement of the 2002 Belarus religion law. ``(7) The Government of Belarus has attempted to silence dissent by persecuting human rights and pro-democracy activists with threats, firings, expulsions, beatings and other forms of intimidation, and restrictions on freedom of movement and prohibition of international travel. ``(8) The dictator of Belarus, Aleksandr Lukashenka, established himself in power by orchestrating an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolishing the duly elected parliament, the 13th Supreme Soviet, installing a largely powerless National Assembly, extending his term in office, and removing applicable term limits. ``(9) The Government of Belarus has failed to make a convincing effort to solve the cases of disappeared opposition figures Yuri Zakharenka, Viktor Gonchar, and Anatoly Krasovsky and journalist Dmitry Zavadsky, even though credible allegations and evidence links top officials of the Government to these disappearance. ``(10) The Government of Belarus has restricted freedom of expression on the Internet by requiring Internet Service Providers to maintain data on Internet users and the sites they view and to provide such data to officials upon request, and by creating a government body with the authority to require Internet Service Providers to block Web sites. ``(11) On December 19, 2010, the Government of Belarus conducted a presidential election that failed to meet the standards of the Organization for Security and Cooperation in Europe (OSCE) for democratic elections. ``(12) After the December 19, 2010, presidential election the Government of Belarus responded to opposition protests by beating scores of protestors and detaining more than 600 peaceful protestors. ``(13) After the December 19, 2010, presidential election the Government of Belarus jailed seven of the nine opposition presidential candidates and abused the process of criminal prosecution to persecute them. ``(14) After the December 19, 2010, presidential election, the Government of Belarus disrupted independent broadcast and Internet media, and engaged in repressive actions against independent journalists. ``(15) After the December 19, 2010, presidential election, Belarusian security services and police conducted raids targeting civil society groups, individual pro-democracy activists, and independent media. ``(16) After the December 19, 2010, presidential election, Belarusian officials refused to extend the mandate of the OSCE Office in Minsk. ``(17) After the December 19, 2010, presidential election, opposition candidates and activists have been persecuted and detainees have been physically mistreated, and denied access to family, defense counsel, medical treatment, and open legal proceedings. ``(18) After the December 19, 2010, presidential election, lawyers representing those facing criminal charges related to the post-election protest have been subjected to the revocation of licenses, disbarment, and other forms of pressure. ``(19) After the December 19, 2010, presidential election, the Government of Belarus has convicted political detainees to harsh prison sentences. ``(20) After the December 19, 2010, presidential election, the United States expanded its visa ban list, imposed additional financial sanctions on certain state-owned enterprises, and initiated preparations to freeze the assets of several individuals in Belarus. The European Union imposed targeted travel and financial sanctions on an expanded list of officials of the Government of Belarus. ``(21) After the December 19, 2010, presidential election, the United States fully restored sanctions against Belarus's largest state-owned petroleum and chemical conglomerate and all of its subsidiaries. ``(22) After the December 19, 2010, presidential election, the United States has engaged in assistance efforts to provide legal and humanitarian assistance to those facing repression and preserving access to independent information, and has pledged resources to support human rights advocates, trade unions, youth and environmental groups, business associations, think-tanks, democratic political parties and movements, independent journalists, newspapers and electronic media operating both inside Belarus and broadcasting from its neighbors, and to support access of Belarusian students to independent higher education and expand exchange programs for business and civil society leaders. ``(23) The Department of State, the Department of the Treasury, and other executive branch agencies have heretofore made effective use of this Act to promote the purposes of this Act, as stated in section 3 of this Act. ``SEC. 3. STATEMENT OF POLICY. ``It is the policy of the United States to-- ``(1) condemn the conduct of the December 19, 2010, presidential election and crackdown on opposition candidates, political leaders, and activists, civil society representatives, and journalists; ``(2) continue to call for the immediate release without preconditions of all political prisoners in Belarus, including all those individuals detained in connection with the December 19, 2010, presidential election; ``(3) continue to support the aspirations of the people of Belarus for democracy, human rights, and the rule of law; ``(4) continue to support the aspirations of the people of Belarus to preserve the independence and sovereignty of their country; ``(5) continue to support the growth of democratic movements and institutions in Belarus, which empower the people of Belarus to end tyranny in their country; ``(6) continue to refuse to accept the results of the fundamentally flawed December 19, 2010, presidential election held in Belarus, and to support calls for new presidential and parliamentary elections, conducted in a manner that is free and fair according to OSCE standards; ``(7) continue to call for the fulfillment by the Belarusian government of Belarus's freely undertaken obligations as an OSCE participating state; ``(8) continue to call for a full accounting of the disappearances of opposition leaders and journalists in Belarus, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of those individuals who are in any way responsible for the disappearance of those opposition leaders and journalists; ``(9) continue to work closely with the European Union and other countries and international organizations, to promote the conditions necessary for the integration of Belarus into the European family of democracies; ``(10) call on the International Ice Hockey Federation to suspend its plan to hold the 2014 International World Ice Hockey championship in Minsk until the Government of Belarus releases all political prisoners; and ``(11) remain open to reevaluating United States policy toward Belarus as warranted by demonstrable progress made by the Government of Belarus consistent with the aims of this Act as stated in this section.''. SEC. 3. RADIO AND TELEVISION BROADCASTING TO BELARUS. Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended to read as follows: ``SEC. 5. RADIO, TELEVISION, AND INTERNET BROADCASTING TO BELARUS. ``It is the sense of Congress that the President should support radio, television, and Internet broadcasting to the people of Belarus in languages spoken in Belarus, by Radio Free Europe/Radio Liberty, the Voice of America, European Radio for Belarus, and Belsat.''. SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS. Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by inserting ``or expression, including those individuals jailed based on political beliefs or expression in connection with repression that attended the presidential election of December 19, 2010'' before the period at the end; (B) in paragraph (2), by inserting ``, including politically motivated legal charges made in connection with repression that attended the presidential election of December 19, 2010'' before the period at the end; (C) in paragraph (5), by inserting ``and violations of human rights, including violations of human rights committed in connection with the presidential election of December 19, 2010'' before the period at the end; and (D) in paragraph (7), by striking ``internationally recognized observers'' and inserting ``OSCE observers''; (2) in subsection (c)-- (A) in paragraph (2)-- (i) by striking ``subparagraph (A)'' and inserting ``paragraph (1)''; and (ii) by striking ``or'' at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(4) is a member of any branch of the security or law enforcement services of Belarus and has participated in the violent crackdown on opposition leaders, journalists, and peaceful protestors that occurred in connection with the presidential election of December 19, 2010; or ``(5) is a member of any branch of the security or law enforcement services of Belarus and has participated in the persecution or harassment of religious groups, human rights defenders, democratic opposition groups, or independent media or journalists.''; (3) in subsection (e), by striking ``of each international financial institution to which'' and inserting ``at each international financial institution of which''; and (4) in subsection (f)(2)(B)(ii), by striking ``(as defined in section 40102 of title 49, United States Code)''. SEC. 5. REPORT. Section 8(a) of the Belarus Democracy Act of 2004 (Public Law 109- 480; 22 U.S.C. 5811 note) is amended-- (1) in the matter preceding paragraph (1), by striking ``this Act'' and inserting ``the Belarus Democracy and Human Rights Act of 2011''; (2) in paragraph (1), by striking ``sale or delivery of weapons or weapons-related technologies'' and inserting ``sale or delivery or provision of weapons or weapons-related technologies or weapons- related training''; (3) in paragraph (2), by striking ``involved in the sale'' and inserting ``or weapons-related training involved in the sale or delivery or provision''; (4) in paragraph (3), by inserting ``or weapons-related training described in paragraph (1)'' before the period at the end; and (5) by adding at the end the following new paragraph: ``(5) The cooperation of the Government of Belarus with any foreign government or organization for purposes related to the censorship or surveillance of the Internet, or the purchase or receipt by the Government of Belarus of any technology or training from any foreign government or organization for purposes related to the censorship or surveillance of the Internet.''. SEC. 6. DEFINITIONS. Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note) is amended-- (1) in paragraph (1), by striking ``Committee on International Relations'' and inserting ``Committee on Foreign Affairs''; and (2) in paragraph (3)-- (A) in subparagraph (B)(i), by striking ``and prosecutors'' and inserting ``, prosecutors, and heads of professional associations and educational institutions''; and (B) in subparagraph (C), by striking ``Lukashenka regime'' and inserting ``Government of Belarus''. SEC. 7. FUNDING FOR REPORT. The requirement to prepare and transmit the report required under section 8 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C. 5811 note), as amended by section 5 of this Act, shall be performed within current levels of authorized and appropriated funding. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Belarus Democracy and Human Rights Act of 2011 - Amends the Belarus Democracy Act of 2004 to express the sense of Congress that the President should continue to support radio, television, and Internet broadcasting to the people of Belarus in languages spoken in Belarus by Radio Free Europe/Radio Liberty, the Voice of America, European Radio for Belarus, and Belsat. Includes among the criteria that the government of Belarus must meet in order to end U.S. sanctions: (1) release of individuals who were jailed based on political beliefs or expression in connection with the repression that attended the December 2010 presidential election; (2) prosecution of senior leadership of the government of Belarus responsible for violations of human rights violations, including human rights violations in connection with the presidential election; (3) withdrawal of politically motivated legal charges against opposition activists and independent journalists in connection with the presidential election; and (4) holding free and transparent presidential and parliamentary elections consistent with Organization for Security and Cooperation in Europe (OSCE) standards and under OSCE supervision. Authorizes the denial of U.S. entry to members of the security or law enforcement services who have participated in the crackdown on opposition leaders, journalists, and peaceful protesters or in the persecution of religious groups or human rights defenders. Requires that the President's annual Belarus report to Congress include information about government of Belarus cooperation with any foreign government or organization related to Internet censorship or surveillance or the purchase or receipt of any technology or training for such purposes.

To reauthorize the Belarus Democracy Act of 2004.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Education Development Initiative for the 21st Century Act''. SEC. 2. PURPOSE. The purpose of this Act is to provide rural school students in the United States with increased learning opportunities. SEC. 3. FINDINGS. Congress makes the following findings: (1) While there are rural education initiatives identified at the State and local level, no Federal education policy focuses on the specific needs of rural school districts and schools, especially those that serve poor students. (2) The National Center for Educational Statistics (NCES) reports that 46 percent of our Nation's public schools serve rural areas. (3) A critical problem for rural school districts involves the hiring and retention of qualified administrators and certified teachers (especially in science and mathematics). Consequently, teachers in rural schools are almost twice as likely to provide instruction in 3 or more subjects than teachers in urban schools. Rural schools also face other tough challenges, such as shrinking local tax bases, high transportation costs, aging buildings, limited course offerings, and limited resources. (4) Data from the National Assessment of Educational Progress (NAEP) consistently shows large gaps between the achievement of students in high-poverty schools and those in other schools. High-poverty schools will face special challenges in preparing their students to reach high standards of performance on State and national assessments. SEC. 4. DEFINITIONS. In this Act: (1) Elementary school; local educational agency; secondary school; state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency that serves-- (A) a school age population 15 percent or more of whom are from families with incomes below the poverty line; and (B)(i) a rural locality; or (ii) a school age population of 800 or fewer students. (3) Metropolitan area.--The term ``metropolitan area'' includes the area defined as such by the Bureau of the Census. (4) Poverty line.--The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (5) Rural locality.--The term ``rural locality'' means a locality that is not within a metropolitan area. (6) School age population.--The term ``school age population'' means the number of students aged 5 through 17. (7) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 5. PROGRAM AUTHORIZED. (a) Reservation.--From amounts appropriated under section 9 for a fiscal year the Secretary shall reserve 0.5 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this Act. (b) Grants to States.-- (1) In general.--From amounts appropriated under section 9 that are not reserved under subsection (a) for a fiscal year, the Secretary shall award grants to State educational agencies that have applications approved under section 7 to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in subsection (c). (2) Formula.-- (A) In general.--Each State educational agency shall receive a grant under this section in an amount that bears the same relation to the amount of funds appropriated under section 9 that are not reserved under subsection (a) for a fiscal year as the school age population served by eligible local educational agencies in the State bears to the school age population served by eligible local educational agencies in all States. (B) Data.--In determining the school age population under subparagraph (A) the Secretary shall use the most recent data available from the Bureau of the Census. (3) Direct awards to local educational agencies.--If a State educational agency elects not to participate in the program under this Act or does not have an application approved under section 7, the Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to eligible local educational agencies in the State. (4) Matching requirement.--Each eligible local educational agency that receives a grant under this Act shall contribute resources with respect to the local authorized activities to be assisted, in cash or in kind, from non-Federal sources, in an amount equal to the Federal funds awarded under the grant. (c) Local Authorized Activities.--Grant funds awarded to local educational agencies under this Act shall be used for-- (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs or other education programs. (d) Relation to Other Federal Funding.--Funds received under this Act by a State educational agency or an eligible local educational agency shall not be taken into consideration in determining the eligibility for, or amount of, any other Federal funding awarded to the agency. SEC. 6. STATE DISTRIBUTION OF FUNDS. (a) Award Basis.--A State educational agency shall award grants to eligible local educational agencies according to a formula developed by the State educational agency and approved by the Secretary. (b) First Year.--For the first year that a State educational agency receives a grant under this Act, the State educational agency-- (1) shall use not less than 99 percent of the grant funds to award grants to eligible local educational agencies in the State; and (2) may use not more than 1 percent for State activities and administrative costs related to the program. (c) Succeeding Years.--For the second and each succeeding year that a State educational agency receives a grant under this Act, the State educational agency-- (1) shall use not less than 99.5 percent of the grant funds to award grants to eligible local educational agencies in the State; and (2) may use not more than 0.5 percent of the grant funds for State activities and administrative costs related to the program. SEC. 7. APPLICATIONS. Each State educational agency, or local educational agency eligible for a grant under section 5(b)(3), that desires a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. SEC. 8. REPORTS; ACCOUNTABILITY; STUDY. (a) State Reports.-- (1) Contents.--Each State educational agency that receives a grant under this Act shall provide an annual report to the Secretary. The report shall describe-- (A) the method the State educational agency used to award grants to eligible local educational agencies under this Act; (B) how eligible local educational agencies used funds provided under this Act; (C) how the State educational agency provided technical assistance for an eligible local educational agency that did not meet the goals and objectives described in subsection (c)(3); and (D) how the State educational agency took action against an eligible local educational agency if the local educational agency failed, for 2 consecutive years, to meet the goals and objectives described in subsection (c)(3). (2) Availability.--The Secretary shall make the annual State reports received under paragraph (1) available for dissemination to Congress, interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the public. (b) Local Educational Agency Reports.--Each eligible local educational agency that receives a grant under section 5(b)(3) shall provide an annual report to the Secretary. The report shall describe how the local educational agency used funds provided under this Act and how the local educational agency coordinated funds received under this Act with other Federal, State, and local funds. (c) Report to Congress.--The Secretary shall prepare and submit to Congress an annual report. The report shall describe-- (1) the methods the State educational agencies used to award grants to eligible local educational agencies under this Act; (2) how eligible local educational agencies used funds provided under this Act; and (3) the progress made by State educational agencies and eligible local educational agencies receiving assistance under this Act in meeting specific, annual, measurable performance goals and objectives established by such agencies for activities assisted under this Act. (d) Accountability.--The Secretary, at the end of the third year that a State educational agency participates in the program assisted under this Act, shall permit only those State educational agencies that met their performance goals and objectives, for two consecutive years, to continue to participate in the program. (e) Study.--The Comptroller General of the United States shall conduct a study regarding the impact of assistance provided under this Act on student achievement. The Controller General shall report the results of the study to Congress. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $300,000,000 for each of the fiscal years 2001 through 2004.

Reserves a specified portion of grant funds for schools operated by the Bureau of Indian Affairs. Sets forth an allotment formula for grants to State educational agencies (SEAs) to make grants to eligible LEAs. Authorizes the Secretary to make direct competitive grants to specially qualified eligible rural LEAs in nonparticipating States. Requires LEAs or their schools to use grant funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs or other education programs. Requires SEAs to award grants on a formula basis. Requires that at least 99 percent of such funds be awarded to eligible LEAs in the first year, and 99.5 in the second and in each succeeding year that an SEA receives such a grant. Allows the remainder to be used for State activities and administrative costs related to the grant program. Requires reports by SEAs, LEAs, and the Secretary. Directs the Secretary, at the end of the third year an SEA participates in the program, to permit continued participation only if the SEA has met its performance goals and objectives for two consecutive years. Directs the Comptroller General to study and report to Congress on this Act's impact on student achievement. Authorizes appropriations.

Rural Education Development Initiative for the 21st Century Act

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``America Rx Act of 2010''. (b) Purpose.--The purpose of this Act is to establish an America Rx program that utilizes manufacturer rebates and pharmacy discounts to reduce prescription drug prices to those residents who are without access to discounted prices for outpatient prescription drugs. SEC. 2. AMERICA RX PROGRAM. (a) Establishment.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a program (in this section referred to as the ``America Rx program'') consistent with the provisions of this section to provide qualified residents with access to discounted prices for outpatient prescription drugs through rebate agreements that the Secretary has negotiated with prescription drug manufacturers. (2) Outreach.--The Secretary shall provide for-- (A) outreach efforts to build public awareness of the program and maximize enrollment of qualified residents; and (B) simplified eligibility procedures and uniform eligibility standards for qualified residents. (b) Rebate Agreements With Manufacturers.-- (1) In general.--Under the America Rx program the Secretary shall negotiate with manufacturers of outpatient prescription drugs rebate agreements with respect to drugs offered under the program to qualified residents. (2) Minimum amount of rebates.--In negotiating the amount of such a rebate under paragraph (1), the Secretary shall take into consideration the amount of the rebate calculated under the Medicaid program, the average manufacturer price of prescription drugs, and other information on prescription drug prices and price discounts. The Secretary shall negotiate the amount of such rebates in a manner so that the rebates on average are comparable to the average percentage rebate obtained in outpatient prescription drugs provided under section 1927(c) of the Social Security Act (42 U.S.C. 1396r- 8(c)). (3) Discounted prices.--The Secretary shall specify the method for computing and applying such discounts, including a method for computing and applying discounts on a uniform, average percentage basis. (4) Payment.--Rebates under such agreements shall be payable to the Secretary according to a schedule (not less often than quarterly) negotiated with manufacturers and shall be paid, directly or through States, to participating pharmacies that provide discounts to qualified residents. (5) Incentive.--In order to induce manufacturers of outpatient prescription drugs to enter into such rebate agreements to carry out the purpose described in section 1(b), the Secretary shall provide, in the case of a manufacturer that has not entered into such an agreement, for a denial of a deduction under chapter 1 of the Internal Revenue Code of 1986 for the amount of expenses of the manufacturer for advertising and marketing of drugs of the manufacturer, other than expenses for free samples of drugs subject to section 503(b)(1) of the Federal Food Drug, and Cosmetic Act intended to be distributed to patients. (6) Application of rebates.--Amounts received by the Secretary as rebates under this subsection shall be placed into an appropriate account in the Treasury and shall be available in advance of appropriations to the Secretary for the payment of discounts and other costs of participating pharmacies in carrying out the America Rx program and for the payment of administrative costs in carrying out the program. Under the America Rx program, participating pharmacies shall be ensured reasonable and timely payment of discounts they provide to qualified residents under the program. (c) Role of States in Administering Program.-- (1) In general.--Under the America Rx program the Secretary may enter into appropriate arrangements with States under which States provide for the administration of the program in return for payment of the reasonable administrative expenses associated with such administration. (2) Administrative functions.--Such administration functions may include-- (A) determinations of eligibility of qualified residents; (B) arrangements with participating pharmacies; and (C) such other functions as the Secretary determines appropriate. (3) Contractual authority.--In carrying out responsibilities under this section, the Secretary and States may enter into agreements with pharmacy benefit managers and other third parties. (d) Program Eligibility.-- (1) Qualified resident defined.--For purposes of this section, the term ``qualified resident'' means an individual who-- (A) is a citizen or national of the United States or is lawfully present in the United States (as determined in accordance with section 1411 of the Patient Protection and Affordable Care Act); and (B) as determined under regulations of the Secretary, is not covered under any public or private program that provides substantial benefits (which may be discounted prices) towards the purchase of outpatient prescription drugs. (2) Screening.-- (A) For other governmental programs.--Individuals who apply for benefits under the America Rx program shall be screened for eligibility under the Medicaid program and other applicable Governmental health care programs and, if found eligible, shall be enrolled in such program or programs. (B) Screening by health insurance exchanges.--In the case of individuals enrolling in a qualified health plan through a Health Insurance Exchange under title I of the Patient Protection and Affordable Care Act, the Exchange shall provide (at the time of enrollment) for a screening of the individual to determine if the individual is a qualified resident for purposes of the America Rx program. (3) Relation to other coverage.--In order not to discourage employers and health insurance issuers from providing comprehensive prescription drug coverage through a group health plan or health insurance coverage, no such employer or issuer may participate in a Health Insurance Exchange if the Secretary determines that the prescription drug benefits under the plan or coverage have been reduced as a result of the America Rx program. (4) Protection of the low income.--Nothing in this section shall be construed as reducing the prescription drug benefits available to low-income individuals, as well as senior citizens and the disabled, under the Medicare or Medicaid programs as a result of the implementation of the America Rx program. (e) Arrangements With Participating Pharmacies.-- (1) In general.--Under the America Rx program arrangements are made with pharmacies for the provision of prescription drugs at discounted prices to qualified residents in a reasonably accessible manner. Such arrangements shall provide that-- (A) each participating pharmacy shall-- (i) provide discounts on prices for outpatient prescription drugs for qualified residents in return for prompt reimbursement of the amount of such discounts and a reasonable dispensing fee; (ii) not charge qualified residents more (before such discounts) for outpatient prescription drugs than the amount that individuals who are not qualified residents are charged for such drugs; and (iii) report to the Secretary (or the Secretary's designee) information regarding the discounts provided and fees incurred; and (B) the program shall-- (i) ensure the reasonable and timely payment to a participating retail pharmacy on a prompt basis (no less promptly than as provided under the Medicare program) for discounted prices provided to qualified residents under the program and for reasonable dispensing fees; and (ii) not impose any additional fees on such pharmacies in connection with participation in the program. (2) Discounted prices.--The amount of the discount provided to enrolled qualifying residents shall reflect the amount of rebates obtained, reduced by expenses relating to administrative costs of the Federal and State governments and of participating pharmacies. (f) Definitions.--For purposes of this section: (1) The term ``Health Insurance Exchange'' means such an Exchange as established and operated under part 3 of subtitle D of title I of the Patient Protection and Affordable Care Act. (2) The term ``manufacturer'' has the meaning given such term in section 1927(k)(5) of the Social Security Act (42 U.S.C. 1396r-8(k)(5)). (3) The term ``Medicaid program'' means a State program under title XIX of the Social Security Act, including such a program operating under a Statewide waiver under section 1115 of such Act. (4) The term ``outpatient prescription drug'' has the meaning given the term ``covered outpatient drug'' in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r- 8(k)(2)). (5) The term ``Secretary'' means the Secretary of Health and Human Services. (6) The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act.

America Rx Act of 2010 - Requires the Secretary of Health and Human Services (HHS) to establish the America Rx program to provide qualified residents with access to discounted prices for outpatient prescription drugs through rebate agreements that the Secretary negotiates with prescription drug manufacturers. Makes eligible only those residents that are not covered under any public or private program that provides substantial benefits towards the purchase of outpatient prescription drugs. Requires rebates to be payable to the Secretary at least quarterly and to be paid, directly or through states, to participating pharmacies that provide discounts to qualified residents. Denies manufacturers who do not participate in the rebate program a tax deduction for advertising and marketing expenses of drugs.

To establish an America Rx program to establish fairer pricing for prescription drugs for individuals without access to prescription drugs at discounted prices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Health Care Reform Act of 2003''. SEC. 2. REFUNDABLE CREDIT FOR HEALTH CARE COSTS. (a) In General.--Section 35 of the Internal Revenue Code of 1986 (relating to health insurance costs of eligible individuals) is amended to read as follows: ``SEC. 35. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to the amount paid by the taxpayer for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's net income tax for the taxable year, and ``(2) the taxpayer's social security taxes (as defined in section 24(d)) for such taxable year. For purposes of paragraph (1), the term `net income tax' means the sum of the regular tax liability and the tax imposed by section 55, reduced by the credits allowable under this part (other than this subpart). ``(c) Denial of Double Benefit.--Any amount allowed as a credit under this section shall not be taken into account in determining the amount of any deduction under this chapter.'' (b) Conforming Amendments.-- (1) Section 162(l) of such Code is hereby repealed. (2) Section 202 of the Trade Act of 2002, and the amendments made by such section, is hereby repealed, and the Internal Revenue Code of 1986 shall be applied as if such section had not been enacted. (3) The item relating to section 35 in the table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 35. Health insurance costs.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. DISPOSITION OF UNUSED HEALTH BENEFITS IN CAFETERIA PLANS AND FLEXIBLE SPENDING ARRANGEMENTS. (a) In General.--Section 125 of the Internal Revenue Code of 1986 (relating to cafeteria plans) is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following: ``(h) Carryforwards or Payments of Certain Unused Health Benefits.-- ``(1) In general.--For purposes of this title, a plan or other arrangement shall not fail to be treated as a cafeteria plan solely because qualified benefits under such plan include a health flexible spending arrangement under which not more than $500 of unused health benefits may be-- ``(A) carried forward to the succeeding plan year of such health flexible spending arrangement, or ``(B) paid to or on behalf of an employee as compensation as of the end of such plan year or upon the termination of, or failure to re-enroll in, such plan or arrangement. ``(2) Distribution of unused health benefits on behalf of employee.--For purposes of paragraph (1)(B), unused health benefits paid as compensation on behalf of an employee by the employer shall be-- ``(A) includible in gross income and wages of the employee, whether or not a deduction for such payment is allowable under this title to the employee, and ``(B) excludable from-- ``(i) gross income to the extent provided under section 402(e), 457(a) (with respect to contributions to an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A)), or 220, and ``(ii) wages to the extent otherwise provided for amounts so excludable. ``(3) Health flexible spending arrangement.--For purposes of this subsection, the term `health flexible spending arrangement' means a flexible spending arrangement (as defined in section 106(c)) that is a qualified benefit and only permits reimbursement for expenses for medical care (as defined in section 213(d)(1) (without regard to subparagraphs (C) and (D) thereof). ``(4) Unused health benefits.--For purposes of this subsection, the term `unused health benefits' means the excess of-- ``(A) the maximum amount of reimbursement allowable during a plan year under a health flexible spending arrangement, over ``(B) the actual amount of reimbursement during such year under such arrangement.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2003. SEC. 4. EXPANSION OF AVAILABILITY OF ARCHER MEDICAL SAVINGS ACCOUNTS. (a) Repeal of Dollar Limitations on Amount That May Be Contributed to Archer MSA.-- (1) In general.--Subsection (b) of section 220 of the Internal Revenue Code of 1986 (relating to limitations) is amended by striking paragraphs (1), (2), and (3) and by redesignating paragraphs (4) through (7) as (1) through (4), respectively. (2) Conforming amendment.--Paragraph (1) of section 106(b) of such Code is amended by striking ``to the extent'' and all that follows and inserting a period. (b) Repeal of Limitations on Number of Medical Savings Accounts.-- (1) In general.--Subsections (i) and (j) of section 220 of the Internal Revenue Code of 1986 are hereby repealed. (2) Conforming amendments.-- (A) Paragraph (1) of section 220(c) of such Code is amended by striking subparagraph (D). (B) Section 138 of such Code is amended by striking subsection (f). (c) Availability Not Limited to Accounts for Employees of Small Employers and Self-Employed Individuals.-- (1) In general.--Subparagraph (A) of section 220(c)(1) of such Code (relating to eligible individual) is amended to read as follows: ``(A) In general.--The term `eligible individual' means, with respect to any month, any individual if-- ``(i) such individual is covered under a high deductible health plan as of the 1st day of such month, and ``(ii) such individual is not, while covered under a high deductible health plan, covered under any health plan-- ``(I) which is not a high deductible health plan, and ``(II) which provides coverage for any benefit which is covered under the high deductible health plan.''. (2) Conforming amendments.-- (A) Section 220(c)(1) of such Code is amended by striking subparagraph (C). (B) Section 220(c) of such Code is amended by striking paragraph (4) (defining small employer) and by redesignating paragraph (5) as paragraph (4). (C) Section 220(b) of such Code is amended by striking paragraph (4) (relating to deduction limited by compensation) and by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (d) Both Employers and Employees May Contribute to Medical Savings Accounts.--Paragraph (4) of section 220(b) of such Code (as redesignated by subsection (b)(2)(C)) is amended to read as follows: ``(4) Coordination with exclusion for employer contributions.--The limitation which would (but for this paragraph) apply under this subsection to the taxpayer for any taxable year shall be reduced (but not below zero) by the amount which would (but for section 106(b)) be includible in the taxpayer's gross income for such taxable year.''. (e) Reduction of Permitted Deductibles Under High Deductible Health Plans.-- (1) In general.--Subparagraph (A) of section 220(c)(2) of such Code (defining high deductible health plan) is amended-- (A) by striking ``$1,500'' in clause (i) and inserting ``$1,000''; and (B) by striking ``$3,000'' in clause (ii) and inserting ``$2,000''. (2) Conforming amendment.--Subsection (g) of section 220 of such Code is amended to read as follows: ``(g) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1998, each dollar amount in subsection (c)(2) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Special rules.--In the case of the $1,000 amount in subsection (c)(2)(A)(i) and the $2,000 amount in subsection (c)(2)(A)(ii), paragraph (1)(B) shall be applied by substituting `calendar year 2002' for `calendar year 1997'. ``(3) Rounding.--If any increase under paragraph (1) or (2) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.''. (f) Providing Incentives for Preferred Provider Organizations To Offer Medical Savings Accounts.--Clause (ii) of section 220(c)(2)(B) of such Code is amended by striking ``preventive care if'' and all that follows and inserting ``preventive care.'' (g) Medical Savings Accounts May Be Offered Under Cafeteria Plans.--Subsection (f) of section 125 of such Code is amended by striking ``106(b),''. (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 5. REPEAL OF 7.5 PERCENT THRESHOLD ON DEDUCTION FOR MEDICAL EXPENSES. (a) In General.--Subsection (a) of section 213 of the Internal Revenue Code of 1986 (relating to deduction for medical expenses) is amended by striking ``to the extent that such expenses exceed 7.5 percent of adjusted gross income''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003.

Comprehensive Health Care Reform Act of 2003 - Amends the Internal Revenue Code to: (1) allow a limited tax credit for medical insurance; (2) set forth that a plan or other arrangement shall not cease to count as a cafeteria plan solely because qualified benefits under such plan include a health flexible spending arrangement under which not more than $500 of unused health benefits may be carried forward to the next year of such arrangement or paid to or on behalf of an employee as compensation from employment; (3) provide for (among other things), with respect to Archer Medical Savings Accounts, repealing limitations on the amount that may be contributed, repealing limitations on the number of such accounts, and expanding the availability of such accounts beyond employees of small employers and the self-employed; and (4) repeal the 7.5 percent threshold on the medical expense deduction.

To amend the Internal Revenue Code of 1986 to make health care coverage more accessible and affordable.

SECTION 1. CREDIT FOR CERTAIN HOME PURCHASES. (a) Allowance of Credit.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES. ``(a) Allowance of Credit.--In the case of an individual who purchases a principal residence in the United States during the 12- month period beginning on the date of the enactment of this section, there shall be allowed to the taxpayer as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the purchase price of the residence. ``(b) Limitations.-- ``(1) Dollar limitation.--The credit allowed under subsection (a) shall not exceed $10,000. ``(2) Denial of credit for residences acquired with nonconforming loans.--No credit shall be allowed under subsection (a) with respect to the purchase of any residence if the aggregate acquisition indebtedness (as defined in section 163(h)(3)(B)) with respect to such residence exceeds the limitation on the maximum original principal obligation of a mortgage that may be purchased by the Federal Home Loan Mortgage Corporation (as such limitation is in effect at the time of such purchase). ``(3) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section) for the taxable year. ``(4) One-time only.-- ``(A) In general.--If a credit is allowed under this section in the case of any individual (and such individual's spouse, if married) with respect to the purchase of any principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other principal residence by such individual or a spouse of such individual. ``(B) Joint purchase.--In the case of a purchase of a principal residence by 2 or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other principal residence. ``(c) Carryforward of Unused Credit.-- ``(1) Rule for years in which all personal credits allowed against regular and alternative minimum tax.--In the case of a taxable year to which section 26(a)(2) applies, if the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(2) Rule for other years.--In the case of a taxable year to which section 26(a)(2) does not apply, if the credit allowable under subsection (a) exceeds the limitation imposed by subsection (b)(3) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(3) Limitation.--No credit may be carried forward under this subsection to any taxable year following the first taxable year after the taxable year in which the credit arose. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Allocation of dollar limit.-- ``(A) Married individuals filing separately.--In the case of a married individual filing a separate return, subsection (b)(1) shall be applied by substituting `$5,000' for `$10,000'. ``(B) Other individuals.--If two or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $10,000. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person related to the person acquiring it, and ``(ii) the basis of the property in the hands of the person acquiring it is not determined-- ``(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(II) under section 1014(a) (relating to property acquired from a decedent). ``(B) Construction.--A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies such residence. ``(4) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date such residence is purchased. ``(5) Related persons.--A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267(b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only his spouse, ancestors, and lineal descendants). ``(e) Exceptions.--No credit under subsection (a) shall be allowed to any taxpayer for any taxable year with respect to the purchase of a residence if-- ``(1) a credit under section 1400C (relating to first-time homebuyer in the District of Columbia) is allowable to the taxpayer (or the taxpayer's spouse) for such taxable year or any prior taxable year, ``(2) the taxpayer is a nonresident alien, or ``(3) the taxpayer disposes of such residence (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the close of such taxable year. ``(f) Reporting Requirement.--Rules similar to the rules of section 1400C(f) (as so in effect) shall apply. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(h) Application.--This section shall not apply to any taxable year beginning after December 31, 2009.''. (b) Conforming Amendments.-- (1) Section 23(c)(1) of such Code is amended by striking ``25D and 1400C'' and inserting ``25D, 25E, and 1400C''. (2) Section 25D(c)(2) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (3) Section 1400C(d)(1) of such Code is amended by striking ``section 25D'' and inserting ``sections 25D and 25E''. (c) Clerical Amendment.--The table of sections for subpart A 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 25D the following new item: ``Sec. 25E. Credit for certain home purchases.''. (d) Effective Date.--The amendments made by this section shall apply with respect to residences purchased after the date of the enactment of this Act in taxable years ending after such date.

Amends the Internal Revenue Code to allow individual taxpayers a one-time refundable tax credit for up to 10% of the purchase price of a principal residence purchased in the United States within the 12-month period beginning on the date of enactment of this Act. Limits the dollar amount of such credit to $10,000. Terminates such credit after 2009.

To amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for certain home purchases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial UAS Modernization Act''. SEC. 2. INTERIM RULE FOR THE OPERATION OF SMALL UNMANNED AIRCRAFT FOR COMMERCIAL PURPOSES. (a) In General.--Subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112-95) is amended by adding at the end the following: ``SEC. 337. OPERATION OF SMALL UNMANNED AIRCRAFT FOR COMMERCIAL PURPOSES. ``(a) In General.--An individual may operate a small unmanned aircraft for commercial purposes without an airworthiness certificate within the United States, subject to the requirements under subsection (b) and the operating restrictions under subsection (c) during the period beginning on the date of the enactment of the Commercial UAS Modernization Act and ending on the effective date of a final rule based on the notice of proposed rulemaking issued on February 23, 2015, entitled `Operation and Certification of Small Unmanned Aircraft Systems' (80 Fed. Reg. 9544). ``(b) General Requirements.-- ``(1) Liability insurance.--A small unmanned aircraft may not be operated for commercial purposes during the period set forth in subsection (a) unless the Administrator receives an attestation that the owner of such aircraft has a liability insurance policy covering the operation of such aircraft. ``(2) Registration.--A small unmanned aircraft may not be operated for commercial purposes unless the owner has registered the aircraft as required by the Federal Aviation Administration. ``(3) Testing requirements.-- ``(A) Exam development.--Not later than 30 days after the date of the enactment of the Commercial UAS Modernization Act, the Administrator of the Federal Aviation Administration shall develop an initial aeronautical knowledge test that meets the requirements set forth in the notice of proposed rulemaking referred to in subsection (a). ``(B) Requirements.--An individual may not operate a small unmanned aircraft for commercial purposes unless such individual has-- ``(i) received a passing grade on the test developed under subparagraph (A); ``(ii) passed a proficiency test administered by a test site selected pursuant to section 332(c); and ``(iii) demonstrated the ability to fly the aircraft in accordance with the operating restrictions set forth in subsection (c). ``(4) Certification.--A small unmanned aircraft may not be operated for commercial purposes until the operator of a test site selected pursuant to section 332(c), in collaboration with a designated airworthiness representative, certifies that the small unmanned aircraft-- ``(A) meets the requirements for small unmanned aircraft set forth in the notice of proposed rulemaking referred to in subsection (a); and ``(B) is capable of operating within the limits described in subsection (c). ``(c) Operating Restrictions.--During the period set forth in subsection (a), small unmanned aircraft operated for commercial purposes-- ``(1) may only be operated under visual line of sight rules; ``(2) may not be operated higher than 500 feet above ground level; ``(3) may not be operated unless the operator has prior authorization from the air traffic control facility having jurisdiction over that airspace-- ``(A) in Class B, Class C, or Class D airspace; or ``(B) within the lateral boundaries of the surface area of Class E airspace designated for an airport; ``(4) may only be operated in daylight conditions; ``(5) shall yield right of way to all other users of the National Airspace System; ``(6) may not be operated by any individual with any physical or mental condition that the individual knows, or has reason to know, would interfere with the safe operation of the aircraft; and ``(7) may only be operated after a preflight inspection (as described in the notice of proposed rulemaking referred to in subsection (a)). ``(d) Accident Reporting.--The operator of a small unmanned aircraft that is involved in any accident causing personal injury or property damage, other than to the small unmanned aircraft, shall report such accident to the Federal Aviation Administration not later than 2 days after such accident. ``SEC. 338. MICRO UAS OPERATIONS. ``(a) Micro UAS Classification.--The Administrator of the Federal Aviation Administration shall provide for a micro UAS classification of unmanned aircraft systems, the aircraft component of which may not weigh more than 4.4 pounds, including payload. ``(b) Micro UAS Operational Limitations.--The operation of a micro UAS shall be subject to the exemptions under subsection (c) only if the micro UAS is operated-- ``(1) less than 400 feet above ground level; ``(2) at an airspeed of not greater than 40 knots; ``(3) within the visual line of sight of the operator; ``(4) during daylight; and ``(5) at least 5 statute miles from the geographic center of an airport as denoted on a current aeronautical chart published by the Federal Aviation Administration, except that upon notice to the airport operator and air traffic control tower, such airport operator may allow an individual to operate a micro UAS within 5 statute miles of a tower-controlled airport. ``(c) Micro UAS Exemptions.-- ``(1) An operator of a micro UAS that complies with the limitations of operation under subsection (b) shall not be required to pass any aeronautical knowledge test or meet any age or experience requirement, including any requirements under section 44703 of title 49, United States Code, part 61 of title 14, Code of Federal Regulations, and any other rule or regulation pertaining to airman certification. ``(2) A micro UAS and the component parts and equipment of such micro UAS shall not be required to meet airworthiness certification standards or to obtain certificates of airworthiness.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the FAA Modernization and Reform Act of 2012 is amended by inserting after the item relating to section 336 the following: ``Sec. 337. Operation of small unmanned aircraft for commercial purposes. ``Sec. 338. Micro UAS operations.''. SEC. 3. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT. (a) In General.--Subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112-95), as amended by section 2(a), is further amended by adding at the end the following: ``SEC. 339. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT. ``(a) Appointment.--The Administrator of the Federal Aviation Administration (referred to in this section as the `Administrator') shall appoint a Deputy Associate Administrator for Unmanned Aircraft (referred to in this section as the `Deputy Associate Administrator'), who shall report to the Administrator and to the Secretary of Transportation. ``(b) Principal Duties.--The Deputy Associate Administrator shall create an achievable comprehensive research and development plan for the safe integration of unmanned aircraft into the National Airspace System that-- ``(1) takes into account work being done at other Federal agencies, in conjunction with their industry collaborators; ``(2) is based on an initial audit of current unmanned aircraft activity across the Federal Government in order to identify gaps and overlaps; and ``(3) allows for programmatic exemptions based on previous analysis. ``(c) Other Issues.--The Deputy Associate Administrator, in consultation with the Administrator, shall develop strategies for resolving-- ``(1) unmanned aircraft spectrum issues; ``(2) barriers to unmanned aircraft operating beyond line of sight; ``(3) barriers to allowing payload carriage and the feasibility of developing a classification of small UAS air carriers; and ``(4) barriers to utilizing automated unmanned aircraft systems. ``(d) Exemptions.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Commercial UAS Modernization Act, the Deputy Associate Administrator, in consultation with the Administrator, shall expedite and expand exemptions from the interim operating restrictions otherwise applicable to unmanned aircraft under section 337. ``(2) Exemptions.--The exemptions authorized under paragraph (1) may include-- ``(A) beyond line of sight operations; ``(B) programmatic exemptions based on previous analysis; ``(C) extended visual line of sight and marginal visual flight rules weather conditions; and ``(D) heavier unmanned vehicles.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the FAA Modernization and Reform Act of 2012 is amended by inserting after the item relating to section 338, as added by section 2(b), the following: ``Sec. 339. Deputy Associate Administrator for Unmanned Aircraft.''. SEC. 4. JOINT AIRCRAFT SYSTEM RESEARCH AND DEVELOPMENT DATA COLLECTION AND ANALYSIS PROGRAM. (a) Establishment.--The Administrator of the Federal Aviation Administration shall establish a joint aircraft system research and development data collection and analysis program at the William J. Hughes Technical Center (referred to in this section as the ``Center''). (b) Research and Development Priorities.--The Director of the Center shall set priorities for data collection, analysis, and research under the program established under subsection (a), including identifying safety standards for detect and avoid, command and control, autonomous aircraft systems, and air traffic management for beyond visual line of sight operations for such aircraft. (c) Use of Test Sites.--The program established under subsection (a) shall utilize the 6 unmanned aircraft system test sites of the Federal Aviation Administration to-- (1) conduct research; (2) collect data; (3) develop quarterly milestones to expedite commercial unmanned aircraft system operations; and (4) work with other Federal agencies, the Center of Excellence for Unmanned Aircraft Systems, federally funded research and development centers, industry, academia, and others, as appropriate, to implement commercial unmanned aircraft system operations. (d) Air Traffic Management Pilot Program.-- (1) Implementation.--The Administrator of the Federal Aviation Administration, acting through the Center, and the Administrator of the National Aeronautics and Space Administration, shall implement an air traffic management pilot program to research and test a new regulatory structure for commercial and other operations of small unmanned aircraft in controlled and uncontrolled airspace below 1,200 feet above ground level. (2) Management testing.--The Center shall partner with a neutral third party to test the management of small unmanned aircraft in the airspace described in paragraph (1). (e) Report.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Director of the Center shall submit a report that summarizes the actions taken under subsections (b), (c), and (d) to-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Transportation and Infrastructure of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.

Commercial UAS Modernization Act This bill amends the FAA Modernization and Reform Act of 2012 to permit an individual to operate a small commercial unmanned aircraft without an airworthiness certificate within the United States until the effective date of a final rule based on the notice of proposed rulemaking "Operation and Certification of Small Unmanned Aircraft Systems" issued on February 23, 2015, subject to the following requirements: the Federal Aviation Administration (FAA) must receive an attestation that the aircraft owner has liability insurance covering its operation; the owner must register the aircraft; the operator must pass an initial aeronautical knowledge test developed by the FAA and a proficiency test administered by a test site for such aircraft; the aircraft may be operated for commercial purposes only in daylight conditions, under visual line of sight rules, lower than 500 feet above ground level, and only after a preflight inspection; and the aircraft shall yield right of way to all other users of the National Airspace System. Such an aircraft may not be operated: (1) until the operator of a test site certifies that it meets the requirements in the rulemaking notice and can operate within such restrictions; (2) unless the operator has prior authorization from the air traffic control facility having jurisdiction over the Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport; and (3) by any individual with any physical or mental condition that would interfere with safe operation of the aircraft. The operator of a such an aircraft involved in an accident causing personal injury or property damage must report it to the FAA within two days. The FAA shall provide for a micro UAS classification of unmanned aircraft systems, the aircraft component of which may not weigh more than 4.4 pounds, including payload. The operation of such a micro shall be subject to specified restrictions. The bill directs the FAA to: appoint a Deputy Associate Administrator for Unmanned Aircraft who shall create a research and development plan for the safe integration of unmanned aircraft into the National Airspace System; establish a joint aircraft system research and development data collection and analysis program at the William J. Hughes Technical Center; and implement an air traffic management pilot program to research and test a new regulatory structure for operations of such aircraft in airspace below 1,200 feet.

Commercial UAS Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Landmine Moratorium Extension Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Anti-personnel landmines, which are designed to maim and kill people, have been used indiscriminately in dramatically increasing numbers around the world. Hundreds of thousands of noncombatant civilians, including children, have been the primary victims. Unlike other military weapons, landmines often remain implanted and undiscovered after conflict has ended, causing massive suffering to civilian populations. (2) Tens of millions of landmines have been strewn in at least 62 countries, often making whole areas uninhabitable. The Department of State estimates there are more than 10,000,000 landmines in Afghanistan, 9,000,000 in Angola, 4,000,000 in Cambodia, 3,000,000 in Iraqi Kurdistan, and 2,000,000 each in Somalia, Mozambique, and the former Yugoslavia. Hundreds of thousands of landmines were used in conflicts in Central America in the 1980's. (3) Advanced technologies are being used to manufacture sophisticated mines which can be scattered remotely at a rate of 1,000 per hour. These mines, which are being produced by many industrialized countries, were discovered in Iraqi arsenals after the Persian Gulf conflict. (4) At least 300 types of anti-personnel landmines have been manufactured by at least 44 countries, including the United States. However, the United States is not a major exporter of landmines. During the past 10 years the Executive branch has approved 10 licenses for the commercial export of anti-personnel landmines with a total value of $980,000 and has approved the sale under the Foreign Military Sales program of 109,129 anti-personnel landmines. (5) The United States signed, but has not ratified, the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects (hereinafter in this Act referred to as the ``1980 Convention''). Protocol II of the 1980 Convention (commonly referred to as the ``Landmine Protocol'') prohibits the indiscriminate use of landmines. (6) When it signed the 1980 Convention, the United States stated: ``We believe that the Convention represents a positive step forward in efforts to minimize injury or damage to the civilian population in time of armed conflict. Our signature of the Convention reflects the general willingness of the United States to adopt practical and reasonable provisions concerning the conduct of military operations, for the purpose of protecting noncombatants.''. (7) The United States also indicated that it had supported procedures to enforce compliance, which were omitted from the 1980 Convention's final draft. The United States stated: ``The United States strongly supported proposals by other countries during the Conference to include special procedures for dealing with compliance matters, and reserves the right to propose at a later date additional procedures and remedies, should this prove necessary, to deal with such problems.''. (8) The lack of compliance procedures and other weaknesses have significantly undermined the effectiveness of the Landmine Protocol. Since it entered into force on December 2, 1983, the number of civilians maimed and killed by anti-personnel landmines has multiplied. (9) A 1-year moratorium on United States sales, transfers, and exports of anti-personnel landmines has been in effect since October 23, 1992, when section 1365 of the National Defense Authorization Act for Fiscal Year 1993 was signed into law. Since that date, the European Parliament has issued a resolution calling for a 5-year moratorium on sales, transfers, and exports of anti-personnel landmines and the Government of France has announced that it has ceased all sales, transfers, and exports of anti-personnel landmines. (10) On December 2, 1993, 10 years will have elapsed since the 1980 Convention entered into force, triggering the right of any party to request a United Nations conference to review the 1980 Convention. Amendments to the Landmine Protocol may be considered at that time. The Government of France has made a formal request to the United Nations Secretary General for a review conference. With necessary preparations and consultations among governments, a review conference is not expected to be convened before late 1994 or early 1995. (11) The United States should continue to set an example for other countries in such negotiations by extending its moratorium on sales, transfers, and exports of anti-personnel landmines for an additional 3 years. A moratorium of this duration would extend the current prohibition on the sale, transfer, and export of anti-personnel landmines a sufficient time to take into account the results of a United Nations review conference. SEC. 3. POLICY. (a) In General.--It shall be the policy of the United States to seek verifiable international agreements-- (1) prohibiting the sale, transfer, or export of anti- personnel landmines; and (2) further limiting and eventually terminating the manufacture, possession, and use of anti-personnel landmines. (b) Ratification of 1980 Convention.--It is the sense of the Congress that the President should submit the 1980 Convention to the Senate for its advice and consent to ratification. (c) Actions Under United Nations Auspices.--Furthermore, it is the sense of the Congress that the United States-- (1) should participate in a United Nations conference to review the Landmine Protocol; and (2) should actively seek to negotiate under United Nations auspices a modification of the Landmine Protocol, or another international agreement, to prohibit the sale, transfer, or export of anti-personnel landmines and to further limit their manufacture, possession, and use. SEC. 4. MORATORIUM ON TRANSFERS OF ANTI-PERSONNEL LANDMINES ABROAD. For a period of 3 years beginning on the date of enactment of this Act-- (1) no sale may be made or financed, no transfer may be made, and no license for export may be issued under the Arms Export Control Act with respect to any anti-personnel landmine; and (2) no assistance may be provided under the Foreign Assistance Act of 1961 with respect to the provision of any anti-personnel landmine. SEC. 5. DEFINITION. For purposes of this Act, the term ``anti-personnel landmine'' means-- (1) any munition which is placed under, on, or near the ground or other surface area or is delivered by artillery, rocket, mortar, or similar means or dropped from an aircraft and which is designed to be detonated or exploded by the presence, proximity, or contact of a person; (2) any device or material which is designed, constructed, or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act; and (3) any manually-emplaced munition or device which is designed to kill, injure, or damage and which is actuated by remote control or automatically after a lapse of time.

Landmine Moratorium Extension Act of 1993 - Declares that it is U.S. policy to seek international agreements prohibiting the sale, transfer, or export, and terminating the manufacture, possession, and use, of antipersonnel landmines. Expresses the sense of the Congress that: (1) the President should submit the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects to the Senate for ratification; and (2) the United States should negotiate a modification of the Landmine Protocol under United Nations auspices or another international agreement to limit the sale, transfer, manufacture, and use of landmines. Prohibits for three years after this Act's enactment: (1) sales, financing, transfers, and the issuance of licenses under the Arms Export Control Act with respect to antipersonnel landmines; and (2) assistance under the Foreign Assistance Act of 1961 with respect to the provision of such landmines.

Landmine Moratorium Extension Act of 1993

SECTION 1. FINDINGS. The Congress finds that-- (1) in virtually every sector of society--health, defense, transportation, agriculture, etc.--research is used to guide policy choices; (2) in education, however, research has not been effectively utilized as a tool for informing policy and guiding reform, with less than 0.03 percent of the $647,800,000,000 spent on elementary and secondary education invested in research of what educational techniques actually work and on ways to improve teaching; (3) the 1997 President's Committee of Advisors on Science and Technology (PCAST) report entitled ``The Use of Technology to Strengthen K-12 Education in the United States'' recommended that our education research investment be increased to 0.5 percent and that educational hypotheses be subjected to appropriately rigorous evaluation; (4) a significant body of research and knowledge on the science of learning currently exists; however, educational materials and practices are rarely aligned to this knowledge, and new education theories are often incorporated in classrooms on the basis of only tenuously supported data; (5) a cultural divide between education researchers and education practitioners--such as teachers--currently exists; (6) an expert panel convened by the National Research Council recommended in 1999 that more education research be focused on issues of importance to education practitioners and be conducted by teams of both traditional researchers and teachers and other education practitioners; (7) the education research effort to date is typified by a largely scattershot approach, with little coordination of the research effort or focus on particularly compelling questions; and (8) a 1999 report from the National Research Council entitled ``Improving Student Learning'' recommended the adoption of a national, strategic education research program that would focus efforts on a limited number of the most critically important research questions. SEC. 2. RESEARCH ON LEARNING. (a) In General.--For the purpose of integrating scientific disciplines in relation to research on learning, and gaining a better understanding of how such research and educational practice can be reconciled, the National Science Foundation shall continue to support research on learning, focusing on the following 4 areas: (1) Brain research as a foundation for research on human learning. (2) Behavioral, cognitive, affective, and social aspects of human learning. (3) Science, mathematics, engineering, and technological learning in formal and informal educational settings. (4) Learning in complex educational systems. (b) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation for carrying out this section $29,000,000 for fiscal year 2002, $33,000,000 for fiscal year 2003, and $37,000,000 for fiscal year 2004. SEC. 3. RESEARCH ON LEARNING CENTERS. (a) Development of Research Priorities.--The Director of the National Science Foundation (in this Act referred to as the ``Director''), in consultation with the National Academy of Sciences, shall review past research on learning, assess current research efforts, and not later than 120 days after the date of the enactment of this Act develop a set of specific education research priorities to provide the strategic focus of the Centers established under subsection (b). The Director shall ensure that the development of such priorities is informed by the most pressing needs of the education system. (b) Establishment of Centers.--The Director shall make grants for the establishment of not more than 5 Centers of Research on Learning. The purpose of these Centers shall be to integrate the work of multidisciplinary teams of researchers, education practitioners, and policymakers to support the research priorities developed under subsection (a), and to facilitate the incorporation of the results of that research into educational practice. Grant awards under this subsection shall be made through an open, peer-reviewed competition. (c) Strategic Focus of Centers.--Each Center shall focus on addressing one of the specific education research priorities developed by the Director under subsection (a). (d) Activities of Centers.--The Centers shall promote active collaborations among physical, biological, and social science researchers, education practitioners, and policymakers. The Centers shall be responsible for-- (1) evaluating existing research and designing, conducting, or coordinating research that addresses the Center's strategic focus; (2) stimulating research in relevant areas within the larger research community and synthesizing the findings from among this community; (3) planning future research; (4) facilitating the dissemination of research results to education practitioners and the incorporation of those research results into the education system; and (5) assessing the impact of the incorporation of research results described in paragraph (4) on student performance. (e) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation for carrying out this section $3,000,000 for fiscal year 2002, $6,000,000 for fiscal year 2003, and $6,000,000 for fiscal year 2004. SEC. 4. INTERAGENCY EDUCATION RESEARCH INITIATIVE. There are authorized to be appropriated to the National Science Foundation for participation in the Interagency Education Research Initiative, $28,000,000 for fiscal year 2002, $31,000,000 for fiscal year 2003, and $33,000,000 for fiscal year 2004.

Requires the National Science Foundation (NSF), for the purpose of integrating scientific disciplines in relation to research on learning, and gaining a better understanding of how such research and educational practice can be reconciled, to continue to support such research, focusing on: (1) brain research as a foundation for research on learning; (2) behavioral, cognitive, affective, and social aspects of learning; (3) science, mathematics, engineering, and technological learning in educational settings; and (4) learning in complex educational systems.Requires the Director of the NSF to review past research on learning, assess current research efforts, and develop a set of specific education research priorities to provide the strategic focus of the Centers of Research on Learning established by this Act. Requires the Director to make grants for the establishment of not more than five such Centers to integrate the work of multidisciplinary teams of researchers, education practitioners, and policymakers to support the research priorities developed, and to facilitate the incorporation of research results into educational practice.Authorizes appropriations for NSF participation in the Interagency Education Research Initiative.

To authorize the National Science Foundation to undertake certain activities in support of research on learning.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Claims Licensing Advancement for Interstate Matters Act'' or the ``CLAIM Act''. SEC. 2. MODEL LICENSING ACT. To promote the policy of robust consumer protection for and more efficient interstate adjusting of property, casualty, disability, or workers' compensation claims, the Congress hereby urges the National Association of Insurance Commissioners to adopt a model independent claims adjuster licensing Act that-- (1) contains basic standards for the integrity, personal qualifications, education, training, and experience required of independent claims adjusters, including continuing education requirements and ethics course requirements; and (2) does not impose any limitation or condition upon any independent claims adjuster to be licensed or otherwise authorized to do business in a State because of his or her status as a non-resident of that State. SEC. 3. MULTI-STATE EXAMINATION. (a) Establishment.--The Congress hereby urges the NAIC to adopt and administer a multi-State examination for an independent claims adjuster seeking to adjust claims in a jurisdiction other than his or her home State. (b) Examinee Eligibility.--The NAIC may require that, as a condition for taking a multi-State examination administered pursuant to this section, the examinee shall-- (1) be duly licensed as an independent claims adjuster by his or her home State; (2) meet such integrity, degree, training, and experience requirements as the NAIC considers necessary; and (3) meet any continuing education requirements as established by his or her home State. (c) Cross-Jurisdiction Competency.--Any multi-State examination administered pursuant to this section shall require adjusters to demonstrate essential competence with cross-jurisdictional legal and regulatory concepts, and shall include such ethics and other testing as the NAIC deems necessary. SEC. 4. STATE AUTHORITIES. Nothing in this Act shall be construed to-- (1) require a State that does not have licensing requirements for independent claims adjusters to adopt any such requirements; (2) subject to section 6, limit the right of a State to establish licensing fees or enforce its laws regarding the adjusting of insurance claims, provided that such fee is uniform regardless of the State of residence of the licensee; or (3) affect the jurisdiction and authority of a State insurance regulator to prescribe and enforce its insurance laws, rules, and regulations regulating independent claims adjuster activity in its jurisdiction. SEC. 5. INTERSTATE CLAIMS ADJUSTING LICENSING REFORMS. (a) In General.--A State is in compliance with the requirements of this subsection, and section 6 shall not apply with respect to such State, if before the expiration of the 4-year period beginning on the date of the enactment of this Act the State has enacted and has in effect-- (1) in the case only of a State that requires and issues licenses for independent claims adjusters, laws and regulations governing individuals and entities authorized to operate as independent claims adjusters within the State that are functionally equivalent in meaning and effect to those under any model act developed pursuant to section 2; and (2) laws and regulations governing non-home State individuals and entities operating as independent claims adjusters within that State that provide for the reciprocity required under subsection (c) with other States. (b) Uniformity Requirements.--A State that licenses independent claims adjusters shall be deemed to have established the uniformity referred to in subsection (a)(1) if it has enacted and adheres to criteria for the licensing and authorization of adjusters that are functionally equivalent in meaning and effect to those set forth in a model act established pursuant to section 2. (c) Reciprocity Requirements.--The laws and regulations of a certain State shall be considered to provide for the reciprocity required under this subsection only if such laws and regulations-- (1) do not require licensure of independent claims adjusters; or (2) permit any independent claims adjuster who has a license in another State that is the adjuster's home State to obtain authorization to engage in the business of adjusting in such certain State as a non-resident to the same extent that such adjuster is permitted to practice in the adjuster's home State, without satisfying any additional requirements other than, if required under applicable law, to submit-- (A) proof of being licensed in good standing in the adjuster's home State; Provided, That such home State has enacted laws and regulations governing individuals and entities authorized to operate as independent claims adjusters within such home State that are functionally equivalent in meaning and effect to those under any model act developed pursuant to section 2; and (B) payment of any requisite fee to the appropriate authority of the certain State; Provided, That the amount of such fee does not exceed any fee required to be paid by an adjuster whose home State is such certain State. (d) NAIC Determination.-- (1) Determination.--A State shall be considered to be in compliance with subsection (a) for purposes of this Act if the NAIC determines that, before the expiration of the 4-year period beginning on the date of enactment of this Act, the State is in compliance with the requirements under such subsection. (2) Continued review.--With respect to any State that the NAIC has determined to be in compliance with the requirements of subsection (a), the Congress hereby urges NAIC to continue to review and determine such State's compliance with the requirements of subsection (a) on an annual basis. If the NAIC determines at any time that a State no longer is in compliance with the requirements of subsection (a), section 6 shall apply with respect to such State. (3) Judicial review.--The appropriate United States District Court shall have exclusive jurisdiction over any challenge arising under this section. The court shall apply the standards set forth in section 706 of title 5, United States Code, in reviewing any such challenge. SEC. 6. AUTHORITY FOR INTERSTATE CLAIMS ADJUSTING. (a) Authority.--In the case of any State that requires and issues licenses for independent claims adjusters but is not in compliance with section 5(a), after the expiration of the 4-year period beginning on the date of the enactment of this Act, an independent claims adjuster and the adjuster's employer may ascertain, determine, negotiate, or settle a claim in such State, but only if the adjuster meets the following requirements: (1) The independent claims adjuster holds a valid such license in his or her home State. (2) If the NAIC has established and administers a multi- State examination pursuant to section 3, the adjuster has passed such examination. (b) Prohibition of Additional State Requirements.--An independent claims adjuster authorized under subsection (a) to investigate, evaluate, negotiate the resolution of a claim in a State that is not in compliance with section 5 shall not be subject to any additional licensure or other requirements from such State in order to adjust claims and otherwise act as an independent claims adjuster in such State. SEC. 7. ACCELERATING CLAIMS ADJUSTING OF LOSSES CAUSED BY NATURAL OR OTHER DISASTERS. (a) Authority to Adjust.--An independent claims adjuster meeting the requirements of subsection (b) may adjust claims for losses related to any natural or other disaster, occurring in any jurisdiction, that has been designated by the President as a major disaster pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) notwithstanding the licensure requirements of the State in which the disaster area for the major disaster is located and notwithstanding the requirements under section 6 of this Act for interstate claims licensing. (b) Adjuster Requirements.--The requirements under this subsection with respect to an independent claims adjuster are as follows: (1) State license.--The adjuster holds a valid license as an independent claims adjuster in his or her home State (whether actual or designated, pursuant to section 8(a)(1)). (2) Multi-state examination.--If the NAIC has adopted and administers a multi-State examination pursuant to section 3, the adjuster has passed such an examination. SEC. 8. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Home state.-- (A) Actual.--The term ``home State'' means, with respect to an independent claims adjuster, the State in which the adjuster maintains his, her, or its principal place of residence or business and is licensed as an independent claims adjuster. (B) Designated.--If the State in which an independent claims adjuster maintains his or her principal place of residence or business does not issue an independent claims adjuster license for the line or lines of authority sought, such term means any other State in which the independent claims adjuster is so licensed and that is designated by such adjuster as his or her home State. (2) Independent claims adjuster.--The term ``independent claims adjuster'' means an individual, other than a public adjuster, who undertakes on behalf of insurers or self-insurers to investigate, evaluate, and negotiate the resolution of the amount of a property, casualty, disability, or workers' compensation claim, loss, or damage on behalf of an insurance policy or insurer or as a third-party on behalf of a self- insurer. Such term includes company or staff adjusters, who are individuals, other than a public adjuster, employed by property casualty insurers and undertake to investigate, evaluate, and negotiate the resolution of a property, casualty, disability, or workers' compensation claim, loss, or damage on behalf of an insurance policy or insurer. (3) Naic.--The term ``NAIC'' means the National Association of Insurance Commissioners. (4) Public adjuster.--The term ``public adjuster'' means any person who, for compensation or any other thing of value, on behalf of the insured acts, aids, advertises, or solicits business to ascertain, determine, negotiate, or settle the amount of a claim, loss, or damage, solely in relation to first party claims arising under contracts that insure the real or personal property of the insured. (5) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (6) State law.--The term ``State law'' includes all laws, decisions, rules, regulations, or other State action of any State having the effect of law; and a law of the United States applicable only to the District of Columbia shall be treated as a State law rather than as a law of the United States.

Claims Licensing Advancement for Interstate Matters Act or CLAIM Act - Urges the National Association of Insurance Commissioners (NAIC) to: (1) adopt a model independent claims adjuster licensing Act meeting specified criteria, and (2) adopt and administer a multi-state examination for an independent claims adjuster seeking to adjust claims in a jurisdiction other than his or her home state. Authorizes the NAIC to prescribe examinee eligibility requirements, and requires any multi-state examination to require adjusters to demonstrate essential competence with cross-jurisdictional legal and regulatory concepts. Declares that nothing in this Act shall be construed to: (1) require a state to adopt licensing requirements for independent claims adjusters if it does not have such requirements; (2) limit the right of a state to establish licensing fees or enforce its laws regarding the adjusting of insurance claims, provided that such a fee is uniform regardless of the licensee's state of residence; or (3) affect the jurisdiction and authority of a state insurance regulator to prescribe and enforce its insurance laws, rules, and regulations governing independent claims adjuster activity in its jurisdiction. Sets forth criteria for state compliance with this Act, including reciprocity. Authorizes an independent claims adjuster meeting the requirements of this Act to ascertain, determine, negotiate, or settle a claim in a state that is not in compliance with this Act, but only if the adjuster: (1) holds a valid license in his or her home state, and (2) has passed any multi-state examination established and administered by the NAIC. Prohibits a state from imposing additional requirements upon such an adjuster. Authorizes an independent claims adjuster meeting the licensure and examination requirements of this Act to adjust claims for losses related to any presidentially-designated major disaster, regardless of the licensure requirements of the state where the disaster is located.

CLAIM Act

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``California Coastal National Monument Expansion Act of 2013''. (b) Definitions.--In this Act: (1) Map.--The term ``map'' means the map created by the Bureau of Land Management, entitled ``California Coastal National Monument Addition'' and dated September 15, 2012. (2) Monument.--The term ``Monument'' means the California Coastal National Monument established by Presidential Proclamation 7264. (3) Point arena-stornetta public lands.--The term ``Point Arena-Stornetta Public Lands'' means the Federal land comprising approximately 1,255 acres in Mendocino County, California, as generally depicted on the map. (4) Presidential proclamation 7264.--The term ``Presidential Proclamation 7264'' means Presidential Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the Point Arena-Stornetta Public Lands contain significant natural resources, including important wildlife habitat, several riparian corridors, extensive wetlands, ponds and other water sources, cypress groves, meadows, and sand dunes that should be preserved for present and future generations; (2) the ocean and coastal ecosystems adjacent to the Point Arena-Stornetta Public Lands are internationally recognized as significant centers of coastal upwelling that support the diverse, abundant, and productive marine ecosystems and wildlife underlying the local economy and identity of coastal communities; (3) the Point Arena-Stornetta Public Lands tell an important story about the coastal prehistory and history of California in the context of the surrounding region and communities; (4) the coastal area surrounding the Point Arena-Stornetta Public Lands was traditionally used by Indian people, including the Pomo Indian tribes; (5) the Point Arena-Stornetta Public Lands are historically associated with adjacent land managed for the enjoyment of current and future generations, including the Arena Rock Marine Natural Preserve, and Manchester Beach State Park; (6) the Point Arena-Stornetta Public Lands represent a model partnership where future management can be successfully accomplished among the Federal Government, State of California, Mendocino County, local communities, and private groups; (7) permanent protection of the Point Arena-Stornetta Public Lands will provide important economic benefits to surrounding communities, and has broad public support; (8) the Point Arena-Stornetta Public Lands would make a significant addition to the California Coastal National Monument and National Landscape Conservation System administered by the Bureau of Land Management of the Department of the Interior; and (9) statutory protection is necessary to ensure that the Point Arena-Stornetta Public Lands remain a part of the historical, cultural, and natural heritage of the United States and a source of inspiration for the people of the United States. (b) Purpose.--The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Point Arena-Stornetta Public Lands, while allowing certain recreational and research activities to continue. SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT. (a) In General.--The boundary of the Monument established by Presidential Proclamation 7264 is expanded to include the Federal land shown on the map. (b) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and boundary description of land added to the Monument by this Act. (2) Force and effect.--The map and boundary description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the map and boundary descriptions. (3) Availability of map and boundary description.--The map and boundary description filed under paragraph (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall manage the land added to the Monument by this Act-- (1) as a part of the Monument; and (2) in accordance with Presidential Proclamation 7264. (b) Management Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall finalize an amendment to the Monument management plan for the long-term protection and management of the land added to the Monument by this Act. (2) Requirements.--The plan amendment shall-- (A) be developed with an opportunity for full public participation; and (B) describe the appropriate uses and management of the land consistent with this Act. (c) Motorized and Mechanized Transport.--Except as needed for emergency or authorized administrative purposes, the use of motorized and mechanized vehicles in the Monument shall be permitted only on roads and trails designated for that use. (d) Incorporation of Land and Interests.-- (1) Authority.--The Secretary may acquire non-Federal land or interests in land within or adjacent to the land added to the Monument by this Act only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interests in land within or adjacent to the land added to the Monument by this Act acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Monument. (e) Overflights.--Nothing in this Act-- (1) restricts or precludes overflights, including low-level overflights or military, commercial, and general aviation overflights that can be seen or heard within the land added to the Monument by this Act; (2) restricts or precludes the designation or creation of new units of special use airspace or the establishment of military flight training routes over the land added to the Monument by this Act; or (3) modifies regulations governing low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary. (f) Law Enforcement.--Nothing in this Act effects the law enforcement authorities of the Department of Homeland Security. (g) Native American Uses.--Nothing in this Act enlarges, diminishes, or modifies the rights of any Indian tribe or Indian religious community. (h) Buffer Zones.-- (1) In general.--The expansion of the Monument is not intended to lead to the establishment of protective perimeters or buffer zones around the land included in the Monument by this Act. (2) Activities outside the monument.--The fact that activities outside the Monument can be seen or heard within the land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the boundary of the Monument. (i) Grazing.--Nothing in this Act affects the grazing of livestock within the Point Arena-Stornetta Public Lands. (j) National Landscape Conservation System.--The Secretary shall manage the Monument as part of the National Landscape Conservation System.

California Coastal National Monument Expansion Act of 2013 - Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Point Arena-Stornetta public lands in Mendocino County, California. Requires management of such lands: (1) in accordance with such Proclamation, and (2) as part of the Monument. Instructs the Secretary of the Interior to finalize an amendment to the Monument's management plan for the long-term protection and management of the lands added to the Monument under this Act. Requires management of the Monument as part of the National Landscape Conservation System.

California Coastal National Monument Expansion Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs for Veterans Act of 2011''. SEC. 2. VETERANS BUSINESS CENTER PROGRAM. Section 32 of the Small Business Act (15 U.S.C. 657b) is amended-- (1) in subsection (f), by inserting ``(other than subsections (g), (h), and (i))'' after ``this section''; and (2) by adding at the end the following: ``(g) Veterans Business Center Program.-- ``(1) In general.--The Administrator shall establish a Veterans Business Center program within the Administration to provide entrepreneurial training and counseling to veterans in accordance with this subsection. ``(2) Director and regional coordinators.-- ``(A) Director.--The Administrator shall appoint a Director of the Veterans Business Center program, who shall implement and oversee such program and who shall report directly to the Associate Administrator for Veterans Business Development. ``(B) Regional coordinators.--The Director may appoint regional veterans business center coordinators to oversee and coordinate the efforts of veterans business centers. ``(3) Designation of veterans business centers.--The Director shall establish by regulation an application, review, and notification process to designate entities as veterans business centers for purposes of this section. The Director shall make publicly known the designation of an entity as a veterans business center and the award of a grant to such center under this subsection. ``(4) Funding for veterans business centers.-- ``(A) Initial grants.--The Director is authorized to make a grant (hereinafter in this subsection referred to as an `initial grant') to each veterans business center each year, for not more than 5 years, in the amount of $200,000. ``(B) Growth funding grants.--After a veterans business center has received 5 years of initial grants under subparagraph (A), the Director is authorized to make a grant (hereinafter in this subsection referred to as a `growth funding grant') to such center each year, for not more than 3 years, in the amount of $150,000. After such center has received 3 years of growth funding grants, the Director shall require such center to meet performance benchmarks established by the Director to be eligible for growth funding grants in subsequent years. ``(5) Center responsibilities.--Each veterans business center receiving a grant under this subsection shall use the funds primarily on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans. ``(6) Matching funds.--Each veterans business center receiving a grant under this subsection shall be required to provide a non-Federal match of 50 percent of the Federal funds such center receives under this subsection. The Director may issue to a veterans business center, upon request, a waiver of all or a portion of such matching requirement upon a determination of hardship. The Director may waive the matching funds requirement under this paragraph with respect to veterans business centers that serve communities with a per capita income that is less than 75 percent of the national per capita income and an unemployment rate that is at least 150 percent higher than the national average. ``(7) Targeted areas.--The Director shall give priority to applications for designations and grants under this subsection that will establish a veterans business center in a geographic area, as determined by the Director, that is not currently served by a veterans business center and in which-- ``(A) the population of veterans exceeds the national median of such measure; or ``(B) the population of veterans of Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn exceeds the national median of such measure. ``(8) Training program.--The Director shall develop and implement, directly or by contract, an annual training program for the staff and personnel of designated veterans business centers to provide education, support, and information on best practices with respect to the establishment and operation of such centers. The Director shall develop such training program in consultation with veterans business centers, the interagency task force established under subsection (c), and veterans service organizations. ``(9) Inclusion of other organizations in program.--Upon the date of the enactment of this subsection, each Veterans Business Outreach Center established by the Administrator under the authority of section 8(b)(17) and each center that received funds during fiscal year 2006 from the National Veterans Business Development Corporation established under section 33 and that remains in operation shall be treated as designated as a veterans business center for purposes of this subsection and shall be eligible for grants under this subsection. ``(10) Rural areas.--The Director shall submit annually to the Administrator a report on whether a sufficient percentage, as determined by the Director, of veterans in rural areas have adequate access to a veterans business center. If the Director submits a report under this paragraph that does not demonstrate that a sufficient percentage of veterans in rural areas have adequate access to a veterans business center, the Director shall give priority during the one-year period following the date of the submission of such report to applications for designations and grants under this subsection that will establish veterans business centers in rural areas. ``(11) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $12,000,000 for fiscal year 2012 and $14,000,000 for fiscal year 2013. ``(h) Additional Grants Available to Veterans Business Centers.-- ``(1) Access to capital grant program.-- ``(A) In general.--The Director of the Veterans Business Center program shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Developing specialized programs to assist veteran-owned small businesses to secure capital and repair damaged credit. ``(ii) Providing informational seminars on securing loans to veteran-owned small businesses. ``(iii) Providing one-on-one counseling to veteran-owned small businesses to improve the financial presentations of such businesses to lenders. ``(iv) Facilitating the access of veteran- owned small businesses to both traditional and non-traditional financing sources. ``(v) Providing one-on-one or group counseling to owners of small business concerns who are members of the reserve components of the Armed Forces, as specified in section 10101 of title 10, United States Code, to assist such owners to effectively prepare their small businesses for periods when such owners are deployed in support of a contingency operation. ``(vi) Developing specialized programs to assist unemployed veterans to become entrepreneurs. ``(B) Award size.--The Director may not award to any one veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2012 and 2013. ``(2) Procurement assistance grant program.-- ``(A) In general.--The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Assisting veteran-owned small businesses to identify contracts that are suitable to such businesses. ``(ii) Preparing veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) through training and business advisement, particularly with respect to the construction trades. ``(iii) Providing veteran-owned small businesses technical assistance with respect to the Federal procurement process, including assisting such businesses to comply with Federal regulations and bonding requirements. ``(B) Award size.--The Director may not award to any one veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2012 and 2013. ``(3) Service-disabled veteran-owned small business grant program.-- ``(A) In general.--The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Developing outreach programs for service-disabled veterans to promote self- employment opportunities. ``(ii) Providing training to service- disabled veterans with respect to business plan development, marketing, budgeting, accounting, and merchandising. ``(iii) Assisting service-disabled veteran- owned small businesses to locate and secure business opportunities. ``(B) Award size.--The Director may not award to any one veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2012 and 2013. ``(i) Veterans Entrepreneurial Development Summit.-- ``(1) In general.--The Director of the Veterans Business Center program is authorized to carry out an event, once every 2 years, for the purpose of providing networking opportunities, outreach, education, training, and support to veterans business centers funded under this section, veteran-owned small businesses, veterans service organizations, and other entities as determined appropriate for inclusion by the Director. Such event shall include education and training with respect to improving outreach to veterans in areas of high unemployment. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $450,000 for fiscal years 2012 and 2013. ``(j) Inclusion of Surviving Spouses.--For purposes of subsections (g), (h), and (i) the following apply: ``(1) The term `veteran' includes a surviving spouse of the following: ``(A) A member of the Armed Forces, including a reserve component thereof. ``(B) A veteran. ``(2) The term `veteran-owned small business' includes a small business owned by a surviving spouse of the following: ``(A) A member of the Armed Forces, including a reserve component thereof. ``(B) A veteran. ``(k) Inclusion of Reserve Components.--For purposes of subsections (g), (h), and (i) the following apply: ``(1) The term `veteran' includes a member of the reserve components of the Armed Forces as specified in section 10101 of title 10, United States Code. ``(2) The term `veteran-owned small business' includes a small business owned by a member of the reserve components of the Armed Forces as specified in section 10101 of title 10, United States Code.''. SEC. 3. REPORTING REQUIREMENT FOR INTERAGENCY TASK FORCE. Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the following: ``(4) Report.--The Administrator shall submit to Congress biannually a report on the appointments made to and activities of the task force.''. SEC. 4. COMPTROLLER GENERAL STUDY OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS. The Comptroller General shall carry out a study on the effects of this Act and the amendments made by this Act on small business concerns owned and controlled by veterans and shall submit to Congress a report on the results of such study. Such report shall include the recommendations of the Comptroller General with respect to how this Act and the amendments made by this Act may be implemented to more effectively serve small business concerns owned and controlled by veterans.

Jobs for Veterans Act of 2011 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish within the SBA a Veterans Business Center program (program), headed by a Director, to provide entrepreneurial training and counseling to veterans. Authorizes the Director to make grants to each entity designated as a veterans business center. Requires each center to use such funds on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans. Targets populations where veterans and veterans of Operations Iraqi Freedom. Enduring Freedom, or New Dawn exceed the national median. Requires the Director to establish, with respect to veteran-owned small businesses, grant programs for: (1) access to capital; (2) procurement assistance; and (3) service-disabled veteran-owned small businesses. Authorizes the Director to carry out, every two years, a veterans entrepreneurial development summit. Requires: (1) an annual report from the Administrator on appointments made to, and activities of, the interagency task force on veteran-owned small businesses; and (2) a study by the Comptroller General of the effects of this Act on small businesses owned and controlled by veterans.

To amend the Small Business Act to establish a Veterans Business Center program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Budget Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of Defense's increasingly large budget provides for total defense spending that is greater than that of the other 192 countries in the world combined, yet-- (A) the United States now ranks 42nd in the world in infant mortality, behind most of the nations of Western Europe and the industrialized Far East, while $60,000,000,000 of the United States defense budget is expended annually on weapons designed to thwart Soviet Union aggression during the Cold War and other wasteful programs; (B) Federal spending on elementary and secondary education has fallen to less than 8 percent of the proposed 2008 outlays for the Department of Defense, while schools throughout the Nation are eliminating programs in music, foreign language, and physical education; (C) 46,000,000 individuals in the United States lack health insurance during some period of any given year, and half that number of individuals (over 9,000,000 of whom are children) lack such insurance for the entire year; (D) the Government Accountability Office estimates that-- (i) \1/3\ of the Nation's public schools, serving 14,000,000 children, need extensive repair or need to have their entire physical plants replaced; (ii) 85 percent of the Nation's public schools, 73,000 facilities serving 40,000,000 children, need some repair work; and (iii) the total cost for the repairs and replacement described in this subparagraph is over $120,000,000,000; (E) research conducted by the National Center for Education Statistics shows that middle school students in the United States rank 9th in science test scores and 15th in math test scores internationally, behind students in such countries as the Republic of Korea, the Slovak Republic, Singapore, the Russian Federation, and Malaysia; and (F) the Government Accountability Office estimated in 2003 that the Department of Defense could not account for over $1,000,000,000,000 in funds appropriated to the Department of Defense. (2) The United States spends over $20,000,000,000 annually to maintain its nuclear arsenal, although many of the weapons in that arsenal no longer have practical utility. The United States needs to eliminate spending on obsolete weapons systems and use the funds saved to meet urgent domestic needs for health care, education, job training, and increased energy efficiency and conservation. (3) The Department of Defense is spending billions of dollars developing space weapons and preparing plans to deploy them, although-- (A) those expenditures and plans contravene White House policy, in place for a decade, that emphasizes arms control and nonproliferation pacts; and (B) the development of those weapons is opposed by many United States allies, who have rightly stated that a shift in policy towards that development will create an arms race in space. (4) The United States needs to reduce its dependence on foreign oil by promoting long-term energy security through greater investment in sustainable and renewable energy alternatives. (5) The United States is facing unprecedented challenges to national security and broader national interests. Sustainable development and humanitarian assistance programs should be a central part of United States foreign policy. To address the root causes of instability and terrorism and undercut the ability of terrorist organizations to recruit effectively, the United States needs to address the global challenges of poverty, illiteracy, unemployment, disease, and disaster by increasing funding for sustainable development and humanitarian assistance programs. SEC. 3. REDUCTIONS IN AMOUNTS AVAILABLE FOR DEFENSE AND ENERGY PROGRAMS. (a) Reductions in Amounts Available for Programs.-- (1) Department of defense programs.--Notwithstanding any other provision of law, the amounts appropriated or otherwise available for fiscal year 2008 for the Department of Defense shall be reduced by $47,000,000,000. (2) Department of energy national security programs.-- Notwithstanding any other provision of law, the amounts appropriated or otherwise available for fiscal year 2008 for the Department of Energy shall be reduced by $13,000,000,000. (b) Domestic Programs.--From amounts made available under subsection (a)-- (1) $10,000,000,000 shall be made available to carry out the modernization of school facilities under section 8007(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(b)); (2) $9,000,000,000 shall be made available to carry out State child health plans under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.); (3) $5,000,000,000 shall be made available to carry out employment and training activities under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.) and the Department of Labor shall determine the fair apportionment of these funds on a per capita job loss basis; (4) $10,000,000,000 shall be made available to the Secretary of Energy for such programs as that Secretary may specify to increase energy efficiency and conservation and increase investment in sustainable and renewable energy alternatives; (5) $13,000,000,000 shall be made available to the Secretary of State for such sustainable development and humanitarian assistance programs as that Secretary may specify to alleviate the global challenges of poverty, illiteracy, unemployment, disease, and disaster; (6) $5,000,000,000 shall be available to the Secretary of Homeland Security to improve safeguards pursuant to the Homeland Security Act of 2002; (7) $5,000,000,000 shall be made available to reduce the deficit; and (8) $3,000,000,000 shall be made available for Veterans' health care. SEC. 4. EFFECTIVE DATE. This Act takes effect 90 days after the date of enactment of this Act.

Common Sense Budget Act of 2007 - Requires certain reductions in amounts appropriated for FY2008 for specified Department of Defense (DOD) and Department of Energy (DOE) programs. Makes amounts from such reductions available for: (1) modernization of school facilities; (2) the State Children's Health Insurance Program (SCHIP) under title XXI of the Social Security Act; (3) adult and dislocated worker employment and training activities; (4) programs to increase energy efficiency and conservation and increase investment in sustainable and renewable energy alternatives; (5) sustainable development and humanitarian assistance programs to alleviate global poverty, illiteracy, unemployment, disease, and disaster; (6) homeland security safeguard improvements; (7) deficit reduction; and (8) veterans health care.

To reallocate funds toward sensible priorities such as improved children's education, increased children's access to health care, expanded job training, and increased energy efficiency and conservation through a reduction of wasteful defense spending, and for other purposes.

SECTION 1. FINDINGS. The Congress makes the following findings: (1) Ensuring secure access to energy is in the highest national security interests of the United States. (2) Without secure access to oil supplies, the United States economy, which depends heavily on oil for transportation, could be severely affected. Two-thirds of the oil used in the United States is consumed by the transportation sector. (3) In 1973 OPEC placed an embargo on sales of oil to the United States, creating severe oil shortages and driving up oil prices in the United States. OPEC's action was a major factor in the recession which followed shortly thereafter. (4) Under the ``Carter Doctrine'', announced by President Carter in 1980, ``An attempt by any outside forces to gain control of the Persian Gulf region will be regarded as an assault on the vital interests of the United States of America, and such an assault will be repelled by any means necessary, including military force.''. (5) Following the Iraqi invasion of Kuwait in 1990, the United States sent more than 500,000 troops to the Persian Gulf to expel the Iraqi troops, liberate Kuwait, protect Saudi Arabia, and ensure access to Persian Gulf oil. (6) Many major oil producing nations do not share United States values of democracy, freedom of expression, thought, and religion, and equality for women. (7) During the Afghanistan conflict and the war on terrorism, many oil producing nations did not openly support the United States campaign to end the terror, and many of the terrorists of September 11 came from major OPEC nations. (8) It is in the highest national security interests of the United States to substantially reduce our dependence on oil as soon as possible, to secure our access to oil supplies, and to reduce our dependence on nations which do not share our interests and values. (9) Because most oil is consumed by the transportation sector, reduction of our dependence on oil can only come from major increases in fuel efficiency in cars, sport utility vehicles, light trucks, and other vehicles. SEC. 2. FUEL EFFICIENCY VEHICLE CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following: ``SEC. 30B. FUEL EFFICIENCY VEHICLE CREDIT. ``(a) Allowance of Credit.-- ``(1) Fuel economy not less than 40 miles per gallon.--At the election of the taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the cost of any qualified fuel-effi cient vehicle placed in service by the taxpayer during the taxable year. ``(2) Fuel economy not less than 50 miles per gallon.--In the case of a qualified fuel-efficient vehicle in which the fuel economy (within the meaning of subsection (c)(1)) is not less than 50 miles per gallon-- ``(A) paragraph (1) shall be applied by substituting `35 percent' for `25 percent', and ``(B) subsection (b) shall be applied by substituting `$6,000' for $5,000'. ``(b) Limitation.--The amount of the credit allowed by subsection (a) shall not exceed $5,000. ``(c) Qualified Fuel-Efficient Vehicle.--For purposes of this section, the term `qualified fuel-efficient vehicle' means a motor vehicle (as defined in section 30(c)(2))-- ``(1) in which the fuel economy (determined in accordance with section 4064) of such vehicle is rated at not less than 40 miles per gallon, ``(2) which is-- ``(A) an automobile (as defined in section 4064(b)), or ``(B) a truck or van with an unloaded gross vehicle weight rating not greater than 7,500 pounds, and ``(3) which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle. ``(d) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc. not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 30, 179, or 179A. ``(e) Carryforward of Unused Credits.--If the credit allowable under subsection (a) for any taxable year exceeds-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and this part (other than this section), over ``(2) the tentative minimum tax for the taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.''. (b) Clerical Amendment.--The table of sections for such subpart B is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Fuel-efficiency vehicle credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. FUEL EFFICIENT VEHICLE ASSEMBLY CREDIT. (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. FUEL-EFFICIENT VEHICLE ASSEMBLY CREDIT. ``(a) General Rule.--For purposes of section 38, the fuel-efficient vehicle assembly credit determined under this section for the taxable year is an amount equal to the product of $2,000 and the number of qualified fuel-efficient vehicles manufactured or produced in the United States by the taxpayer during the taxable year for their 1st retail sale. ``(b) Qualified Fuel-Efficient Vehicle.--For purposes of subsection (a), the term `qualified fuel-efficient vehicle' has the meaning given to such term by section 30B(c). ``(c) 1st Retail Sale.--For purposes of subsection (a), the term `1st retail sale' has the meaning given to such term by section 4002.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (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) the fuel-efficient vehicle assembly credit determined under section 45G(a).''. (c) Conforming 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 45F the following new item: ``Sec. 45G. Fuel-efficient vehicle assembly credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. LOAN GUARANTEES. (a) General Authority.--The Secretary of Energy may provide loan guarantees to manufacturers of motor vehicles or of motor vehicle engines for the purposes described in subsection (b). (b) Eligible Purposes.--Loans guaranteed under this section shall be used for the costs of conversion from the manufacture of motor vehicles or engines achieving less than 40 miles per gallon of gasoline to the manufacture of motor vehicles or engines achieving more than 40 miles per gallon of gasoline. Such loans may not be used for advertising or promotional costs. (c) Aggregate Amount of Loan Guarantees.--The aggregate amount of loans that may be guaranteed under this section at any one time shall not exceed $1,000,000,000. (d) Limitation on Loan Guarantee Size.--The Secretary shall not guarantee a loan under this section for an amount greater than $100,000,000. (e) Rates of Interest.--The Secretary shall not make a loan guarantee under this section if the interest rate for the loan exceeds that which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates and customary fees incurred under similar obligations in the private capital market. (f) Ability To Repay.--The Secretary shall not make a loan guarantee under this section unless the Secretary has made a finding in writing that the recipient of the loan is likely to be able to repay the loan according to its terms. (g) Applications.--The Secretary shall prescribe the form and contents required of applications for assistance under this section, to enable the Secretary to determine the eligibility of the applicant's proposal, and shall establish terms and conditions for loan guarantees made under this section. (h) Full Faith and Credit.--All guarantees entered into by the Secretary under this section shall constitute general obligations of the United States backed by the full faith and credit of the United States. (i) Modifications.--The Secretary may approve the modification of any term or condition of a loan guarantee or loan guarantee commitment, including the rate of interest, time of payment of interest or principal, or security requirements, if the Secretary finds in writing that-- (1) the modification is equitable and is in the overall best interests of the United States; and (2) consent has been obtained from the applicant and the holder of the obligation. (j) Default.--The Secretary shall prescribe regulations setting forth procedures in the event of default on a loan guaranteed under this section. The Secretary shall ensure that each loan guarantee made under this section contains terms and conditions that provide that-- (1) if a payment of principal or interest under the loan is in default for more than 30 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, the amount of unpaid guaranteed interest; (2) if the default has continued for more than 90 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, 90 percent of the unpaid guaranteed principal; (3) after final resolution of the default, through liquidation or otherwise, the Secretary shall pay to the holder of the obligation, or the holder's agent, any remaining amounts guaranteed but which were not recovered through the default's resolution; (4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds, before the expiration of the periods described in such paragraphs, that the default has been remedied; and (5) the holder of the obligation shall not receive payment or be entitled to retain payment in a total amount which, together with all other recoveries (including any recovery based upon a security interest in equipment or facilities) exceeds the actual loss of such holder. (k) Rights of the Secretary.-- (1) Subrogation.--If the Secretary makes payment to a holder, or a holder's agent, under subsection (j) in connection with a loan guarantee made under this section, the Secretary shall be subrogated to all of the rights of the holder with respect to the obligor under the loan. (2) Disposition of property.--The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property or other interests obtained pursuant to this section. The Secretary shall not be subject to any Federal or State regulatory requirements when carrying out this paragraph. (l) Action Against Obligor.--The Secretary may bring a civil action in an appropriate Federal court in the name of the holder of the obligation in the event of a default on a loan guaranteed under this section. The holder of a guarantee shall make available to the Secretary all records and evidence necessary to prosecute the civil action. The Secretary may accept property in full or partial satisfaction of any sums owed as a result of a default. If the Secretary receives, through the sale or other disposition of such property, an amount greater than the aggregate of-- (1) the amount paid to the holder of a guarantee under subsection (j); and (2) any other cost to the United States of remedying the default, the Secretary shall pay such excess to the obligor. (m) Breach of Conditions.--The Attorney General shall commence a civil action in an appropriate Federal court to enjoin any activity which the Secretary finds is in violation of this section, regulations issued hereunder, or any conditions which were duly agreed to, and to secure any other appropriate relief. (n) Attachment.--No attachment or execution may be issued against the Secretary, or any property in the control of the Secretary, prior to the entry of final judgment to such effect in any State, Federal, or other court. (o) Investigation Charge.--The Secretary may charge and collect from each applicant a reasonable charge for appraisal of the value of the equipment or facilities for which the loan guarantee is sought, and for making necessary determinations and findings. Such charge shall not aggregate more than one-half of 1 percent of the principal amount of the obligation. (p) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy for carrying out this section such sums as may be necessary for fiscal years 2006 through 2010. (q) Definitions.--For purposes of this section: (1) The term ``loan guarantee'' means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. (2) The term ``loan guarantee commitment'' means a binding agreement by the Secretary of Energy to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. (3) The term ``modification'' means any Government action that alters the estimated cost of an outstanding loan guarantee (or loan guarantee commitment) from the current estimate of cash flows. This includes the sale of loan assets, with or without recourse, and the purchase of guaranteed loans. This also includes any action resulting from new legislation, or from the exercise of administrative discretion under existing law, that directly or indirectly alters the estimated cost of outstanding loan guarantees (or loan guarantee commitments) such as a change in collection procedures. SEC. 5. PERMANENT EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 6. INCREASE IN RATES OF ALTERNATIVE INCREMENTAL CREDIT. (a) In General.--Subparagraph (A) of section 41(c)(4) of the Internal Revenue Code of 1986 (relating to election of alternative incremental credit) is amended-- (1) by striking ``2.65 percent'' and inserting ``3 percent'', (2) by striking ``3.2 percent'' and inserting ``4 percent'', and (3) by striking ``3.75 percent'' and inserting ``5 percent''. (b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 7. EXCLUSION OF QUALIFIED FUEL-EFFICIENT VEHICLES FROM CALCULATION OF AVERAGE FUEL ECONOMY OF A MANUFACTURER. Section 32904(a) of title 49, United States Code, is amended by adding at the end the following: ``(3) In calculating the average fuel economy of a manufacturer under paragraph (1), the Administrator shall not consider any automobile manufactured by the manufacturer for which a credit is allowed under section 38(a)(16) of the Internal Revenue Code of 1986.''.

Amends the Internal Revenue Code to: (1) allow a tax credit for 25 percent of the cost of certain automobiles, trucks, or vans with fuel efficiency ratings of not less than 40 miles per gallon (35 percent for ratings of not less than 50 miles per gallon); (2) allow a business tax credit for the manufacture or production in the United States of qualified fuel-efficient automobiles for first retail sale; (3) make permanent the tax credit for increasing research activities; and (4) increase the rates of the alternative incremental tax credit for research activities. Authorizes the Secretary of Energy to provide loan guarantees up to $100 million per loan (up to $1 billion aggregate) to automobile manufacturers for the cost of converting to automobiles with a fuel efficiency rating of more than 40 miles per gallon. Prohibits the Administrator of the Environmental Protection Agency (EPA) from considering any automobile allowed a fuel-efficiency tax credit under this Act in calculating the average fuel economy of a manufacturer.

To encourage the availability and use of motor vehicles that have improved fuel efficiency, in order to reduce the need to import oil into the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Connect The Nation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The deployment and adoption of broadband service and information technology has resulted in enhanced economic development and public safety for communities across the Nation, improved health care and educational opportunities, and a better quality of life for all Americans. (2) Continued progress in the deployment and adoption of broadband and other advanced information services is vital to ensuring that our Nation remains competitive and continues to create business and job growth. (3) The Federal Government should also recognize and encourage complementary state efforts to improve the quality and usefulness of broadband data and should encourage and support the partnership of the public and private sectors in the continued growth of broadband service and information technology for the residents and businesses of the Nation. SEC. 3. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND. (a) Purposes.--The purposes of this section are-- (1) to ensure that all citizens and businesses in a State have access to affordable and reliable broadband service; (2) to achieve improved technology literacy, increased computer ownership, and home broadband use among such citizens and businesses; (3) to establish and empower local grassroots technology teams in each State to plan for improved technology use across multiple community sectors; and (4) to establish and sustain an environment ripe for broadband service and information technology investment. (b) Establishment of State Broadband Data and Development Grant Program.-- (1) In general.--The Secretary shall award grants, taking into account the results of the peer review process under subsection (d), to eligible entities for the development and implementation of statewide initiatives to identify and track the availability and adoption of broadband service within each State. (2) Competitive basis.--Any grant under this section shall be awarded on a competitive basis. (c) Eligibility.--To be eligible to receive a grant under subsection (b), an eligible entity shall-- (1) submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require; and (2) agree to contribute matching non-Federal funds in an amount equal to not less than 20 percent of the total amount of the grant. (d) Peer Review.-- (1) In general.--The Secretary shall by regulation require appropriate technical and scientific peer review of applications made for grants under this section. (2) Review procedures.--The regulations required under paragraph (1) shall require that any technical and scientific peer review group-- (A) be provided a written description of the grant to be reviewed; (B) provide the results of any review by such group to the Secretary; and (C) certify that such group will enter into voluntary nondisclosure agreements as necessary to prevent the unauthorized disclosure of confidential and propriety information provided by broadband service providers in connection with projects funded by any such grant. (e) Use of Funds.--A grant awarded to an eligible entity under subsection (b) shall be used-- (1) to provide a baseline assessment of broadband service deployment in each State; (2) to identify and track-- (A) areas in each State that have low levels of broadband service deployment; (B) the rate at which residential and business customers adopt broadband service and other related information technology services; and (C) possible suppliers of such services; (3) to identify barriers to the adoption by individuals and businesses of broadband service and related information technology services, including whether or not-- (A) the demand for such services is absent; and (B) the supply for such services is capable of meeting the demand for such services; (4) to create and facilitate in each county or designated region in a State a local technology planning team-- (A) with members representing a cross section of the community, including representatives of business, telecommunications labor organizations, K-12 education, health care, libraries, higher education, community- based organizations, local government, tourism, parks and recreation, and agriculture; and (B) which shall-- (i) measure technology use across relevant community sectors; (ii) set goals for improved technology use within each sector; and (iii) develop a tactical business plan for achieving the local technology planning team's goals, with specific recommendations for online application development and demand creation; (5) to work collaboratively with broadband service providers and information technology companies to encourage deployment and use, especially in unserved and underserved areas, through the use of local demand aggregation, mapping analysis, and the creation of market intelligence to improve the business case for providers to deploy; (6) to establish programs to improve computer ownership and Internet access for unserved and underserved populations; (7) to collect and analyze detailed market data concerning the use and demand for broadband service and related information technology services; (8) to facilitate information exchange regarding the use and demand for broadband service between public and private sectors; and (9) to create within each State a geographic inventory map of broadband service, which shall-- (A) identify gaps in such service through a method of geographic information system mapping of service availability at the census block level; and (B) provide a baseline assessment of statewide broadband deployment in terms of households with high- speed availability. (f) Participation Limit.--For each State, an eligible entity may not receive a new grant under this section to fund the activities described in subsection (e) within such State if such organization obtained prior grant awards under this section to fund the same activities in that State in each of the previous 4 consecutive years. (g) Report.--Each recipient of a grant under subsection (b) shall submit a report on the use of the funds provided by the grant to the Secretary not later than 1 year after the funds were received. (h) Definitions.--In this section: (1) Broadband service.--The term ``broadband service'' means any service that connects to the public Internet that provides a data transmission-rate equivalent to at least 200 kilobits per second or any successor transmission-rate established by the Federal Communications Commission, in at least 1 direction. (2) Eligible entity.--The term ``eligible entity'' means a nonprofit organization-- (A) that is selected by a State to work in partnership with State agencies and private sector partners in identifying and tracking the availability and adoption of broadband service within each State; (B) that has an established competency and proven record of working with public and private sectors to accomplish widescale deployment and adoption of broadband service and information technology; and (C) the board of directors of which is not composed of a majority of individuals who are also employed by, or otherwise associated with, any Federal, State, or local government or any Federal, State, or local agency. (3) Nonprofit organization.--The term ``nonprofit organization'' means an organization-- (A) described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (B) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual. (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (5) State.--The term ``State'' means each State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and federally recognized Indian tribes. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2008 through 2012. (j) No Regulatory Authority.--Nothing in this Act shall be construed as giving any public or private entity established or affected by this Act any regulatory jurisdiction or oversight authority over providers of broadband service or information technology.

Connect The Nation Act - Provides for grants to develop and implement statewide initiatives to identify and track the availability and adoption of broadband service within each state.

To promote the deployment and adoption of telecommunications services and information technologies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection Improvements Act of 2017''. SEC. 2. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND CRIMINAL HISTORY REVIEW PROGRAM. The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) is amended-- (1) in section 3-- (A) by amending subsection (a)(3) to read as follows: ``(3)(A) The Attorney General shall establish a program, in accordance with this section, to provide qualified entities located in States which do not have in effect procedures described in paragraph (1), or qualified entities located in States which do not prohibit the use of the program established under this paragraph, with access to national criminal history background checks on, and criminal history reviews of, covered individuals. ``(B) A qualified entity described in subparagraph (A) may submit to the appropriate designated entity a request for a national criminal history background check on, and a criminal history review of, a covered individual. Qualified entities making a request under this paragraph shall comply with the guidelines set forth in subsection (b), and with any additional applicable procedures set forth by the Attorney General or by the State in which the entity is located.''; (B) in subsection (b)-- (i) in paragraph (1)(E), by striking ``unsupervised''; (ii) in paragraph (2)-- (I) by redesignating subparagraph (A) as clause (i); (II) in subparagraph (B)-- (aa) by adding ``and'' at the end; and (bb) by redesignating such subparagraph as clause (ii); (III) by striking ``that each provider who is the subject of a background check'' and inserting ``(A) that each covered individual who is the subject of a background check conducted pursuant to the procedures established pursuant to subsection (a)(1)''; and (IV) by adding at the end the following: ``(B) that each covered individual who is the subject of a national criminal history background check and criminal history review conducted pursuant to the procedures established pursuant to subsection (a)(3) is entitled to challenge the accuracy and completeness of any information in the criminal history record of the individual by contacting the Federal Bureau of Investigation under the procedure set forth in section 16.34 of title 28, Code of Federal Regulations, or any successor thereto.''; (iii) in paragraph (3), by inserting after ``authorized agency'' the following: ``or designated entity, as applicable''; and (iv) in paragraph (4), by inserting after ``authorized agency'' the following: ``or designated entity, as applicable,''; (C) in subsection (d), by inserting after ``officer or employee thereof,'' the following: ``nor shall any designated entity nor any officer or employee thereof,''; (D) by amending subsection (e) to read as follows: ``(e) Fees.-- ``(1) State program.--In the case of a background check conducted pursuant to a State requirement adopted after December 20, 1993, conducted with fingerprints on a covered individual, the fees collected by authorized State agencies and the Federal Bureau of Investigation may not exceed eighteen dollars, respectively, or the actual cost, whichever is less, of the background check conducted with fingerprints. ``(2) Federal program.--In the case of a national criminal history background check and criminal history review conducted pursuant to the procedures established pursuant to subsection (a)(3), the fees collected by a designated entity shall be set at a level that will ensure the recovery of the full costs of providing all such services. The designated entity shall remit the appropriate portion of such fee to the Attorney General, which amount is in accordance with the amount published in the Federal Register to be collected for the provision of a criminal history background check by the Federal Bureau of Investigation. ``(3) Ensuring fees do not discourage volunteers.--A fee system under this subsection shall be established in a manner that ensures that fees to qualified entities for background checks do not discourage volunteers from participating in programs to care for children, the elderly, or individuals with disabilities.''; (E) by inserting after subsection (e) the following: ``(f) National Criminal History Background Check and Criminal History Review Program.-- ``(1) National criminal history background check.--Upon a designated entity receiving notice of a request submitted by a qualified entity pursuant to subsection (a)(3), the designated entity shall forward the request to the Attorney General, who shall, acting through the Director of the Federal Bureau of Investigation, complete a fingerprint-based check of the national criminal history background check system, and provide the information received in response to such national criminal history background check to the appropriate designated entity. The designated entity may, upon request from a qualified entity, complete a check of a State criminal history database. ``(2) Criminal history review.-- ``(A) Designated entities.--The Attorney General shall designate, and enter into an agreement with, one or more entities to make determinations described in paragraph (2). The Attorney General may not designate and enter into an agreement with a Federal agency under this subparagraph. ``(B) Determinations.--A designated entity shall, upon the receipt of the information described in paragraph (1), make a determination of fitness described in subsection (b)(4), using the criteria described in subparagraph (C). ``(C) Criminal history review criteria.--The Attorney General shall, by rule, establish the criteria for use by designated entities in making a determination of fitness described in subsection (b)(4). Such criteria shall be based on the criteria established pursuant to section 108(a)(3)(G)(i) of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (42 U.S.C. 5119a note).''; and (F) by striking-- (i) ``provider'' each place it appears, and inserting ``covered individual''; and (ii) ``provider's'' each place it appears, and inserting ``covered individual's''; and (2) in section 5-- (A) by amending paragraph (9) to read as follows: ``(9) the term `covered individual' means an individual-- ``(A) who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and ``(B) who-- ``(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or ``(ii) owns or operates, or seeks to own or operate, a qualified entity.''; (B) in paragraph (10), by striking ``and'' at the end; (C) in paragraph (11), by striking the period at the end and inserting ``; and''; and (D) by inserting after paragraph (11) the following: ``(12) the term `designated entity' means an entity designated by the Attorney General under section 3(f)(2)(A).''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall be fully implemented by not later than 1 year after the date of enactment of this Act. Passed the House of Representatives May 22, 2017. Attest: KAREN L. HAAS, Clerk.

DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2019 Further Additional Continuing Appropriations Act, 2019 (Sec. 101) This division amends the Continuing Appropriations Act, 2019 to provide continuing FY2019 appropriations to several federal agencies through the earlier of February 8, 2019 (December 21, 2018, under current law), or the enactment of the applicable appropriations legislation. It is known as a continuing resolution (CR) and prevents a partial government shutdown that would otherwise occur when the existing CR expires if any of the seven remaining FY2019 appropriations bills have not been enacted. (Five of the FY2019 appropriations bills were enacted earlier this year, including: the Department of Defense Appropriations Act, 2019; the Energy and Water Development and Related Agencies Appropriations Act, 2019; the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2019; the Legislative Branch Appropriations Act, 2019; and the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2019.) The CR extends through February 8, 2019: the Department of Homeland Security Chemical Facility Anti-Terrorism Standards Program; the authority for the Department of Health and Human Services Biomedical Advanced Research and Development Authority to withhold from public disclosure certain technical data or scientific information that reveals vulnerabilities of existing medical or public health defenses against biological, chemical, nuclear, or radiological threats; and an exemption from antitrust laws for meetings and consultations to discuss the development of certain vaccines and drugs related to public health threats such as bioterrorism, pandemics, or epidemics. Additionally, the CR has the effect of extending through February 8, 2019, several authorities and programs that were extended in prior CRs, including: the National Flood Insurance Program, the Violence Against Women Act, the authority for the Environmental Protection Agency to collect and spend certain fees related to pesticides, the Temporary Assistance for Needy Families (TANF) program, and several authorities related to immigration. The CR also delays the release of required Congressional Budget Office and Office of Management and Budget sequestration reports. DIVISION B--MEDICAID EXTENDERS (Sec. 101) The division amends the Deficit Reduction Act of 2005 to make appropriations for FY2019, and otherwise revise, the Money Follows the Person Rebalancing Demonstration Program (Under this program, the Centers for Medicare & Medicaid Services must award grants to state Medicaid programs to assist states in increasing the use of home and community care for long-term care and decreasing the use of institutional care.) (Sec. 102) Additionally, the division temporarily extends the applicability of Medicaid eligibility criteria that protect against spousal impoverishment for recipients of home and community-based services. (Sec. 103) The division also reduces the federal medical assistance percentage (i.e., federal matching rate) for states that have not implemented asset-verification programs for determining Medicaid eligibility. (Sec. 104) The division reduces funding available to the Medicaid Improvement Fund beginning in FY2021. (Sec. 105) This section exempts the budgetary effects of this division from: (1) the Pay-As-You-Go (PAYGO) rules established by the Statutory Pay-As-You-Go Act of 2010 and the FY2018 congressional budget resolution, and (2) certain budget scorekeeping guidelines. It also requires any debits on the statutory PAYGO scorecard for 2019 to be transferred to the 2020 scorecard. (The Statutory Pay-As-You-Go Act of 2010 prohibits certain legislation from increasing the budget deficit. PAYGO scorecards are used to enforce the requirements and determine whether a sequestration order implementing spending cuts is necessary.)

Child Protection Improvements Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancement in Pediatric Autism Research Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Infantile autism and autism spectrum disorders are biologically-based neurodevelopmental diseases that cause severe impairments in language and communication and generally manifest in young children sometime during the first two years of life. (2) Best estimates indicate that 1 in 500 children born today will be diagnosed with an autism spectrum disorder and that 400,000 Americans have autism or an autism spectrum disorder. (3) Three quarters of those with infantile autism spend their adult lives in institutions or group homes, and usually enter institutions by the age of 13. (4) The cost of caring for individuals with autism and autism spectrum disorder is great, and is estimated to be $13.3 billion per year solely for direct costs. (5) The rapid advancements in biomedical science suggest that effective treatments and a cure for autism are attainable if-- (A) there is appropriate coordination of the efforts of the various agencies of the Federal Government involved in biomedical research on autism and autism spectrum disorders; (B) there is an increased understanding of autism and autism spectrum disorders by the scientific and medical communities involved in autism research and treatment; and (C) sufficient funds are allocated to research. (6) Specifically, more knowledge is needed concerning-- (A) the underlying causes of autism and autism spectrum disorders, how to treat the underlying abnormality or abnormalities causing the severe symptoms of autism, and how to prevent these abnormalities from occurring in the future; (B) the epidemiology of, and the identification of risk factors for, infantile autism and autism spectrum disorders; (C) the development of methods for early medical diagnosis and functional assessment of individuals with autism and autism spectrum disorders, including identification and assessment of the subtypes within the autism spectrum disorders, for the purpose of monitoring the course of the disease and developing medically sound strategies for improving the outcomes of such individuals; (D) existing biomedical and diagnostic data that are relevant to autism and autism spectrum disorders for dissemination to medical personnel, particularly pediatricians, to aid in the early diagnosis and treatment of this disease; and (E) the costs incurred in educating and caring for individuals with autism and autism spectrum disorders. (7) In 1998, the National Institutes of Health announced a program of research on autism and autism spectrum disorders. A sufficient level of funding should be made available for carrying out the program. SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON AUTISM. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following section: ``autism ``Sec. 409C. (a) In General.-- ``(1) Expansion of activities.--The Director of NIH (in this section referred to as the `Director') shall expand, intensify, and coordinate the activities of the National Institutes of Health with respect to research on autism. ``(2) Administration of program; collaboration among agencies.--The Director shall carry out this section acting through the Director of the National Institute of Mental Health and in collaboration with the Director of the National Institute of Child Health and Human Development, the Director of the National Institute of Neurological Disorders and Stroke, and the Director of the National Institute on Deafness and Other Communication Disorders. ``(3) Autism coordinating committee.--The Director shall ensure that-- ``(A) there is in operation at the National Institutes of Health a committee to coordinate, with respect to research on autism, the activities of the national research institutes specified in paragraph (2); and ``(B) the coordinating committee is composed of the directors of such national research institutes and such other officials of the National Institutes of Health as the Director determines to be appropriate. ``(b) Centers of Excellence.-- ``(1) In general.--The Director shall under subsection (a)(1) make awards of grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding research on autism. ``(2) Research, training, and information and education.-- Each center under paragraph (1) shall conduct-- ``(A) basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of autism, including research in the fields of developmental neurobiology, genetics, and psychopharmacology; ``(B) training programs for physicians, scientists, and other health and allied health professionals; and ``(C) information and continuing education programs for physicians and other health and allied health professionals who provide care for patients with autism. ``(3) Services for patients.--A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. The program may provide fees to such subjects. The program may, in accordance with such criteria as the Director may establish, provide to such subjects health care, referrals for health and other services, and such incidental services as will facilitate the participation of individuals as such subjects. ``(4) Stipends for training of health professionals.--A center under paragraph (1) may expend amounts provided under such paragraph to provide stipends for health professionals enrolled in training programs under paragraph (2)(B). ``(5) Coordination of centers; reports.--The Director shall, as appropriate, provide for the coordination of information among centers under paragraph (1) and ensure regular communication between such centers, and may require the periodic preparation of reports on the activities of the centers and the submission of the reports to the Director and the coordinating committee under subsection (a)(3). ``(6) Organization of centers.--Each center under paragraph (1) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director. ``(7) Number of centers; duration of support.--The Director shall, subject to the extent of amounts made available in appropriations Acts, provide for the establishment of not less than five centers under paragraph (1). Support of such a center may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(c) Information and Education.--The Director shall under subsection (a)(1) carry out a program to provide information and education on autism to health professionals and the general public, including information and education on advances in the diagnosis and treatment of autism. ``(d) Facilitation of Research.--The Director shall under subsection (a)(1) provide by contract for a program under which samples of tissues and genetic materials that are of use in research on autism are donated, collected, preserved, and made available for such research. The program shall be carried out in accordance with accepted scientific and medical standards for the donation, collection, and preservation of such samples. ``(e) Public Input.--The Director shall under subsection (a)(1) provide for means through which the public can obtain information on the existing and planned programs and activities of the National Institutes of Health with respect to autism and through which the Director can receive comments from the public regarding such programs and activities. ``(f) Autism Spectrum Disorders.--For purposes of this section, the term `autism' includes autism spectrum disorders to the extent determined by the Director to be appropriate. ``(g) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $40,000,000 for fiscal year 1999, and such sums as may be necessary for each of the fiscal years 2000 through 2003. Such authorizations of appropriations are in addition to any other authorization of appropriations that is available for such purpose. ``(2) Allocations.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Director shall make available not less than 75 percent for carrying out subsection (b), not less than 6 percent for carrying out subsection (c), and not less than 4 percent for carrying out subsection (d).''.

Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things to: (1) ensure that at NIH there is a committee to coordinate research on autism; and (2) make awards and grants to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations.

Advancement in Pediatric Autism Research Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Forest Restoration Investment Tax Credit Act''. SEC. 2. CARBON SEQUESTRATION INVESTMENT TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45S. CARBON SEQUESTRATION INVESTMENT CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--For purposes of section 38, in the case of an eligible taxpayer's investment in a carbon sequestration project approved by the implementing panel under section 2 of the International Carbon Conservation Act, the carbon sequestration investment credit determined under this section for the taxable year is an amount equal to-- ``(A) $3.00, multiplied by ``(B) the number of tons of carbon the implementing panel determines was sequestrated in such project during the calendar year ending with or within such taxable year, multiplied by ``(C) the percentage of the total investment in such project which is represented by the investment in such project which is attributable, directly or indirectly, to the eligible taxpayer, as determined by the implementing panel. ``(2) Aggregate dollar limitation.--The credit determined under paragraph (1) for any taxable year, when added to any credit allowed to the eligible taxpayer with respect to the such project in any preceding taxable year, shall not exceed 50 percent of the investment attributable to the eligible taxpayer with respect to such project through such taxable year. ``(b) Annual Limitation on Aggregate Credit Allowable.-- ``(1) In general.--The amount of the carbon sequestration investment credit determined under subsection (a) for any taxable year, when added to all such credits allowed to all eligible taxpayers with respect to the such project for such taxable year shall not exceed the credit dollar amount allocated to such project under this subsection by the implementing panel for the calendar year ending with or within such taxable year. ``(2) Time for making allocation.--An allocation shall be taken into account under paragraph (1) only if it is made not later than the close of the calendar year in which the carbon sequestration project proposal with respect to such project is approved by the implementing panel under section 2 of the International Carbon Conservation Act. ``(3) Aggregate credit dollar amount.--The aggregate credit dollar amount which the implementing panel may allocate for any calendar year is equal to $250,000,000. ``(c) Eligible Taxpayer; Implementing Panel.--For purposes of this section-- ``(1) Eligible taxpayer.--A taxpayer is eligible for the credit under this section with respect to a carbon sequestration project if such taxpayer has not elected the application of sections 3 and 4 of the International Carbon Conservation Act with respect to such project. ``(2) Implementing panel.--The term `implementing panel' means the implementing panel established under section 2 of such Act. ``(d) Recapture of Credit in Certain Cases.-- ``(1) In general.--If, at any time during the 30-year period of a carbon sequestration project, there is a recapture event with respect to such project, then the tax imposed by this chapter for the taxable year in which such event occurs shall be increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1)-- ``(A) In general.--The credit recapture amount is an amount equal to the recapture percentage of all carbon sequestration investment credits previously allowable to an eligible taxpayer with respect to any investment in such project that is attributable to such taxpayer. ``(B) Recapture percentage.--The recapture percentage shall be 100 percent if the recapture event occurs during the first 10 years of the project, 66\2/ 3\ percent if the recapture event occurs during the second 10 years of the project, 33\1/3\ percent if the recapture event occurs during the third 10 years of the project, and 0 percent if the recapture event occurs at any time after the 30th year of the project. ``(3) Recapture event.--For purposes of paragraph (1), there is a recapture event with respect to a carbon sequestration project if-- ``(A) the eligible taxpayer violates a term or condition of the approval of the project by the implementing panel at any time, ``(B) the eligible taxpayer adopts a practice which the implementing panel has specified in its approval of the project as a practice which would tend to defeat the purposes of the carbon sequestration program, or ``(C) the eligible taxpayer disposes of any ownership interest arising out of its investment that the implementing panel has determined is attributable to the project, unless the implementing panel determines that such disposition will not have any adverse effect on the carbon sequestration project. If an event which otherwise would be a recapture event is outside the control of the eligible taxpayer, as determined by the implementing panel, such event shall not be treated as a recapture event with respect to such taxpayer. ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(e) Disallowance of Double Benefit.-- ``(1) Basis reduction.--The basis of any investment in a carbon sequestration project shall be reduced by the amount of any credit determined under this section with respect to such investment. ``(2) Charitable deduction disallowed.--No deduction shall be allowed to an eligible taxpayer under section 170 with respect to any contribution which the implementing panel certifies pursuant to section 2 of the International Carbon Conservation Act to the Secretary constitutes an investment in a carbon sequestration project that is attributable to such taxpayer. ``(f) Certification to Secretary.--The implementing panel shall certify to the Secretary before January 31 of each year with respect to each eligible taxpayer which has made an investment in a carbon sequestration project-- ``(1) the amount of the carbon sequestration investment credit allowable to such taxpayer for the preceding calendar year, ``(2) whether a recapture event occurred with respect to such taxpayer during the preceding calendar year, and ``(3) the credit recapture amount, if any, with respect to such taxpayer for the preceding calendar year. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which limit the credit for investments which are directly or indirectly subsidized by other Federal benefits, ``(2) which prevent the abuse of the provisions of this section through the use of related parties, and ``(3) which impose appropriate reporting requirements.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the carbon sequestration investment credit determined under section 45S(a).''. (c) Deduction for Unused Credit.--Subsection (c) of section 196 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding at the end the following new paragraph: ``(15) the carbon sequestration investment credit determined under section 45S(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Carbon sequestration investment credit''. (e) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2010. SEC. 3. ALLOWANCE OF DEDUCTION FOR DIVIDENDS RECEIVED FROM CONTROLLED FOREIGN CORPORATIONS FOR ADDITIONAL YEAR. (a) In General.--Section 965 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Allowance for Deduction for an Additional Year.-- ``(1) In general.--In the case of an election under this subsection, subsection (f)(1) shall be applied by substituting `January 1, 2011,' for `the date of the enactment of this section'. ``(2) Special rules.--For purposes of paragraph (1)-- ``(A) Extraordinary dividends.--Subsection (b)(2) shall be applied by substituting `June 30, 2010' for `June 30, 2003'. ``(B) Determinations relating to related party indebtedness.--Subsection (b)(3)(B) shall be applied by substituting `October 3, 2011' for `October 3, 2004'. ``(C) Applicable financial statement.--Subsection (c)(1) shall be applied by substituting `June 30, 2010' for `June 30, 2003' each place it occurs. ``(D) Determinations relating to base period.-- Subsection (c)(2) shall be applied by substituting `June 30, 2010' for `June 30, 2003'.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years ending on or after January 1, 2011.

Global Forest Restoration Investment Tax Credit Act - Amends the Internal Revenue Code to: (1) allow a business-related tax credit for investment in a carbon sequestration project approved under the International Carbon Conservation Act; and (2) extend through 2011 the taxpayer election to deduct dividends received from a controlled foreign corporation.

A bill to amend the Internal Revenue Code of 1986 to provide a carbon sequestration investment tax credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pima County Land Adjustment Act''. SEC. 2. LAND EXCHANGE, EMPIRITA-SIMONSON, BLOOM, AND SAHUARITA PROPERTIES, ARIZONA. (a) Exchange Authorized.--If Las Cienegas Conservation, LLC, conveys to the Secretary of the Interior all right, title, and interest in and to the Empirita-Simonson property and the Bloom property, the Secretary shall convey to Las Cienegas Conservation, LLC, all right, title, and interest in and to the Sahuarita property. (b) Boundary Adjustment.--Upon receipt of the Empirita-Simonson property and the Bloom property, the Secretary shall-- (1) modify the boundaries of the Las Cienegas National Conservation Area to include the Empirita-Simonson property; and (2) modify the boundaries of the Saguaro National Park to include the Bloom property. (c) Time for Exchange.--Except as otherwise provided by this Act, the land exchange authorized under this section shall be completed prior to the expiration of the 90-day period beginning on the later of the following dates: (1) The date on which the title standards described in this Act are met with regard to the properties to be conveyed to the United States. (2) The date on which the appraisals described in this Act for the properties are approved by both the Secretary and Las Cienegas Conservation, LLC, or in the case of a dispute concerning an appraisal or appraisal issue arising under that section, the date the dispute is resolved under that section. (d) Water Rights.-- (1) Lands owned by pima county.--The exchange under this section may not take place unless Neal Simonson (or his successors in interest) and Pima County, Arizona, enter into an agreement under which Neal Simonson (or his successors in interest) relinquishes to Pima County any right to withdraw water from lands owned by Pima County in section 17, township 17 south, range 18 east, Gila and Salt River Baseline and Meridian. (2) Empirita-simonson property.--The exchange under this section may not take place unless Neal Simonson (or his successors in interest) and the Secretary enter into an agreement under which Neal Simonson (or his successors in interest) limits his reserved withdrawal right on the Empirita- Simonson property to maximum of 550 acre feet per year. (e) Environmental Review.--As a condition of the exchange authorized by this section, Las Cienegas Conservation, LLC, shall pay direct costs incurred in connection with the environmental review and any required mitigation of the selected lands. (f) Endangered Species Act Review.--The Secretary shall review the conveyance of the Sahuarita property under this section in accordance with section 7(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(1)). SEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC HILL PROPERTY. (a) Acquisition of Tumamoc Hill Property.-- (1) In general.--Notwithstanding any other provision of law, upon the expiration of the 30-day period beginning on the date of the enactment of this Act, all right, title, and interest to, and the right to immediate possession of, the Tumamoc Hill property is hereby vested in the United States. The Tumamoc Hill property shall remain subject to existing easements of record. (2) Compensation.--As consideration for the Tumamoc Hill property acquired under paragraph (1) and as a condition of the exchange under section 2, the Las Cienegas Conservation, LLC, shall pay to the State of Arizona, State Land Department, an amount equal to the agreed negotiated value of the Tumamoc Hill property, determined as of the date of the acquisition, or the just compensation determined by judgment. (3) Determination of value by court.--In the absence of agreement as to the amount of just compensation, the State of Arizona or the Secretary may initiate a proceeding in the United States District Court for the District of Arizona seeking a determination of just compensation for the acquisition of the Tumamoc Hill property. (4) Withdrawal.--Subject to valid existing rights, upon acquisition under this section, the Tumamoc Hill property is withdrawn from-- (A) all forms of entry and appropriation under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Conveyance.-- (1) In general.--Upon payment of costs under paragraph (2) of this subsection and payment of compensation in accordance with subsection (a)(2), the United States shall convey all right, title, and interest of the United States to the Tumamoc Hill property to Pima County. (2) Costs.--Pima County shall pay all costs (not including the compensation required under subsection (a)(2) associated with the conveyance authorized by paragraph (1). (3) Use of land.--Pima County shall-- (A) own and manage the property conveyed under paragraph (1) in such a manner that the property shall be preserved forever in its predominantly open, scenic, undeveloped, and natural condition; (B) promote the conservation purposes of the property; and (C) prevent any uses of the property that will significantly impair or interfere with the biological and cultural importance of the property. (c) Reverter.--If the property conveyed under subsection (b) ceases to be owned and managed in accordance with subsection (b), all right, title, and interest to the property shall revert to the United States to be used for those purposes, if the Secretary determines that such a reversion is in the best interests of the United States. SEC. 4. VALUATION OF LAND EXCHANGED. (a) Exchange Valuation.-- (1) In general.--The values of the lands to be exchanged under this Act shall be determined by the Secretary through concurrent appraisals conducted in accordance with paragraph (2). (2) Appraisals.-- (A) In general.--An appraisal under this section shall be-- (i) performed by an appraiser mutually agreed to by the parties to the exchange; (ii) performed in accordance with-- (I) the Uniform Appraisal Standards for Federal Land Acquisitions (Department of Justice, 5th Edition, December 20, 2000); (II) the Uniform Standards of Professional Appraisal Practice; and (III) Forest Service appraisal instructions; and (iii) submitted to the Secretary for review and approval. (B) Reappraisals and updated appraised values.-- After the final appraised value of a parcel is determined and approved under subparagraph (A), the Secretary shall not be required to reappraise or update the final appraised value. (C) Deadline for appraisals.--All appraisals under this Act shall be completed and submitted to the Secretary and the party involved for approval before the expiration of the 180-day period beginning on the date of the enactment of this Act. (D) Public review.--Before carrying out a land exchange under this Act, the Secretary shall make available for public review a summary of the appraisals of the land to be exchanged. (b) Values Deemed Equal.--If the values of lands to be exchanged under section 2 are not found to be equal under the appraisals required under this Act-- (1) the values shall be deemed to be equal for the purposes of the land exchanges authorized under this Act; (2) no equalization payment or land adjustment shall be made based on the values; and (3) a party to the exchange may decide not to move forward with the exchange, if the land that party will transfer (or, in the case of Las Cienegas Conservation, LLC, the land that party will transfer plus the amount that party will pay under section 3(a)(2)) is determined to be of greater value than the land the party will receive based on the appraisals required under this Act. SEC. 5. ADMINISTRATION OF LAND EXCHANGES. (a) Title Standards.--The Secretary shall require that title to the lands to be exchanged under this Act conform with the title standards of the Attorney General of the United States. (b) Corrections to Legal Descriptions.--By mutual agreement, the Secretary and the party involved may adjust the legal descriptions contained in this Act to correct errors or to make minor adjustments in the boundaries of the lands to be exchanged. (c) Deadline for Environmental Reviews.--Before the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary shall complete all environmental reviews of lands to be exchanged under this Act that are required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (d) Elgin Landfill.--The boundary of the Las Cienegas National Conservation Area is modified to exclude the 40-acre tract presently leased by the Bureau of land management to the town of Elgin, Arizona, for a sanitary landfill. SEC. 6. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Empirita-simonson property.--The term ``Empirita- Simonson property'' means the parcel of land consisting of approximately 2,490 acres in sections 14, 22, 23, 24, 25, 26, and 36, township 17 south, range 18 east, Gila and Salt River Base and Meridian. (3) Bloom property.--The term ``Bloom property'' means the parcel of land consisting of approximately 160 acres, as generally depicted on the map titled ``Saguaro National Park, Bloom Tract'' and dated April 17, 2007. (4) Sahuarita property.--The term ``Sahuarita property'' means the parcel of land consisting of approximately 1,280 acres in sections 5, 7, and 8, township 17 south, range 15 east, Gila and Salt River Base and Meridian. (5) Tumamoc hill property.--The term ``Tumamoc Hill property'' means the parcel of land owned by the State of Arizona consisting of approximately 290 acres in sections 9, 10, 15, and 16 township 14 south, range 13 east, Gila and Salt River Base and Meridian, excluding approximately 30 acres of landfill as shown on the map on file in the records of Pima County, Arizona.

Pima County Land Adjustment Act - Requires the Secretary of the Interior (the Secretary) to convey to Las Cienegas Conservation, LLC, the Sahuarita property, which consists of approximately 1,280 acres, in exchange for the Empirita-Simonson property, which consists of approximately 2,490 acres, and the Bloom property, which consists of approximately 160 acres. Requires the Secretary to modify the boundaries of the Las Cienegas National Conservation Area to include the Empirita-Simonson property and the boundaries of the Saguaro National Park to include the Bloom property. Requires the Secretary to convey the Tumamoc Hill property, which consists of approximately 290 acres, to Pima County, Arizona, upon the county paying the value of such property to the State of Arizona, State Land Department. Modifies the boundary of the Las Cienegas National Conservation Area to exclude the 40-acre tract presently leased by the Bureau of Land Management to the town of Elgin, Arizona, for a sanitary landfill.

To provide for a land exchange involving certain Bureau of Land Management lands in Pima County, Arizona, for the purpose of consolidating Federal land ownership within the Las Cienegas National Conservation Area, and for other purposes.

SECTION 1. MEDICARE MEDICAL ADULT DAY CARE SERVICES DEMONSTRATION PROGRAM. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by inserting after section 1895 the following new section: ``medical adult day care services demonstration program ``Sec. 1895A. (a) Establishment.--Subject to the succeeding provisions of this section, the Secretary shall establish a demonstration program under which the Secretary shall reimburse a qualified provider of services for medical adult day care services furnished as part of a plan of care for home health services established for a medicare beneficiary if elected by the beneficiary. Requirements applicable to eligibility for receipt of home health services shall apply for medical adult day care services, including requirements for the beneficiary to be homebound. ``(b) Demonstration Project Sites.--The program established under this section shall be conducted in States selected by the Secretary that license or certify providers of services that furnish medical adult day care services, and shall be conducted in no more than 5 such States. Of the States selected by the Secretary, one shall include a State that has, as a percentage of its resident population, the 1 of the 5 highest percentages of medicare beneficiaries residing in the State. ``(c) Duration.--The Secretary shall conduct the demonstration program for a period of 4 and one half years. ``(d) Voluntary Participation.--Participation of medicare beneficiaries in the demonstration program shall be voluntary. The total number of such beneficiaries that may participate in the project at any given time may not exceed 15,000. Medicare beneficiaries with a secondary diagnosis or comorbidity of Alzheimer's or Parkinson's disease shall be given preference in determining who may participate in the demonstration project. ``(e) Payment.--Payment to qualified providers of services for medical adult day care services furnished under the demonstration project shall be equal to 95 percent of the rate that would otherwise apply under section 1895 for home health services furnished. ``(f) Provisions Relating to Providers.-- ``(1) Limitation on number of providers and service areas.--Not more than 25 qualified providers of services may furnish medical adult day care services under the demonstration project, and not more than 17 such providers may have as its primary service area an urban area. Qualified providers of services that are under common ownership or control of an organization that furnish medical adult day care services under the project shall all be treated, for purposes of the limitation of this paragraph, as a single qualified provider of services. ``(2) Preference to certain classes of providers.--In selecting qualified providers of services to furnish medical adult day care services under the demonstration program, the Secretary shall give preference to those providers that are home health agencies, as defined in section 1861(o), under common ownership or control of an organization that proposes to furnish medical adult day care services in a service area that encompasses more than one State. ``(g) Evaluation and Report.--The Secretary shall conduct an evaluation of the clinical and cost effectiveness of the demonstration program under this section. Not later 3 years after the commencement of the program, the Secretary shall submit to Congress a report on the evaluation, and shall include in the report the following: ``(1) An analysis of the patient outcomes and costs of furnishing care to the medicare beneficiaries participating in the program as compared to such outcomes and costs to beneficiaries receiving only home health services for the same health conditions. ``(2) Such recommendations regarding the extension, expansion, or termination of the program as the Secretary determines appropriate. In conducting the evaluation and analysis under this subsection, the Secretary shall utilize data collected through the OASIS system referred to in subsection (e), and may collect such supplemental data from qualified providers of services participating in the demonstration program as the Secretary determines appropriate. ``(h) Definitions.--In this section: ``(1) Qualified provider of services.--The term `qualified provider of services' means, with respect to the furnishing of medical adult day care services-- ``(A) a public agency or private organization, or a subdivision of such an agency or organization, that-- ``(i) is engaged in providing skilled nursing services and other therapeutic services directly or under arrangement with a home health agency; ``(ii) meets such standards established by the Secretary to assure quality of care and such other requirements as the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services in the facility; ``(iii) provides the medical adult day care services described in paragraph (2)(B); ``(iv) meets the requirements of paragraphs (2) through (8) of section 1861(o), but the Secretary may waive the requirement for a surety bond under paragraph (7) of such section in the same manner as is provided under such section; and ``(v) has been licensed or certified by a State to furnish medical adult day care services in the State for a continuous period of not less than 24 months; or ``(B) a home health agency (as defined in section 1861(o)), either directly or under arrangements with an agency or organization described in subparagraph (A) that has been licensed or certified by a State to furnish home health services in the State for a continuous period of not less than 24 months. ``(2) Medical adult day care services.-- ``(A) In general.--The term `medical adult day care services' means the items and services described in subparagraph (B) that are furnished to a medicare beneficiary by a qualified provider of services as a part of a plan under section 1861(m) that describes the home health service items and services that are to be furnished in the individual's residence and the medical adult day care items and services described in subparagraph (B) that are furnished by the qualified provider of services in a medical adult day care setting, as determined by the physician establishing the plan pursuant to a comprehensive patient assessment conducted by the qualified provider of services and approved by the physician. ``(B) Items described.--The items and services described in this subparagraph are the following: ``(i) Home health service items and services described in paragraphs (1) through (7) of section 1861(m). ``(ii) Transportation of the individual to and from the qualified provider of services in connection with any such item or service. ``(iii) Meals. ``(iv) A program of supervised activities (that meets such criteria as the Secretary determines appropriate) designed to promote physical and mental health that are furnished to the individual by the qualified provider of services in a group setting. ``(3) Medicare beneficiary.--The term `medicare beneficiary' means an individual entitled to benefits under part A of this title, enrolled under part B of this title, or both.''.

Amends Title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to establish a demonstration program to examine the clinical and cost effectiveness of providing medical adult day care center services to Medicare beneficiaries.

To amend title XVIII of the Social Security Act to direct the Secretary of Health and Human Services to carry out a demonstration program under the Medicare Program to examine the clinical and cost effectiveness of providing medical adult day care center services to Medicare beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chapter 12 Extension and Bankruptcy Judgeship Act of 2000''. SEC. 2. AMENDMENTS. (a) Extension of Chapter 12.--Section 149 of title I of division C of Public Law 105-277, as amended by Public Law 106-5 and Public Law 106-70, is amended-- (1) by striking ``July 1, 2000'' each place it appears and inserting ``June 1, 2001''; and (2) in subsection (a)-- (A) by striking ``September 30, 1999'' and inserting ``June 30, 2000''; and (B) by striking ``October 1, 1999'' and inserting ``July 1, 2000''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on July 1, 2000. SEC. 3. BANKRUPTCY JUDGESHIPS. (a) Temporary Judgeships.-- (1) Appointments.--The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title: (A) One additional bankruptcy judge for the eastern district of California. (B) Four additional bankruptcy judges for the central district of California. (C) One additional bankruptcy judge for the district of Delaware. (D) Two additional bankruptcy judges for the southern district of Florida. (E) One additional bankruptcy judge for the southern district of Georgia. (F) Two additional bankruptcy judges for the district of Maryland. (G) One additional bankruptcy judge for the eastern district of Michigan. (H) One additional bankruptcy judge for the southern district of Mississippi. (I) One additional bankruptcy judge for the district of New Jersey. (J) One additional bankruptcy judge for the eastern district of New York. (K) One additional bankruptcy judge for the northern district of New York. (L) One additional bankruptcy judge for the southern district of New York. (M) One additional bankruptcy judge for the eastern district of North Carolina. (N) One additional bankruptcy judge for the eastern district of Pennsylvania. (O) One additional bankruptcy judge for the middle district of Pennsylvania. (P) One additional bankruptcy judge for the district of Puerto Rico. (Q) One additional bankruptcy judge for the western district of Tennessee. (R) One additional bankruptcy judge for the eastern district of Virginia. (2) Vacancies.--The first vacancy occurring in the office of a bankruptcy judge in each of the judicial districts set forth in paragraph (1) shall not be filled if the vacancy-- (A) results from the death, retirement, resignation, or removal of a bankruptcy judge; and (B) occurs 5 years or more after the appointment date of a bankruptcy judge appointed under paragraph (1). (b) Extensions.-- (1) In general.--The temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, the district of South Carolina, and the eastern district of Tennessee under paragraphs (1), (3), (7), (8), and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring-- (A) 8 years or more after November 8, 1993, with respect to the northern district of Alabama; (B) 10 years or more after October 28, 1993, with respect to the district of Delaware; (C) 8 years or more after August 29, 1994, with respect to the district of Puerto Rico; (D) 8 years or more after June 27, 1994, with respect to the district of South Carolina; and (E) 8 years or more after November 23, 1993, with respect to the eastern district of Tennessee. (2) Applicability of other provisions.--Except as provided in paragraph (1), section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) shall continue to apply to the temporary office of bankruptcy judges referred to in such paragraph. (c) Technical Amendments.--Section 152(a) of title 28, United States Code, is amended-- (1) in paragraph (1) by striking the first sentence and inserting the following: ``Each bankruptcy judge authorized to be appointed for a judicial district as provided in paragraph (2) shall be appointed by the United States court of appeals for the circuit in which such district is located.''; and (2) in paragraph (2)-- (A) in the item relating to the middle district of Georgia, by striking ``2'' and inserting ``3''; and (B) in the collective item relating to the middle and southern districts of Georgia, by striking ``Middle and Southern . . . . . . 1''. Passed the House of Representatives October 31, 2000. Attest: Clerk. 106th CONGRESS 2d Session H. R. 5540 _______________________________________________________________________ AN ACT To extend for 11 additional months the period for which chapter 12 of title 11 of the United States Code is reenacted; to provide for additional temporary bankruptcy judges; and for other purposes.

Makes this amendment effective as of July 1, 2000 (the previous expiration date). Amends the Federal judicial code to mandate appointments for additional temporary bankruptcy judgeships in California, Delaware, Florida, Georgia, Maryland, Michigan, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, Tennessee, and Virginia. Provides that the first vacancy occurring in such district five years or more after a judge is appointed under this Act shall not be filled. Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, and the districts of Delaware, Puerto Rico, and South Carolina, and the eastern district of Tennessee.

Chapter 12 Extension and Bankruptcy Judgeship Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Transaction Facilitation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Bureau of Land Management has authority under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) to sell land identified for disposal under its land use planning; (2) the Bureau of Land Management has authority under that Act to exchange Federal land for non-Federal land if the exchange would be in the public interest; (3) through land use planning under that Act, the Bureau of Land Management has identified certain tracts of public land for disposal; (4) the land management agencies of the Department of the Interior have authority under existing law to acquire land consistent with land use plans and the mission of each agency; (5) the sale or exchange of land identified for disposal and the acquisition of certain non-Federal land from willing landowners would-- (A) allow for the reconfiguration of land ownership patterns to better facilitate resource management; (B) contribute to administrative efficiency within Federal land management units; and (C) allow for increased effectiveness of the allocation of fiscal and human resources within the Federal land management agencies; (6) a more expeditious process for disposal and acquisition of land, established to facilitate a more effective configuration of land ownership patterns, would benefit the public interest; (7) many private individuals own land within the boundaries of Federal land management units and desire to sell the land to the Federal Government; (8) such land lies within national parks, national monuments, national wildlife refuges, and other areas designated for special management; (9) Federal land management agencies are facing increased workloads from rapidly growing public demand for the use of public land, making it difficult for Federal managers to address problems created by the existence of inholdings in many areas; (10) in many cases, inholders and the Federal Government would mutually benefit from Federal acquisition of the land on a priority basis; (11) proceeds generated from the disposal of public land may be properly dedicated to the acquisition of inholdings and other land that will improve the resource management ability of the Bureau of Land Management and adjoining landowners; (12) using proceeds generated from the disposal of public land to purchase inholdings and other such land from willing sellers would enhance the ability of the Federal land management agencies to-- (A) work cooperatively with private landowners and State and local governments; and (B) promote consolidation of the ownership of public and private land in a manner that would allow for better overall resource management; (13) in certain locations, the sale of public land that has been identified for disposal is the best way for the public to receive fair market value for the land; and (14) to allow for the least disruption of existing land and resource management programs, the Bureau of Land Management may use non-Federal entities to prepare appraisal documents for agency review and approval consistent with applicable provisions of the Uniform Standards for Federal Land Acquisition. SEC. 3. DEFINITIONS. In this Act: (1) Exceptional resource.--The term ``exceptional resource'' means a resource of scientific, historic, cultural, or recreational value that has been documented by a Federal, State, or local governmental authority, and for which extraordinary conservation and protection is required to maintain the resource for the benefit of the public. (2) Federally designated area.--The term ``Federally designated area'' means land administered by the Secretary in Alaska and the eleven contiguous Western States (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that on the date of enactment of this Act was within the boundary of-- (A) a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, or a national natural landmark managed by the Bureau of Land Management; (B) a unit of the National Park System; (C) a unit of the National Wildlife Refuge System; or (D) a wilderness area designated under the Wilderness Act (16 U.S.C. 1131 et seq.), the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), or the National Trails System Act (16 U.S.C. 1241 et seq.). (3) Inholding.--The term ``inholding'' means any right, title, or interest, held by a non-Federal entity, in or to a tract of land that lies within the boundary of a federally designated area. (4) Public land.--The term ``public land'' means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. IDENTIFICATION OF INHOLDINGS. (a) In General.--The Secretary shall establish a procedure to-- (1) identify, by State, inholdings within federally designated areas for which the landowner has indicated a desire to sell the land or an interest in land to the Federal Government; and (2) establish the date on which the land or interest in land identified became an inholding. (b) Notice of Policy.--The Secretary shall provide, in the Federal Register and through such other means as the Secretary may determine to be appropriate, periodic notice to the public of the policy under subsection (a), including any information required by the Secretary to consider an inholding for acquisition under section 6. (c) Identification.--An inholding-- (1) shall be considered for identification under this section only if the Secretary receives notification of a desire to sell from the landowner in response to public notice given under subsection (b); and (2) shall be deemed to have been established as of the later of-- (A) the earlier of-- (i) the date on which the land was withdrawn from the public domain; or (ii) the date on which the land was established or designated for special management; or (B) the date on which the inholding was acquired by the current owner. (d) Application to the Secretary of Agriculture.--If funds become available under section 6(c)(2)(E)-- (1) this section shall apply to the Secretary of Agriculture; and (2) private land within an area described in that section shall be deemed to be an inholding for the purposes of this Act. (e) No Obligation To Convey or Acquire.--The identification of an inholding under this section creates no obligation on the part of a landowner to convey the inholding or any obligation on the part of the United States to acquire the inholding. SEC. 5. DISPOSAL OF PUBLIC LAND. (a) In General.--The Secretary shall establish a program, using funds made available under section 6, to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans (as in effect on the date of enactment of this Act) under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712). (b) Sale of Public Land.-- (1) In general.--The sale of public land so identified shall be conducted in accordance with sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1719). (2) Exceptions to competitive bidding requirements.--The exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)) shall apply to this section in cases in which the Secretary determines it to be necessary. (c) Report in Public Land Statistics.--The Secretary shall provide in the annual publication of Public Land Statistics, a report of activities under this section. (d) Termination of Authority.--The authority provided under this section shall terminate 10 years after the date of enactment of this Act. SEC. 6. FEDERAL LAND DISPOSAL ACCOUNT. (a) Deposit of Proceeds.--Notwithstanding any other law (except a law that specifically provides for a proportion of the proceeds to be distributed to any trust funds of any States), the gross proceeds of the sale or exchange of public land under this Act shall be deposited in a separate account in the Treasury of the United States to be known as the ``Federal Land Disposal Account''. (b) Availability.--Amounts in the Federal Land Disposal Account shall be available to the Secretary, without further Act of appropriation, to carry out this Act. (c) Use of the Federal Land Disposal Account.-- (1) In general.--Funds in the Federal Land Disposal Account shall be expended in accordance with this subsection. (2) Fund allocation.-- (A) Purchase of land.--Except as authorized under subparagraph (C), funds shall be used to purchase-- (i) inholdings; and (ii) land adjacent to federally designated areas that contains exceptional resources. (B) Inholdings.--Not less than 80 percent of the funds allocated for the purchase of land within each State shall be used to acquire-- (i) inholdings identified under section 4; and (ii) National Forest System land as authorized under subparagraph (E). (C) Administrative and other expenses.--An amount not to exceed 20 percent of the funds in the Federal Land Disposal Account shall be used for administrative and other expenses necessary to carry out the land disposal program under section 5. (D) Same state purchases.--Of the amounts not used under subparagraph (C), not less than 80 percent shall be expended within the State in which the funds were generated. Any remaining funds may be expended in any other State. (E) Purchase of national forest system land.-- Beginning 5 years after the date of enactment of this Act, if, for any fiscal year, the Secretary determines that funds allocated for the acquisition of inholdings under this section exceed the availability of inholdings within a State, the Secretary may use the excess funds to purchase land, on behalf of the Secretary of Agriculture, within the boundaries of a national recreation area, national scenic area, national monument, national volcanic area, or any other area designated for special management by an Act of Congress within the National Forest System. (3) Priority.--The Secretary may develop and use criteria for priority of acquisition that are based on-- (A) the date on which land or interest in land became an inholding; (B) the existence of exceptional resources on the land; and (C) management efficiency. (4) Basis of sale.--Any acquisition of land under this section shall be-- (A) from a willing seller; (B) contingent on the conveyance of title acceptable to the Secretary (and the Secretary of Agriculture, in the case of an acquisition of National Forest System land) using title standards of the Attorney General; and (C) at not less than fair market value consistent with applicable provisions of the Uniform Appraisal Standards for Federal Land Acquisitions. (d) Contaminated Sites and Sites Difficult and Uneconomic To Manage.--Funds in the Federal Land Disposal Account shall not be used to purchase land or an interest in land that, as determined by the Secretary-- (1) contains a hazardous substances or is otherwise contaminated; or (2) because of the location or other characteristics of the land, would be difficult or uneconomic to manage as Federal land. (e) Investment.--Amounts in the Federal Land Disposal Account shall earn interest at a rate determined by the Secretary of the Treasury based on the current average market yield on outstanding marketable obligations of the United States of comparable maturities. (f) Land and Water Conservation Fund Act.--Funds made available under this section shall be supplemental to any funds appropriated under the Land and Water Conservation Fund Act (16 U.S.C. 460l-4 et seq.). (g) Termination.--On termination of activities under section 5-- (1) the Federal Land Disposal Account shall be terminated; and (2) any remaining balance in the account shall become available for appropriation under section 3 of the Land and Water Conservation Fund Act (16 U.S.C.460l-6). SEC. 7. SPECIAL PROVISIONS. (a) In General.--Nothing in this Act provides an exemption from any limitation on the acquisition of land or interest in land under any Federal Law in effect on the date of enactment of this Act. (b) Other Law.--This Act shall not apply to land eligible for sale under-- (1) Public Law 96-568 (commonly known as the ``Santini- Burton Act'') (94 Stat. 3381); or (2) the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2343). (c) Exchanges.--Nothing in this Act precludes, preempts, or limits the authority to exchange land under-- (1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or (2) the Federal Land Exchange Facilitation Act of 1988 (102 Stat. 1086) or the amendments made by that Act. (d) No New Right or Benefit.--Nothing in this Act creates a right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, its officers, or any other person.

Federal Land Transaction Facilitation Act - Directs the Secretary of the Interior to: (1) establish a procedure to identify, by State, inholdings within federally designated areas for which the landowner has indicated a desire to sell the land or an interest in land to the Federal Government and to establish the date upon which the land or interest in land identified became an inholding; and (2) provide in the Federal Register and through other means as deemed appropriate periodic notice to the public of such policy, including any information to consider an inholding for acquisition. Provides that an inholding shall be considered for identification only if the Secretary receives notification of a desire to sell from the owner in response to such a notice and shall be deemed to have been established as of the later of the earlier of the date on which the land was withdrawn from the public domain or established or designated for special management, or the date on which the inholding was acquired by the current owner. Directs the Secretary to establish a program, using funds from a Federal Land Disposal Account of the Treasury established by this Act, to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans. Sets forth reporting and program termination requirements. Requires that gross proceeds generated by the sale or exchange of public land under this Act be deposited in the Federal Land Disposal Account. Sets forth provisions regarding use of the Account, contaminated sites and sites difficult and uneconomic to manage, investment, and program termination.

Federal Land Transaction Facilitation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cord Blood Stem Cell Act of 2003'' . SEC. 2. FINDINGS. The Congress makes the following findings: (1) Research sponsored by the National Institutes of Health and conducted in full compliance with applicable Food and Drug Administration regulations has demonstrated the feasibility of using cord blood for clinical applications. Stem cells, obtained from the blood contained in the delivered placenta and umbilical cord and donated by the mother, can be used for bone marrow reconstitution by transplantation to recipients with certain malignancies (such as leukemia and lymphoma), genetic disorders (such as sickle cell anemia), and acquired diseases. (2) The placenta, umbilical cord, and the neonatal blood they contain are normally discarded after childbirth. This residual neonatal blood, termed cord blood, is a source of stem cells that can be collected as donor tissue without risk to the donor and can be preserved through freezing for many years and be made immediately available for transplantation in routine or emergency clinical situations. It can also be used for scientific research involving its stem cells. (3) Advantages of cord blood stem cell transplants relative to bone marrow transplants include the reduction of risks to the donor, availability of donor cell units in days rather than months, and lower risk of transplant complications, including graft versus host disease and latent virus infections (such as Epstein-Barr virus or Cytomegalovirus). (4) In conventional bone marrow transplantation, matched siblings are the preferred donors, but only 30 percent of patients have a matched sibling. When no sibling match is found, a search is initiated for an unrelated donor. (5) Finding a fully matched unrelated donor optimizes the chances of successful bone marrow transplantation. In conventional bone marrow transplantation, patients of ethnic minorities generally have difficulty finding fully matched donors, leaving partially matched transplants as their only transplant option. Partially matched bone marrow transplantation leads to a disproportionately high rate of complications, including graft versus host disease and mortality. (6) Cord blood stem cell banks would provide increased genetic diversity in the supply of donors and increase the opportunity to identify fully matched and partially matched transplant units for qualified candidates. Cord blood stem cell transplants using partially matched units reduce the risk of graft versus host disease with its attending morbidity and mortality as compared to conventional bone marrow transplantation. (7) Identifying and delivering an unrelated bone marrow donor from among the several millions in the National registry typically requires many months, sometimes more than 1 year. An inventory of 150,000 cord blood stem cell units, that takes into account the ethnic diversity of the country, would help provide appropriate matches for at least 90 percent of those seeking matched cord blood stem cell transplants, within days of a formal request. (8) Matched donors are more likely within the same ethnic group as the patient's. Some genetic conditions are also more prevalent in members of particular ethnic groups, such as Sickle Cell Anemia, a disease that occurs in one out of 500 African- American newborns. From early infancy, patients with Sickle Cell Anemia have a high risk of severe or fatal bacterial blood infections. Many patients develop painful crises beginning in infancy and occurring up to 20 times per year. Children with recurrent crises, chest syndrome or strokes, are at great risk of dying before the age of 20 years. The median life-span of a patient with Sickle Cell Disease is 42 years, but patients with severe disease in childhood rarely live beyond 20 years. Cord blood stem cell transplantation has cured patients with Sickle Cell Anemia: 80 percent of children transplanted with related cord blood to correct Sickle Cell Anemia or thalassemia were cured in a recently published study. The earlier in the course of severe disease, the transplant is performed, the better the outcomes. Unrelated cord blood transplants are especially beneficial for African American and other ethnic minority patients because cord blood does not have to match as closely as bone marrow. For this reason, an African American patient is much more likely to find a suitable unrelated cord blood donor as compared to a matched bone marrow donor. With an ethnically balanced national cord blood bank of at least 150,000 units, some 90 percent of African American patients who suffer from Sickle Cell Anemia or other conditions requiring bone marrow replacement would be able to find appropriately matched cord blood stem cells for successful treatment. (9) Since its inception in 1987, the National Marrow Donor Program has facilitated 17,000 bone marrow transplants. Cord blood transplantation complements conventional bone marrow transplantation by providing appropriately matched units to patients, especially those of non-caucasoid ethnicity, who have a much lower probability of finding an adequate match through the National Marrow Donor Program. Cord blood is one of the sources of stem cells used in transplantation, however, its collection, preparation, storage and dissemination require specific systems and expertise. (10) Radiation exposure, from accidents or hostile actions could cause bone marrow failure in a portion of those exposed, requiring treatment including bone marrow reconstitution. In these cases the rapid availability of cryopreserved cord blood stem cell units may be important. Years later, those exposed would incur an increased risk of leukemia orlymphoma, which might also require stem cell transplantation. (11) Recent scientific developments suggest that further research on cord blood stem cells may lead to a greater understanding of certain chronic diseases. This research might improve therapies for, and possibly cure, debilitating diseases such as Parkinson's disease, insulin-dependent diabetes, heart disease, and certain types of cancer. These diseases cause a disproportionately large share of chronic disabilities and account for a large portion of health care expenditures in the United States. SEC. 3. NATIONAL CORD BLOOD STEM CELL BANK NETWORK. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 376 the following: ``SEC. 376A. NATIONAL CORD BLOOD STEM CELL BANK NETWORK. ``(a) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Health Resources and Services Administration. ``(2) Cord blood unit.--The term `cord blood unit' means the blood collected from a single placenta and umbilical cord. ``(3) Donor.--The term `donor' means a mother who has delivered a baby and consents to donate the newborn's blood remaining in the placenta and umbilical cord. ``(4) Donor bank.--The term `donor bank' means a qualified cord blood stem cell bank that enters into a contract with the Secretary under subsection (b)(1). ``(5) Human cord blood stem cells.--The term `human cord blood stem cells' means hematopoietic stem cells and any other stem cells contained in the neonatal blood collected immediately after the birth from the separated placenta and umbilical cord. ``(6) National cord blood stem cell bank network.--The term `National Cord Blood Stem Cell Bank Network' means a network of qualified cord blood stem cell banks established under subsection (b). ``(b) National Cord Blood Stem Cell Bank Network.-- ``(1) In general.--The Secretary, acting through the Administrator, shall enter into contracts with qualified cord blood stem cell banks to assist in the establishment, provision, and maintenance of a National Network of Cord Blood Stem Cell Banks that contains at least 150,000 units of human cord blood stem cells. ``(2) Purpose of donor banks.--It is the purpose of the donor banks that are a part of the Network to-- ``(A) acquire, tissue-type, test, cryopreserve, and store donated units of human cord blood acquired with the informed consent of the donor, in a manner that complies with applicable Federal regulations; ``(B) make cord blood units collected under this section, or otherwise, available to transplant centers for stem cell transplantation; and ``(C) allocate up to 10 percent of the cord blood inventory each year for peer-reviewed research. ``(3) Eligibility of donor banks.--A cord blood stem cell bank shall be eligible to be a donor bank if such a bank-- ``(A) has obtained all applicable Federal and State licenses, certifications, registrations (including registration with the Food and Drug Administration), and other authorizations required to operate and maintain a cord blood stem cell bank; ``(B) has implemented donor screening and cord blood collection practices adequate to protect both donors and transplant recipients and to prevent transmission of potentially harmful infections and other diseases; ``(C) has established a system of strict confidentiality to protect the identity and privacy of patients and donors in accordance with existing Federal and State law, and consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 for the release of the identity of donors, recipients, or identifiable records; ``(D) has established a system for encouraging donation by an ethnically diverse group of donors; ``(E) has developed adequate systems for communication with other cord blood stem cell banks, transplant centers, and physicians with respect to the request, release, and distribution of cord blood units nationally and has developed such systems, consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, to track recipients' clinical outcomes for distributed units; and ``(F) has developed a system for educating the public, including patient advocacy organizations, about the benefits of donating and utilizing cord blood stem cells in appropriate circumstances. ``(c) Administration of the Network.-- ``(1) Board of directors.-- ``(A) In general.--The Secretary shall provide for the establishment of a Board of Directors, including a chairperson, who shall administer the National Cord Blood Stem Cell Bank Network, including establishing a national cord blood stem cell registry within the Network and coordinating the donor banks in the Network. ``(B) Composition.-- ``(i) In general.--The Board of Directors shall be composed of members to be appointed by the Secretary who shall serve 3-year terms, and shall include representatives from-- ``(I) cord blood stem cell transplant centers; ``(II) physicians from participating birthing hospitals; ``(III) the cord blood stem cell research community; ``(IV) recipients of cord blood stem cell transplants; ``(V) family members of a patient of the National Cord Blood Stem Cell Bank; ``(VI) individuals with expertise in the social sciences; ``(VII) members of the general public; ``(VIII) the Division of Stem Cell Transplantation of the Health Resources and Services Administration, who shall serve as nonvoting member; and ``(IX) the network donor banks. ``(ii) Terms of service.--Each member appointed under clause (i) may serve up to 2 consecutive 3-year terms, except that this clause shall not apply to the members appointed under subclauses (VIII) and (IX) of clause (i). ``(C) Continuity.--In order to ensure the continuity of the Board of Directors, the Board shall be appointed so that each year the terms of approximately 1/3 of the Board members expire. A member of the Board may continue to serve after the expiration of the term of such a member until a successor is appointed. ``(2) National cord blood stem cell registry.-- ``(A) In general.--The Secretary, acting through the Administrator, shall establish as part of the Network a National Cord Blood Stem Cell Registry. The Registry shall-- ``(i) operate a system for identifying, acquiring, and distributing donated units of cord blood that are suitably matched to candidate patients; ``(ii) provide transplant physicians and other appropriate health care professionals a website function that enables searching the entire registry for suitable donor matches for patients, and requesting specific cord blood units; and ``(iii) maintain a database to document the collection, storage, distribution, and transplantation of cord blood units and the clinical outcomes of all transplantations related to the Network. ``(B) Database.--The database maintained under subparagraph (A)(iii) shall be operated according to standards of consent, disclosure, and confidentiality, including those applicable under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. The Administrator, using the database, shall report to the Secretary on a periodic basis regarding the safety, efficacy, and cost-effectiveness of the clinical, research, and educational activities of the Network. The Secretary shall make such information available to the public. ``(3) Network standards.--The Board of Directors shall ensure that-- ``(A) the donor banks within the National Cord Blood Stem Cell Bank Network meet the requirements of subsection (b)(3) on a continuing basis; and ``(B) the National Cord Blood Stem Cell Bank Network and their birthing hospital collection sites be geographically distributed throughout the United States. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2004, and $30,000,000 for fiscal year 2005 and such sums as may be necessary for each of fiscal years 2006 through 2008 or until the 150,000 unit inventory is successfully acquired.''.

Cord Blood Stem Cell Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to enter into contracts with qualified cord blood stem cell banks to assist in the establishment, provision, and maintenance of a National Network of Cord Blood Stem Cell Banks. Lists the purposes of qualifying donor banks and requirements qualifying donor banks must meet. Directs the Secretary, acting through the Administrator, to establish as part of the Network a National Cord Blood Stem Cell Registry. Sets forth the functions of the Registry, which shall include: (1) operating a system for identifying, acquiring, and distributing donated units or cord blood; and (2) maintaining a database with certain information, including the clinical outcomes of all transplantations related to the Network.

To amend the Public Health Service Act to establish a National Cord Blood Stem Cell Bank Network to prepare, store, and distribute human umbilical cord blood stem cells for the treatment of patients and to support peer-reviewed research using such cells.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on International Religious Freedom Reauthorization Act of 2015''. SEC. 2. DESIGNATION OF ENTITIES OF PARTICULAR CONCERN FOR RELIGIOUS FREEDOM. Section 402(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)) is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (2) in subparagraph (A)-- (A) by inserting ``, or whether such violations are occurring in territories in which a government does not exist or does not exercise control,'' after ``religious freedom in that country''; and (B) by striking ``The President'' and inserting the following: ``(B) Designations.-- ``(i) Governments.--The President''; and (3) in subparagraph (B), as redesignated, by adding at the end the following: ``(ii) Non-state actors.--The President shall designate each non-state actor that has engaged in particularly severe violations of religious freedom as entities of particular concern for religious freedom.''. SEC. 3. ESTABLISHMENT AND COMPOSITION. Section 201 of the International Religious Freedom Act of 1998 (22 U.S.C. 6431) is amended-- (1) in subsection (a), by inserting ``, which shall be an independent Federal Government advisory body'' before the period at the end; (2) in subsection (b)-- (A) in paragraph (2)(A), by inserting at the end the following: ``The Commission as a whole shall also have expertise on the variety of faiths practiced around the world.''; and (B) in paragraph (3), by striking ``The appointments required by paragraph (1) shall be made not later than 120 days after the date of the enactment of this Act.'' and inserting ``An appointment required under paragraph (1)(B) should be made not later than 90 days after a vacancy is created on the Commission.''; (3) by amending subsection (d) to read as follows: ``(d) Election of Chair and Vice Chair.-- ``(1) In general.--Subject to paragraphs (2) and (3), at the first meeting of the Commission after May 30 of each year, a majority of the members of the Commission present and voting shall elect the Chair and Vice Chair of the Commission. ``(2) Political party balance.--At the first meeting of the Commission after May 30, 2016, the members of the Commission shall elect-- ``(A) as Chair, a Commissioner appointed by an elected official of the political party of the President; and ``(B)(i) as Vice Chair, a Commissioner appointed by an elected official of the political party that is not the political party of the President; or ``(ii) in the occasion of 2 Vice Chairs-- ``(I) 1 Vice Chair appointed by an elected official of the political party of the President; and ``(II) 1 Vice Chair appointed by an elected official of the political party that is not the political party of the President. ``(3) Rotation.--After the election described in paragraph (1), the positions of Chair and Vice Chair shall rotate on an annual basis between Commissioners appointed by elected officials of each political party.''; (4) in subsection (f), by adding at the end the following: ``The Ambassador at Large shall be given advance notice of all Commission meetings and may attend all Commission meetings as a non-voting member of the Commission''; and (5) in subsection (g), by striking the second sentence. SEC. 4. POWERS OF THE COMMISSION. Section 203(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 6432a(a)) is amended by striking ``may'' and inserting ``shall''. SEC. 5. COMMISSION PERSONNEL MATTERS. Section 204 of the International Religious Freedom Act of 1998 (22 U.S.C. 6432b) is amended-- (1) in subsection (a)-- (A) in the second sentence, by inserting ``voting'' after ``nine''; and (B) by adding at the end the following: ``The Commission shall conduct an annual review of the Executive Director.''; (2) in subsection (b), by inserting ``voting members of the'' after ``The''; (3) in subsection (c), by inserting ``The Commission, working with the Executive Director, shall establish internal hiring procedures and practices for professional staff that reflect the collaborative nature of the hiring process.'' after ``qualifications.''; and (4) in subsection (e), by adding at the end the following: ``The Department of State is encouraged to allow Commissioners and Commission staff with the appropriate security clearance access to classified information, in order to fulfill the duties and responsibilities of their positions.''. SEC. 6. STANDARDS OF CONDUCT AND DISCLOSURE. Section 208 of the International Religious Freedom Act of 1998 (22 U.S.C. 6435a) is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following: ``(2) Conflict of interest.--It is unlawful for a Commissioner to permit any person, entity, or special interest group, including foreign governments and state-owned enterprises, to inappropriately influence the Commissioner or to pose a conflict of interest with his or her official duties. If such inappropriate influence or conflict of interest is discovered, the affected Commissioner shall recuse himself or herself from any discussion, decision, recommendation, or vote relating to such person, entity, or special interest group.''; and (2) in subsection (d)(2), by adding at the end the following: ``(H) Intern, fellowship, and volunteer programs that are primarily of educational benefit to the intern, fellow, or volunteer if the number, duration, and funding source of any such internship, fellowship, or volunteer program is described in the annual financial report required under subsection (e) and the funding source has been approved by a majority vote of the Commission. Sponsoring private parties may provide compensation and benefits to interns, fellows, and volunteers if no conflict of interest arises and the Commissioners are notified by any such sponsoring private parties of such compensation and benefits.''. SEC. 7. EXTENSION AND TERMINATION OF AUTHORITY. The International Religious Freedom Act of 1998 (Public Law 105- 292) is amended-- (1) in section 207(a) (22 U.S.C. 6435(a)), by striking ``2015'' and inserting ``2021''; and (2) in section 209 (22 U.S.C. 6436), by striking ``September 30, 2015'' and inserting ``September 30, 2021''. SEC. 8. TRAINING FOR FOREIGN SERVICE OFFICERS. Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``and the director'' and inserting ``the director''; and (B) by inserting ``and members of the United States Commission on International Religious Freedom,'' after ``Training Center,''; and (2) in paragraph (2)-- (A) by striking ``and the various'' and inserting ``the various''; and (B) by inserting ``, the relationship between religious freedom and security, and the role of religious freedom in United States foreign policy'' after ``violations of religious freedom''.

United States Commission on International Religious Freedom Reauthorization Act of 2015 Amends the International Religious Freedom Act of 1998 to reauthorize the U.S. Commission on International Religious Freedom (USCIRF) as an independent federal government advisory body through FY2021. Requires the President's annual review of the status of religious freedom in each foreign country to include determinations regarding religious freedom violations being engaged in or tolerated in territories in which a government does not exist or does not exercise control. Directs the President to designate nonstate actors that have engaged in particularly severe violations as entities of particular concern for religious freedom. Requires USCIRF as a whole to have expertise on the variety of faiths practiced around the world. Requires appointments to USCIRF to be made not later than 90 days after the creation of a vacancy. Directs USCIRF, during its first meeting after May 30, 2016, to elect: (1) as Chair, a Commissioner appointed by an elected official of the political party of the President; and (2) as Vice Chair, a Commissioner appointed by an elected official of the political party that is not the political party of the President (or on the occasion of two Vice Chairs, one Vice Chair appointed by an elected official of the President's party and the other Vice Chair appointed by an elected official of the other party). Sets forth a process for future elections in which the positions of Chair and Vice Chair rotate annually between Commissioners appointed by elected officials of each political party. Allows the Ambassador at Large to attend all meetings as a nonvoting member. Removes authority under which a USCIRF member may serve after the expiration of that member's term until a successor has taken office. Requires (currently, allows) USCIRF to hold hearings, take actions and testimony, and receive evidence. Requires USCIRF to conduct an annual review of the Executive Director. Directs USCIRF to work with the Executive Director to establish internal hiring practices for professional staff. Encourages the Department of State to allow classified information to be accessed by USCIRF Commissioners and staff with the appropriate security clearance. Prohibits Commissioners from permitting any person, entity, or special interest group, including foreign governments and state-owned enterprises, to inappropriately influence or pose a conflict of interest with a Commissioner's official duties. Requires Commissioners to recuse themselves from related discussions or decisions if such an inappropriate influence or conflict is discovered. Revises restrictions on USCIRF's acceptance of gifts and donations to permit sponsoring private parties to provide compensation and benefits to interns, fellows, and volunteers under specified conditions. Amends the Foreign Service Act of 1980 to require the State Department to receive assistance from USCIRF when establishing training for Foreign Service officers in the field of internationally recognized human rights, including instruction regarding the relationship between religious freedom and security, as well as the role of religious freedom in U.S. foreign policy.

United States Commission on International Religious Freedom Reauthorization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifespan Respite Care Act of 2002''. SEC. 2. LIFESPAN RESPITE CARE. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXVIII--LIFESPAN RESPITE CARE ``SEC. 2801. FINDINGS AND PURPOSES. ``(a) Findings.--Congress finds that-- ``(1) an estimated 26,000,000 individuals in the United States care each year for 1 or more adult family members or friends who are chronically ill, disabled, or terminally ill; ``(2) an estimated 18,000,000 children in the United States have chronic physical, developmental, behavioral, or emotional conditions that demand caregiver monitoring, management, supervision, or treatment beyond that required of children generally; ``(3) approximately 6,000,000 children in the United States live with a grandparent or other relative because their parents are unable or unwilling to care for them; ``(4) an estimated 165,000 children with disabilities in the United States live with a foster care parent; ``(5) nearly 4,000,000 individuals in the United States of all ages who have mental retardation or another developmental disability live with their families; ``(6) almost 25 percent of the Nation's elders experience multiple chronic disabling conditions that make it necessary to rely on others for help in meeting their daily needs; ``(7) every year, approximately 600,000 Americans die at home and many of these individuals rely on extensive family caregiving before their deaths; ``(8) of all individuals in the United States needing assistance in daily living, 42 percent are under age 65; ``(9) there are insufficient resources to replace family caregivers with paid workers; ``(10) if services provided by family caregivers had to be replaced with paid services, it would cost approximately $200,000,000,000 annually; ``(11) the family caregiver role is personally rewarding but can result in substantial emotional, physical, and financial hardship; ``(12) approximately 75 percent of family caregivers are women; ``(13) family caregivers often do not know where to find information about available respite care or how to access it; ``(14) available respite care programs are insufficient to meet the need and are primarily directed at lower income populations and family caregivers of the elderly, leaving large numbers of family caregivers without adequate support; and ``(15) there are a limited number of available respite care programs, and these programs have difficulty recruiting appropriately trained respite workers. ``(b) Purposes.--The purposes of this title are-- ``(1) to encourage States to establish State and local lifespan respite care programs; ``(2) to improve and coordinate the dissemination of respite care information and resources to family caregivers; ``(3) to provide, supplement, or improve respite care services to family caregivers; ``(4) to promote innovative, flexible, and comprehensive approaches to-- ``(A) the delivery of respite care; ``(B) respite care worker and volunteer recruitment and training programs; and ``(C) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services; ``(5) to support evaluative research to identify effective respite care services that alleviate, reduce, or minimize any negative consequences of caregiving; and ``(6) to promote the dissemination of results, findings, and information from programs and research projects relating to respite care delivery, family caregiver strain, respite care worker and volunteer recruitment and training, and training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services. ``SEC. 2802. DEFINITIONS. ``In this title: ``(1) Condition.--The term `condition' includes-- ``(A) Alzheimer's disease and other neurological disorders; ``(B) developmental disabilities; ``(C) mental retardation; ``(D) physical disabilities; ``(E) chronic illness, including cancer; ``(F) behavioral, mental, and emotional conditions; ``(G) cognitive impairments; ``(H) situations in which there exists a high risk of abuse or neglect or of being placed in the foster care system due to abuse and neglect; ``(I) situations in which a child's parent is unavailable due to the parent's death, incapacitation, or incarceration; ``(J) traumatic brain injury; and ``(K) such conditions as the Secretary may designate by regulation. ``(2) Eligible recipient.--The term `eligible recipient' means-- ``(A) a State agency; ``(B) any other public entity that is capable of operating on a statewide basis; ``(C) a private, nonprofit organization that is capable of operating on a statewide basis; ``(D) a political subdivision of a State that has a population of not less than 3,000,000 individuals; or ``(E) any recognized State respite coordinating agency that has-- ``(i) a demonstrated ability to work with other State and community-based agencies; ``(ii) an understanding of respite care and family caregiver issues; and ``(iii) the capacity to ensure meaningful involvement of family members, family caregivers, and care recipients. ``(3) Family caregiver.--The term `family caregiver' means an unpaid family member, a foster parent, or another unpaid adult, who provides in-home monitoring, management, supervision, or treatment of a child or adult with a special need. ``(4) Lifespan respite care.--The term `lifespan respite care' means a coordinated system of accessible, community-based respite care services for family caregivers of individuals regardless of the individual's age, race, ethnicity, or special need. ``(5) Respite care.--The term `respite care' means planned or emergency care provided to an individual with a special need-- ``(A) in order to provide temporary relief to the family caregiver of that individual; or ``(B) when the family caregiver of that individual is unable to provide care. ``(6) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(7) Special need.--The term `special need' means the particular needs of an individual of any age who requires care or supervision because of a condition in order to meet the individual's basic needs or to prevent harm to the individual. ``SEC. 2803. LIFESPAN RESPITE CARE GRANTS AND COOPERATIVE AGREEMENTS. ``(a) Purposes.--The purposes of this section are-- ``(1) to expand and enhance respite care services to family caregivers; ``(2) to improve the statewide dissemination and coordination of respite care; and ``(3) to provide, supplement, or improve access and quality of respite care services to family caregivers, thereby reducing family caregiver strain. ``(b) Authorization.--Subject to subsection (f), the Secretary may award grants or cooperative agreements to eligible recipients who submit an application pursuant to subsection (d). ``(c) Federal Lifespan Approach.--In carrying out this section, the Secretary, acting through the Maternal and Child Health Bureau of the Health Resources and Services Administration, and in cooperation with the National Family Caregiver Support Program in the Administration on Aging, the Administration for Children and Families, the Administration on Developmental Disabilities, and the Substance Abuse and Mental Health Services Administration, shall ensure coordination of respite care services for family caregivers of individuals of all ages with special needs. ``(d) Application.-- ``(1) Submission.--Each eligible recipient desiring to receive a grant or cooperative agreement under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. ``(2) Contents.--Each application submitted under this section shall include-- ``(A) a description of the applicant's-- ``(i) understanding of respite care and family caregiver issues; ``(ii) capacity to ensure meaningful involvement of family members, family caregivers, and care recipients; and ``(iii) collaboration with other State and community-based public, nonprofit, or private agencies; ``(B) with respect to the population of family caregivers to whom respite care information or services will be provided or for whom respite care workers and volunteers will be recruited and trained, a description of-- ``(i) the population; ``(ii) the extent and nature of the respite care needs of the population; ``(iii) existing respite care services for the population, including numbers of family caregivers being served and extent of unmet need; ``(iv) existing methods or systems to coordinate respite care information and services to the population at the State and local level and extent of unmet need; ``(v) how respite care information dissemination and coordination, respite care services, respite care worker and volunteer recruitment and training programs, or training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services, will be provided using grant or cooperative agreement funds; ``(vi) a plan for collaboration and coordination of the proposed respite care activities with other related services or programs offered by public or private, nonprofit entities, including area agencies on aging; ``(vii) how the population, including family caregivers, care recipients, and relevant public or private agencies, will participate in the planning and implementation of the proposed respite care activities; ``(viii) how the proposed respite care activities will make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, other forms of reimbursements, personnel, and facilities; ``(ix) respite care services available to family caregivers in the applicant's State or locality, including unmet needs and how the applicant's plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of individuals of all ages with special needs; ``(x) the criteria used to identify family caregivers eligible for respite care services; ``(xi) how the quality and safety of any respite care services provided will be monitored, including methods to ensure that respite care workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the family caregiver; and ``(xii) the results expected from proposed respite care activities and the procedures to be used for evaluating those results; and ``(C) assurances that, where appropriate, the applicant will have a system for maintaining the confidentiality of care recipient and family caregiver records. ``(e) Review of Applications.-- ``(1) Establishment of review panel.--The Secretary shall establish a panel to review applications submitted under this section. ``(2) Meetings.--The panel shall meet as often as may be necessary to facilitate the expeditious review of applications. ``(3) Function of panel.--The panel shall-- ``(A) review and evaluate each application submitted under this section; and ``(B) make recommendations to the Secretary concerning whether the application should be approved. ``(f) Awarding of Grants or Cooperative Agreements.-- ``(1) In general.--The Secretary shall award grants or cooperative agreements from among the applications recommended for approval by the panel under subsection (e)(3). ``(2) Priority.--When awarding grants or cooperative agreements under this subsection, the Secretary shall give priority to applicants that show the greatest likelihood of implementing or enhancing lifespan respite care statewide. ``(g) Use of Grant or Cooperative Agreement Funds.-- ``(1) In general.--The Secretary may not award a grant or cooperative agreement to an eligible recipient under this section unless the recipient agrees to use the funds for-- ``(A) the development of lifespan respite care at the State and local levels, taking into consideration models and best practices in respite care delivery and coordination; ``(B) respite care services to meet unmet needs and provide worker, volunteer, and family training programs; and ``(C) an evaluation of the effectiveness of such development and services. ``(2) Subcontracts.--Each eligible recipient that is awarded a grant or cooperative agreement under this section may use the funds to subcontract with a public or nonprofit agency to carry out the activities described in paragraph (1). ``(h) Term of Grants or Cooperative Agreements.-- ``(1) In general.--The Secretary shall award grants or cooperative agreements under this section for terms that do not exceed 5 years. ``(2) Renewal.--The Secretary may renew a grant or cooperative agreement under this section at the end of the term of the grant or cooperative agreement determined under paragraph (1). ``(i) Supplement, Not Supplant.--Funds made available under this section shall be used to supplement and not supplant other Federal, State, and local funds available for respite care services. ``SEC. 2804. NATIONAL LIFESPAN RESPITE RESOURCE CENTER. ``(a) Establishment.--The Secretary shall award a grant or cooperative agreement to a public or private nonprofit entity to establish a National Resource Center on Lifespan Respite Care (referred to in this section as the `Center'). ``(b) Duties.--The Center shall-- ``(1) maintain a national database on lifespan respite care; ``(2) provide training and technical assistance to State, community, and nonprofit respite care programs; and ``(3) provide information, referral, and educational programs to the public on lifespan respite care. ``SEC. 2805. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title such sums as may be necessary.''.

Lifespan Respite Care Act of 2002 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Maternal and Child Health Bureau of the Health Resources and Services Administration, to award grants or cooperative agreements to develop State-wide lifespan respite care programs. Defines "lifespan respite care" to mean a coordinated system of accessible community-based respite care services for family caregivers regardless of the individual's age, race, ethnicity, or special need.Requires the Secretary to establish a review panel to make recommendations on applicants. Permits the use of funds for respite care services and training programs. Limits grants to five years.Directs the Secretary to provide for the establishment of a National Resource Center on Lifespan Respite Care to maintain a national database and provide training, technical assistance, and information.

To amend the Public Health Service Act to establish a program to assist family caregivers in accessing affordable and high-quality respite care, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Debt Buy-Down Act''. SEC. 2. DESIGNATION OF AMOUNTS FOR REDUCTION OF PUBLIC DEBT. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION FOR REDUCTION OF PUBLIC DEBT ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--Every individual with adjusted income tax liability for any taxable year may designate that a portion of such liability (not to exceed 10 percent thereof) shall be used to reduce the public debt. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of tax imposed by chapter 1 for the taxable year. The designation shall be made on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Adjusted Income Tax Liability.--For purposes of this section, the term `adjusted income tax liability' means income tax liability (as defined in section 6096(b)) reduced by any amount designated under section 6096 (relating to designation of income tax payments to Presidential Election Campaign Fund).'' (b) Clerical Amendment.--The table of parts for such subchapter A is amended by adding at the end the following new item: ``Part IX. Designation for reduction of public debt.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. PUBLIC DEBT REDUCTION TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9512. PUBLIC DEBT REDUCTION 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 `Public Debt Reduction Trust Fund', consisting of any amount appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Public Debt Reduction Trust Fund amounts equivalent to the amounts designated under section 6097 (relating to designation for public debt reduction). ``(c) Expenditures.--Amounts in the Public Debt Reduction Trust Fund shall be used by the Secretary of the Treasury for purposes of paying at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation held by the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Any obligation which is paid, redeemed, or bought with amounts from the Public Debt Reduction Trust Fund shall be canceled and retired and may not be reissued.'' (b) Clerical Amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9512. Public Debt Reduction Trust Fund.'' (c) Effective Date.--The amendments made by this section shall apply to amounts received after the date of the enactment of this Act. SEC. 4. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE THE PUBLIC DEBT. (a) Sequestration To Reduce the Public Debt.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding after section 253 the following new section: ``SEC. 253A. SEQUESTRATION TO REDUCE THE PUBLIC DEBT. ``(a) Sequestration.--Notwithstanding sections 255 and 256, within 15 days after Congress adjourns to end a session, and on the same day as a sequestration (if any) under sections 251, 252, and 253, but after any sequestration of budget-year budgetary resources required by those sections, there shall be a sequestration equivalent to the estimated aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 for the calendar year two years before the year in which that session of Congress started, as estimated by the Department of the Treasury on October 1 in the year after the applicable tax year and as modified by the total of (1) any amounts by which net discretionary spending is reduced by legislation below the discretionary spending limits enacted after the enactment of this section related to the fiscal year subject to the sequestration or, in the absence of such limits, any net reduction below discretionary outlays for fiscal year 1995 and (2) the net deficit change that has resulted from all direct spending legislation enacted after the enactment of this section related to the fiscal year subject to the sequestration, as estimated by OMB. Within 5 days after the enactment of any such direct spending legislation, OMB shall estimate the change in spending resulting from that legislation for the 5-fiscal-year period beginning with the first fiscal year for which that legislation becomes effective and transmit a report to the House of Representatives and the Senate containing that estimate. Only the estimated deficit reduction included in the 5-year estimate made at the time the legislation is enacted shall be used for purposes of determining whether there shall be a sequestration under this subsection. Notwithstanding the preceding two sentences, any estimates of direct spending made by OMB under this subsection for any legislation that first takes effect in fiscal year 1995, 1996, or 1997 shall include estimates of the direct spending effects through fiscal year 2002 and those estimates shall be used for purposes of determining whether there shall be a sequestration under this subsection. If the reduction in spending under paragraphs (1) and (2) for a fiscal year is greater than the estimated aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 respecting that fiscal year, then there shall be no sequestration under this section. ``(b) Applicability.-- ``(1) In general.--Except as provided by paragraph (2), each account of the United States shall be reduced by a dollar amount calculated by multiplying the level of budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (a). All obligational authority reduced under this section shall be done in a manner that makes such reductions permanent. ``(2) Exempt accounts.--(A) No order issued under this part may-- ``(i) reduce benefits payable to the old-age and survivors insurance program established under title II of the Social Security Act; ``(ii) reduce payments for net interest (all of major functional category 900); or ``(iii) make any reduction in the following accounts: ``Federal Deposit Insurance Corporation, Bank Insurance Fund; ``Federal Deposit Insurance Corporation, FSLIC Resolution Fund; ``Federal Deposit Insurance Corporation, Savings Association Insurance Fund; ``National Credit Union Administration, credit union share insurance fund; or ``Resolution Trust Corporation. ``(B) The following budget accounts, activities within accounts, or income shall be exempt from sequestration-- ``(i) all payments to trust funds from excise taxes or other receipts or collections properly creditable to those trust funds; ``(ii) offsetting receipts and collections; ``(iii) all payments from one Federal direct spending budget account to another Federal budget account; all intragovernmental funds including those from which funding is derived primarily from other Government accounts, except to the extent that such funds are augmented by direct appropriations for the fiscal year for which the order is in effect; and those obligations of discretionary accounts or activities that are financed by intragovernmental payments from another discretionary account or activity; ``(iv) expenses to the extent they result from private donations, bequests, or voluntary contributions to the Government; ``(v) nonbudgetary activities, including but not limited to-- ``(I) credit liquidating and financing accounts; ``(II) the Pension Benefit Guarantee Corporation Trust Funds; ``(III) the Thrift Savings Fund; ``(IV) the Federal Reserve System; and ``(V) appropriations for the District of Columbia to the extent they are appropriations of locally raised funds; ``(vi) payments resulting from Government insurance, Government guarantees, or any other form of contingent liability, to the extent those payments result from contractual or other legally binding commitments of the Government at the time of any sequestration; ``(vii) the following accounts, which largely fulfill requirements of the Constitution or otherwise make payments to which the Government is committed-- ``Administration of Territories, Northern Mariana Islands Covenant grants (14-0412-0-1- 806); ``Bureau of Indian Affairs, miscellaneous payments to Indians (14-2303-0-1-452); ``Bureau of Indian Affairs, miscellaneous trust funds, tribal trust funds (14-9973-0-7- 999); ``Claims, defense; ``Claims, judgments, and relief act (20- 1895-0-1-806); ``Compact of Free Association, economic assistance pursuant to Public Law 99-658 (14- 0415-0-1-806); ``Compensation of the President (11-0001-0- 1-802); ``Customs Service, miscellaneous permanent appropriations (20-9992-0-2-852); ``Eastern Indian land claims settlement fund (14-2202-0-1-806); ``Farm Credit System Financial Assistance Corporation, interest payments (20-1850-0-1- 351); ``Internal Revenue collections of Puerto Rico (20-5737-0-2-852); ``Panama Canal Commission, operating expenses and capital outlay (95-5190-0-2-403); ``Payments of Vietnam and USS Pueblo prisoner-of-war claims (15-0104-0-1-153); ``Payments to copyright owners (03-5175-0- 2-376); ``Payments to the United States territories, fiscal assistance (14-0418-0-1- 801); ``Salaries of Article III judges; ``Soldier's and Airmen's Home, payment of claims (84-8930-0-7-705); ``Washington Metropolitan Area Transit Authority, interest payments (46-0300-0-1-401). ``(viii) the following noncredit special, revolving, or trust-revolving funds-- ``Coinage profit fund (20-5811-0-2-803); ``Exchange Stabilization Fund (20-4444-0-3- 155); ``Foreign Military Sales trust fund (11- 82232-0-7-155); and ``(ix)(I) any amount paid as regular unemployment compensation by a State from its account in the Unemployment Trust Fund (established by section 904(a) of the Social Security Act); ``(II) any advance made to a State from the Federal unemployment account (established by section 904(g) of such Act) under title XII of such Act and any advance appropriated to the Federal unemployment account pursuant to section 1203 of such Act; and ``(III) any payment made from the Federal Employees Compensation Account (as established under section 909 of such Act) for the purpose of carrying out chapter 85 of title 5, United States Code, and funds appropriated or transferred to or otherwise deposited in such Account. ``(3) Federal administrative expenses.-- ``(A) Administrative expenses incurred by the departments and agencies, including independent agencies, of the Federal Government in connection with any program, project, activity, or account shall be subject to reduction pursuant to any sequestration order, without regard to the exemptions under paragraph (2) and regardless of whether the program, project, activity, or account is self-supporting and does not receive appropriations. ``(B) Payments made by the Federal Government to reimburse or match administrative costs incurred by a State or political subdivision under or in connection with any program, project, activity, or account shall not be considered administrative expenses of the Federal Government for purposes of this section, and shall be subject to sequestration to the extent (and only to the extent) that other payments made by the Federal Government under or in connection with that program, project, activity, or account are subject to that reduction or sequestration; except that Federal payments made to a State as reimbursement of administrative costs incurred by that State under or in connection with the unemployment compensation programs specified in paragraph (2)(ix) shall be subject to reduction or sequestration under this part notwithstanding the exemption otherwise granted to such programs under that paragraph.''. (b) Reports.--Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (a), by inserting after the item relating to the GAO compliance report the following: ``October 1 . . . Department of Treasury report to Congress estimating amount of income tax designated pursuant to section 6097 of the Internal Revenue Code of 1986.''; (2) in subsection (d)(1), by inserting ``, and sequestration to reduce the public debt,''; (3) in subsection (d), by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Sequestration to reduce the public debt reports.--The preview reports shall set forth for the budget year estimates for each of the following: ``(A) The aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 for the calendar year two years before the year in which the budget year begins. ``(B) The amount of reductions required under section 253A and the deficit remaining after those reductions have been made. ``(C) The sequestration percentage necessary to achieve the required reduction in accounts under section 253A(b).''; and (4) in subsection (g), by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Sequestration to reduce the public debt reports.--The final reports shall contain all of the information contained in the public debt taxation designation report required on October 1.'' (c) Effective Date.--Notwithstanding section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the expiration date set forth in that section shall not apply to the amendments made by this section. The amendments made by this section shall cease to have any effect after the first fiscal year during which there is no public debt.

Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation of the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.

Taxpayer Debt Buy-Down Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community-Based Gang Intervention Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds as follows: (1) For the first time in the history of the United States, more than one in every 100 adults is incarcerated. (2) The United States incarcerates more people than any other country in the world, with more than 2,200,000 people behind bars and another 5,000,000 people on probation or parole. (3) The United States has only 5 percent of the world's population, but 25 percent of the world's prisoners. (4) In 2007, the Federal Government spent $19,617,000,000 on police protection, corrections, and judicial and legal services, representing a 286 percent increase since 1982. This included a 475 percent increase for corrections and a 287 percent increase for police protection. (5) The growing prison system is also impacting State budgets, with total State spending on incarceration topping $53,000,000,000 in 2012, up from $10,000,000,000 in 1987. (6) With increased prison costs, vital social programs and services such as education, job creation, housing, and healthcare are being cut or eliminated to maintain the prison industry. (7) Between 1987 and 2007, the amount States spent on corrections increased 127 percent, while the increase in higher education spending was only 21 percent. (8) Over the past 10 years, the State of California's general fund expenditures for higher education have fallen 9 percent, while general fund expenditures for corrections and rehabilitation have increased 26 percent. (9) The State of California has the second largest prison population in the nation with 165,062 prisoners under the jurisdiction of State or Federal correctional authorities in 2010. (10) According to one study, there are now 6 times as many gangs and at least twice the number of gang members in Los Angeles since the start of the 30 year ``war on gangs''. (11) The City and County of Los Angeles have been dubbed the ``gang capital'' of the Nation with an estimated 463 gangs and 38,974 gang members in the City, and more than 1,300 gangs and 150,000 gang members in the County. (12) According to the Office of Juvenile Justice and Delinquency Prevention, allowing 1 youth to leave school for a life of crime and drug abuse costs society between $1,700,000 and $2,300,000. (13) In the State of California, the average annual cost per inmate is $47,421 for an adult inmate, and $218,000 for a youth inmate. (14) The most recent data on overall State spending on juvenile justice programs reveals that in 1998, States spent nearly $4,200,000,000 on juvenile justice related programs, which was a 65 percent increase from fiscal year 1994. Of those expenditures, 67 percent went towards residential placements, while only 8.4 percent went towards delinquency prevention. (15) Gang and youth violence substantially decreases when governments address the root causes of gang violence and adequately fund community-based programs and practices. (16) Studies continue to prove that community-based gang intervention provides long-lasting, cost-effective results and opportunities for the youth and families most susceptible to gang violence. (b) Sense of Congress.--It is the sense of Congress that, in developing a comprehensive violence reduction strategy, the United States should acknowledge and address larger, entrenched social conditions and issues such as poverty, homelessness, inadequate educational systems, and limited economic opportunities that give rise to gangs and gang violence. TITLE I--COMMUNITY-BASED GANG INTERVENTION AGENCIES SEC. 101. COMMUNITY-BASED GANG INTERVENTION AGENCIES. The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end the following new title: ``TITLE VI--COMMUNITY-BASED GANG INTERVENTION GRANTS ``SEC. 601. PURPOSE. ``The purpose of this title is to offer holistic and comprehensive support for the variety of community-based gang intervention activities that focus on and engage active and former gang members, their close associates, and gang members in and returning from confinement. Gang- involved youth and their families require specialized intensive and comprehensive services that address the unique issues encountered by youth when they become involved with gangs. Community-based gang intervention involves proactive and reactive responses to gang activities on several levels, including-- ``(1) the regional level, to promote and coordinate peace truces and cease-fires between groups; ``(2) the State and local level, including community and the juvenile halls, camps, Division of Juvenile Justice facilities, county jails, and State prisons; and ``(3) the neighborhood and street level, including with active gang members individually. ``SEC. 602. SUPPORT OF COMMUNITY-BASED GANG INTERVENTION AGENCIES. ``(a) Support of Community-Based Gang Intervention Agencies.-- Subject to the availability of appropriations, the Administrator shall award grants to eligible entities to carry out the activities described in subsection (c). ``(b) Eligible Entity.--For the purposes of this section, an `eligible entity' means a community-based gang intervention agency that is a nonprofit organization with a proven track record and expertise in providing community-based gang intervention activities through a community-based gang intervention model. ``(c) Grant Activities.--Each entity awarded a grant under this section shall carry out the following activities: ``(1) Conduct street mediation by working with gang members and persons with influence over such member to defuse and de- escalate potential and actual violence internally between gang members and between rival gangs. ``(2) Develop local and regional truces by creating cease- fires or nonaggression agreements between rival gangs and neighborhoods. ``(3) Serve as conduits who facilitate constant dialogue and maintenance between gangs and neighborhoods. ``(4) Provide services that respond to the high levels of anxiety experienced by gang members to decompress critical situations due to traumatic events. ``(5) Provide 24-hour, 7-day-a-week crisis intervention services by responding to requests for violence prevention services made by gang members, the families of gang members, school officials, intervention workers, social service agencies, or law enforcement. ``(6) Provide targeted training and technical assistance to violence-plagued communities after a major gang-related incident. ``(7) Facilitate the development of a community response plan, including training protocols, situational scene scenarios, and emergency response. ``(8) Make a reasonable effort to prevent gang-related rumors from intensifying tension between gangs or igniting violent responses by gangs. ``(9) Establish relationships with community stakeholders to inform and engage them in quality-of-life activities that enhance intervention activities. ``(10) Serve as intervention representatives in communities by attending local meetings involving nonprofit organizations, schools, faith-based organizations, and other entities. ``(11) Develop conflict resolution skills and techniques to address and resolve community concerns related to gang activity in order to improve the quality of life within neighborhoods. ``(12) Work with schools to respond to gang-related issues and crises both in and outside of school. ``(13) Provide support services for youth and families affected by gang violence and other victims of gang violence (including any individual who is physically, emotionally, financially, or otherwise harmed by criminal activity, and those affected by harm done to or by a family member), which may include-- ``(A) advocating for public sector and private sector assistance and services; ``(B) grief counseling; and ``(C) referrals to treatment and rehabilitation for cognitive, mental, emotional, physical, or financial injury, loss, or suffering. ``(14) Provide comprehensive mental health services to youth and families affected by gang violence or involvement, including-- ``(A) integrated services comprised of individual, family, and group therapy modalities, and psychological education provided through youth and parent training programs; and ``(B) gang-responsive services including skills training, assessing and servicing youth with developmental disabilities, behavioral modification, and services to address substance use and abuse, anger management, emotional regulation, traumatic stress, family violence, depression, suicide, anxiety, and educational problems. ``(15) Provide public and private sector career job training, development, and placement, including-- ``(A) job-finding and job-maintaining skills, including skills related to resume writing, interviewing, workplace decorum, interpersonal communication, and problem-solving; ``(B) information about legal rights in the workplace; and ``(C) financial literacy. ``(16) Assist with substance use and abuse treatment, domestic violence victims, and voluntary tattoo removal of markings on the body related to gang involvement. ``(d) Availability of Victims Assistance.--An entity awarded a grant under this section that provides victim assistance under paragraph (13) of subsection (c) shall not discriminate in the provision of such assistance to an individual based on race, ethnicity, gender, sexual orientation, socioeconomic level, or past record. ``SEC. 603. DEFINITIONS. ``In this title: ``(1) Community.--Notwithstanding the definition of `community based' in section 103, the term `community' means a unit of local government or an Indian Tribe. ``(2) Community-based gang intervention agency.--The term `community-based gang intervention agency' means a community- based organization, association, or other entity that-- ``(A) promotes public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime; and ``(B) has a history of, or experience or specific training in, effectively working with gang-involved youth and their families. ``(3) Community-based gang intervention model.--The term `community-based gang intervention model' means a holistic and comprehensive approach to reducing gang violence that utilizes the two-prong approach of community based intervention and an integrated approach of providing rehabilitative service delivery to gang-involved youth that-- ``(A) deploys specialists in community-based gang intervention who are trained to utilize the two-prong approach of community-based gang intervention and who intercede, interact, and participate with and in the community to quell rumors, prevent and mediate conflicts, and respond to crises related to gang activity and violence; ``(B) delivers rehabilitative services to gang- involved individuals and families; and ``(C) addresses the barriers that gang-involved youth and their families encounter and the societal factors that promote gang violence. ``(4) Evidence-based.--The term `evidence-based', when used with respect to a practice relating to gang activity prevention and intervention (including community-based gang intervention), means a practice (including a service, program, or strategy) that has statistically significant outcomes that include a reduction in gang-related violence and an increased number of youth in job development, recreation, arts-based activities, or faith-based activities. Such outcomes may be determined by-- ``(A) an experimental trial, in which participants are randomly assigned to participate in the practice that is the subject of the trial; or ``(B) a quasi-experimental trial, in which the outcomes for participants are compared with outcomes for a control group that is made up of individuals who are similar to such participants. ``(5) Gang.--The term `gang' means a group of individuals-- ``(A) organized by geography, culture, or activity; ``(B) that have a group name, and may have other identifying characteristics of the group such as colors and nicknames; and ``(C) who engage in the use of violence to defend the members or territory of the group. ``(6) Promising.--The term `promising', when used with respect to a practice relating to community-based gang intervention, means a practice that is not evidence-based, but-- ``(A) that has outcomes from an evaluation that demonstrate that such practice reduces gang-related violence and crime; or ``(B) about which a study is being conducted to determine if such practice is evidence-based. ``(7) Youth.--The term `youth' means-- ``(A) an individual who is 18 years of age or younger; or ``(B) in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger.''. TITLE II--AMENDMENTS TO THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION SEC. 201. DEFINITION OF COMMUNITY-BASED GANG INTERVENTION. Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended-- (1) in paragraph (1), by inserting ``except when used in title VI,'' before ``the term''; (2) in paragraph (28), by striking ``and'' after the semicolon; (3) in paragraph (29), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(30) Community-based gang intervention.--Except when used as part of the term `community-based gang intervention agency' or `community-based gang intervention model', the term `community-based gang intervention' means a two-prong approach to reducing gang violence that-- ``(A) provides specialized, gang-specific mediation and mitigation to stop or prevent violence by, within, and between gangs; and ``(B) provides the redirection of individual gang members and their families through proactive efforts that increase peace and safety for gang members, their families, and their communities.''. SEC. 202. COMMUNITY-BASED GANG INTERVENTION REPRESENTATIVE TO STATE ADVISORY BOARDS. Section 223(a)(3)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(ii)) is amended-- (1) in subclause (III), by inserting ``, community-based gang intervention,'' after ``delinquency prevention and treatment''; and (2) in subclause (IV), by inserting ``community-based gang intervention,'' after ``prevention and treatment,''. SEC. 203. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS. Section 504 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5783) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (B) by inserting after paragraph (6) the following new paragraph: ``(7) community-based gang intervention and gang prevention activities;''. (2) in subsection (c)(2), by inserting ``and community- based gang intervention'' before ``activities;''.

Community-Based Gang Intervention Act - Expresses the sense of Congress that the United States should acknowledge and address social conditions such as poverty, homelessness, inadequate educational systems, and limited economic opportunities in developing a comprehensive gang violence reduction strategy. Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to: (1) require the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to nonprofit community-based gang intervention agencies to provide services for reducing and stopping gang-related and gang-motivated violence and crime, (2) include representatives of community-based gang intervention agencies in juvenile justice and delinquency prevention advisory groups established by state plans, and (3) include community-based gang intervention and prevention activities in state and local grant programs for delinquency prevention.

Community-Based Gang Intervention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Capture Act''. SEC. 2. EXTENSION OF ENHANCED CARBON DIOXIDE SEQUESTRATION CREDIT. (a) In General.--Section 45Q of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 45Q. CREDIT FOR CARBON DIOXIDE SEQUESTRATION. ``(a) General Rule.--For purposes of section 38, the carbon dioxide sequestration credit for any taxable year is an amount equal to the sum of-- ``(1) $20 per metric ton of qualified carbon dioxide which is-- ``(A) captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the Carbon Capture Act, and ``(B) disposed of by the taxpayer in secure geological storage and not used by the taxpayer as described in paragraph (2)(B), ``(2) $10 per metric ton of qualified carbon dioxide which is-- ``(A) captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the Carbon Capture Act, and ``(B)(i) used by the taxpayer as a tertiary injectant in a qualified enhanced oil or natural gas recovery project and disposed of by the taxpayer in secure geological storage, or ``(ii) utilized by the taxpayer in a manner described in subsection (e)(7), ``(3) the applicable dollar amount per metric ton of qualified carbon dioxide which is-- ``(A) captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Carbon Capture Act, during the 15-year period beginning on the date the equipment was originally placed in service, and ``(B) disposed of by the taxpayer in secure geological storage and not used by the taxpayer as described in paragraph (4)(B), and ``(4) the applicable dollar amount per metric ton of qualified carbon dioxide which is-- ``(A) captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Carbon Capture Act, during the 15-year period beginning on the date the equipment was originally placed in service, and ``(B)(i) used by the taxpayer as a tertiary injectant in a qualified enhanced oil or natural gas recovery project and disposed of by the taxpayer in secure geological storage, or ``(ii) utilized by the taxpayer in a manner described in subsection (e)(7). A taxpayer that captures qualified carbon dioxide as provided under paragraph (1), (2), (3) or (4) and that enters into contractual arrangements with another person to ensure the disposal, use, or utilization required under paragraph (1), (2), (3) or (4), as the case may be, shall be treated as having disposed, captured, or used such qualified carbon dioxide to the extent disposed, captured, or used by such other persons pursuant to such contractual arrangements. ``(b) Applicable Dollar Amount; Additional Equipment; Election.-- ``(1) Applicable dollar amount.--For purposes of subsection (a)-- ``(A) In general.--The applicable dollar amount shall be an amount equal to-- ``(i) for taxable years beginning after 2016 and before 2026, the dollar amount established by linear interpolation between $12.83 and $35 for each calendar year during such period, and ``(ii) for taxable years beginning after 2025, an amount equal to the product of $35 and 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'. ``(B) Rounding.--The applicable dollar amount determined under subparagraph (A) shall be rounded to the nearest cent. ``(2) Installation of additional carbon capture equipment on existing qualified facility.--In the case of a qualified facility placed in service before the date of the enactment of the Carbon Capture Storage Act, for which additional carbon capture equipment is placed in service on or after the date of the enactment of such Act, the amount of qualified carbon dioxide which is captured by the taxpayer shall be equal to-- ``(A) for purposes of paragraphs (1)(A) and (2)(A) of subsection (a), the lesser of-- ``(i) the total amount of qualified carbon dioxide captured at such facility for the taxable year, or ``(ii) the total amount of the carbon dioxide capture capacity of the carbon capture equipment in service at such facility on the day before the date of the enactment of the Carbon Capture Act, and ``(B) for purposes of paragraphs (3)(A) and (4)(A) of such subsection, an amount equal to the excess (if any) of-- ``(i) the amount described in subparagraph (A)(i), over ``(ii) the amount described in subparagraph (A)(ii). ``(3) Election.--For purposes of determining the carbon dioxide sequestration credit under this section, a taxpayer may elect to have the dollar amount applicable under paragraph (1) or (2) of subsection (a) apply in lieu of the dollar amounts applicable under paragraph (3) or (4) of such subsection for each metric ton of qualified carbon dioxide which is captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Carbon Capture Act. ``(c) Qualified Carbon Dioxide.--For purposes of this section: ``(1) In general.--The term `qualified carbon dioxide' means carbon dioxide or other carbon oxides captured-- ``(A)(i) from an industrial source which would otherwise be released into the atmosphere as industrial emission of greenhouse gas, or would otherwise lead to such release, or ``(ii) directly from the ambient air, and ``(B) is measured at the source of capture and verified at the point of disposal, injection, or utilization. ``(2) Recycled carbon dioxide.--The term `qualified carbon dioxide' includes the initial deposit of captured carbon dioxide used as a tertiary injectant. Such term does not include carbon dioxide that is recaptured, recycled, and re- injected as part of the enhanced oil and natural gas recovery process. ``(d) Qualified Facility.--For purposes of this section, the term `qualified facility' means any industrial facility or direct air capture facility-- ``(1) the construction of which begins before January 1, 2024, and-- ``(A) the original planning and design for such facility includes installation of carbon capture equipment, or ``(B) the construction of carbon capture equipment with respect to such facility begins before such date, and ``(2) which captures-- ``(A) in the case of a facility which emits not more than 500,000 metric tons of carbon dioxide into the atmosphere during the taxable year, not less than 25,000 metric tons of qualified carbon dioxide during the taxable year which is utilized in a manner described in subsection (e)(7), or ``(B) in the case of a facility not described in subparagraph (A), not less than 100,000 metric tons of qualified carbon dioxide during the taxable year. ``(e) Special Rules and Other Definitions.--For purposes of this section-- ``(1) Only carbon dioxide captured and secured or used within the united states taken into account.--The credit under this section shall apply only with respect to qualified carbon dioxide the capture and disposal, use, or utilization of which is within-- ``(A) the United States (within the meaning of section 638(1)), or ``(B) a possession of the United States (within the meaning of section 638(2)). ``(2) Secure geological storage.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, and the Secretary of the Interior, shall establish regulations for determining adequate security measures for the geological storage of qualified carbon dioxide under subsection (a) such that the qualified carbon dioxide does not escape into the atmosphere. Such term shall include storage at deep saline formations, oil and gas reservoirs, and unminable coal seams under such conditions as the Secretary may determine under such regulations. ``(3) Tertiary injectant.--The term `tertiary injectant' has the same meaning as when used within section 193(b)(1). ``(4) Qualified enhanced oil or natural gas recovery project.--The term `qualified enhanced oil or natural gas recovery project' has the meaning given the term `qualified enhanced oil recovery project' by section 43(c)(2), by substituting `crude oil or natural gas' for `crude oil' in subparagraph (A)(i) thereof. ``(5) Credit attributable to taxpayer.-- ``(A) In general.--Except as provided subparagraph (B) or in any regulations prescribed by the Secretary, any credit under this section shall be attributable to-- ``(i) in the case of qualified carbon dioxide captured using carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the Carbon Capture Act, the person that captures and physically or contractually ensures the disposal, utilization, or use as a tertiary injectant of such qualified carbon dioxide, and ``(ii) in the case of qualified carbon dioxide captured using carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Carbon Capture Act, or with regard to which an election has been made under subsection (f)(2), the person that owns the carbon capture equipment and physically or contractually ensures the capture and disposal, utilization, or use as a tertiary injectant of such qualified carbon dioxide. ``(B) Election.--If the person described in subparagraph (A) makes an election under this subparagraph at such time and in such manner as the Secretary may prescribe by regulations, the credit under this section-- ``(i) shall be allowable to the person that disposes of the qualified carbon dioxide, utilizes the qualified carbon dioxide, or uses the qualified carbon dioxide as a tertiary injectant, and ``(ii) shall not be allowable to the person described in subparagraph (A). ``(6) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified carbon dioxide which ceases to be captured, disposed of, or used as a tertiary injectant in a manner consistent with the requirements of this section. ``(7) Utilization of qualified carbon dioxide.-- ``(A) In general.--For purposes of this section, utilization of qualified carbon dioxide means-- ``(i) the chemical conversion of such qualified carbon dioxide to a material or chemical compound in which such qualified carbon dioxide is securely stored, or ``(ii) the use of such qualified carbon dioxide for any other purpose for which a commercial market exists (other than use as a tertiary injectant in a qualified enhanced oil or natural gas recovery project), as determined by the Secretary. ``(B) Measurement.--For purposes of determining the amount of qualified carbon dioxide utilized by the taxpayer under paragraph (2)(B)(ii) or (4)(B)(ii) of subsection (a), such amount shall be equal to the metric tons of carbon dioxide which the taxpayer demonstrates, based upon an analysis of lifecycle greenhouse gas emissions and subject to such requirements as the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, determines appropriate, were captured and prevented from escaping into the atmosphere through use of a process described in subparagraph (A). ``(8) Direct air capture facility.--For purposes of this section, the term `direct air capture facility' means any facility which uses carbon capture equipment to capture carbon from the ambient air. Such a term does not include facilities capturing carbon dioxide that is deliberately released from naturally-occurring subsurface springs. ``(9) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2009, there shall be substituted for the dollar amount contained in paragraphs (1) and (2) of subsection (a) 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 `2008' for `1990'. ``(f) Application of Section for Certain Carbon Capture Equipment.-- ``(1) In general.--Except as provided in paragraph (2), in the case of any carbon capture equipment placed in service before the date of the enactment of the Carbon Capture Act, the credit under this section shall apply with respect to qualified carbon dioxide captured using such equipment before the end of the calendar year in which the Secretary, in consultation with the Administrator of the Environmental Protection Agency, certifies that 75,000,000 metric tons of qualified carbon dioxide have been taken into account in accordance with paragraphs (1) and (2) of subsection (a) during the period beginning after October 3, 2008. ``(2) Special rule for certain facilities not claiming prior credit.--In the case of any qualified facility-- ``(A) which captures not less than 100,000 metric tons of carbon dioxide during the taxable year, ``(B) which is placed in service after December 31, 2015, and ``(C) with respect to which no credit has been allowed under this section (as in effect on the day before the date of the enactment of such Act) by any person for any taxable year beginning prior to the date of enactment of such Act, the taxpayer may elect to treat such qualified facility as placed in service on the date of enactment of such Act. ``(g) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section, including regulations or other guidance to-- ``(1) ensure proper allocation under subsection (a) for qualified carbon dioxide captured by a taxpayer during the taxable year ending after the date of the enactment of the Carbon Capture Act, and ``(2) determine whether a facility satisfies the requirements under subsection (d)(1) during such taxable year.''. (b) Effective Date.--Except to the extent provided in section 45Q(f) of such Code, as amended by this Act, the amendments made by this section shall apply to property placed in service on after the date of the enactment of this Act.

Carbon Capture Act This bill amends the Internal Revenue Code to extend and modify the tax credit for carbon dioxide (CO2) sequestration. The bill modifies the credit to: allow certain new industrial or direct air capture facilities to qualify for the credit if construction begins before 2024; allow qualified projects to claim the credit for 15 years, beginning on the date the equipment was originally placed in service; increase the credit amounts for certain projects placed in service upon or after the enactment of this bill; expand the purposes for which captured CO2 may be used; modify the requirements for the amount of CO2 that must be captured; specify that the 75 million metric ton cap on the CO2 that may qualify for the credit applies only to projects placed in service before the enactment of this bill; allow the credit to be transferred from the entity that owns and uses the capture equipment to the entity that disposes of or uses the CO2; and allow certain facilities that were placed in service after 2015 and have not previously claimed the credit to be treated as placed in service on the date of the enactment of this bill.

Carbon Capture Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Employment Outcomes of TANF Recipients Act''. SEC. 2. IMPROVING ECONOMIC MOBILITY OF TANF RECIPIENTS. Section 403(a)(4) of the Social Security Act (42 U.S.C. 603(a)(4)) is amended to read as follows: ``(4) Improving economic mobility of tanf recipients.-- ``(A) Measuring state performance.-- ``(i) In general.--Each State, in consultation with the Secretary, shall collect and report information necessary to measure the level of performance of the State for each indicator described in clause (ii), for fiscal year 2019 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2019 to establish the baseline level of performance of each State for each such indicator. ``(ii) Indicators.--The indicators described in this clause, for a fiscal year, are the following: ``(I) The employment percentage for the fiscal year, which is equal to-- ``(aa) the number of families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who, during the 2nd quarter after the exit, include an adult in unsubsidized employment; divided by ``(bb) the number of families who received assistance from the program in the exit quarter referred to in subclause (aa). ``(II) The retention percentage for the fiscal year, which is equal to-- ``(aa) the number of families receiving assistance from the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who, during the 4th quarter after the exit, include an adult in unsubsidized employment; divided by ``(bb) the number of families who received assistance under the program in the exit quarter referred to in subclause (aa). ``(III) The advancement measure for the fiscal year, which is equal to the median earnings of the adults receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who during the 2nd quarter after the exit, are in unsubsidized employment. ``(iii) Agreement on requisite performance level for each indicator.-- ``(I) Fiscal years 2020 and 2021.-- The State shall reach agreement with the Secretary on the requisite level of performance for each indicator described in clause (ii), for each of fiscal years 2020 and 2021. In establishing the requisite levels of performance, the State and the Secretary shall-- ``(aa) take into account how the levels involved compare with the levels established for other States; ``(bb) ensure the levels involved are adjusted, using the objective statistical model referred to in clause (v), based on-- ``(AA) the differences among States in actual economic conditions, including differences in unemployment rates and job losses or gains in particular industries; and ``(BB) the characteristics of participants on entry into the program, including indicators of prior work history, lack of educational or occupational skills attainment, or other factors that may affect employment and earnings; and ``(cc) take into account the extent to which the levels involved promote continuous improvement in performance by each State. ``(II) Fiscal year 2022.--The State shall reach agreement with the Secretary, before fiscal year 2022, on the requisite level of performance for each indicator described in clause (ii), for fiscal year 2022, which shall be established in accordance with subclause (I) of this clause. ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a fiscal year and a State to reflect the actual economic conditions and characteristics of participants during that fiscal year in the State. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for actual economic conditions and characteristics of participants, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141). ``(B) Report on state performance.-- ``(i) In general.--Not later than October 1, 2018, the Secretary shall develop a template which each State shall use to report on outcomes achieved under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). ``(ii) Contents.--Each such report shall include-- ``(I) the number of individuals who exited the program during the year, and their reasons for doing so, including a separate accounting of the number of work-eligible individuals (as so defined) who exited the program during the year and their reasons for doing so; ``(II) the characteristics of the individuals who exited the program during the year, including information on the length of time the individual received assistance under the program, the educational level of the individual, and the earnings of the individual in the 4 quarters preceding the exit; and ``(III) information specifying the levels of performance achieved on each indicator described in subparagraph (A)(ii). ``(iii) Publication.--Not later than September 30 of fiscal year 2021 and of each succeeding fiscal year, the Secretary shall make available electronically to the public each report submitted under this subparagraph during the fiscal year. ``(C) Regulations.--The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations as may be necessary to provide for the measurement of State performance on the indicators described in this paragraph.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2017.

Improving Employment Outcomes of TANF Recipients Act This bill requires a state participating in the Temporary Assistance for Needy Families (TANF) program to report to the Administration for Children and Families on specified indicators that measure the state's program performance levels.

Improving Employment Outcomes of TANF Recipients Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Caller ID Act of 2006''. SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION INFORMATION. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection: ``(e) Prohibition on Provision of Inaccurate Caller Identification Information.-- ``(1) In general.--It shall be unlawful for any person within the United States, in connection with any telecommunications service or IP-enabled voice service, to cause any caller identification service to transmit misleading or inaccurate caller identification information, unless such transmission is exempted pursuant to paragraph (3)(B). ``(2) Protection for blocking caller identification information.--Nothing in this subsection may be construed to prevent or restrict any person from blocking the capability of any caller identification service to transmit caller identification information. ``(3) Regulations.-- ``(A) In general.--Not later than 6 months after the enactment of this subsection, the Commission shall prescribe regulations to implement this subsection. ``(B) Content of regulations.-- ``(i) In general.--The regulations required under subparagraph (A) shall include such exemptions from the prohibition under paragraph (1) as the Commission determines appropriate. ``(ii) Specific exemption for law enforcement agencies or court orders.--The regulations required under subparagraph (A) shall exempt from the prohibition under paragraph (1) transmissions in connection with-- ``(I) any authorized activity of a law enforcement agency; or ``(II) a court order that specifically authorizes the use of caller identification manipulation. ``(4) Report.--Not later than 6 months after the enactment of this subsection, the Commission shall report to Congress whether additional legislation is necessary to prohibit the provision of inaccurate caller identification information in technologies that are successor or replacement technologies to telecommunications service or IP-enabled voice service. ``(5) Penalties.-- ``(A) Civil forfeiture.-- ``(i) In general.--Any person that is determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b), to have violated this subsection shall be liable to the United States for a forfeiture penalty. A forfeiture penalty under this paragraph shall be in addition to any other penalty provided for by this Act. The amount of the forfeiture penalty determined under this paragraph shall not exceed $10,000 for each violation, or 3 times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $1,000,000 for any single act or failure to act. ``(ii) Recovery.--Any forfeiture penalty determined under clause (i) shall be recoverable pursuant to section 504(a). ``(iii) Procedure.--No forfeiture liability shall be determined under clause (i) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4). ``(iv) 2-year statute of limitations.--No forfeiture penalty shall be determined or imposed against any person under clause (i) if the violation charged occurred more than 2 years prior to the date of issuance of the required notice or notice or apparent liability. ``(B) Criminal fine.--Any person who willfully and knowingly violates this subsection shall upon conviction thereof be fined not more than $10,000 for each violation, or 3 times that amount for each day of a continuing violation, in lieu of the fine provided by section 501 for such a violation. This subparagraph does not supersede the provisions of section 501 relating to imprisonment or the imposition of a penalty of both fine and imprisonment. ``(6) Enforcement by states.-- ``(A) In general.--The chief legal officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce this subsection or to impose the civil penalties for violation of this subsection, whenever the chief legal officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this subsection or a regulation under this subsection. ``(B) Notice.--The chief legal officer or other State officer shall serve written notice on the Commission of any civil action under subparagraph (A) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. ``(C) Authority to intervene.--Upon receiving the notice required by subparagraph (B), the Commission may intervene in such civil action and upon intervening-- ``(i) be heard on all matters arising in such civil action; and ``(ii) file petitions for appeal of a decision in such civil action. ``(D) Construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the chief legal officer or other State officer from exercising the powers conferred on that officer by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(E) Venue; service or process.-- ``(i) Venue.--An action brought under subparagraph (A) shall be brought in a district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. ``(ii) Service of process.--In an action brought under subparagraph (A)-- ``(I) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and ``(II) a person who participated in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. ``(F) Limitation on state action while federal action is pending.--If the Commission has instituted an enforcement action or proceeding for violation of this subsection, the chief legal officer or other State officer of the State in which the violation occurred may not bring an action under this section during the pendency of the proceeding against any person with respect to whom the Commission has instituted the proceeding. ``(7) Definitions.--For purposes of this subsection: ``(A) Caller identification information.--The term `caller identification information' means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or IP-enabled voice service. ``(B) Caller identification service.--The term `caller identification service' means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or IP-enabled voice service. Such term includes automatic number identification services. ``(C) IP-enabled voice service.--The term `IP- enabled voice service' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network. ``(8) Limitation.--Notwithstanding any other provision of this section, subsection (f) shall not apply to this subsection or to the regulations under this subsection.''

Truth in Caller ID Act of 2006 - Amends the Communications Act of 1934 to make it unlawful for any person in the United States, in connection with any telecommunications service or Internet protocol (IP)-enabled voice service, to cause any caller identification (ID) service to transmit misleading or inaccurate caller ID information, unless such transmission is exempted in connection with: (1) authorized activities of law enforcement agencies; or (2) a court order specifically authorizing the use of caller ID manipulation. Provides civil and criminal penalties for violations. Allows for enforcement by states (with authorized intervention by the Federal Communications Commission (FCC)).

A bill to amend the Communications Act of 1934 to prohibit manipulation of caller identification information.

SECTION 1. CORRECTION TO POKAGON RESTORATION ACT. Section 9 of the Act entitled ``An Act to restore Federal services to the Pokagon Band of Potawatomi Indians'' (25 U.S.C. 1300j-7a) is amended-- (1) by striking ``Bands'' each place it appears and inserting ``Band''; (2) in subsection (a), by striking ``respective''; and (3) in subsection (b)-- (A) in paragraph (1)-- (i) in the first sentence-- (I) by striking ``membership rolls that contain'' and inserting ``a membership roll that contains''; and (II) by striking ``in such'' and inserting ``in the''; and (ii) in the second sentence, by striking ``Each such'' and inserting ``The''; (B) in paragraph (2)-- (i) by striking ``rolls have'' and inserting ``roll has''; and (ii) by striking ``such rolls'' and inserting ``such roll''; (C) in the heading for paragraph (3), by striking ``rolls'' and inserting ``roll''; and (D) in paragraph (3), by striking ``rolls are maintained'' and inserting ``roll is maintained''. SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORATION ACT. (a) Reaffirmation of Rights.--The heading of section 5(b) of the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act (25 U.S.C. 1300k-3) is amended by striking ``Tribe'' and inserting ``Bands''. (b) Membership List.--Section 9 of the Little Traverse Bay Bands of Odawa and the Little River Band of Ottawa Indians Act (25 U.S.C. 1300k- 7) is amended-- (1) in subsection (a)-- (A) by striking ``Band'' the first place it appears and inserting ``Bands''; and (B) by striking ``the Band.'' and inserting ``the respective Bands.''; and (2) in subsection (b)(1)-- (A) in the first sentence, by striking ``the Band shall submit to the Secretary membership rolls that contain the names of all individuals eligible for membership in such Band'' and inserting ``each of the Bands shall submit to the Secretary a membership roll that contains the names of all individuals that are eligible for membership in such Band''; and (B) in the second sentence, by striking ``The Band, in consultation'' and inserting ``Each such Band, in consultation''. SEC. 3. INDIAN DAMS SAFETY ACT OF 1994. Section 4(h) of the Indian Dams Safety Act of 1994 (25 U.S.C. 3803(h); 108 Stat. 1562) is amended by striking ``(under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))), as amended,'' and inserting ``under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)''. SEC. 4. PASCUA YAQUI INDIANS OF ARIZONA. Section 4(b) of the Act entitled ``An Act to provide for the extension of certain Federal benefits, services, and assistance to the Pascua Yaqui Indians of Arizona, and for other purposes'' (25 U.S.C. 1300f-3(b)) is amended by striking ``Pascua Yaqui tribe'' and inserting ``Pascua Yaqui Tribe''. SEC. 5. INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994. Section 3(7) of the Indian Lands Open Dump Cleanup Act of 1994 (25 U.S.C. 3902(7); 108 Stat. 4165) is amended by striking ``under section 6944 of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)'' and inserting ``under section 4004 of the Solid Waste Disposal Act (42 U.S.C. 6944)''. SEC. 6. AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT OF 1994. (a) Maintenance of Records.--Section 303(c)(5)(D) of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4043(c)(5)(D); 108 Stat. 4247) is amended by striking ``made under paragraph (3)(B)'' and inserting ``made under subparagraph (C)''. (b) Advisory Board.--Section 306(d) of the Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4046(d); 108 Stat. 4249) is amended by striking ``Advisory Board'' and inserting ``advisory board''. SEC. 7. INDIAN SELF-DETERMINATION CONTRACT REFORM ACT OF 1994. Section 102(11) of the Indian Self-Determination Contract Reform Act of 1994 (108 Stat. 4254) is amended by striking ``subsection (e)'' and inserting ``subsection (e) of section 105''. SEC. 8. AUBURN INDIAN RESTORATION. (a) Economic Development.--Section 203 of the Auburn Indian Restoration Act (25 U.S.C. 1300l-1) is amended-- (1) in subsection (a)(2), by striking ``as provided in section 107'' and inserting ``as provided in section 207''; and (2) in subsection (b), by striking ``section 104'' and inserting ``section 204''. (b) Interim Government.--The last sentence of section 206 of the Auburn Indian Restoration Act (25 U.S.C. 1300l-4) is amended by striking ``Interim council'' and inserting ``Interim Council''. SEC. 9. CROW BOUNDARY SETTLEMENT ACT OF 1994. (a) Enforcement.--Section 5(b)(3) of the Crow Boundary Settlement Act of 1994 (25 U.S.C. 1776c(b)(3); 108 Stat. 4636) is amended by striking ``provisions of subsection (b)'' and inserting ``provisions of this subsection''. (b) Applicability.--Section 9(a) of the Crow Boundary Settlement Act of 1994 (25 U.S.C. 1776g(a); 108 Stat. 4640) is amended by striking ``The Act'' and inserting ``This Act''. (c) Escrow Funds.--Section 10(b) of the Crow Boundary Settlement Act of 1994 (25 U.S.C. 1776h(b); 108 Stat. 4641) is amended by striking ``(collectively referred to in this subsection as the `Suspension Accounts')'' and inserting ``(collectively referred to in this section as the `Suspension Accounts')''. SEC. 10. TLINGIT AND HAIDA STATUS CLARIFICATION ACT. The first sentence of section 205 of the Tlingit and Haida Status Clarification Act (25 U.S.C. 1215) is amended by striking ``Indian tribes'' and inserting ``Indian Tribes''. SEC. 11. NATIVE AMERICAN LANGUAGES ACT. Section 103 of the Native American Languages Act (25 U.S.C. 2902) is amended-- (1) in paragraph (2), by striking ``under section 5351(4) of the Indian Education Act of 1988 (25 U.S.C. 2651(4))'' and inserting ``under section 9161(4) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881(4))''; and (2) in paragraph (3), by striking ``section 4009 of Public Law 100-297 (20 U.S.C. 4909)'' and inserting ``section 9212(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7912(1))''. SEC. 12. PONCA RESTORATION ACT. Section 5 of the Ponca Restoration Act (25 U.S.C. 983c) is amended-- (1) by inserting ``Sarpy, Burt, Platte, Stanton, Holt, Hall, Wayne,'' before ``Knox''; and (2) by striking ``or Charles Mix County'' and inserting ``, Woodbury or Pottawattomie Counties of Iowa, or Charles Mix County''. SEC. 13. REVOCATION OF CHARTER OF INCORPORATION OF THE MINNESOTA CHIPPEWA TRIBE UNDER THE INDIAN REORGANIZATION ACT. The request of the Minnesota Chippewa Tribe to surrender the charter of incorporation issued to that tribe on September 17, 1937, pursuant to section 17 of the Act of June 18, 1934, commonly known as the ``Indian Reorganization Act'' (48 Stat. 988, chapter 576; 25 U.S.C. 477) is hereby accepted and that charter of incorporation is hereby revoked. SEC. 14. ADVISORY COUNCIL ON CALIFORNIA INDIAN POLICY ACT OF 1992. Section 5(6) of the Advisory Council on California Indian Policy Act of 1992 (106 Stat. 2133; 25 U.S.C. 651 note) is amended by striking ``18 months'' and inserting ``36 months''. SEC. 15. IN-LIEU FISHING SITE TRANSFER AUTHORITY. Section 401 of Public Law 100-581 (102 Stat. 2944-2945) is amended by adding at the end the following new subsection: ``(g) The Secretary of the Army is authorized to transfer funds to the Department of the Interior to be used for purposes of the continued operation and maintenance of sites improved or developed under this section.''. SEC. 16. ADOLESCENT TRANSITIONAL LIVING FACILITY. Notwithstanding any other provision of law, any funds that were provided to the Ponca Indian Tribe of Nebraska for any of the fiscal years 1992 through 1995, and that were retained by that Indian tribe, pursuant to a self-determination contract with the Secretary of Health and Human Services that the Indian tribe entered into under section 102 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450f) to carry out programs and functions of the Indian Health Service may be used by that Indian tribe to acquire, develop, and maintain a transitional living facility for adolescents, including land for that facility. SEC. 17. EXPENDITURE OF MESCALERO APACHE TRIBE JUDGMENT FUNDS. Notwithstanding any other provision of law, or any distribution plan approved pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary of the Interior may reprogram, in accordance with the Resolutions, approved by the Mescalero Apache Tribal Council on January 24, 1995, any and all remaining funds (principal and interest accounts) regarding specific changes in the Secretarial Plans for the use of the funds in Docket Nos. 22-G, 30, 48, 30-A, and 48-A, awarded in satisfaction of the judgments by the Indian Claims Commission. SEC. 18. ESTABLISHMENT OF A BAND ROLL. Section 5(d)(2) of the Lac Vieux Desert Band of Lake Superior Chippewa Indians Act (25 U.S.C. 1300h-3(d)(2); 102 Stat. 1578) is amended-- (1) by inserting ``and base roll'' after ``requirement''; and (2) by striking ``modification is'' and inserting ``modifications are''. SEC. 19. OPTION TO INCORPORATE SELF-DETERMINATION PROVISIONS INTO SELF- GOVERNANCE. Section 403 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458cc) is amended by adding the following new subsection: ``(l) Incorporate Self-Determination Provisions.--At the option of a participating tribe or tribes, any or all provisions of title I of this Act shall be made part of an agreement entered into under title III of this Act or this title. The Secretary is obligated to include such provisions at the option of the participating tribe or tribes. If such provision is incorporated it shall have the same force and effect as if set out in full in title III or this title.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Makes technical amendments to the following Acts: (1) an Act to restore Federal services to the Pokagon Band of Potawatomi Indians; (2) the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act; (3) the Indian Dams Safety Act of 1994; (4) an Act extending Federal benefits to the Pascua Yaqui Indians of Arizona; (5) the Indian Lands Open Dump Cleanup Act of 1994; (6) the American Indian Trust Fund Management Reform Act of 1994; (7) the Indian Self- Determination Contract Reform Act of 1994; (8) the Auburn Indian Restoration Act; (9) the Crow Boundary Settlement Act of 1994; (10) the Tlingit and Haida Status Clarification Act; and (11) the Native American Languages Act. (Sec. 12) Amends the Ponca Restoration Act to include within the tribal service area Sarpy, Burt, Platte, Stanton, Holt, Hall, and Wayne Counties in Nebraska and Woodbury and Pottawattomie Counties in Iowa. (Sec. 13) Provides for revocation of the incorporation charter of the Minnesota Chippewa Tribe under the Indian Reorganization Act. (Sec. 14) Amends the Advisory Council on California Indian Policy Act of 1992 to extend a specified reporting deadline. (Sec. 15) Authorizes the Secretary of the Army to transfer funds to the Department of the Interior for operation of certain Columbia River fishing sites for the Nez Perce, Umatilla, Warm Springs, and Yakima Tribes. (Sec. 16) Authorizes: (1) the Ponca Indian Tribe of Nebraska to use specified funds for an adolescent transitional living facility; and (2) the Secretary of the Interior to reprogram, in accordance with resolutions approved by the Mescalero Apache Tribal Council, certain funds awarded through judgments by the Indian Claims Commission. (Sec. 18) Amends the Lac Vieux Desert Band of Lake Superior Chippewa Indians Act to authorize the Band to amend its base membership roll if certain conditions are met. (Sec. 19) Amends the Indian Self-Determination and Education Assistance Act to allow a participating tribe the option to incorporate self-determination provisions of title I into an agreement entered into under titles III or IV.

To make certain technical corrections in laws relating to Native Americans, and for other purposes.

SECTION 1. PILOT PROGRAM FOR EXPANDING TAX REFUND REDUCTION PROVISION TO INCLUDE CERTAIN LOCAL TAX DEBT. (a) Pilot Program.--Section 3720A of title 31, United States Code (relating to reduction of tax refund by amount of debt) is amended by adding at the end the following: ``(j) Pilot Program for Collection of Past-Due Legally Enforceable Local Government Tax Obligations.-- ``(1) In general.--Upon receiving notice during the pilot program period from any eligible State on behalf of a local government that a named person owes a past-due, legally enforceable tax obligation to the local government, the Secretary of the Treasury shall, under such conditions as may be prescribed by the Secretary, determine whether any amounts, as refunds of Federal taxes paid, are payable to such person. If the Secretary of the Treasury finds that any such amount is payable, he shall-- ``(A) reduce such refunds by an amount equal to the amount of such debt; ``(B) pay the amount of such reduction to the State for purposes of payment by the State to the local government on behalf of which the State submitted the notice; ``(C) notify the State of the person's name, taxpayer identification number, address, and the amount collected; and ``(D) notify the person due the refund that the refund has been reduced by an amount necessary to satisfy a past-due, legally enforceable tax obligation. ``(2) Priorities for offset.-- ``(A) Any overpayment (as defined in section 6401 of the Internal Revenue Code of 1986) by a person shall be reduced pursuant to this subsection-- ``(i) after such overpayment is reduced (I) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; (II) with respect to past-due support (as defined in section 464(c) of the Social Security Act); (III) with respect to any past-due, legally enforceable debt owed to a Federal agency; and (IV) with respect to any past-due, legally enforceable State income tax obligation (as defined in section 6402(e) of the Internal Revenue Code of 1986); and ``(ii) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person. ``(B) If the Secretary receives notice from one or more States of more than one tax obligation subject to paragraph (1) that is owed by such person to any local government, any overpayment by such person shall be applied against such debts in the order in which such notices were filed. ``(3) Notice; consideration of evidence.--No State may take action under this subsection on behalf of a local government until the local government certifies to the State that the local government-- ``(A) has notified the person owing the past-due, legally enforceable tax obligation by certified mail with return receipt that the State proposes to take action pursuant to this section; ``(B) has given such person at least 60 days to present evidence that all or part of such liability is not past-due or not legally enforceable; ``(C) has considered any evidence presented by such person and has determined that an amount of such debt is past-due and legally enforceable; and ``(D) has satisfied such other conditions as the Secretary may prescribe to ensure that the determination made under subparagraph (C) is valid and that the local government has made reasonable efforts to obtain payment of such tax obligation. ``(4) Definition of past-due, legally enforceable tax obligation.--In this subsection, the term `past-due, legally enforceable tax obligation' means a tax debt-- ``(A)(i) which resulted from-- ``(I) a judgment rendered by a court of competent jurisdiction which has determined an amount of tax to be due; or ``(II) a determination after an administrative hearing which has determined an amount of tax to be due; and ``(ii) which is no longer subject to judicial review; or ``(B) which resulted from a tax which has been assessed but not collected, the time for redetermination of which has expired, and which has not been delinquent for more than 10 years. ``(5) Eligible state.-- ``(A) In this subsection, the term `eligible State' means a State selected by the Secretary under subparagraph (B). ``(B) The Secretary shall select at least three, and not more than five, States to participate in the pilot program under this subsection. The Secretary may consider a State for selection only if it participates in the procedure applicable under section 6402(e) of the Internal Revenue Code of 1986 (relating to collection of past-due, legally enforceable State income tax obligations). ``(C) The Secretary should consider the following States for selection under this paragraph: ``(i) Illinois. ``(ii) Iowa. ``(iii) Louisiana. ``(iv) New York. ``(v) Ohio. ``(vi) Virginia. ``(6) Regulations.--The Secretary shall issue regulations prescribing the time and manner in which States must submit notices of past-due, legally enforceable tax obligations and the necessary information that must be contained in or accompany such notices. The regulations shall specify the types of taxes and the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. The regulations may require States to pay a fee to reimburse the Secretary for the cost of applying such procedure, and such fee may be reimbursed by local governments to States in accordance with applicable State law. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. ``(7) Erroneous payment to state.--Any State receiving notice from the Secretary that an erroneous payment has been made to such State with respect to a notice by the State on behalf of a local government under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State under such paragraph have been paid to such State). ``(8) Pilot program.-- ``(A) Period of pilot program.--Subject to subparagraph (B), this subsection shall apply only during 2009 and 2010. ``(B) Extension and expansion of pilot program.-- ``(i) This subsection applies after 2010 to any State described in clause (ii) unless, before December 31, 2010, the Secretary submits to Congress a report containing a determination that the pilot program has negatively affected Federal revenue or Federal revenue collection processes. ``(ii) In applying this subsection after 2010, the term `eligible State' means any State participating in the procedure applicable under section 6402(e) of the Internal Revenue Code of 1986 (relating to collection of past-due, legally enforceable State income tax obligations). ``(k) Treatment of Payments Made to States.--The Secretary may provide that, for the purposes of determining interest, the payment of any amount withheld under subsection (j) to a State shall be treated as a payment to the person or persons making the overpayment.''. (b) Disclosure of Certain Information to Agencies of States Requesting Refund Offsets for Past-Due, Legally Enforceable Tax Obligations.--Paragraph (10) of section 6103(l) of the Internal Revenue Code of 1986 is amended-- (1) in the paragraph heading, by inserting after ``6402'' the following: ``or under subsection (j) of section 3720a of title 31, united states code''; (2) in subparagraph (A), by inserting after ``6402'' the following: ``or subsection (j) of section 3720A of title 31, United States Code,''; and (3) in subparagraph (B)-- (A) by striking ``section 6402 is'' and inserting ``section 6402 or under subsection (j) of section 3720A of title 31, United States Code, is''; and (B) by striking ``section 6402.'' and inserting ``section 6402 or under subsection (j) of section 3720A of title 31, United States Code.''.

Amends federal monetary law relating to reduction of a tax refund by the amount of a tax debt to establish a pilot program during 2009 and 2010 for the collection of past-due legally enforceable local government tax obligations. Instructs the Secretary of the Treasury, upon receiving notice from any eligible state on behalf of a local government that a named person owes such local government a past-due, legally enforceable tax obligation, to: (1) reduce the federal tax refunds payable to such person by the amount of such debt; (2) pay the amount of such reduction to the state for payment to the affected local government; (3) notify the state of the person's name, taxpayer identification number, address, and the amount collected; and (4) notify the person due the refund that it has been reduced by an amount necessary to satisfy a past-due, legally enforceable tax obligation. Requires the Secretary to select between three and five states to participate in the pilot program, including from among: (1) Illinois; (2) Iowa; (3) Louisiana; (4) New York; (5) Ohio; and (6) Virginia. Amends the Internal Revenue Code to permit disclosure of taxpayer information to agencies of states requesting refund offsets for tax debts owed to local governments.

To amend title 31, United States Code, to allow certain local tax debt to be collected through the reduction of Federal tax refunds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Social Work Research Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Social workers focus on the improvement of individual and family functioning and the creation of effective health and mental health prevention and treatment interventions in order for individuals to become more productive members of society. (2) Social workers provide front line prevention and treatment services in the areas of school violence, aging, teen pregnancy, child abuse, domestic violence, juvenile crime, and substance abuse, particularly in rural and underserved communities. (3) Social workers are in a unique position to provide valuable research information on these complex social concerns, taking into account a wide range of social, medical, economic, and community influences from an interdisciplinary, family- centered, and community-based approach. SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART R--NATIONAL CENTER FOR SOCIAL WORK RESEARCH ``SEC. 399AA. ESTABLISHMENT. ``(a) Establishment.--The Secretary shall establish the National Center for Social Work Research (in this part referred to as the `Center') for the purpose of conducting, supporting, and disseminating targeted research on social work methods and outcomes related to problems of significant social concern. ``(b) Director.--The Secretary shall appoint the Director of the Center. ``SEC. 399BB. SPECIFIC AUTHORITIES. ``(a) In General.--To carry out the purpose described in section 399AA(a), the Director of the Center-- ``(1) shall promote research and training designed to inform social work practice, thus increasing the knowledge base and promoting a healthier America; ``(2) shall provide policymakers with empirically-based research information to enable them to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency; and ``(3) may establish in the Center and other nonprofit institutions, and make grants for, research traineeships and fellowships to address problems of significant social concern, especially in underserved populations and underserved geographical areas, through the study and investigation of-- ``(A) the prevention of disease; ``(B) health promotion; ``(C) the association of socioeconomic status, gender, ethnicity, age, and geographical location with health; ``(D) the social work care of individuals and families affected by acute and chronic illnesses, child abuse, neglect, or youth violence; and ``(E) child and family care. ``(b) Stipends and Allowances.--The Director of the Center may provide individuals receiving training, instruction, traineeships, or fellowships under this section with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary. ``SEC. 399CC. ADVISORY COUNCIL. ``(a) Duties.-- ``(1) In general.--The Secretary shall establish an advisory council for the Center (in this part referred to as the `advisory council') that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. ``(2) Gifts.--The advisory council may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. ``(3) Other duties and functions.--The advisory council-- ``(A)(i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; ``(ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and ``(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; ``(B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country and, with the approval of the Director of the Center, make such information available through appropriate publications; and ``(C) may appoint subcommittees and convene workshops and conferences. ``(b) Membership.-- ``(1) In general.--The voting members of the advisory council shall be the ex officio members described in paragraph (2) and not more than 18 individuals appointed by the Secretary under paragraph (3). ``(2) Ex officio members.--The ex officio members of the advisory council shall consist of the following officers and employees (or their designees): ``(A) The Secretary of Health and Human Services, the Director of the Center, the Director of the Centers for Disease Control and Prevention, the Director of the Institute of Education Sciences, the Assistant Attorney General for the Office of Justice Programs, the Director of the National Institutes of Health, the Associate Director for Prevention of the National Institute of Mental Health, and the Associate Director for Prevention of the National Institute on Drug Abuse. ``(B) An official of the Department of Health and Human Services with principal responsibility for health programs relating to children and families, designated by the Secretary of Health and Human Services. ``(C) An official of the Department of Defense with principal responsibility for health affairs, designated by the Secretary of Defense. ``(D) An official of the National Institute of Mental Health with principal responsibility for services research and clinical epidemiology, designated by the Director of the National Institute of Mental Health. ``(E) An official of the Department of Housing and Urban Development with principal responsibility for community planning and development, designated by the Secretary of Housing and Urban Development. ``(F) An official of the Veterans Health Administration with principal responsibility for social work programs, designated by the Under Secretary for Health of the Veterans Health Administration. ``(G) Any other officer or employee of the United States who, at the request of the Secretary, agrees to serve on the advisory council. ``(3) Appointed members.--The Secretary shall appoint not to exceed 18 individuals to the advisory council, of which-- ``(A) not more than two-thirds of such 18 individuals shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, of which at least 7 individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, policy, or research; and ``(B) not more than one-third of such 18 individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. ``(4) Compensation.--Members of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for an individual at grade GS-18 of the General Schedule. ``(c) Terms.-- ``(1) In general.--The term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member's term until a successor has been appointed. ``(2) Reappointments.--A member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. ``(3) Vacancy.--If a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. ``(4) Expiration of terms.--The Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. ``(d) Chairperson.-- ``(1) Selection.--The Secretary shall select the chairperson of the advisory council from among the members appointed under subsection (b)(3) and the Director of the Center. ``(2) Term.--The term of office of the chairperson shall be 2 years, except that such term shall not apply if the chairperson is the Director of the Center. ``(e) Meetings.--The advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center. ``(f) Administrative Provisions.--The Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council. ``(g) Comments and Recommendations.--The advisory council-- ``(1) may prepare for inclusion in the biennial report under section 399DD-- ``(A) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; ``(B) comments on the progress of the Center in meeting its objectives; and ``(C) recommendations with respect to the future direction and program and policy emphasis of the Center; and ``(2) such additional reports as the advisory council determines to be appropriate. ``SEC. 399DD. BIENNIAL REPORTS. ``(a) In General.--The Secretary shall transmit to the President and to the Congress a biennial report which shall be prepared by the Director of the Center, after consultation with the advisory council, and which shall consist of-- ``(1) a description of the activities of the Center and the program policies of the Director of the Center in the fiscal years for which the report is prepared; and ``(2) such additional information as the Director determines appropriate. ``(b) Comments by Advisory Council.--The Director of the Center shall provide the advisory council an opportunity to submit written comments described in section 399CC(g). ``SEC. 400. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this part, there is authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009.''.

National Center for Social Work Research Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish the National Center for Social Work Research to conduct, support, and disseminate targeted research on social work methods and outcomes related to problems of significant social concern. Requires the Secretary to appoint a Director of the Center to: (1) promote research and training designed to inform social work practice; (2) provide policy makers with empirically-based research information; and (3) establish research traineeships to address problems of significant social concern. Establishes an advisory council for the Center.

To amend the Public Health Service Act to provide for the establishment of a National Center for Social Work Research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Overdraft Fee Notification Act''. SEC. 2. NOTIFICATION OF OVERDRAFT FEE. (a) In General.--Section 905 of the Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by adding at the end the following new subsection: ``(d) Notification of Overdraft Fee for In-Person, Automated, Telephonic, and Internet-Based Transactions.-- ``(1) In general.--In the case of any financial institution that provides any overdraft protection service to any consumer on a flat, per-transaction basis in connection with a withdrawal from or debit of the consumer's account at the financial institution in a transaction described in paragraph (2) that would result in an overdraft of such consumer account, no fee or charge may be imposed for such overdraft protection service unless the notice required by this subsection has been provided to the consumer, in the manner required under this subsection, before the completion of the transaction that would result in an overdraft. ``(2) Scope of application.--Paragraph (1) shall apply to any withdrawal from or debit of a consumer's account at a financial institution in a transaction initiated by the consumer as an electronic fund transfer or in person at a branch of the financial institution staffed by employees of the financial institution. ``(3) Automated teller machine transactions.--In the case of any electronic fund transfer initiated by a consumer at any automated teller machine, whether or not such machine is maintained by the financial institution that holds the account of the consumer initiating the transaction, the following disclosure rules shall apply: ``(A) Balance requests.-- ``(i) In general.--In the case of a request by the consumer at the automated teller machine for balance information, the display provided on the machine shall provide such information in a manner that differentiates between-- ``(I) the funds available in the account that are attributable to deposits by or on behalf of the consumer; and ``(II) funds available to the customer from the institution in connection with an overdraft protection service. ``(ii) Overdraft protection service fee amount.--On the same screen of the automated teller machine referred to in clause (i), the display shall provide information on any fee that would be imposed for the provision of any overdraft protection service provided in connection with the transaction. ``(B) Withdrawal or transfer.--In the case of a request by the consumer at the automated teller machine to initiate an electronic fund transfer that can be completed only if an overdraft protection service is provided to the consumer, the display provided on the machine shall provide the following notice, with the blanks filled in appropriately, and the option for the consumer to accept or decline the service: `This request exceeds your funds available and will result in an overdraft of $__ and the imposition of a fee from your financial institution of $__. To accept this fee and continue with your transaction, press ``ACCEPT''. To terminate this transaction, press ``DECLINE''.'. ``(4) Automated point of sale transaction.--In the case of any electronic fund transfer initiated by a consumer at any automated point-of-sale machine that can be completed only if an overdraft protection service is provided to the consumer for a fee, the following disclosure rules shall apply to the extent a screen operated in conjunction with the machine is available to the consumer for effectuating the transaction: ``(A) Notice of overdraft.--The display provided on the machine shall provide the following notice and the option for the consumer to continue or discontinue the transaction: `Transaction will result in an overdraft of $__. To continue with your transaction, press ``CONTINUE''. To terminate this transaction, press ``NO''.'. ``(B) Notice of fee.--If the consumer referred to in subparagraph (A) continues with the transaction, the display provided on the machine shall provide the following notice and the option for the consumer to accept or decline the fee: `A fee of $__ will be imposed for the overdraft. To accept this fee and continue with your transaction, press ``ACCEPT''. To terminate this transaction, press ``DECLINE''.'. ``(5) In-person and telephonic transactions.--In the case of any fund transfer or withdrawal initiated by a consumer in person at a branch of the financial institution staffed by employees of the financial institution or verbally over the telephone, the following disclosure requirements shall apply: ``(A) Balance requests.--If, in the course of the transaction, the amount of the balance in the consumer's account is mentioned or requested, the customer shall be made aware verbally of any distinction between-- ``(i) the funds available in the account that are attributable to deposits by or on behalf of the consumer; and ``(ii) funds available to the customer from the institution in connection with an overdraft protection service. ``(B) Overdraft protection service fee amount.--If the consummation of the withdrawal or fund transfer transaction would result in the imposition of an overdraft protection service fee on the account of the consumer, the consumer shall promptly be informed of such fact and the amount of the fee before the transaction is final. ``(6) Internet and other electronic terminal transactions.--In the case of any electronic fund transfer initiated by the consumer at any electronic terminal or computer, other than an automated teller machine or automated point-of-sale machine meeting the requirements of paragraph (3) or (4), that can be completed only if an overdraft protection service is provided to the consumer for a fee, the display provided on the terminal or computer shall provide the following notice and the option for the consumer to accept or decline the fee: `This request exceeds your funds available and will result in an overdraft of $__ and the imposition of a fee from your financial institution of $__. To accept this fee and continue with your transaction, press ``ACCEPT''. To terminate this transaction, press ``DECLINE''.'. ``(7) Definitions.--For purposes of this subsection and section 906(c)(5), the following definitions shall apply: ``(A) Annual percentage rate.--The term `annual percentage rate' means the rate of interest determined in the manner provided in section 108 and regulations prescribed by the Board under such section. ``(B) Overdraft protection service.--The term `overdraft protection service' means any service provided by a financial institution holding the account of any consumer pursuant to which any debit against the account is paid by the financial institution even though there are insufficient funds in the account to cover the amount of the debit, however such payment is accomplished, including through the use of overdraft lines of credit, linked accounts, or any overdraft protection program for which the financial institution has not complied with the disclosure requirements under the Truth in Lending Act and regulations prescribed under such Act.''. (b) Information Required in Periodic Statement.--Section 906(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693d(c)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) with respect to each case in which the financial institution was required to provide notice to a customer under any paragraph of section 905(d) of the imposition of an overdraft fee and the amount of the fee during the period covered by the periodic statement, a written statement of the annual percentage rate which the fee represents with respect to the amount of the overdraft in type no smaller than other required disclosures under this subsection, but not less than 8-point type, and in the following form: `Overdraft Fee Annual Percentage Rate Notice: The overdraft fee resulting from your transaction dated ___ is equal to an Annual Percentage Rate of __% on your overdraft balance of $___.'.''.

Overdraft Fee Notification Act - Amends the Electronic Fund Transfer Act to prohibit a financial institution from imposing a fee or charge for overdraft protection service unless it has disclosed such charge to the consumer before the completion of the transaction that would result in an overdraft. Sets forth disclosure requirements. Requires such an institution to disclose in periodic statements to the consumer the annual percentage rate which the overdraft fee represents.

To amend the Electronic Fund Transfer Act to require notice to the consumer before any fee may be imposed by a financial institution in connection with any transaction for any overdraft protection service provided with respect to such transaction, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Whatever It Takes to Rebuild Act, Part II''. SEC. 2. FINDINGS. Congress finds the following: (1) Major disasters, including natural disasters and disasters caused by terrorist acts, often result in a decline in economic activity in areas affected by the disaster and a reduction in tax collections by State and local governments serving those areas. (2) A report of the Government Accountability Office entitled ``September 11: Recent Estimates of Fiscal Impact of 2001 Terrorist Attack on New York'', dated March 2005, confirmed prior estimates that-- (A) New York City lost between $2,500,000,000 and $2,900,000,000 in tax revenues for fiscal years 2002 and 2003; and (B) the State of New York lost $2,900,000,000 for fiscal years 2002 and 2003. (3) The impact of Hurricane Katrina on State and local tax revenues is not yet known, but the impact is believed to be extensive. (4) Under the community disaster loan program (in this section referred to as the ``CDL program''), as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the President may make loans to a local government suffering a substantial loss of tax and other revenues as a result of a major disaster, if the local government demonstrates a need for financial assistance in order to preform its governmental function. (5) The President may cancel the repayment of all or any part of a loan made to a local government under the CDL program if revenues following the disaster are insufficient to meet the operating budget of that local government as a result of disaster-related revenue losses and additional unreimbursed disaster-related municipal operating expenses. In the case of a major disaster designated as an incident of national significance, including natural disasters and disasters caused by terrorist acts, repayment of any interest or principal on a loan made under the CDL program should not be required. (6) Assistance made available under the CDL program is often instrumental in aiding the full recovery of a local government following a major disaster. (7) The Disaster Mitigation Act of 2000 established a $5,000,000 limitation on loans made to a local government under the CDL program in connection with a major disaster. Before the date of enactment of such Act, there was not any limitation on the amount of such loans. (8) The $5,000,000 limitation is inequitable when applied to a local government serving a largely populated area, such as New York City, and when applied to an area that is completely devastated by a major disaster (such as Orleans, St. Bernard, and Plaquemines parishes in the State of Louisiana following Hurricane Katrina), and is inconsistent with the objective of the CDL program to provide meaningful assistance to a local government recovering from a major disaster. (9) On October 4, 2005, the Mayor of New Orleans announced that the city was laying off 3,000 city employees as a result of reduced tax revenues following Hurricane Katrina. (10) On October 7, 2005, Congress passed and the President signed into law the Community Disaster Loan Act of 2005 (Public Law 109-88), which-- (A) made available $1,000,000,000 for making community disaster loans to communities affected by Hurricane Katrina or Hurricane Rita; (B) waived the $5,000,000 limitation that is generally applicable to community disaster loans with respect to loans made to communities affected by Hurricane Katrina or Hurricane Rita; and (C) prohibited the forgiveness of community disaster loans made to communities affected by Hurricane Katrina or Hurricane Rita. (11) Repayment of community disaster loans has frequently been forgiven under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and the prohibition on forgiveness contained in the Community Disaster Loan Act of 2005 is the first time such a prohibition has applied to such loans. SEC. 3. REPEAL. The Community Disaster Loan Act of 2005 (Public Law 108-88) is repealed. SEC. 4. COMMUNITY DISASTER LOANS. (a) Eligibility of States.--Section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) is amended by striking ``local government'' each place it appears and inserting ``State or local government''. (b) Amount.--Section 417(b) of such Act (42 U.S.C. 5184(b)) is amended-- (1) by striking ``based on need, shall'' and inserting ``based on need and shall''; and (2) by striking ``, and shall not exceed $5,000,000''. (c) Incidents of National Significance.--Section 417 of such Act (42 U.S.C. 5184) is amended by adding at the end the following: ``(e) Incidents of National Significance.-- ``(1) Loan terms.--In the case a loan made under this section to a State or local government which may suffer a substantial loss of tax and other revenues as a result of a major disaster that the President determines to be an incident of national significance-- ``(A) the amount of the loan shall not be subject to the per centum limitation in subsection (b); and ``(B) the President shall not require the payment of any interest or principal on a loan. ``(2) Incident of national significance defined.--In this subsection, the term `incident of national significance' has the meaning such term has in the national response plan established pursuant to section 502(6) of the Homeland Security Act of 2002 (6 U.S.C. 312(6)).''. (d) Applicability.--The amendments made by this section shall apply with respect to any major disaster occurring on or after August 24, 2005. (e) Authorization of Appropriations.--There is authorized to be appropriated for making community disaster loans under section 417 of such Act (42 U.S.C. 5184) to State and local governments which may suffer a substantial loss of tax and other revenues as a result of Hurricane Katrina or Hurricane Rita $1,000,000,000 and such additional sums as may be necessary.

Whatever It Takes to Rebuild Act, Part II - Repeals the Community Disaster Loan Act of 2005. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to make community disaster loans to any state government which may suffer a substantial loss of tax and other revenue as a result of a major disaster, and has demonstrated a need for financial assistance in order to perform its governmental functions. Removes the $5 million cap set for community disaster loans. Provides that in the case of a community disaster loan made to a state or local government which suffers a substantial loss of tax and other revenues as a result of a major disaster the President determines to be an incident of national significance: (1) the amount of the loan shall not be subject to the current limitation of 25% of the annual operating budget of that state or local government for the fiscal year in which the major disaster occurs; and (2) the President shall not require the payment of any interest or principal on a loans.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to modify the terms of the community disaster loan program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Pharmaceuticals for Children Act''. SEC. 2. PEDIATRIC STUDIES MARKETING EXCLUSIVITY. Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 501 et seq.) is amended by inserting after section 505 the following new section: ``pediatric studies for new drug applications ``Sec. 505A. (a) If an application submitted under section 505(b)(1) is approved on or after the date of enactment of this section, and such application includes reports of pediatric studies described and requested in subsection (c), and such studies are completed and the reports thereof submitted in accordance with subsection (c)(2) or completed and the reports thereof accepted in accordance with subsection (c)(3), the Secretary may not make the approval of an application submitted under section 505(b)(2) or section 505(j) which refers to the drug for which the section 505(b)(1) approval is granted effective prior to the expiration of 6 months from the earliest date on which the approval of such application for the drug under section 505(b)(2) or section 505(j), respectively, could otherwise be made effective under the applicable provisions of this chapter. ``(b) If the Secretary makes a written request for pediatric studies described in subsection (c) to the holder of an approval under section 505(b)(1) for a drug, and such studies are completed and the reports thereof submitted in accordance with subsection (c)(2) or completed and the reports thereof accepted in accordance with subsection (c)(3), the Secretary may not make the approval of an application submitted under section 505(b)(2) or section 505(j) which refers to the drug subject to the section 505(b)(1) approval effective prior to the expiration of 6 months from the earliest date on which an approval of such application under section 505(b)(2) or section 505(j), respectively, could otherwise be made effective under the applicable provisions of this chapter. Nothing in this subsection shall affect the ability of the Secretary to make effective a section 505(b)(2) or section 505(j) approval for a subject drug if such approval is proper under such subsection and is made effective prior to the submission of the reports of pediatric studies described in subsection (c). ``(c)(1) The Secretary may, pursuant to a written request for studies after consultation with the sponsor of an application or holder of an approval for a drug under section 505(b)(1), agree with the sponsor or holder for the conduct of pediatric studies for such drug. ``(2) If the sponsor or holder and the Secretary agree upon written protocols for such studies, the studies requirement of subsection (a) or (b) is satisfied upon the completion of the studies in accordance with the protocols and the submission of the reports thereof to the Secretary. Within 60 days after the submission of the report of the studies, the Secretary shall determine if such studies were or were not conducted in accordance with the written protocols and reported in accordance with the Secretary's requirements for filing and so notify the sponsor or holder. ``(3) If the sponsor or holder and the Secretary have not agreed in writing on the protocols for the studies, the studies requirement of subsection (a) or (b) is satisfied when such studies have been completed and the reports accepted by the Secretary. Within 90 days after the submission of the reports of the studies, the Secretary shall accept or reject such reports and so notify the sponsor or holder. The Secretary's only responsibility in accepting or rejecting the reports shall be to determine, within 90 days, that the studies fairly respond to the written request, that such studies have been conducted in accordance with commonly accepted scientific principles and protocols, and that such studies have been reported in accordance with the Secretary's requirements for filing. ``(4) As used in this section, `pediatric studies' or `studies' means at least 1 human clinical investigation in a population of adolescent age or younger. At the Secretary's discretion, pharmacokinetic studies may be considered as clinical investigations. ``(d) If the Secretary determines that an approval of an application under section 505(b)(2) or section 505(j) for a drug may be made effective after submission of reports of pediatric studies under this section but before the Secretary has determined whether the requirements of subsection (c) have been satisfied, the Secretary may delay the effective date of any approval under section 505(b)(2) or section 505(j), respectively, until the determination under subsection (c) is made, but such delay shall not exceed 90 days. In the event that the requirements of this section are satisfied, the 6-month period referred to in subsection (a) or (b) shall be deemed to have begun on the date an approval of an application under section 505(b)(2) or section 505(j), respectively, would have been permitted absent action under this subsection. ``(e) The Secretary shall publish notice of any determination that the requirements of subsection (c)(2) or (c)(3) have been met and that approvals for the drug will be subject to deferred effective dates under this section.''.

Better Pharmaceuticals for Children Act - Amends the Federal Food, Drug, and Cosmetic Act to prescribe guidelines under which the Secretary of Health and Human Services shall defer for a six-month period the effective date for approved drug applications pending the conduct of clinical trials in the pediatric population.

Better Pharmaceuticals for Children Act

SECTION 1. LEASES, PERMITS, AND CONTRACTS FOR BUILDINGS, FACILITIES, AND PROPERTIES IN THE NATIONAL WILDLIFE REFUGE SYSTEM. (a) In General.--The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) is amended by-- (1) striking section 6 (relating to amendments to other laws, which have executed); (2) redesignating section 5 (16 U.S.C. 668ee) as section 6; and (3) inserting after section 4 the following: ``SEC. 5. CONCESSION CONTRACTS. ``(a) Contract Requirement.--(1) The Secretary shall not award any concession that authorizes a person to use any land or water in the System for any activity described in subsection (b), except under a contract that complies with the requirements established under subsection (c). ``(2) The Secretary may not award a contract required under this subsection except under a competitive bidding process. ``(b) Covered Concession Activities.--(1) The activity referred to in subsection (a) is any activity conducted to provide accommodations, facilities, or services to members of the public who are visiting lands or waters in the System, for the purpose of providing such visitors recreational, educational, or interpretive enjoyment of lands or waters in the System. ``(2) Such activity does not include-- ``(A) any activity carried out under a procurement contract, grant agreement, or cooperative agreement required under chapter 63 of title 31, United States Code; ``(B) the performance of volunteer services; and ``(C) any activity by a governmental entity. ``(c) Standardized Contract.--(1) The Secretary, acting through the Director, shall issue regulations that establish a standardized contract for purposes of subsection (a). ``(2) Regulations under this subsection shall authorize a contract to use a provision other than those specified by the regulations only if-- ``(A) the provision addresses extenuating circumstances that are specific to a refuge or the contract; and ``(B) the provision is approved by the Director in writing. ``(3) Regulations under this subsection shall require in each contract provisions that require that any activity conducted in the System under the contract-- ``(A) must be a compatible use; and ``(B) must be designed to-- ``(i) conserve the natural and cultural resources of the System; ``(ii) facilitate the enjoyment of the lands and waters of the System by visitors to the System; and ``(iii) enhance the such visitors' knowledge of the natural resources of the System. ``(d) Maintenance and Repair.--(1) Notwithstanding any other provision of law, the Secretary shall include, in each contract that authorizes a person to use any land or water in the System for any activity described in subsection (b), provisions that-- ``(A) authorize the person to maintain or repair any improvement on or in such land or water that the person is authorized to use for such activity; and ``(B) treat costs incurred by the person for such maintenance or repair as consideration otherwise required to be paid to the United States for such use. ``(2) This subsection does not authorize any maintenance or repair that is not directly related to an activity described in subsection (b) that is authorized by the contract. ``(3) The United States shall retain title to all property that is maintained or repaired under this subsection. ``(e) No Compensable Interest.--Nothing in this Act shall be considered to convey to any person any right to compensation for-- ``(1) the value of any maintenance activities, repairs, construction, or improvements on or in land or water in the System; or ``(2) buildings, facilities, fixtures, and non-movable equipment that the person is authorized to use under this Act. ``(f) Expenditure of Fees and Other Payments.--(1) Amounts received by the United States as fees or other payments required under any agreement, lease, permit, or contract for use of real property located in an area in the System shall be available to the Secretary for expenditure in accordance with this subsection, without further appropriation. ``(2) Amounts available for expenditure under this subsection may only be used-- ``(A) at the refuge or refuge complex with respect to which the amounts were received as fees or other payments; ``(B) to increase the quality of the visitor experience; and ``(C) for purposes of-- ``(i) backlogged repair and maintenance projects (including projects relating to health and safety); ``(ii) interpretation, signage, habitat, or facility enhancement; ``(iii) resource protection and preservation; or ``(iv) administration of agreements, leases, permits, and contracts from which such amounts are derived. ``(3) Paragraph (1) shall not affect the application of the Act of June 15, 1935 (chapter 261; 16 U.S.C. 715s), commonly referred to as the Refuge Revenue Sharing Act, to amounts referred to in paragraph (1) that are not expended by the Secretary under paragraph (1).''. (b) Application.--Section 5(a) of the National Wildlife Refuge System Administration Act of 1966, as amended by this section, shall apply only with respect to a concession that is-- (1) first awarded after the date of the publication of regulations under section 5(c) of the National Wildlife Refuge System Administration Act of 1966, as amended by this section; or (2) renewed after the end of the 3-year period beginning on the date of the enactment of this Act. (c) Deadline for Regulations Establishing Standardized Contract Requirements.--The Secretary of the Interior shall issue regulations under section 5(c) of the National Wildlife Refuge System Administration Act of 1966, as amended by this section, by not later than 18 months after the date of the enactment of this Act. (d) Comprehensive Conservation Plan Requirement.--Section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd) is amended by adding at the end the following: ``(5) The Secretary shall include, in the comprehensive conservation plan for each refuge under this subsection, a description of the activities that may be conducted in the refuge, and the lands, waters, and facilities of the refuge that may be used, under concession contracts awarded under section 5(a).''. (e) Prior Amendments Not Affected.--Nothing in this section shall be construed to affect any amendment made by section 6 of the National Wildlife Refuge System Administration Act of 1966, as in effect before the enactment of this Act, or any provision of law amended by such section. SEC. 2. ANNUAL REPORT ON NATIONAL WILDLIFE REFUGE CONCESSIONS. (a) Reporting Requirement.--The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) is further amended by adding at the end the following: ``SEC. 7. ANNUAL REPORT ON CONCESSION ACTIVITIES IN THE SYSTEM. ``(a) In General.--The Secretary shall submit by December 31 each year, to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate, a report on concessions activities conducted in the System. ``(b) Contents.--Each report under this section shall describe the following with respect to the period covered by the report: ``(1) The number of refuge units in which concessions activities were conducted. ``(2) The names and descriptions of services offered in the System by each concessionaire. ``(3) A listing of the different types of legal arrangements under which concessionaires operated in the System, including contracts, memoranda of understanding, permits, letters of agreement, and other arrangements. ``(4) Amounts of fees or other payments received by the United States with respect to such activities from each concessionaire, and the portion of such funds expended for purposes under this Act. ``(5) An accounting of the amount of monies deposited into the fund established by section 401 of the Act of June 15, 1935 (chapter 261; 16 U.S.C. 715s), popularly known as the refuge revenue sharing fund, and of the balance remaining in the fund at the end of the reporting period. ``(6) A listing of all concession contracts and other arrangements that were terminated or not renewed within the reporting period. ``(7) A summary of all improvements in visitor services in the System that were completed by concessionaires and volunteers during the reporting period. ``(8) A summary of all backlogged repair and maintenance, facility enhancement, and resource preservation projects completed by concessionaires and volunteers during the reporting period.''. (b) Deadline for First Report.--The Secretary of the Interior shall submit the first report under the amendment made by subsecton (a) by not later than 1 year after the date of the enactment of this Act. Passed the House of Representatives May 14, 2002. Attest: JEFF TRANDAHL, Clerk.

Amends the National Wildlife Refuge System Administration Act of 1966 to prohibit the Secretary of the Interior from awarding any concession that authorizes a person to use any land or water in the National Wildlife Refuge System for any activity conducted to provide accommodations, facilities, or services for visitors' recreational, educational, or interpretive enjoyment of System lands or waters, except under a standardized contract established pursuant to this Act.Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, to issue regulations requiring that any activity conducted in the System under the contract must be: (1) a compatible use; and (2) designed to conserve the System's natural and cultural resources, facilitate the enjoyment of System lands and waters, and enhance visitors' knowledge of the natural resources.Requires the Secretary to include in any such contract provisions that: (1) authorize the person to maintain or repair any improvement on or in such land or water that the person is authorized to use; and (2) treat costs incurred by the person for such maintenance or repair as consideration otherwise required to be paid to the United States for such use.Requires amounts received by the United States as fees or other payments required under any contract for use of real property located in an area of the System to be available to the Secretary for expenditure: (1) for use at the refuge or refuge complex with respect to which the amounts were received; (2) to increase the quality of the visitor experience; and (3) for backlogged repair and maintenance projects, for interpretation, signage, habitat, or facility enhancement, for resource protection and preservation, or for administration of agreements from which such amounts are derived.Directs the Secretary to: (1) include in the comprehensive conservation plan for each refuge a description of the activities that may be conducted in the refugee and the lands, water, and facilities of the refuge that may be used under concession contracts; and (2) report annually to specified congressional committees on concessions activities in the System.

To amend the National Wildlife Refuge System Administration Act of 1966 to establish requirements for the award of concessions in the National Wildlife Refuge System, to provide for maintenance and repair of properties located in the System by concessionaires authorized to use such properties, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Frederick Douglass Bicentennial Commission Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Born into slavery on the Eastern Shore of Maryland in 1818 and given the name Frederick Augustus Washington Bailey after his mother Harriet Bailey, Frederick Douglass has been called the father of the civil rights movement. (2) Douglass rose through determination, brilliance, and eloquence to shape the American Nation. He was an abolitionist, human rights and women's rights activist, orator, author, journalist, publisher, and social reformer. (3) Taught basic reading skills by his mistress until she was forced to stop, Douglass continued to teach himself to read and write and taught other slaves to read despite risks including death. (4) During the course of his remarkable life Frederick Douglass escaped from slavery, became internationally renowned for his eloquence in the cause of liberty, and went on to serve the national government in several official capacities. (5) Forced to leave the country to avoid arrest as an escaped slave, he returned to become a staunch advocate of the Union cause and helped recruit African-American troops for the Union Army, including two of his sons, Charles and Lewis Douglass. His personal relationship with Abraham Lincoln helped persuade the President to make emancipation a cause of the Civil War. (6) With the abolition of slavery at the close of the Civil War, Douglass then turned his attention to the full integration of African-Americans into the political and economic life of the United States. Committed to freedom, Douglass dedicated his life to achieving justice for all Americans, in particular African-Americans, women, and minority groups. He envisioned America as an inclusive Nation strengthened by diversity and free of discrimination. (7) Douglass served as an advisor to Presidents. Abraham Lincoln referred to him as the most meritorious man of the nineteenth century. Douglass was appointed to several offices. He served as the United States Marshal of the District of Columbia under Rutherford B. Hayes' administration; President James Garfield appointed Douglass the District of Columbia Recorder of Deeds. In 1889, President Benjamin Harrison appointed Frederick Douglass to be the United States minister to Haiti. He was also appointed by President Grant to serve as Assistant Secretary of the Commission of Inquiry to Santo Domingo. (8) Douglass lived in the District of Columbia for 23 of his 57 years as a free man, and in recognition of his leadership and continuous fight for justice and freedom, his home, Cedar Hill, was established as a National Historic Site in Anacostia, in Southeast Washington, DC. (9) The statue of Frederick Douglass in the United States Capitol is a gift from the almost 700,000 residents of the District of Columbia. (10) All Americans could benefit from studying the life of Frederick Douglass, for Douglass dedicated his own life to ensuring freedom and equality for future generations of Americans. This Nation should ensure that his tireless struggle, transformative words, and inclusive vision of humanity continue to inspire and sustain us. (11) The year 2018 marks the bicentennial anniversary of the birth of Frederick Douglass, and a commission should be established to plan, develop, and carry out, and to recommend to Congress, programs and activities that are fitting and proper to celebrate that anniversary in a manner that appropriately honors Frederick Douglass. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the Frederick Douglass Bicentennial Commission (referred to in this Act as the ``Commission''). SEC. 4. DUTIES. The Commission shall have the following duties: (1) To plan, develop, and carry out programs and activities that are fitting and proper to honor Frederick Douglass on the occasion of the bicentennial anniversary of Douglass' birth. (2) To recommend to Congress programs and activities that the Commission considers fitting and proper to honor Frederick Douglass on such occasion, and the entity or entities in the Federal Government that the Commission considers most appropriate to carry out such programs and activities. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 16 members appointed as follows: (1) Two members, each of whom shall be a qualified citizen described in subsection (b), appointed by the President. (2) One member, who shall be a qualified citizen described in subsection (b), appointed by the President on the recommendation of the Governor of Maryland. (3) One member, who shall be a qualified citizen described in subsection (b), appointed by the President on the recommendation of the Governor of Massachusetts. (4) One member, who shall be a qualified citizen described in subsection (b), appointed by the President on the recommendation of the Governor of New York. (5) One member, who shall be a qualified citizen described in subsection (b), appointed by the President on the recommendation of the Mayor of the District of Columbia. (6) Three members, at least one of whom shall be a Member of the House of Representatives, appointed by the Speaker of the House of Representatives. (7) Three members, at least one of whom shall be a Senator, appointed by the majority leader of the Senate. (8) Two members, at least one of whom shall be a Member of the House of Representatives, appointed by the minority leader of the House of Representatives. (9) Two members, at least one of whom shall be a Senator, appointed by the minority leader of the Senate. (b) Qualified Citizen.--A qualified citizen described in this subsection is a private citizen of the United States with-- (1) a demonstrated dedication to educating others about the importance of historical figures and events; and (2) substantial knowledge and appreciation of Frederick Douglass. (c) Time of Appointment.--Each initial appointment of a member of the Commission shall be made before the expiration of the 60-day period beginning on the date of the enactment of this Act. (d) Continuation of Membership.--If a member of the Commission was appointed to the Commission as a Member of Congress, and ceases to be a Member of Congress, that member may continue to serve on the Commission for not longer than the 30-day period beginning on the date that member ceases to be a Member of Congress. (e) Terms.--Each member shall be appointed for the life of the Commission. (f) Vacancies.--A vacancy in the Commission shall not affect the powers of the Commission but shall be filled in the manner in which the original appointment was made. (g) Basic Pay.--Members shall serve on the Commission without pay. (h) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (i) Quorum.--Six members of the Commission shall constitute a quorum but a lesser number may hold hearings. (j) Chair.--The Commission shall select a Chair from among the members of the Commission. (k) Meetings.--The Commission shall meet at the call of the Chair. Periodically, the Commission shall hold a meeting in Rochester, New York. SEC. 6. DIRECTOR AND STAFF. (a) Director.--The Commission may appoint and fix the pay of a Director and such additional personnel as the Commission considers to be appropriate. (b) Applicability of Certain Civil Service Laws.-- (1) Director.--The Director of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (2) Staff.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. SEC. 7. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this Act. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this Act. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Gifts.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money or other property for carrying out its duties. SEC. 8. REPORTS. (a) Initial Report.--Not later than August 1, 2018, the Commission shall submit to Congress an initial report containing its recommendations under section 4(2). (b) Final Report.--Not later than June 1, 2019, the Commission shall submit a final report to Congress, and shall include in the final report-- (1) a summary of its activities and programs; (2) a final accounting of the funds the Commission received and expended; and (3) any other information that the Commission considers to be appropriate. SEC. 9. TERMINATION. The Commission shall terminate 30 days after submitting the final report pursuant to section 8(b).

Frederick Douglass Bicentennial Commission Act This bill establishes the Frederick Douglass Bicentennial Commission to: (1) plan, develop, and carry out programs and activities to honor Frederick Douglass for the bicentennial anniversary of his birth; and (2) recommend the federal government entities appropriate to carry out such programs and activities. Not later than August 1, 2018, the commission must recommend appropriate activities to Congress. A final report detailing commission activities and expenditures must be submitted not later than June 1, 2019.

Frederick Douglass Bicentennial Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Fairness Act of 2007''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--The Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence, if the alien-- (i) applies for adjustment before April 1, 2009; and (ii) is otherwise eligible to receive an immigrant visa and admissible to the United States for permanent residence, except that, 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 (8 U.S.C. 1182(a)) shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Secretary of Homeland Security determines that the alien has been convicted of-- (i) any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); or (ii) 2 or more crimes involving moral turpitude. (2) Relationship of application to certain orders.-- (A) In general.--An alien present in the United States who has been ordered excluded, deported, removed, or 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) if otherwise qualified under that paragraph. (B) Separate motion not required.--An alien described in subparagraph (A) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the order described in subparagraph (A). (C) Effect of decision by secretary.--If the Secretary of Homeland Security grants an application under paragraph (1), the Secretary shall cancel the order. If the Secretary of Homeland Security makes a final 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.-- (1) In general.--The benefits provided under subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States from January 1, 2007, through the date of application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien who is 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 in the Immigration and Nationality Act, the Secretary of Homeland Security shall not order an 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 has applied for adjustment of status under subsection (a), except where the Secretary of Homeland Security has made a final determination to deny the application. (3) Work authorization.-- (A) In general.--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. (B) Pending applications.--If an application under subsection (a) is pending for a period exceeding 180 days and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Record of Permanent Residence.--Upon approval of an alien's application for adjustment of status under subsection (a), the Secretary of Homeland Security shall establish a record of the alien's admission for permanent record as of the date of the alien's arrival in the United States. (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 (8 U.S.C. 1255); or (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (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.--If 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.-- (1) Definitions.--Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act shall apply in this section. (2) Savings provision.--Nothing in this Act shall be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization. (3) Effect of eligibility for adjustment of status.-- Eligibility to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude an alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.

Liberian Refugee Immigration Fairness Act of 2007 - Provides for the permanent resident status adjustment of certain Liberian nationals.

A bill to provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residence.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Emergency Malpractice Liability Insurance Commission (EMLIC) Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Commission. Sec. 3. Duties of the Commission. Sec. 4. Final report; Congressional hearings. Sec. 5. Powers of Commission. Sec. 6. Commission personnel matters. Sec. 7. Authorization of appropriations; GAO audit. Sec. 8. Termination of Commission. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as Emergency Malpractice Liability Insurance Commission (in this Act referred to as the ``Commission''). (b) Purpose.--The Commission shall examine the causes of soaring medical malpractice premiums and propose a comprehensive strategy to alleviate the impact of the crisis in medical malpractice liability insurance. (c) Membership of Commission.-- (1) Composition.--The commission shall be composed of 12 members of whom-- (A) 4 shall be appointed by the President, 1 of whom shall be appointed to represent physicians' interests, 1 of whom shall be appointed to represent malpractice liability insurers, 1 of whom shall be appointed to represent lawyers' interests, and 1 of whom shall be appointed to represent consumer protection interests; (B) 1 Senator and 1 other individual shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate; (C) 1 Senator and 1 other individual shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate; (D) 1 Member of the House of Representatives and 1 other individual shall be appointed by the Speaker of the House of Representatives; and (E) 1 Member of the House of Representatives and 1 other individual shall be appointed by the Minority Leader of the House of Representatives. (2) Qualifications of members.-- (A) Presidential appointments.--Of the individuals appointed under paragraph (1)(A), not more than 1 may be an officer, employee, or paid consultant of the Executive Branch. (B) Other appointments.--Individuals who are not Members of Congress, appointed under subparagraph (B), (C), (D), or (E) of paragraph (1), shall be individuals who-- (i) have expertise in medicine, insurance, law, consumers affairs, or have other pertinent qualifications or experience; and (ii) are not officers or employees of the United States. (C) Other considerations.--In appointing Commission members, every effort shall be made to ensure that the members-- (i) represent a broad cross section of regional and political perspectives in the United States; and (ii) provide fresh insights to analyzing the medical malpractice insurance crisis. (d) Period of Appointment; Vacancies.-- (1) In general.--Members shall be appointed not later than 60 days after the date of enactment of this Act and the appointment shall be for the life of the Commission. (2) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (e) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (f) Meetings.--The Commission shall meet at the call of the Chairperson. (g) Chairperson and Vice Chairperson.--The members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (i) Voting.--Each member of the Commission shall be entitled to 1 vote. SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall investigate and determine whether a causal relationship exists between skyrocketing malpractice insurance premiums, jury awards, decreased accessibility and affordability of health care, and the increase in the number of physicians moving, quitting or retiring from the practices in the field of medicine. The Commission will make recommendations based on a study of statistical trends and testimony that can be taken by Congress to alleviate the impact of the crisis in medical malpractice liability insurance. (b) Specific Issues to Be Addressed.--The Commission shall examine and report to the President and the Congress on at least the following: (1) Nature and patterns of the medical malpractice insurance market. (2) Similarities and differences of the medical malpractice insurance market to other lines of insurance. (3) Impact of the McCarran-Ferguson Act on medical malpractice insurance market. (4) Federal role as it is and recommendations on how it should be with respect to medical malpractice. (5) Survey and assessment of the efficacy of State-level legislation in insurance, in general, and medical malpractice insurance, in particular. (6) Survey of insurer's investments and strategies and its role in premium rate setting for medical malpractice insurance. (7) Role of jury awards in premium rate setting for medical malpractice insurance. (8) Relationship of medical malpractice premium rates and overall medical practice costs. (9) The extent to which malpractice claims are widely dispersed across the medical community or concentrated among a handful of repeat offenders, and the effectiveness of state and professional regulatory bodies in disciplining poor performing doctors and medical professionals. SEC. 4. FINAL REPORT; CONGRESSIONAL HEARINGS. (a) Final Report.-- (1) In general.--Not later than 16 months after the date of enactment of this Act, the Commission shall submit to the President and Congress a final report which contains-- (A) the findings and conclusions of the Commission described in section 3; (B) a detailed plan for comprehensive strategy to combat the consequences of skyrocketing medical malpractice liability insurance rates; and (C) any recommendations for administrative and legislative actions necessary to achieve such reductions. (2) Separate views.--Any member of the Commission may submit additional findings and recommendations as part of the final report. (b) Congressional Hearings.--Not later than 6 months after the final report described in subsection (a) is submitted, the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate shall hold hearings on the report. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this Act. The Commission shall hold at least 7 public hearings, 1 or more in Washington, D.C. and 4 in different regions of the United States. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT. (a) In General.--There are authorized to be appropriated $2,000,000 to the Commission to carry out the provisions of this Act. (b) GAO Audit.--Not later than 6 months after termination of the Commission, the Comptroller General of the United States shall complete an audit of the financial books and records of the Commission to determine that the limitation on expenses has been met, and shall submit a report on the audit to the President and Congress. SEC. 8. TERMINATION OF COMMISSION. The Commission shall cease to exist 30 days after the date on which the Commission submits the final report under section 4.

Emergency Malpractice Liability Insurance Commission (EMLIC) Act - Establishes the Emergency Malpractice Liability Insurance Commission to examine the causes of soaring medical malpractice premiums and propose a comprehensive strategy to alleviate the impact. Directs the Commission to investigate and determine whether a causal relationship exists between: (1) skyrocketing malpractice insurance premiums; (2) jury awards; (3) decreased accessibility and affordability of health care; and (4) an increase in the number of physicians moving, quitting, or retiring.

To establish an Emergency Malpractice Liability Insurance Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Safety Whistleblower Act''. SEC. 2. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND PROTECTIONS. (a) In General.--Subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 30172. Whistleblower incentives and protections ``(a) Definitions.--In this section: ``(1) Covered action.--The term `covered action' means any administrative or judicial action, including any related administrative or judicial action, brought by the Secretary or the Attorney General under this chapter that in the aggregate results in monetary sanctions exceeding $1,000,000. ``(2) Monetary sanctions.--The term `monetary sanctions' means monies, including penalties and interest, ordered or agreed to be paid. ``(3) Original information.--The term `original information' means information that-- ``(A) is derived from the independent knowledge or analysis of an individual; ``(B) is not known to the Secretary from any other source, unless the individual is the original source of the information; and ``(C) is not exclusively derived from an allegation made in a judicial or an administrative action, in a governmental report, a hearing, an audit, or an investigation, or from the news media, unless the individual is a source of the information. ``(4) Part supplier.--The term `part supplier' means a manufacturer of motor vehicle equipment. ``(5) Successful resolution.--The term `successful resolution' includes any settlement or adjudication of a covered action. ``(6) Whistleblower.--The term `whistleblower' means any employee or contractor of a motor vehicle manufacturer, part supplier, or dealership who voluntarily provides to the Secretary original information relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter which is likely to cause unreasonable risk of death or serious physical injury. ``(b) Awards.-- ``(1) In general.--If the original information that a whistleblower provided to the Secretary led to the successful resolution of a covered action, the Secretary, subject to subsection (c), may pay an award or awards to 1 or more whistleblowers in an aggregate amount of not more than 30 percent, in total, of collected monetary sanctions. ``(2) Payment of awards.--Any amount payable under paragraph (1) shall be paid from the monetary sanctions collected, and any monetary sanctions so collected shall be available for such payment. ``(c) Determination of Awards; Denial of Awards.-- ``(1) Determination of awards.-- ``(A) Discretion.--The determination of whether, to whom, or in what amount to make an award shall be in the discretion of the Secretary. ``(B) Criteria.--In determining an award made under subsection (b), the Secretary shall take into consideration-- ``(i) if appropriate, whether a whistleblower reported or attempted to report the information internally to an applicable motor vehicle manufacturer, part supplier, or dealership; ``(ii) the significance of the original information provided by the whistleblower to the successful resolution of the covered action; ``(iii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in the covered action; and ``(iv) such additional factors as the Secretary considers relevant. ``(2) Denial of awards.--No award under subsection (b) shall be made-- ``(A) to any whistleblower who is convicted of a criminal violation related to the covered action for which the whistleblower otherwise could receive an award under this section; ``(B) to any whistleblower who, acting without direction from an applicable motor vehicle manufacturer, part supplier, or dealership, or agent thereof, deliberately causes or substantially contributes to the alleged violation of a requirement of this chapter; ``(C) to any whistleblower who submits information to the Secretary that is based on the facts underlying the covered action submitted previously by another whistleblower; ``(D) to any whistleblower who fails to provide the original information to the Secretary in such form as the Secretary may require by regulation; or ``(E) to any whistleblower who fails to report or attempt to report the information internally to an applicable motor vehicle manufacturer, parts supplier, or dealership, unless-- ``(i) the whistleblower reasonably believed that such an internal report would have resulted in retaliation, notwithstanding section 30171(a); or ``(ii) the whistleblower reasonably believed that the information-- ``(I) was already internally reported; ``(II) was already subject to or part of an internal inquiry or investigation; or ``(III) was otherwise already known to the motor vehicle manufacturer, part supplier, or dealership. ``(d) Representation.--A whistleblower may be represented by counsel. ``(e) No Contract Necessary.--No contract with the Secretary is necessary for any whistleblower to receive an award under subsection (b). ``(f) Protection of Whistleblowers; Confidentiality.-- ``(1) In general.--Notwithstanding section 30167, and except as provided in paragraphs (4) and (5) of this subsection, the Secretary, and any officer or employee of the Department of Transportation, shall not disclose any information, including information provided by a whistleblower to the Secretary, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, unless-- ``(A) required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Secretary or any entity described in paragraph (5); ``(B) the whistleblower provides prior written consent for the information to be disclosed; or ``(C) the Secretary, or other officer or employee of the Department of Transportation, receives the information through another source, such as during an inspection or investigation under section 30166, and has authority under other law to release the information. ``(2) Redaction.--The Secretary, and any officer or employee of the Department of Transportation, shall take reasonable measures to not reveal the identity of the whistleblower when disclosing any information under paragraph (1). ``(3) Section 552(b)(3)(B).--For purposes of section 552 of title 5, paragraph (1) of this subsection shall be considered a statute described in subsection (b)(3)(B) of that section. ``(4) Effect.--Nothing in this subsection is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. ``(5) Availability to government agencies.-- ``(A) In general.--Without the loss of its status as confidential in the hands of the Secretary, all information referred to in paragraph (1) may, in the discretion of the Secretary, when determined by the Secretary to be necessary or appropriate to accomplish the purposes of this chapter and in accordance with subparagraph (B), be made available to the following: ``(i) The Department of Justice. ``(ii) An appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction. ``(B) Maintenance of information.--Each entity described in subparagraph (A) shall maintain information described in that subparagraph as confidential, in accordance with the requirements in paragraph (1). ``(g) Provision of False Information.--A whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18. ``(h) Appeals.-- ``(1) In general.--Any determination made under this section, including whether, to whom, or in what amount to make an award, shall be in the discretion of the Secretary. ``(2) Appeals.--Any determination made by the Secretary under this section may be appealed by a whistleblower to the appropriate court of appeals of the United States not later than 30 days after the determination is issued by the Secretary. ``(3) Review.--The court shall review the determination made by the Secretary in accordance with section 706 of title 5. ``(i) Regulations.--Not later than 18 months after the date of enactment of the Motor Vehicle Safety Whistleblower Act, the Secretary shall promulgate regulations on the requirements of this section, consistent with this section.''. (b) Rule of Construction.-- (1) Original information.--Information submitted to the Secretary of Transportation by a whistleblower in accordance with the requirements of section 30172 of title 49, United States Code, shall not lose its status as original information solely because the whistleblower submitted the information prior to the effective date of the regulations if that information was submitted after the date of enactment of this Act. (2) Awards.--A whistleblower may receive an award under section 30172 of title 49, United States Code, regardless of whether the violation underlying the covered action occurred prior to the date of enactment of this Act, and may receive an award prior to the Secretary of Transportation promulgating the regulations under section 30172(i) of that title. (c) Conforming Amendments.--The table of contents of subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``30172. Whistleblower incentives and protections.''. Passed the Senate April 28, 2015. Attest: JULIE E. ADAMS, Secretary.

Conscience Protection Act of 2016 (Sec. 3) This bill amends the Public Health Service Act to codify the prohibition against the federal government and state and local governments that receive federal financial assistance for health-related activities penalizing or discriminating against a health care provider based on the provider's refusal to be involved in, or provide coverage for, abortion. Health care providers include health care professionals, health care facilities, social services providers, health care professional training programs, and health insurers. The Office for Civil Rights of the Department of Health and Human Services, in coordination with the Department of Justice (DOJ), must investigate complaints alleging discrimination based on an individual's religious belief, moral conviction, or refusal to be involved in an abortion. DOJ or any entity adversely affected by such discrimination may obtain equitable or legal relief in a civil action. Administrative remedies do not need to be sought or exhausted prior to commencing an action or granting relief. Such an action may be brought against a governmental entity.

Conscience Protection Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expatriate Terrorist Act''. SEC. 2. LOSS OF NATIONALITY DUE TO SUPPORT OF TERRORISM. Section 349(a) of the Immigration and Nationality Act (8 U.S.C. 1481(a)) is amended to read as follows: ``(a) In General.--A person who is a national of the United States, whether by birth or by naturalization, shall lose his or her nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality: ``(1) Obtaining naturalization in a foreign state upon his or her own application or upon an application filed by a duly authorized agent, after having attained 18 years of age. ``(2) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state, a political subdivision thereof, or an organization designated as a foreign terrorist organization under section 219, after having attained 18 years of age. ``(3) Entering, or serving in, the armed forces of a foreign state or an organization designated as a foreign terrorist organization under section 219 if-- ``(A) such armed forces are engaged in hostilities against the United States; or ``(B) such person serves as a commissioned or noncommissioned officer. ``(4) Accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state, a political subdivision thereof, or an organization designated as a foreign terrorist organization under section 219 if, after having attained 18 years of age-- ``(A) the person knowingly has or acquires the nationality of such foreign state; or ``(B) an oath, affirmation, or declaration of allegiance to the foreign state, a political subdivision thereof, or a designated foreign terrorist organization is required for such office, post, or employment. ``(5) Making a formal renunciation of United States nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State. ``(6) Making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, while the United States is in a state of war and the Attorney General approves such renunciation as not contrary to the interests of national defense. ``(7)(A) Committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States; ``(B) violating or conspiring to violate any provision of section 2383 of title 18, United States Code; ``(C) willfully performing any act in violation of section 2385 of such title; or ``(D) violating section 2384 of such title by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against the United States, if such person is convicted of such crime by a court martial or by a court of competent jurisdiction. ``(8) Knowingly providing material support or resources (as described in section 2339A(b) of title 18, United States Code) to any organization designated as a foreign terrorist organization under section 219 if such person knows that such organization is engaged in hostilities against the United States.''. SEC. 3. REVOCATION OR DENIAL OF PASSPORTS AND PASSPORT CARDS TO INDIVIDUALS WHO ARE MEMBERS OF FOREIGN TERRORIST ORGANIZATIONS. The Act entitled ``An Act to regulate the issue and validity of passports, and for other purposes'', approved July 3, 1926 (22 U.S.C. 211a et seq.), which is commonly known as the ``Passport Act of 1926'', is amended by adding at the end the following: ``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT CARD. ``(a) Ineligibility.-- ``(1) Issuance.--The Secretary of State may not issue a passport or passport card to any individual whom the Secretary has determined, by a preponderance of the evidence-- ``(A) is serving in, or is attempting to serve in, an organization designated by the Secretary as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and ``(B) is a threat to the national security interest of the United States. ``(2) Revocation.--The Secretary of State shall revoke a passport or passport card previously issued to any individual described in paragraph (1). ``(b) Right of Review.--Any person who, in accordance with this section, is denied issuance of a passport or passport card by the Secretary of State, or whose passport or passport card is revoked or otherwise restricted by the Secretary of State, may request a due process hearing, under regulations prescribed by the Secretary, not later than 60 days after receiving such notice of such nonissuance, revocation, or restriction. ``(c) National Security Waiver.--Notwithstanding subsection (a), the Secretary may-- ``(1) issue a passport or passport card to an individual described in subsection (a)(1); or ``(2) refuse to revoke a passport or passport card of an individual described in subsection (a)(1), if the Secretary finds that such issuance or refusal to revoke is in the national security interest of the United States.''. SEC. 4. CONFORMING AMENDMENT. Section 351(b) of the Immigration and Nationality Act (8 U.S.C. 1483(b)) is amended by striking ``(3) and (5)'' and inserting ``(3), (5), and (8)''.

Expatriate Terrorist Act This bill amends the Immigration and Nationality Act to include among the grounds for loss of U.S. nationality by a native-born or naturalized citizen: taking an oath or making a declaration of allegiance to a foreign terrorist organization after attaining the age of 18; entering, or serving in, a foreign terrorist organization; accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state, a political subdivision, or a foreign terrorist organization after attaining the age of 18 if the person knowingly has or acquires the nationality of that foreign state, or if an oath, affirmation, or declaration of allegiance to the foreign state, political subdivision, or designated foreign terrorist organization is required for the office, post, or employment; and knowingly providing material support or resources to a foreign terrorist organization if the person knows that such organization is engaged in hostilities against the United States. The Passport Act of 1926 is amended to: prohibit the Department of State from issuing a passport or passport card to an individual who is serving in, or attempting to serve in, a foreign terrorist organization and is a threat to U.S. national security; and direct the State Department to revoke a passport or passport card previously issued to any such individual. A person who is denied issuance of a passport or passport card or whose passport or passport card is revoked or otherwise restricted may request a due process hearing not later than 60 days after receiving notice of the nonissuance, revocation, or restriction. The State Department may issue a passport or passport card to, or refuse to revoke a passport or passport card from, an individual if such issuance or refusal to revoke is in U.S. national security interests.

Expatriate Terrorist Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Asset Forfeiture Reform Act''. SEC. 2. LIMITATION OF CUSTOMS AND TAX EXEMPTION UNDER THE TORT CLAIMS PROCEDURES. Section 2680(c) of title 28, United States Code, is amended-- (1) by striking ``law-enforcement'' and inserting ``law enforcement''; and (2) by inserting before the period the following: ``, except that the provisions of this chapter and section 1346(b) of this title shall apply to any claim based on the negligent destruction, injury, or loss of goods or merchandise (including real property) while in the possession of any officer of customs or excise or any other law enforcement officer''. SEC. 3. LONGER PERIOD FOR FILING CLAIMS IN CERTAIN IN REM PROCEEDINGS. Paragraph (6) of Rule C of the Supplemental Rules for Certain Admiralty and Maritime Claims to the Federal Rules of Civil Procedure (28 U.S.C. Appendix) is amended by striking ``10 days'' and inserting ``30 days''. SEC. 4. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS. Section 615 of the Tariff Act of 1930 (19 U.S.C. 1615) is amended to read as follows: ``SEC. 615. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS. ``In-- ``(1) all suits or actions (other than those arising under section 592) brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of any law relating to the collection of duties on imports or tonnage; and ``(2) in all suits or actions brought for the recovery of the value of any vessel, vehicle, aircraft, merchandise, or baggage, because of violation of any such law; the burden of proof is on the United States Government to establish, by clear and convincing evidence, that the property was subject to forfeiture.''. SEC. 5. CLAIM AFTER SEIZURE. Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended to read as follows: ``SEC. 608. SEIZURE; CLAIMS; REPRESENTATION. ``(a) In General.--Any person claiming such vessel, vehicle, aircraft, merchandise, or baggage may at any time within 30 days from the date of the first publication of the notice of seizure file with the appropriate customs officer a claim stating his interest therein. Upon the filing of such claim, the customs officer shall transmit such claim, with a duplicate list and description of the articles seized, to the United States attorney for the district in which seizure was made, who shall proceed to a condemnation of the merchandise or other property in the manner prescribed by law. ``(b) Court-Appointed Representation.--If the person filing a claim under subsection (a), or a claim regarding seized property under any other provision of law that incorporates by reference the seizure, forfeiture, and condemnation procedures of the customs laws, is financially unable to obtain representation of counsel, the court may appoint appropriate counsel to represent that person with respect to the claim. The court shall set the compensation for that representation, which shall-- ``(1) be equivalent to that provided for court-appointed representation under section 3006A of title 18, United States Code, and ``(2) be paid from the Justice Assets Forfeiture Fund established under section 524 of title 28, United States Code.''. SEC. 6. RELEASE OF SEIZED PROPERTY FOR SUBSTANTIAL HARDSHIP. Section 614 of the Tariff Act of 1930 (19 U.S.C. 1614) is amended-- (1) by inserting before the first word in the section the following: ``(a) Release Upon Payment.--''; and (2) by adding at the end the following: ``(b) Release of Seized Property for Substantial Hardship.-- ``(1) Request for release.--A claimant is entitled to immediate release of seized property if continued possession by the United States Government would cause the claimant substantial hardship, such as preventing the functioning of a business, preventing an individual from working, or leaving an individual homeless. A claimant seeking release of property under this subsection must request possession of the property from the appropriate customs officer, and the request must set forth the basis therefor. If within 10 days after the date of the request the property has not been released, the claimant may file a complaint in any district court that would have jurisdiction of forfeiture proceedings relating to the property setting forth-- ``(A) the nature of the claim to the seized property; ``(B) the reason why the continued possession by the United States Government pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant; and ``(C) the steps the claimant has taken to secure release of the property from the appropriate customs officer. ``(2) Return of property.--If a complaint is filed under paragraph (1), the district court shall order that the property be returned to the claimant, pending completion of proceedings by the United States Government to obtain forfeiture of the property, if the claimant shows that-- ``(A) the claimant is likely to demonstrate a possessory interest in the seized property; and ``(B) continued possession by the United States Government of the seized property is likely to cause substantial hardship to the claimant. The court may place such conditions on release of the property as it finds are appropriate to preserve the availability of the property or its equivalent for forfeiture. ``(3) Time for decision.--The district court shall render a decision on a complaint filed under paragraph (2) no later than 30 days after the date of the filing, unless such 30-day limitation is extended by consent of the parties or by the court for good cause shown.''. SEC. 7. JUSTICE ASSETS FORFEITURE FUND. Section 524(c) of title 28, United States Code, is amended-- (1) by striking out ``law enforcement purposes--'' in the matter preceding subparagraph (A) in paragraph (1) and inserting ``purposes--''; (2) by redesignating the final 3 subparagraphs in paragraph (1) as subparagraphs (I), (J), and (K), respectively; (3) by inserting after subparagraph (G) of paragraph (1) the following new subparagraph: ``(H) payment of court-awarded compensation for representation of claimants pursuant to section 608(b) of the Tariff Act of 1930;''; and (4) by striking out ``(H)'' in subparagraph (A) of paragraph (9) and inserting ``(I)''. SEC. 8. CLARIFICATION REGARDING FORFEITURES UNDER THE CONTROLLED SUBSTANCES ACT. (a) In General.--Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)) is amended-- (1) in paragraph (4)(C), by striking ``without the knowledge, consent, or willful blindness of the owner.'' and inserting ``either without the knowledge of that owner or without the consent of that owner.'' (2) in each of paragraphs (6) and (7), by striking ``without the knowledge or consent of that owner.'' and inserting ``either without the knowledge of that owner or without the consent of that owner.''. (b) Special Rule.-- (1) Generally.--Section 511 of the Controlled Substances Act (21 U.S.C. 881) is amended by adding at the end the following: ``(l) For the purposes of this section, property shall not be considered to have been used for a proscribed use without the knowledge or without the consent of the owner of an interest in that property, if that owner was wilfully blind to, or has failed to take reasonable steps to prevent, the proscribed use.''. (2) Conforming technical amendment.--The subsection (l) of section 511 that relates to an agreement between the Attorney General and the Postal Service is redesignated as subsection (k). SEC. 9. APPLICABILITY. The amendments made by this Act apply with respect to claims, suits, and actions filed on or after the date of the enactment of this Act.

Civil Asset Forfeiture Reform Act - Amends the Federal judicial code to exclude from the customs and tax exemption under tort claims procedures any claim based on the negligent destruction, injury, or loss of goods or merchandise (including real property) while in the possession of any customs or other law enforcement officer. Extends the period for filing claims in certain in rem proceedings. Amends the Tariff Act of 1930 to provide that: (1) in all suits or actions brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of any law relating to the collection of duties on imports or tonnage, with exceptions, and for the recovery of the value of any forfeited property because of violation of any such law, the burden of proof is on the Government to establish by clear and convincing evidence that the property was subject to forfeiture; (2) any person claiming such property may at any time within 30 days from the date of the first publication of the notice of seizure file a claim with the appropriate customs officer, who shall transmit such claim to the U.S. attorney for the district in which seizure was made; and (3) if the person filing such claim (or a claim regarding seized property under any other provision of law that incorporates by reference the seizure, forfeiture, and condemnation procedures of the customs laws) is financially unable to obtain representation, the court may appoint counsel, subject to specified requirements. Specifies that a claimant is entitled to immediate release of seized property if continued possession by the Government would cause the claimant substantial hardship, such as preventing the functioning of a business, preventing an individual from working, or leaving an individual homeless. Sets forth procedures regarding the request for release, return of property, and time for decision by the court on a complaint for such return. Makes sums in the Department of Justice Assets Forfeiture Fund available for the payment of court-awarded compensation for representation of claimants under the Tariff Act, with respect to seizure claims by individuals financially unable to obtain representation of counsel. Amends the Controlled Substances Act to provide that no conveyance shall be forfeited to the extent of an interest of an owner by reason of any act or omission established by that owner to have been committed or omitted either without the knowledge or without the consent of that owner. Specifies that property shall not be considered to have been used for a proscribed use without the knowledge or consent of the owner of an interest in that property if that owner was wilfully blind to, or has failed to take reasonable steps to prevent, the proscribed use.

Civil Asset Forfeiture Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Obesity in Schools Act of 2006''. SEC. 2. FINDINGS. The Congress finds as follows: (1) It is estimated that 64.5 percent (119,000,000) of American adults and 15 percent (9,000,000) of American children are overweight or obese. (2) The prevalence of obesity among children aged 6 to 11 more than doubled in the past 20 years, going from 7 percent in 1980 to 18.8 percent in 2004. The rate among adolescents aged 12 to 19 more than tripled, increasing from 5 percent to 17.1 percent. (3) An estimated 61 percent of overweight young people have at least 1 additional risk factor for heart disease, such as high cholesterol or high blood pressure. In addition, children who are overweight are at greater risk for bone and joint problems, sleep apnea, and social and psychological problems such as stigmatization and poor self-esteem. (4) According to the Department of Health and Human Services, obesity-related illnesses cost this nation approximately $117,000,000,000 per year in increased health care costs. This includes $61,000,000,000 in direct medical costs for treatment of related diseases and $56,000,000,000 in indirect costs such as lost productivity. (5) A report released by Trust for America's Health, entitled ``F as in Fat: How Obesity Policies are Failing in America'', found that the United States does not have an aggressive, coordinated national strategy needed to address this crisis. SEC. 3. NATIONAL STRATEGY TO REDUCE CHILDHOOD OBESITY. The Secretary of Health and Human Services, in cooperation with State and local governments, Federal agencies, local educational agencies, health care providers, the research community, and the private sector, shall develop a national strategy to reduce childhood obesity in the United States. Such strategy shall-- (1) provide for the reduction of childhood obesity rates by 10 percent by the year 2010; (2) address both short- and long-term solutions to reducing the rates of childhood obesity in the United States; (3) identify how the Federal Government can work effectively with State and local governments, local educational agencies, health care providers, the research community, the private sector, and other entities as necessary to implement the strategy; and (4) include measures to identify and overcome all obstacles to achieving the goal of reducing childhood obesity in the United States. SEC. 4. GRANTS TO LOCAL EDUCATIONAL AGENCIES TO ADOPT WELLNESS POLICIES AND ANTI-OBESITY INITIATIVES. (a) Grants.--The Director of the Centers for Disease Control and Prevention shall make grants to local educational agencies to reduce childhood obesity by adopting wellness policies and anti-obesity initiatives. (b) Use of Funds.--As a condition on the receipt of a grant under this section, a local educational agency shall agree to use the grant to reduce childhood obesity by adopting wellness policies and anti- obesity initiatives, which may include one or more of the following: (1) Strategies to improve the nutritional value of food served on school campuses. (2) Innovative ways to incorporate nutrition education into the curriculum from prekindergarten through grade 12. (3) Increased physical activity in during-and-after-school activities. (4) Any other measure that, in the determination of the Director, may provide a significant improvement in the health and wellness of children. (c) Cost Sharing.--As a condition on the receipt of a grant under this section, a local educational agency shall agree to pay, from funds derived from non-Federal sources, not less than 25 percent of the costs of the activities carried out with the grant. (d) Application.--To seek a grant under this section, a local educational agency shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. (e) Annual Accountability Report.--As a condition on the receipt of a grant under this section, a local educational agency shall agree to submit an annual accountability report to the Director. Each such report shall include a description of the degree to which the agency, in using grant funds, has made progress in reducing childhood obesity. (f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $20,000,000 for each of fiscal years 2007 through 2010. SEC. 5. EVALUATION OF PROGRAMS FOR THE PREVENTION OF OBESITY IN CHILDREN AND ADOLESCENTS. (a) In General.--For the purpose described in subsection (b), the Director shall (directly or through grants or contracts awarded to public or nonprofit private entities) arrange for the evaluation of a wide variety of existing programs designed in whole or in part to prevent obesity in children and adolescents, including programs that do not receive grants from the Federal Government for operation. (b) Purpose.--The purpose of the evaluation under this section shall be to determine the following: (1) The effectiveness of programs in reducing obesity in children and adolescents. (2) The factors contributing to the effectiveness of the programs. (3) The feasibility of replicating the programs in other locations. (c) Report.--Not later than 18 months after the date of the enactment of this Act, the Director shall submit a report to the Congress on the results of the evaluation under this section. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2007 through 2010. SEC. 6. HEALTHY LIVING AND WELLNESS COORDINATING COUNCILS. (a) Grants.--The Director shall make grants on a competitive basis to State governments, local governments, and consortia of local governments to reduce childhood obesity through-- (1) establishing or expanding healthy living and wellness coordinating councils; and (2) supporting regional workshops. (b) Uses of Funds.--As a condition on the receipt of a grant under this section, an entity shall agree to use the grant to carry out one or more of the following: (1) Establishing a healthy living and wellness coordinating council. (2) Expanding the activities of a healthy living and wellness coordinating council, including by implementing State- based or region-wide activities that will reduce the rates of childhood obesity. (3) Supporting regional workshops designed to permit educators, administrators, health care providers, and other relevant parties to share successful research-based strategies for increasing healthy living and reducing obesity in elementary and secondary schools. (c) Council Requirements.--In this section, the term ``healthy living and wellness coordinating council'' means an organization that-- (1) is charged by a State government, a local government, or a consortium of local governments, as applicable, to increase healthy living and reduce obesity in elementary and secondary schools; and (2) is composed of educators, administrators, health care providers, and other relevant parties. (d) Cost Sharing.--As a condition on the receipt of a grant under this section, an entity shall agree to pay, from funds derived from non-Federal sources, not less than 25 percent of the costs of the activities carried out with the grant. (e) Annual Accountability Report.--As a condition on the receipt of a grant under this section, an entity shall agree to submit an annual accountability report to the Director. Each such report shall include a description of the degree to which the entity, in using grant funds, has made progress in increasing healthy living and reducing obesity in elementary and secondary schools. (f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2007 through 2010. SEC. 7. DEFINITIONS. In this Act: (1) The term ``Director'' means the Director of the Centers for Disease Control and Prevention. (2) The term ``local educational agency'' has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

Stop Obesity in Schools Act of 2006 - Requires the Secretary of Health and Human Services to develop a national strategy to reduce childhood obesity that: (1) provides for the reduction of childhood obesity rates by 10% by the year 2010; (2) addresses solutions to reducing the rates of childhood obesity; (3) identifies how the federal government can work effectively with entities to implement the strategy; and (4) includes measures to identify and overcome all obstacles to achieving the goal of reducing childhood obesity. Requires the Director of the Centers for Disease Control and Prevention to: (1) make grants to local educational agencies to reduce childhood obesity by adopting wellness policies and anti-obesity initiatives; (2) arrange for the evaluation of a wide variety of existing programs designed to prevent obesity in children and adolescents in order to identify factors contributing to program effectiveness; and (3) make grants on a competitive basis to state governments, local governments, and consortia of local governments to reduce childhood obesity through establishing or expanding healthy living and wellness coordinating councils and supporting regional workshops.

To reduce childhood obesity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saint Francis Dam Disaster National Memorial Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On March 12, 1928, the Saint Francis Dam located in the northern portion of Los Angeles County, California, breached, resulting in a devastating flood that caused the death of approximately 425 individuals. (2) The residents of Santa Clarita Valley, San Francisquito Canyon, Castaic Junction, Santa Clara River Valley, Piru, Fillmore, Bardsdale, Saticoy, and Santa Paula were directly impacted and suffered greatly from the worst flood in the history of the State of California. (3) The disaster resulted in a tremendous loss of human life, property, and the livelihood of local residents, and was surpassed in the level of destruction in the 20th century only by the great San Francisco earthquake of 1906. (4) The collapse of the dam may represent America's worst civil engineering failure in the 20th century. (5) The site of the disaster is subject to the theft of historic artifacts, graffiti, and other vandalism. (6) It is right to pay homage to the citizens who were killed, injured, or dislocated due to the flood, and to educate the public about this important historical event. (7) It is appropriate that the site of the Saint Francis Dam and surrounding areas be specially designated and protected to commemorate this tragic event. SEC. 3. SAINT FRANCIS DAM DISASTER NATIONAL MEMORIAL. (a) Establishment.--The Secretary is authorized to establish a memorial at the Saint Francis Dam site in the County of Los Angeles, California, for the purpose of honoring the victims of the Saint Francis Dam disaster of March 12, 1928. (b) Requirements.--The Memorial shall be-- (1) known as the Saint Francis Dam Disaster National Memorial; and (2) managed by the Forest Service. (c) Donations.--The Secretary is authorized to accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Secretary for purposes of developing, designing, constructing, and managing the Memorial. SEC. 4. RECOMMENDATIONS FOR MEMORIAL. (a) In General.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to Congress recommendations regarding-- (1) the planning, design, construction, and long-term management of the Memorial; (2) the proposed boundaries of the Memorial; (3) a visitor center and educational facilities at the Memorial; and (4) ensuring public access to the Memorial. (b) Consultation.--In preparing the recommendations required under subsection (a), the Secretary shall consult with-- (1) appropriate Federal agencies; (2) State, tribal, and local governments, including the Santa Clarita City Council; and (3) the public. SEC. 5. ESTABLISHMENT OF SAINT FRANCIS DAM DISASTER NATIONAL MONUMENT. (a) Establishment.--There is established as a national monument in the State, certain National Forest System land administered by the Secretary in the County of Los Angeles comprising approximately 440 acres, as generally depicted on the map entitled ``Proposed Saint Francis Dam Disaster National Monument'', created on June 14, 2016, to be known as the Saint Francis Dam Disaster National Monument. (b) Purpose.--The purpose of the Monument is to conserve and enhance for the benefit and enjoyment of the public the cultural, archaeological, historical, watershed, educational, and recreational resources and values of the Monument. SEC. 6. DUTIES OF THE SECRETARY WITH RESPECT TO MONUMENT. (a) Management Plan.-- (1) In general.--Not later than 4 years after the date of the enactment of this Act, the Secretary shall develop a management plan for the Monument. (2) Consultation.--The management plan shall be developed in consultation with-- (A) appropriate Federal agencies; (B) State, tribal, and local governments; and (C) the public. (3) Considerations.--In developing and implementing the management plan, the Secretary shall, with respect to methods of protecting and providing access to the Monument, consider the recommendations of the Saint Francis Disaster National Memorial Foundation, the Santa Clarita Valley Historical Society, and the Community Hiking Club of Santa Clarita. (b) Management.--The Secretary shall manage the Monument-- (1) in a manner that conserves and enhances the cultural and historic resources of the Monument; and (2) in accordance with-- (A) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) and the laws generally applicable to the National Forest System; (B) this Act; and (C) any other applicable laws. (c) Uses.-- (1) Use of motorized vehicles.--The use of motorized vehicles within the Monument may be permitted only-- (A) on roads designated for use by motorized vehicles in the management plan required under subsection (a); (B) for administrative purposes; or (C) for emergency responses. (2) Grazing.--The Secretary shall permit grazing within the Monument, where established before the date of the enactment of this Act-- (A) subject to all applicable laws (including regulations and Executive orders); and (B) consistent with the purpose described in section 5(b). SEC. 7. CLARIFICATION ON FUNDING. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. SEC. 8. DEFINITIONS. In this Act: (1) Memorial.--The term ``Memorial'' means the Saint Frances Dam Disaster National Memorial authorized under section 3(a). (2) Monument.--The term ``Monument'' means the Saint Francis Dam Disaster National Monument established under section 5(a). (3) State.--The term ``State'' means the State of California. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. Passed the House of Representatives July 5, 2016. Attest: KAREN L. HAAS, Clerk.

Saint Francis Dam Disaster National Memorial Act (Sec. 3) This bill authorizes the Department of Agriculture (USDA) to establish the Saint Francis Dam Disaster National Memorial at the Dam site in Los Angeles County, California, to honor the victims of the Saint Francis Dam disaster of March 12, 1928. The Memorial shall be managed by the Forest Service. (Sec. 4) USDA shall submit to Congress, by three years after this bill's enactment, recommendations regarding: the planning, design, construction, and long-term management of the Memorial; the proposed boundaries; a visitor center and educational facilities; and ensuring public access to the Memorial. (Sec. 5) The bill establishes the Saint Francis Dam Disaster National Monument on specified National Forest System land administered by USDA in Los Angeles County for the purpose of conserving and enhancing the cultural, archaeological, historical, watershed, educational, and recreational resources and values of the Monument. (Sec. 6) USDA shall develop a management plan for the Monument by four years after this bill's enactment. USDA shall manage the Monument: (1) in a manner that conserves and enhances its cultural and historic resources, and (2) in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974. The bill limits the use of motorized vehicles but permits grazing within the Monument. (Sec. 7) No additional funds are authorized to carry out this bill's requirements.

Saint Francis Dam Disaster National Memorial Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make College Affordable Act of 2011''. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.--Section 221 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 221. HIGHER EDUCATION EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the sum of-- ``(1) the qualified higher education expenses, plus ``(2) interest on qualified education loans, paid by the taxpayer during the taxable year. ``(b) Qualified Higher Education Expenses.--For purposes of this section-- ``(1) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means-- ``(i) tuition and fees charged by an educational institution and required for the enrollment or attendance of-- ``(I) the taxpayer, ``(II) the taxpayer's spouse, ``(III) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, or ``(IV) any grandchild of the taxpayer, as an eligible student at an institution of higher education, and ``(ii) reasonable living expenses for such an individual while away from home and attending such institution. ``(B) Eligible courses.--Amounts paid for qualified higher education expenses of any individual shall be taken into account under subsection (a) only to the extent such expenses-- ``(i) are attributable to courses of instruction for which credit is allowed toward a baccalaureate degree by an institution of higher education or toward a certificate of required course work at a vocational school, and ``(ii) are not attributable to any graduate program of such individual. ``(C) Eligible student.--For purposes of subparagraph (A), the term `eligible student' means a student who-- ``(i) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(ii) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education. ``(2) Institution of higher education.--The term `institution of higher education' is as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(c) Qualified Education Loan.--For purposes of this section-- ``(1) In general.--The term `qualified education loan' means a loan which is-- ``(A) made, insured, or guaranteed by the Federal Government, ``(B) made by a State or a political subdivision of a State, ``(C) made from the proceeds of a qualified student loan bond under section 144(b), or ``(D) made by an institution of higher education. ``(2) Limitation.--The amount of interest on a qualified education loan which is taken into account under subsection (a)(2) shall not exceed the amount which bears the same ratio to such amount of interest as-- ``(A) the proceeds from such loan used for qualified higher education expenses, bears to ``(B) the total proceeds from such loan. For purposes of the preceding sentence, the term `qualified higher education expenses' shall be determined without regard to subsection (c)(1)(A)(i)(IV). ``(d) Special Rules.-- ``(1) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for any expense for which a deduction is allowable to the taxpayer under any other provision of this chapter unless the taxpayer irrevocably waives his right to the deduction of such expense under such other provision. ``(B) Denial of deduction if credit elected.--No deduction shall be allowed under subsection (a) for a taxable year with respect to the qualified higher education expenses of an individual if the taxpayer elects to have section 25A apply with respect to such individual for such year. ``(C) Dependents.--No deduction shall be allowed under subsection (a) to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(D) Coordination with exclusions.--A deduction shall be allowed under subsection (a) for qualified higher education expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 or 530(d)(2) for the taxable year. ``(2) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a) for qualified higher education expenses for any taxable year only to the extent such expenses are in connection with enrollment at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified higher education expenses paid during a taxable year if such expenses are in connection with an academic term beginning during such taxable year or during the first 3 months of the next taxable year. ``(3) Adjustment for certain scholarships and veterans benefits.--The amount of qualified higher education expenses otherwise taken into account under subsection (a) or (d)(2) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to enrollment at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(5) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(6) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Paragraph (17) of section 62(a) of such Code is amended to read as follows: ``(17) Higher education expenses.--The deduction allowed by section 221.''. (c) Conforming Amendments.-- (1) Part VII of subchapter B of chapter 1 of such Code is amended-- (A) by striking section 222, and (B) in the table of sections for such part by striking the item relating to section 222. (2) Section 62(a) of such Code is amended by striking paragraph (18) and redesignating paragraphs (19) through (21) as paragraphs (18) through (20), respectively. (3) The following sections of such Code are each amended by striking ``222,'': sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A), 199(d)(2)(A), and 219(g)(3)(A)(ii). (4) Section 469(i)(3)(F)(iii) of such Code is amended by striking ``221, and 222'' and inserting ``and 221''. (5) Section 6050S(e) of such Code is amended by striking ``section 221(d)(1)'' and inserting ``section 221(c)(1)''. (6) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 221 and inserting the following new item: ``Sec. 221. Higher education expenses.''. (d) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 2010.

Make College Affordable Act of 2011- Amends the Internal Revenue Code to allow individual taxpayers a deduction from gross income for higher education expenses, including tuition and fees and reasonable living expenses while attending an institution of higher education, and for interest on certain education loans paid for the taxpayer, the taxpayer's spouse, dependent, or grandchild.

To amend the Internal Revenue Code of 1986 to make higher education more affordable by providing a full tax deduction for higher education expenses and interest on student loans.

SECTION 1. DEDUCTION FOR HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS OF INDIVIDUALS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the sum of the amount paid during the taxable year for-- ``(1) insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents, plus ``(2) unreimbursed prescription drug expenses paid by the taxpayer for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitations and Special Rules.-- ``(1) Employer contributions to cafeteria plans, flexible spending arrangements, and medical savings accounts.--Employer contributions to a cafeteria plan, a flexible spending or similar arrangement, or a medical savings account which are excluded from gross income under section 106 shall be treated for purposes of subsection (a) as paid by the employer. ``(2) Deduction not available for payment of ancillary coverage premiums.--Any amount paid as a premium for insurance which provides for-- ``(A) coverage for accidents, disability, dental care, vision care, or a specified illness, or ``(B) making payments of a fixed amount per day (or other period) by reason of being hospitalized, shall not be taken into account under subsection (a). ``(3) Coordination with deduction for health insurance and prescription drug costs of self-employed individuals.--The amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. ``(4) Coordination with medical expense deduction.--The amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213. ``(c) Definitions.--For purposes of this section-- ``(1) Medical care.-- ``(A) In general.--The term `medical care' has the meaning given such term by section 213(d) without regard to-- ``(i) paragraph (1)(C) thereof, and ``(ii) so much of paragraph (1)(D) thereof as relates to qualified long-term care insurance contracts. ``(B) Exclusion of certain other contracts.--The term `medical care' shall not include insurance if a substantial portion of its benefits are excepted benefits (as defined in section 9832(c)). ``(2) Unreimbursed prescription drug expenses.--The term `unreimbursed prescription drug expenses' means amounts paid or incurred for a prescribed drug (as defined by section 213(d)(3)) the cost of which to the taxpayer is not reimbursed by insurance or otherwise. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new item: ``(18) Health insurance and prescription drug costs.--The deduction allowed by section 222.''. (c) Clerical Amendments.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Health insurance and prescription drug costs. ``Sec. 223. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 2. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS OF SELF-EMPLOYED INDIVIDUALS. (a) In General.--Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 (relating to general rule for allowance of deduction for health insurance costs of self-employed individuals) is amended to read as follows: ``(1) Allowance of deduction.--In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the sum of-- ``(A) 100 percent of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents, plus ``(B) unreimbursed prescription drug expenses (within the meaning of section 222(c)(2)) paid during the taxable year by the taxpayer for the taxpayer and the taxpayer's spouse and dependents.''. (b) Clarification of Limitations on Other Coverage.--The first sentence of section 162(l)(2)(B) of such Code is amended to read as follows: ``Paragraph (1) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any subsidized health plan maintained by any employer (other than an employer described in section 401(c)(4)) of the taxpayer or the spouse of the taxpayer.''. (c) Clerical Amendment.--The heading for section 162(l) of such Code is amended by inserting ``and Prescription Drug'' after ``Insurance''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Amends the Internal Revenue Code to allow as a deduction, subject to limitations, an amount equal to the sum of the amount paid during the taxable year for: (1) insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents; plus (2) unreimbursed prescription drug expenses paid by the taxpayer for the taxpayer and the taxpayer's spouse and dependents.

To amend the Internal Revenue Code of 1986 to allow a deduction for amounts paid for health insurance and prescription drug costs of individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping America's Food Safe Act of 2009''. SEC. 2. CERTIFICATION OF PRIVATE LABORATORIES AND SAMPLING SERVICES. (a) Amendment.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following: ``SEC. 418. FOOD SAFETY LABORATORIES AND SAMPLING SERVICES. ``(a) Definitions.--In this section: ``(1) Food safety laboratory.--The term `food safety laboratory' means an establishment that analyzes or tests samples of imported food to ensure the safety of such food. ``(2) Sampling service.--The term `sampling service' means an establishment that collects samples of an imported food. ``(b) Certification Requirement.-- ``(1) In general.--Any entity that is a food safety laboratory or a sampling service shall submit to the Secretary an application for certification. Upon review, the Secretary may grant or deny certification to the food safety laboratory or sampling service. ``(2) Certification standards.--The Secretary shall establish criteria and methodologies for the evaluation of an application for certification submitted under paragraph (1). Such criteria shall include the requirements that a food safety laboratory or sampling service-- ``(A) be accredited as being in compliance with standards set by the International Organization for Standardization; ``(B) agree to permit the Secretary to conduct an inspection of the facilities of the food safety laboratory or sampling service and the procedures of such facilities before making a certification determination; ``(C) agree to permit the Secretary to conduct routine audits of the facilities to ensure ongoing compliance with accreditation and certification requirements; ``(D) submit with such application a fee established by the Secretary in an amount sufficient to cover the cost of application review, including inspection; and ``(E) agree to submit to the Secretary, in accordance with the process established, the results of tests conducted by such food safety laboratory or sampling service on behalf of an importer. ``(c) Submission of Test Results.--The Secretary shall establish a process by which a food safety laboratory or sampling service certified under this section shall submit to the Secretary the results of all tests conducted by such food safety laboratory or sampling service on behalf of an importer. ``(d) Certification of Importers for Testing and Sampling Own Products.--An importer shall not be federally certified for the purposes of analyzing, testing, or sampling its own food products for import unless the Secretary establishes a process under this section by which an importer can become certified for such purposes.''. (b) Enforcement.--Section 303(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)) is amended-- (1) by redesignating paragraphs (5), (6), and (7) as paragraphs (7), (8), and (9), respectively; (2) by inserting after paragraph (4) the following: ``(5) An importer (as such term is used in section 418) shall be subject to a civil penalty in an amount not to exceed $1,000,000 if such importer knowingly engages in the falsification of test results submitted to the Secretary by a food safety laboratory or sampling service certified under section 418. ``(6) A food safety laboratory or sampling service certified under section 418 shall be subject to a civil penalty in an amount not to exceed $1,000,000 for knowingly submitting to the Secretary false test results under section 418.''. (3) in paragraph (2)(C), by striking ``paragraph (5)(A)'' and inserting ``paragraph (7)(A)''; (4) in paragraph (7), as so redesignated, by striking ``paragraph (1), (2), (3), or (4)'' each place it appears and inserting ``paragraph (1), (2), (3), (4), (5), or (6)''; (5) in paragraph (8), as so redesignated, by striking ``paragraph (5)(A)'' and inserting ``paragraph (7)(A)''; and (6) in paragraph (9), by striking ``paragraph (6)'' each place it appears and inserting ``paragraph (8)''. SEC. 3. FOREIGN CERTIFICATION AND EQUIVALENCY. (a) Amendment.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end the following: ``SEC. 805. CERTIFICATION OF FOOD IMPORTERS. ``(a) In General.--Not later than 2 years after the date of enactment of this section, the Secretary shall establish a certification program in accordance with this section to ensure that food imported into the United States meets the food safety standards applied to food produced in the United States. ``(b) Certification Standard.--A foreign facility or foreign country requesting a certification to import food to the United States shall demonstrate, in a manner determined appropriate by the Secretary, that food produced under the supervision of the foreign facility or foreign country has met standards for food safety, inspection, labeling, and consumer protection that are at least equivalent to standards applicable to food produced in the United States. In determining whether standards are so equivalent, the Secretary shall consider-- ``(1) the potential for health, sanitary, environmental, or other conditions within the foreign country involved to adversely affect the safety of food products exported from such nation; and ``(2) how well the food safety programs of the foreign country function to minimize any adverse effects on such safety. ``(c) Requirement of Certification for Importing.-- ``(1) In general.--Except as provided in paragraph (2), no food shall be permitted entry into the United States from a foreign facility in a foreign country unless there is-- ``(A) a certification for such facility in effect under subsection (d)(1); or ``(B) a certification for such country in effect under subsection (d)(2). ``(2) Equivalency determination by secretary.--Paragraph (1) does not apply if the Secretary determines that the certification process described in subsection (d) is not needed for the Secretary's evaluation of whether the facility's or country's standards for food safety, inspection, labeling, and consumer protection are at least equivalent to standards applicable to food produced in the United States. ``(d) Certification.-- ``(1) Foreign facility.--Each foreign facility seeking to import food into the United States may obtain a certification by the Secretary stating that the facility maintains a program using reliable analytical methods to ensure compliance with all the food safety standards described in subsection (a) to import such food. ``(2) Foreign country.--A foreign country may obtain a certification by the Secretary stating that-- ``(A) the country has in effect and is enforcing food safety standards at least as protective of food safety as the standards applicable to food in the United States; and ``(B) the country has a program in effect to monitor and enforce its food safety standards with respect to food being exported from such country to the United States, ensuring that the food products intended for export to the United States are safe for human consumption, and not adulterated or misbranded. ``(e) Agreements With Foreign Nations.--Any certification of a foreign country under subsection (d)(2) shall-- ``(1) require the foreign country to promptly notify the Secretary of any violations affecting the safety of food products exported or intended for export to the United States; ``(2) provide for such activities (whether in the foreign country or at the port of entry during importation) by the Secretary, including analysis, testing, and sampling, at such stages in the growth or harvest of food, or in the processing or handling of food products, as the Secretary considers appropriate to ensure that the foreign country has in effect and is enforcing food safety standards at least as protective of food safety as the standards applicable to food in the United States; and ``(3) provide for reciprocity with respect to the treatment of food imports and exports between the United States and the foreign country. ``(f) Documentation.--The Secretary shall provide to the Congress annual documentation demonstrating the Secretary's confidence in the standards of any foreign facility or country for which the Secretary has made a determination under paragraph (2) of subsection (c). ``(g) Revocation of Certification.--The Secretary may, with respect to a foreign facility or foreign country, revoke a certification under subsection (d) if-- ``(1) food from the foreign facility or foreign country is linked to an outbreak of human illness; ``(2) the Secretary determines that the foreign facility or foreign country is no longer meeting the requirements described in subsection (d); or ``(3) United States officials are not allowed to conduct such audits and investigations as may be necessary to carry out this section. ``(h) Duration of Certification.--Each certification under subsection (d) shall be for a period of not more than 5 years. ``(i) Inspection; Independent Audits.-- ``(1) Authorization.--In determining whether to issue a certification under subsection (d) or revoke a certification under subsection (g), the Secretary is authorized to-- ``(A) inspect foreign facilities to ensure compliance with the food safety standards described in subsection (a); and ``(B) consider independent audits, product test data, and other relevant information generated by the facility, importer, or foreign country involved. ``(2) Renewal of certification.--The Secretary shall audit foreign countries and foreign facilities at least every 5 years to ensure the continued compliance with the standards set forth in this section. ``(j) Enforcement.--The Secretary is authorized to-- ``(1) deny importation of food from any foreign country that does not permit United States officials to enter the foreign country to conduct such audits and inspections as may be necessary to fulfill the requirements of this section; ``(2) deny importation of food from any foreign country or foreign facility that does not consent to an investigation by the Secretary when food from that foreign country or foreign facility is linked to a food-borne illness outbreak or is otherwise found to be adulterated or mislabeled; and ``(3) promulgate rules and regulations to carry out the purposes of this section, including setting terms and conditions for the destruction of products that fail to meet the standards of this Act. ``(k) Foreign Facility.--In this section, the term `foreign facility' means a foreign facility (as defined in section 415(b)(3)) that is required to be registered under section 415.''. (b) Transitional Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to establish a transitional food safety import review program, with minimal disruption to commerce, that shall be in effect until the date of implementation of the food import certification program under section 805 of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a) of this section. SEC. 4. INFORMATION CLEARINGHOUSES. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), as amended by section 2 of this Act, is amended by adding at the end the following: ``SEC. 419. INFORMATION CLEARINGHOUSES. ``(a) Website on Food Safety Issues.-- ``(1) In general.--The Secretary, in consultation with the Secretary of Agriculture, shall develop and maintain a Website with public information that-- ``(A) provides information on Federal food standards and best practice requirements for food preparation; ``(B) assists health professionals to improve their ability-- ``(i) to diagnose and treat food-related illness; and ``(ii) to advise individuals whose health conditions place them at particular risk; and ``(C) promotes the public awareness of food safety issues. ``(2) Resources.--The Secretary shall utilize the resources of the Food and Drug Administration and the Centers for Disease Control and Prevention to carry out this subsection. ``(b) Website on School Curricula Regarding Food Safety.--The Secretary, in consultation with the Secretary of Education, shall develop and maintain a Website to provide the public with appropriate information on developing school curriculum regarding food safety issues.''. SEC. 5. WHISTLEBLOWER PROTECTION. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), as amended by sections 2 and 4 of this Act, is amended by adding at the end the following: ``SEC. 420. WHISTLEBLOWER PROTECTION. ``(a) Prohibition.--No employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way because that person-- ``(1) has commenced, caused to be commenced, or is about to commence a proceeding, testified or is about to testify at a proceeding, or assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes, functions, or responsibilities of this Act; or ``(2) is refusing to violate or assist in violation of this Act. ``(b) Procedures.--The process and procedures with respect to prohibited discrimination under subsection (a) shall be governed by the applicable provisions of section 31105 of title 49, United States Code, unless the party bringing an action under this subsection chooses alternative dispute resolution procedures such as mediation or arbitration. ``(c) Burdens of Proof.--The legal burdens of proof with respect to prohibited discrimination under subsection (a) shall be governed by the applicable provisions of sections 1214 and 1221 of title 5, United States Code.''. SEC. 6. REPORTABLE FOOD REGISTRY. (a) Responsible Parties.--Paragraph (1) of section 417(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350f(a)) is amended to read as follows: ``(1) Responsible party.--The term `responsible party', with respect to an article of food, means a person that-- ``(A) submits the registration under section 415(a) for a food facility that is required to register under section 415(a), at which such article of food is manufactured, processed, packed, or held; or ``(B) is an establishment that analyzes or tests samples of food for consumption in the United States to ensure the safety of such food.''. (b) Individual Analysis or Test.--Subsection (d) of section 417 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350f(d)) is amended by adding at the end the following: ``(9) Individual analysis or test.--If any individual analysis or test of an article of food by a responsible party produces a result suggesting that the article is reportable food, the responsible party shall send a notice within 24 hours to the Food and Drug Administration containing the results of such analysis or test for review consistent with subsection (b)(2), irrespective of whether the party subsequently determines, based on additional analysis or testing or other factors, that such article is not reportable food.''. (c) Conforming Amendments.--Section 417 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350f) is amended-- (1) in subsection (e)(1), by striking ``The registration'' and inserting ``In the case of a responsible party described in subsection (a)(1)(A), the registration''; and (2) in subsection (f)(2)(A), by striking ``not required to register under section 415'' and inserting ``not responsible parties''. SEC. 7. RECALL AUTHORITY. (a) Prohibition.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(oo) The violation of an order to recall food under section 417A.''. (b) Recall Authority.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by inserting after section 417 the following: ``SEC. 417A. RECALL AUTHORITY. ``(a) Request To Initiate a Recall.--The Secretary may request an establishment to initiate a recall of food when the Secretary makes each of the following determinations: ``(1) The food has been distributed and presents a risk of illness or injury or gross consumer deception. ``(2) The establishment has not initiated a recall of the food. ``(3) Action by the Secretary is necessary to protect the public health. ``(b) Order.--If an establishment subject to a request under subsection (a) does not initiate a voluntary recall of the food involved within 24 hours of receiving such request, the Secretary may issue an order requiring such establishment to conduct a recall of the food. ``(c) Definition.--In this section, term `establishment' means an establishment required to be registered under section 415.''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as may be necessary for each of fiscal years 2010 through 2014.

Keeping America's Food Safe Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to require: (1) certification of any food safety laboratory or a sampling service that is analyzing, testing, or collecting samples of imported food; and (2) such laboratories or services to submit to the Secretary of Health and Human Services the results of all tests conducted on behalf of an importer. Sets forth civil penalties for: (1) an importer that knowingly engages in the falsification of test results submitted to the Secretary; and (2) a laboratory or service that knowingly submits false test results to the Secretary. Requires the Secretary to establish a certification program to ensure that imported food meets the food safety standards applied to food produced in the United States. Prohibits food from being permitted entry into the United States from a foreign facility in a foreign country unless there are certifications from the facility and country, except if the certification is not needed for the Secretary's evaluation of whether the facility's or country's standards are at least equivalent to standards applicable to food produced in the United States. Sets forth certification requirements for foreign countries. Requires the Secretary to develop and maintain websites on: (1) food safety issues; and (2) the development of school curricula regarding food safety issues. Establishes whistle-blower's protections. Revises the definition of "responsible party" to include an establishment that analyzes or tests samples of food for consumption in the United to States to ensure its safety. Requires a responsible party to notify the Food and Drug Administration (FDA) within 24 hours about test results that suggest that an article of food is reportable food, irrespective of whether the party subsequently determines that such article isn't reportable food. Authorizes the Secretary to request and, in the absence of voluntary compliance, to order an establishment to recall food that has been distributed and that presents a risk of illness, injury, or gross consumer deception when necessary to protect the public health.

To amend the Federal Food, Drug, and Cosmetic Act to improve food safety.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drinking Water Protection Act''. SEC. 2. ALGAL TOXIN RISK ASSESSMENT AND MANAGEMENT. (a) In General.--Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following: ``SEC. 1459. ALGAL TOXIN RISK ASSESSMENT AND MANAGEMENT. ``(a) Definition of Feasible.--In this section, the term `feasible' has the meaning given the term in section 1412(b)(4)(D). ``(b) Strategic Plan.-- ``(1) Development.--Not later than 90 days after the date of enactment of this section, the Administrator shall develop and submit to Congress a strategic plan for assessing and managing risks associated with algal toxins in drinking water provided by public water systems. ``(2) Inclusions.--The strategic plan shall include steps and timelines-- ``(A) to evaluate the risk to human health from drinking water provided by public water systems contaminated with algal toxins; ``(B) to establish, publish, and update a comprehensive list of algal toxins that the Administrator determines may have an adverse effect on human health when present in drinking water provided by public water systems, taking into account likely exposure levels; ``(C) to summarize-- ``(i) the known adverse human health effects of algal toxins included on the list published under subparagraph (B) when present in drinking water provided by public water systems; and ``(ii) factors that cause toxin-producing cyanobacteria and algae to proliferate and express toxins; ``(D) with respect to algal toxins included on the list published under subparagraph (B), to determine whether-- ``(i) to publish health advisories pursuant to section 1412(b)(1)(F) for such algal toxins in drinking water provided by public water systems; ``(ii) to establish guidance regarding feasible analytical methods to quantify the presence of algal toxins; and ``(iii) to establish guidance regarding the frequency of monitoring necessary to determine if such algal toxins are present in drinking water provided by public water systems; ``(E) to recommend feasible treatment options, including procedures, equipment, and source water protection practices, to mitigate any adverse public health effects of algal toxins included on the list published under subparagraph (B); and ``(F) to enter into cooperative agreements with, and provide technical assistance to, affected States and public water systems, as identified by the Administrator, for the purpose of managing risks associated with algal toxins included on the list published under subparagraph (B). ``(3) Updates.--The Administrator shall, as appropriate, update and submit to Congress the strategic plan developed under paragraph (1). ``(c) Information Coordination.--In carrying out this section, the Administrator shall-- ``(1) identify gaps in the Agency's understanding of algal toxins, including-- ``(A) the human health effects of algal toxins included on the list published under subsection (b)(2)(B); and ``(B) methods and means of testing and monitoring for the presence of harmful algal toxins in source water of, or drinking water provided by, public water systems; ``(2) as appropriate, consult with-- ``(A) other Federal agencies that-- ``(i) examine or analyze cyanobacteria or algal toxins; or ``(ii) address public health concerns related to harmful algal blooms; ``(B) States; ``(C) operators of public water systems; ``(D) multinational agencies; ``(E) foreign governments; ``(F) research and academic institutions; and ``(G) companies that provide relevant drinking water treatment options; and ``(3) assemble and publish information from each Federal agency that has-- ``(A) examined or analyzed cyanobacteria or algal toxins; or ``(B) addressed public health concerns related to harmful algal blooms. ``(d) Use of Science.--The Administrator shall carry out this section in accordance with the requirements described in section 1412(b)(3)(A), as applicable.''. (b) Report to Congress.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report that includes-- (1) an inventory of funds-- (A) expended by the United States, for each of fiscal years 2010 through 2014, to examine or analyze toxin-producing cyanobacteria and algae or address public health concerns related to harmful algal blooms; and (B) that includes the specific purpose for which the funds were made available, the law under which the funds were authorized, and the Federal agency that received or spent the funds; and (2) recommended steps to reduce any duplication, and improve interagency coordination, of such expenditures.

Drinking Water Protection Act This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency to develop and submit to Congress a strategic plan for assessing and managing risks associated with algal toxins in drinking water provided by public water systems. Cyanobacteria, also known as blue-green algae, have the ability to produce cyanotoxins, or algal toxins. When certain conditions are favorable, algae can rapidly multiply causing blooms, or dense surface scums, that may be toxic. The plan must include steps and time lines to: evaluate the risk to human health from drinking water contaminated with algal toxins; establish, publish, and update a comprehensive list of algal toxins that may have an adverse effect on human health; summarize the known adverse human health effects of algal toxins and the factors that cause toxin-producing cyanobacteria and algae to grow rapidly and make toxins; determine whether to publish health advisories for algal toxins and establish relevant guidance; recommend feasible treatment options; and enter into cooperative agreements with, and provide technical assistance to, affected states and public water systems to manage risks associated with algal toxins.

Drinking Water Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``MTBE Elimination Act''. SEC. 2. FINDINGS; SENSE OF THE SENATE. (a) Findings.--Congress finds that-- (1) a single cup of MTBE, equal to the quantity found in 1 gallon of gasoline oxygenated with MTBE, renders all of the water in a 5,000,000-gallon well undrinkable; (2) the physical properties of MTBE allow MTBE to pass easily from gasoline to air to water, or from gasoline directly to water, but MTBE does not-- (A) readily attach to soil particles; or (B) naturally degrade; (3) the development of tumors and nervous system disorders in mice and rats has been linked to exposure to MTBE and tertiary butyl alcohol and formaldehyde, which are 2 metabolic byproducts of MTBE; (4) reproductive and developmental studies of MTBE indicate that exposure of a pregnant female to MTBE through inhalation can-- (A) result in maternal toxicity; and (B) have possible adverse effects on a developing fetus; (5) the Health Effects Institute reported in February 1996 that the studies of MTBE support its classification as a neurotoxicant and suggest that its primary effect is likely to be in the form of acute impairment; (6) people with higher levels of MTBE in the bloodstream are significantly more likely to report more headaches, eye irritation, nausea, dizziness, burning of the nose and throat, coughing, disorientation, and vomiting as compared with those who have lower levels of MTBE in the bloodstream; (7) available information has shown that MTBE significantly reduces the efficiency of technologies used to remediate water contaminated by petroleum hydrocarbons; (8) the costs of remediation of MTBE water contamination throughout the United States could run into the billions of dollars; (9) although several studies are being conducted to assess possible methods to remediate drinking water contaminated by MTBE, there have been no engineering solutions to make such remediation cost-efficient and practicable; (10) the remediation of drinking water contaminated by MTBE, involving the stripping of millions of gallons of contaminated ground water, can cost millions of dollars per municipality; (11) the average cost of a single industrial cleanup involving MTBE contamination is approximately $150,000; (12) the average cost of a single cleanup involving MTBE contamination that is conducted by a small business or a homeowner is approximately $37,000; (13) the reformulated gasoline program under section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) has resulted in substantial reductions in the emissions of a number of air pollutants from motor vehicles, including volatile organic compounds, carbon monoxide, and mobile-source toxic air pollutants, including benzene; (14) in assessing oxygenate alternatives, the Blue Ribbon Panel of the Environmental Protection Agency determined that ethanol, made from domestic grain and potentially from recycled biomass, is an effective fuel-blending component that-- (A) provides carbon monoxide emission benefits and high octane; and (B) appears to contribute to the reduction of the use of aromatics, providing reductions in emissions of toxic air pollutants and other air quality benefits; (15) the Department of Agriculture concluded that ethanol production and distribution could be expanded to meet the needs of the reformulated gasoline program in 4 years, with negligible price impacts and no interruptions in supply; and (16) because the reformulated gasoline program is a source of clean air benefits, and ethanol is a viable alternative that provides air quality and economic benefits, research and development efforts should be directed to assess infrastructure and meet other challenges necessary to allow ethanol use to expand sufficiently to meet the requirements of the reformulated gasoline program as the use of MTBE is phased out. (b) Sense of the Senate.--It is the sense of the Senate that the Administrator of the Environmental Protection Agency should provide technical assistance, information, and matching funds to help local communities-- (1) test drinking water supplies; and (2) remediate drinking water contaminated with methyl tertiary butyl ether. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Eligible grantee.--The term ``eligible grantee'' means-- (A) a Federal research agency; (B) a national laboratory; (C) a college or university or a research foundation maintained by a college or university; (D) a private research organization with an established and demonstrated capacity to perform research or technology transfer; or (E) a State environmental research facility. (3) MTBE.--The term ``MTBE'' means methyl tertiary butyl ether. SEC. 4. USE AND LABELING OF MTBE AS A FUEL ADDITIVE. Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended by adding at the end the following: ``(f) Use of Methyl Tertiary Butyl Ether.-- ``(1) Prohibition on use.--Effective beginning on the date that is 3 years after the date of enactment of this subsection, a person shall not use methyl tertiary butyl ether as a fuel additive. ``(2) Labeling of fuel dispensing systems for mtbe.--Any person selling oxygenated gasoline containing methyl tertiary butyl ether at retail shall be required under regulations promulgated by the Administrator to label the fuel dispensing system with a notice that-- ``(A) specifies that the gasoline contains methyl tertiary butyl ether; and ``(B) provides such other information concerning methyl tertiary butyl ether as the Administrator determines to be appropriate. ``(3) Regulations.--As soon as practicable after the date of enactment of this subsection, the Administrator shall establish a schedule that provides for an annual phased reduction in the quantity of methyl tertiary butyl ether that may be used as a fuel additive during the 3-year period beginning on the date of enactment of this subsection.''. SEC. 5. GRANTS FOR RESEARCH ON MTBE GROUND WATER CONTAMINATION AND REMEDIATION. (a) In General.-- (1) Establishment.--There is established a MTBE research grants program within the Environmental Protection Agency. (2) Purpose of grants.--The Administrator may make a grant under this section to an eligible grantee to pay the Federal share of the costs of research on-- (A) the development of more cost-effective and accurate MTBE ground water testing methods; (B) the development of more efficient and cost- effective remediation procedures for water sources contaminated with MTBE; or (C) the potential effects of MTBE on human health. (b) Administration.-- (1) In general.--In making grants under this section, the Administrator shall-- (A) seek and accept proposals for grants; (B) determine the relevance and merit of proposals; (C) award grants on the basis of merit, quality, and relevance to advancing the purposes for which a grant may be awarded under subsection (a); and (D) give priority to those proposals the applicants for which demonstrate the availability of matching funds. (2) Competitive basis.--A grant under this section shall be awarded on a competitive basis. (3) Term.--A grant under this section shall have a term that does not exceed 4 years. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2001 through 2004.

Amends the Toxic Substances Control Act to prohibit, three years after the enactment of the MTBE Elimination Act, the use of MTBE as a fuel additive. Requires persons selling oxygenated gasoline containing MTBE at retail to be required under regulations promulgated by the Administrator to label the fuel dispensing system with a notice that specifies that the gasoline contains MTBE and provides other information concerning MTBE as determined appropriate by the Administrator. Directs the Administrator to establish a schedule that provides for an annual phased reduction in the quantity of MTBE that may be used as a fuel additive during the three-year period beginning on this Act's enactment date. Establishes an MTBE research grants program within EPA. Authorizes grants to eligible grantees to pay the Federal cost share of research on: (1) the development of more cost-effective and accurate MTBE groundwater testing methods; (2) the development of more efficient and cost-effective remediation procedures for water sources contaminated with MTBE; or (3) the potential effects of MTBE on human health. Makes eligible for such grants Federal research agencies, national laboratories, colleges or universities, certain private research organizations, and State environmental research facilities. Authorizes appropriations.

MTBE Elimination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity for Congress Act''. SEC. 2. COVERAGE OF CONGRESS AND PRESIDENTIAL APPOINTEES. (a) Application.-- (1) In general.--The rights and protections provided pursuant to this Act and the provisions of law specified in paragraph (2) shall apply with respect to employment by the Congress. (2) Provisions.--The provisions of law that shall apply with respect to employment by Congress are-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), (B) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), (C) the National Labor Relations Act (29 U.S.C. 151 et seq.), (D) section 1977 of the Revised Statutes (42 U.S.C. 1981), (E) section 1977A of the Revised Statutes (42 U.S.C. 1981a), (F) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), (G) the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), and (H) the Family and Medical Leave Act of 1993. (b) Enforcement by Administrative Action.-- (1) In general.--A congressional employee, including a class or organization on behalf of a congressional employee, may bring an administrative action in accordance with paragraph (2) before an administrative agency to enforce the application of a law set out in subsection (a)(2) by the Congress or the congressional employer of such employee, to such employee if a similarly situated complaining party may bring such an action before such agency. (2) Requirements.--An administrative action described in paragraph (1) shall be commenced in accordance with the statutory and procedural requirements of the law which is sought to be enforced. (3) Administrative action.--An administrative agency before which is brought an action described in paragraph (1) may take such action against Congress or the congressional employer cited in the action as the agency could take an action brought by a similarly situated complaining party. (c) Enforcement by Civil Action.-- (1) In general.--A congressional employee, including a class or organization acting on behalf of a congressional employee, may bring a civil action to enforce a provision of law set out in subsection (a)(2) in a court authorized by paragraph (3) against the Congress or the congressional employer of such employee if a similarly situated complaining party could bring such a civil action. (2) Requirements.--A civil action described in paragraph (1) shall be commenced in accordance with the statutory and procedural requirements of the law which is sought to be enforced. (3) Venue.--An action may be brought under paragraph (1) to enforce a provision of law set out in subsection (a)(2) in any court of competent jurisdiction in which a similarly situated complaining party may otherwise bring civil action to enforce such provision. (4) Relief.--In any civil action brought under paragraph (1) to enforce a provision of law set out in subsection (a)(2), the court-- (A) may grant as relief against the Congress or congressional employer any equitable relief otherwise available to a similarly situated complaining party bringing a civil action to enforce the provision; (B) may grant as relief against Congress any damages that would otherwise be available to such a complaining party; and (C) allow such fees and costs as would be allowed in such an action by such a party. SEC. 3. MATTERS OTHER THAN EMPLOYMENT. (a) Rights and Protections.--In accordance with paragraph (6) of section 509(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209), the rights and protections provided under such Act shall apply with respect to the conduct of the Congress regarding matters other than employment. (b) Enforcement.--To enforce paragraph (1), any person may-- (1) bring an administrative action described in subsection 2(b), or (2) bring a civil action described in section 2(c). SEC. 4. INFORMATION. (a) Application.--The rights and protections provided pursuant to section 552a of title 5, United States Code, shall apply with respect to information in the possession of the Congress. (b) Enforcement.--To enforce subsection (a), any person may-- (1) bring an administrative action described in section 2(b), or (2) bring a civil action described in section 2(c), against Congress or a congressional employer in possession of information. SEC. 5. INDEPENDENT COUNSEL. (a) Application.--(1) The rights and protections provided pursuant to chapter 40 of title 28, United States Code, shall apply with respect to investigation of congressional improprieties. (2) Enforcement.--To enforce subsection (a), any person may-- (A) bring an administrative action described in section 2(b), or (B) bring a civil action described in section 2(c), against any party with a duty under such chapter 40. SEC. 6. AMENDMENTS TO THE RULES OF THE SENATE. Rule XIV of the Standing Rules of the Senate is amended by adding at the appropriate place the following: ``No bill, resolution, or amendment which creates a requirement of general applicability but which exempts the Congress of the United States from its provisions may be considered except by a vote of three-fifths of Senators duly chosen and sworn.''. SEC. 7. AMENDMENT TO THE RULES OF THE HOUSE OF REPRESENTATIVES. Rule XXIV of the House of Representatives is amended by adding at the end the following: ``(9) No bill, resolution, or amendment which creates a requirement of general applicability but which exempts the Congress of the United States from its provisions may be considered except by a vote of three- fifths of the Members duly chosen and sworn.''. SEC. 8. DEFINITIONS. For the purposes of this Act: (1) The term ``congressional employer'' means-- (A) a supervisor as described in paragraph 12 of Rule XXXVII of the Rules of the Senate, (B)(i) a Member of the House of Representatives with respect to the administrative, clerical, and other assistants of a Member, (ii) a Member who is the chairman of a committee with respect to the professional, clerical and other assistants to the committee, (iii) the ranking minority member of a committee with respect to the minority staff members of the committee, (iv) a member who is the chairman of a subcommittee which has its own staff and financial authorization with respect to the professional, clerical, and other assistants to the subcommittee, (v) the ranking minority member of a subcommittee with respect to the minority staff members of the subcommittee, (vi) the Majority and Minority Leaders of the House of Representatives and the Majority and Minority Whips with respect to the research, clerical, and other assistants to their respective offices, and (vii) the other officers of the House of Representatives with respect to the employees of such officers, (C) the Architect of the Capitol with respect to the employees of the Architect of the Capitol, (D) the Director of the Congressional Budget Office with respect to the employees of such office, (E) the Comptroller General with respect to the employees of the General Accounting Office, (F) the Public Printer with respect to the employees of the Government Printing Office, (G) the Librarian of Congress with respect to the employees of the Library of Congress, (H) the Director of the Office of Technology Assessment with respect to employees of such office, and (I) the Director of the United States Botanic Gardens with respect to the employees of such gardens. (2) The term ``congressional employee'' means an employee who is employed by, or an applicant for employment with, a congressional employer. (3) The term ``similarly situated complaining party'' means-- (A) in the case of a party seeking to enforce a provision with a separate enforcement mechanism for governmental complaining parties, a governmental complaining party, or (B) in the case of a party seeking to enforce a provision with no such separate mechanism, a complaining party. SEC. 9. INDEMNIFICATION. The House of Representatives and the Senate are authorized to promulgate regulations governing the indemnification of congressional employers for damages or equitable liability assessed against such employer under section 2 for conduct not within the control of such employer. SEC. 10. EFFECTIVE DATE. This Act shall take effect one hundred and twenty days after the date of its enactment.

Equity for Congress Act - Makes applicable to the Congress the following Federal laws: (1) with respect to employment title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the National Labor Relations Act, sections 1977 and 1977A of the Revised Statutes, the Fair Labor Standards Act of 1938, the Occupational Safety and Health Act of 1970, and the Family and Medical Leave Act of 1993; (2) with respect to conduct regarding matters other than employment, the Americans with Disabilities Act of 1990; and (3) with respect to information in its possession, the Privacy Act of 1974; and (4) specified provisions of Federal law relating to independent counsel. Amends the Standing Rules of the Senate and the Rules of the House of Representatives to require a three-fifths vote in each House before it considers legislation that creates a requirement of general applicability but exempts the Congress from such provisions. Authorizes the House and the Senate to promulgate regulations governing the indemnification of congressional employers for damages or equitable liability assessed against such employer under this Act for conduct not within the control of such employer.

Equity for Congress Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Triad Program Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) older Americans are among the most rapidly growing segments of our society; (2) currently, the elderly comprise 15 percent of our society, and predictions are that by the turn of the century they will constitute 18 percent of our Nation's population; (3) older Americans find themselves uniquely situated in our society, environmentally and physically; (4) many elderly Americans are experiencing increased social isolation due to fragmented and distant familial relations, scattered associations, limited access to transportation, and other insulating factors; (5) physical conditions such as hearing loss, poor eyesight, lessened agility, and chronic and debilitating illnesses often contribute to an older person's susceptibility to criminal victimization; (6) our elders are too frequently the victims of abuse and neglect, violent crime, property crime, consumer fraud, medical quackery, and confidence games; (7) studies have found that elderly victims of violent crime are more likely to be injured and require medical attention than are younger victims; (8) victimization data on crimes against the elderly are incomplete and out of date, and data sources are partial, scattered, and not easily obtained; (9) although a few studies have attempted to define and estimate the extent of elder abuse and neglect, both in their homes and in institutional settings, many experts believe that this crime is substantially underreported and undetected; (10) similarly, while some evidence suggests that the elderly may be targeted in a range of fraudulent schemes, neither the Uniform Crime Report nor the National Crime Survey collects data on individual- or household-level fraud; (11) law enforcement officers and social service providers come from different disciplines and frequently bring different perspectives to the problem of crimes against the elderly; (12) these differences, in turn, can contribute to inconsistent approaches to the problem and inhibit a genuinely effective response; (13) there are, however, a few efforts currently under way that seek to forge partnerships to coordinate criminal justice and social service approaches to victimization of the elderly; (14) the Triad program, sponsored by the National Sheriffs' Association (NSA), the International Association of Chiefs of Police (IACP), and the American Association of Retired Persons (AARP), is one such effort; (15) recognizing that older Americans have the same fundamental desire as other members of our society to live freely, without fear or restriction due to the criminal element, the Federal Government seeks to expand efforts to reduce crime against this growing and uniquely vulnerable segment of our population; and (16) our goal is to support a coordinated effort among law enforcement and social service agencies to stem the tide of transgenerational violence against the elderly and to support media and nonmedia strategies aimed at increasing both public understanding of the problem and the elderly person's skills in preventing crime against themselves and their property. SEC. 3. PURPOSE. The purpose of this Act is to address the problem of crime against the elderly in a systematic and effective manner with a program of practical and focused research, development, and dissemination designed to assist States and units of local government in implementing specific programs of crime prevention, victim assistance, citizen involvement, and public education that offer a high probability of improving the coordinated effectiveness of law enforcement and social service efforts. The efforts of local coalitions, such as the Triad model being piloted in a number of areas by National Sheriffs' Association, International Association of the Chiefs of Police, and American Association of Retired Persons, are of particular interest. SEC. 4. NATIONAL ASSESSMENT AND DISSEMINATION. (a) In General.--The Director of the National Institute of Justice (referred to as the ``Director'') shall conduct a national assessment of-- (1) the nature and extent of crimes against the elderly; (2) the needs of law enforcement, health, and social service organizations in working to prevent, identify, investigate, and provide assistance to victims of those crimes; and (3) promising strategies to respond effectively to those challenges. (b) Matters to be Addressed.--The national assessment made pursuant to subsection (a) shall address-- (1) the analysis and synthesis of data from a range of sources in order to develop accurate information on the nature and extent of crimes against the elderly, including identifying and conducting such surveys and other data collection efforts as are needed and designing a strategy to keep such information current over time; (2) the problem of the most vulnerable and hard-to-reach elderly who are in poor health, are living alone or without family nearby, or are living in high crime areas; (3) the problem of elderly who are abused and neglected, sometimes in the home and sometimes in health care facilities, sometimes subjected to physical abuse and at other times to verbal aggression and neglect; (4) the problem of fear of victimization, which inhibits the freedom of the elderly and can make them prisoners in their homes; (5) the identification of strategies and techniques that have been shown to be effective, or appear to hold promise of being effective, in responding to the problems described in this subsection and in preventing, reducing, and ameliorating the impact of crime against the elderly; (6) the analysis of the factors that enhance or inhibit development of a coordinated response by law enforcement, health care, and social service providers to crimes against the elderly and the treatment of elderly victims; and (7) the research agenda needed to develop a comprehensive understanding of the problems of crimes against the elderly, including the changes anticipated in the crimes themselves and appropriate responses as our society increasingly ages, and the identification and evaluation of effective and fiscally feasible approaches to prevent and reduce victimization of our Nation's elderly citizens. (c) Dissemination.--Based on the results of the national assessment and analysis of successful or promising strategies in dealing with the problems described in subsection (b) and other problems, including coalition efforts such as the Triad programs referred to in sections 2 and 3, the Director shall disseminate the results through reports, publications, clearinghouse services, public service announcements, and programs of evaluation, demonstration, training, and technical assistance. SEC. 5. PILOT PROGRAMS. (a) Awards.--The Director may make awards to coalitions of local law enforcement agencies, victim service providers, and organizations representing the elderly for pilot programs and field tests of particularly promising strategies and models for forging partnerships for crime prevention and service provision based on the concepts of the Triad model, which can then be evaluated and serve as the basis for further demonstration and education programs. (b) Eligibility.--Pilot programs funded under this section may include existing general service coalitions of law enforcement, victim service, and elder advocate organizations that wish to use additional funds to work at a particular problem in their community, such as fraud, burglary, or abuse and neglect, or to target a particular geographic area in need of intensive services. SEC. 6. EVALUATION AND DISSEMINATION AWARDS. In conjunction with the national assessment under section 4 and the pilot programs under section 5, the Director may make awards to-- (1) coalitions of national law enforcement, victim service, and elder advocate organizations, for the purposes of providing training and technical assistance in implementing pilot programs, including programs based on the concepts of the Triad; (2) research organizations, for the purposes of-- (A) investigating the types of elder victimization shown by the national assessment to present particularly critical problems or to be emerging crimes about which little is known; (B) evaluating the effectiveness of selected pilot programs; and (C) conducting the research and development identified through the national assessment as being critical; and (3) public service advertising coalitions, for the purposes of mounting a program of public service advertisements to increase public awareness and understanding of the issues surrounding crimes against the elderly and promoting ideas or programs to prevent them. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Of amounts authorized to be appropriated to the National Institute of Justice under section 1001(a)(2) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(2)), $5,000,000 shall be available to carry out this Act, of which-- (1) up to $2,000,000 may be used to fund up to 20 pilot programs; (2) up to $1,000,000 may be used to fund a national training and technical assistance effort; (3) up to $1,000,000 may be used to develop public service announcements; and (4) up to $1,000,000 may be used for the national assessment, the evaluation of pilot programs, and the carrying out of the research agenda.

National Triad Program Act - Requires the Director of the National Institute of Justice to conduct a national assessment of: (1) crimes against the elderly; (2) the needs of law enforcement, health, and social service organizations in working to assist victims; and (3) promising strategies to respond effectively. Specifies that such assessment shall address the problems of elderly who are living alone or in high crime areas and who are abused and neglected and the fear of victimization. Authorizes the Director to make awards to: (1) coalitions of local law enforcement agencies, victim service providers, and organizations representing the elderly for pilot programs and field tests of promising strategies and models for forging partnerships for crime prevention and service provision. Specifies that pilot programs may include existing general service coalitions of law enforcement, victim service, and elder advocate organizations that wish to use additional funds to work at a particular problem in their community or to target a particular geographic area; (2) research organizations to investigate the types of elder victimization that present particularly critical problems or emerging crimes about which little is known, to evaluate the effectiveness of selected pilot programs, and to conduct critical research and development; and (3) public service advertising coalitions to increase public awareness of, and promote ideas or programs to prevent, crimes against the elderly. Authorizes appropriations.

National Triad Program Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fish and Wildlife Foundation Establishment Act Amendments of 2000''. SEC. 2. PURPOSES. Section 2(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph (1) and inserting the following: ``(1) to encourage, accept, and administer private gifts of property for the benefit of, or in connection with, the activities and services of the Department of the Interior and the Department of Commerce to further the conservation and management of fish, wildlife, plants, and other natural resources;''. SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION. (a) Establishment and Membership.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by striking subsection (a) and inserting the following: ``(a) Establishment and Membership.-- ``(1) In general.--The Foundation shall have a governing Board of Directors (referred to in this Act as the `Board'), which shall consist of 25 Directors appointed in accordance with subsection (b), each of whom shall be a United States citizen. ``(2) Representation of diverse points of view.--To the maximum extent practicable, the membership of the Board shall represent diverse points of view relating to conservation and management of fish, wildlife, plants, and other natural resources. ``(3) Not federal employees.--Appointment as a Director of the Foundation shall not constitute employment by, or the holding of an office of, the United States for the purpose of any Federal law.''. (b) Appointment and Terms.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by striking subsection (b) and inserting the following: ``(b) Appointment and Terms.-- ``(1) Agency heads.--The Director of the United States Fish and Wildlife Service and the Under Secretary of Commerce for Oceans and Atmosphere shall be Directors of the Foundation. ``(2) Appointments by the secretary of the interior.-- ``(A) In general.--Subject to subparagraph (B), after consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 23 Directors who meet the criteria established by subsection (a), of whom-- ``(i) at least 6 shall be educated or experienced in fish, wildlife, or other natural resource conservation; ``(ii) at least 4 shall be educated or experienced in the principles of fish, wildlife, or other natural resource management; and ``(iii) at least 4 shall be educated or experienced in ocean and coastal resource conservation. ``(B) Transition provision.-- ``(i) Continuation of terms.--The 15 Directors serving on the Board as of the date of enactment of this paragraph shall continue to serve until the expiration of their terms. ``(ii) New directors.--The Secretary of the Interior shall appoint 8 new Directors. To the maximum extent practicable, those appointments shall be made not later than 45 calendar days after the date of enactment of this paragraph. ``(3) Terms.-- ``(A) In general.--Subject to subparagraph (B), each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years. ``(B) Initial appointments to new member positions.--Of the Directors appointed by the Secretary of the Interior under paragraph (2)(B)(ii), the Secretary shall appoint-- ``(i) 2 Directors for a term of 2 years; ``(ii) 3 Directors for a term of 4 years; and ``(iii) 3 Directors for a term of 6 years. ``(4) Vacancies.-- ``(A) In general.--The Secretary of the Interior shall fill a vacancy on the Board. To the maximum extent practicable, a vacancy shall be filled not later than 45 calendar days after the occurrence of the vacancy. ``(B) Term of appointments to fill unexpired terms.--An individual appointed to fill a vacancy that occurs before the expiration of the term of a Director shall be appointed for the remainder of the term. ``(5) Reappointment.--An individual (other than an individual described in paragraph (1)) shall not serve more than 2 consecutive terms as a Director, excluding any term of less than 6 years. ``(6) Request for removal.--The Executive Committee of the Board may submit to the Secretary a letter describing the nonperformance of a Director and requesting the removal of the Director from the Board. ``(7) Consultation before removal.--Before removing any Director from the Board, the Secretary shall consult with the Secretary of Commerce.''. (c) Technical Amendments.-- (1) Section 4(c)(5) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended by striking ``Directors of the Board'' and inserting ``Directors of the Foundation''. (2) Section 6 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3705) is amended-- (A) by striking ``Secretary'' and inserting ``Secretary of the Interior or the Secretary of Commerce''; and (B) by inserting ``or the Department of Commerce'' after ``Department of the Interior''. SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION. (a) Principal Office of the Foundation.--Section 4(a)(3) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(a)(3)) is amended by inserting after ``the District of Columbia'' the following: ``or in a county in the State of Maryland or Virginia that borders on the District of Columbia''. (b) Investment and Deposit of Federal Funds.--Section 4(c) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(c)) is amended-- (1) by redesignating paragraphs (3) through (7) as paragraphs (7) through (11), respectively; and (2) by inserting after paragraph (2) the following: ``(3) to invest any funds provided to the Foundation by the Federal Government in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States; ``(4) to deposit any funds provided to the Foundation by the Federal Government into accounts that are insured by an agency or instrumentality of the United States; ``(5) to make use of any interest or investment income that accrues as a consequence of actions taken under paragraph (3) or (4) to carry out the purposes of the Foundation; ``(6) to use Federal funds to make payments under cooperative agreements entered into with willing private landowners to provide substantial long-term benefits for the restoration or enhancement of fish, wildlife, plants, and other natural resources on private land;''. (c) Agency Approval of Acquisitions of Property.--Section 4(e)(1) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) the Foundation notifies the Federal agency that administers the program under which the funds were provided of the proposed acquisition, and the agency does not object in writing to the proposed acquisition within 60 calendar days after the date of the notification.''. (d) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703 note) is repealed. (e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting the following: ``(ii) the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided of the proposed conveyance or provision of Federal funds, and the agency does not object in writing to the proposed conveyance or provision of Federal funds within 60 calendar days after the date of the notification.''. (f) Reconveyance of Real Property.--Section 4(e) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is amended by striking paragraph (5) and inserting the following: ``(5) Reconveyance of real property.--The Foundation shall convey at not less than fair market value any real property acquired by the Foundation in whole or in part with Federal funds if the Foundation notifies the Federal agency that administers the Federal program under which the funds were provided, and the agency does not disagree within 60 calendar days after the date of the notification, that-- ``(A) the property is no longer valuable for the purpose of conservation or management of fish, wildlife, plants, and other natural resources; and ``(B) the purposes of the Foundation would be better served by use of the proceeds of the conveyance for other authorized activities of the Foundation.''. (g) Expenditures for Printing Services or Capital Equipment.-- Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended by adding at the end the following: ``(h) Expenditures for Printing Services or Capital Equipment.--The Foundation shall not make any expenditure of Federal funds in connection with any 1 transaction for printing services or capital equipment that is greater than $10,000 unless the expenditure is approved by the Federal agency that administers the Federal program under which the funds were provided.''. SEC. 5. FUNDING. Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended to read as follows: ``SEC. 10. FUNDING. ``(a) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this Act for each of fiscal years 2000 through 2004-- ``(A) $30,000,000 to the Department of the Interior; and ``(B) $10,000,000 to the Department of Commerce. ``(2) Requirement of advance payment.--The amount made available for a fiscal year under paragraph (1) shall be provided to the Foundation in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of the fiscal year. ``(3) Use of appropriated funds.--Subject to paragraph (4), amounts made available under paragraph (1) shall be provided to the Foundation for use for matching, on a 1-to-1 basis, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. ``(4) Prohibition on use for administrative expenses.--No Federal funds made available under paragraph (1) shall be used by the Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. ``(b) Additional Authorization.-- ``(1) In general.--In addition to the amounts authorized to be appropriated under subsection (a), the Foundation may accept Federal funds from a Federal agency under any other Federal law for use by the Foundation to further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with the requirements of this Act. ``(2) Use of funds accepted from federal agencies.--Federal funds provided to the Foundation under paragraph (1) shall be used by the Foundation for matching, in whole or in part, contributions (whether in currency, services, or property) made to the Foundation by private persons and State and local government agencies. ``(c) Prohibition on Use of Grant Amounts for Litigation and Lobbying Expenses.--Amounts provided as a grant by the Foundation shall not be used for-- ``(1) any expense related to litigation; or ``(2) any activity the purpose of which is to influence legislation pending before Congress.''. SEC. 6. LIMITATION ON AUTHORITY. The National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) is amended by adding at the end the following: ``SEC. 11. LIMITATION ON AUTHORITY. ``Nothing in this Act authorizes the Foundation to perform any function the authority for which is provided to the National Park Foundation by Public Law 90-209 (16 U.S.C. 19e et seq.).''. Passed the Senate March 9, 2000. Attest: GARY SISCO, Secretary.

(Sec. 3) Increases the Foundation's Board of Directors from 15 to 25 members, including the Director of the USFWS and the Under Secretary of Commerce for Oceans and Atmosphere. (Sec. 4) Authorizes the Foundation to have its principal offices in Washington, D.C. (as currently provided), or in the bordering counties of Maryland or Virginia. Sets forth conditions for the Foundation to: (1) acquire and convey property, including agency approval; and (2) invest and deposit Federal funds. Revises provisions relating to agency approval of acquisitions of property and of conveyances and grants. Sets forth limitations relating to the Foundation's: (1) reconveyance of real property; and (2) expenditures for printing services or capital equipment. (Sec. 5) Requires the Foundation's annual reporting of grant details to: (1) be submitted to specified congressional committees (currently, to Congress); and (2) include a detailed statement of the grant recipient, amount, and purpose. (Sec. 6) Prohibits the Foundation from making a grant unless, at least 60 days before, the Foundation notifies the Member of Congress for the congressional district in which the grant project will be conducted. (Sec. 7) Authorizes appropriations for FY 2001 and 2002 for the Departments of Commerce and the Interior to carry out activities under the Act (conservation or management of fish, wildlife, plants, and other natural resources). Authorizes the Foundation to accept funds from a Federal agency under any other Federal law to further its conservation and management activities. Sets forth matching funds requirements. Prohibits Foundation grants from being used for litigation expenses or for lobbying Congress. Declares that nothing in this Act authorizes the Foundation to perform any function for which authority is provided to the National Park Foundation by specified Federal law. (Sec. 9) Prohibits grant funds from being used for any activity related to the introduction of wolves or grizzly bears in Idaho, Montana, Utah, or Wyoming.

National Fish and Wildlife Foundation Establishment Act Amendments of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Subsidizing Childhood Obesity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Childhood obesity has more than doubled in children and tripled in adolescents in the past 30 years. Currently, more than one-third of children and adolescents are overweight or obese. (2) A report by the Robert Wood Johnson Foundation found that if the population of the United States continues on its current trajectory, adult obesity rates could exceed 60 percent in a number of States by 2030. (3) Health-related behaviors, such as eating habits and physical activity patterns, develop early in life and often extend into adulthood. The diets of American children and adolescents depart substantially from recommended patterns that put their health at risk. Overall, American children and youth are not achieving basic nutritional goals. They are consuming excess calories and added sugars and have higher than recommended intakes of sodium, total fat, and saturated fats. (4) Budgets for food marketing to children have spiked into the billions of dollars. According to a 2012 report from the Federal Trade Commission, the total amount spent on food marketing to children is about $2 billion a year. (5) Companies market food to children through television, radio, Internet, magazines, product placement in movies and video games, schools, product packages, toys, clothing and other merchandise, and almost anywhere a logo or product image can be shown. (6) According to a comprehensive review by the National Academies' Institute of Medicine, studies demonstrate that television food advertising affects children's food choices, food purchase requests, diets, and health. (7) A 2005 report from the Institute of Medicine confirmed that ``aggressive marketing of high-calorie foods to children and adolescents has been identified as one of the major contributors to childhood obesity''. (8) Nearly three-quarters of the foods advertised on television shows intended for children are for sweets and convenience or fast foods. (9) A study published in the Journal of Law and Economics and funded by the National Institutes of Health found that the elimination of the tax deduction that allows companies to deduct costs associated with advertising food of poor nutritional quality to children could reduce the rates of childhood obesity by 5 to 7 percent. SEC. 3. DENIAL OF DEDUCTION FOR ADVERTISING AND MARKETING DIRECTED AT CHILDREN TO PROMOTE THE CONSUMPTION OF FOOD OF POOR NUTRITIONAL QUALITY. (a) In General.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 280I. DENIAL OF DEDUCTION FOR ADVERTISING AND MARKETING DIRECTED AT CHILDREN TO PROMOTE THE CONSUMPTION OF FOOD OF POOR NUTRITIONAL QUALITY. ``(a) In General.--No deduction shall be allowed under this chapter with respect to-- ``(1) any advertisement or marketing-- ``(A) primarily directed at children for purposes of promoting the consumption by children of any food of poor nutritional quality, or ``(B) of a brand primarily associated with food of poor nutritional quality that is primarily directed at children, and ``(2) any of the following which are incurred or provided primarily for purposes described in paragraph (1): ``(A) Travel expenses (including meals and lodging). ``(B) Goods or services of a type generally considered to constitute entertainment, amusement, or recreation or the use of a facility in connection with providing such goods and services. ``(C) Gifts. ``(D) Other promotion expenses. ``(b) IOM Study.-- ``(1) In general.--Not later than 60 days after the date of the enactment of this section, the Secretary shall enter into a contract with the Institute of Medicine under which the Institute of Medicine shall develop procedures for the evaluation and identification of-- ``(A) food of poor nutritional quality, and ``(B) brands that are primarily associated with food of poor nutritional quality. ``(2) IOM report.--Not later than 12 months after the date of the enactment of this section, the Institute of Medicine shall submit to the Secretary a report that establishes the proposed procedures described in paragraph (1). ``(c) Definitions.--In this section: ``(1) Brand.--The term `brand' means a corporate or product name, a business image, or a mark, regardless of whether it may legally qualify as a trademark, used by a seller or manufacturer to identify goods or services and to distinguish them from the goods of a competitor. ``(2) Child.--The term `child' means an individual who is under the age of 14. ``(3) Food.--The term `food' shall include beverages, candy, and chewing gum. ``(4) Marketing.--The term `marketing' means any product or brand advertising or promotional techniques directed at children, including-- ``(A) advertising (including product placement) on television and radio, in print media, in social media, and on the Internet (including third-party and company- sponsored websites), ``(B) the use of characters or mascots, themes, activities, incentives, or any other advertising or promotional techniques contained on the packaging or labeling of a product, ``(C) advertising preceding a movie shown in a movie theater or placed on a video (DVD or VHS) or within a video game or mobile application, ``(D) promotional content transmitted to televisions, personal computers, and other digital or mobile devices, ``(E) advertising displays and promotions at the retail site or events, ``(F) specialty or premium items distributed in connection with the sale of a product or a product loyalty program, ``(G) character licensing, toy co-branding and cross-promotions, ``(H) celebrity and athlete endorsements, and ``(I) any advertising or promotional techniques used within a school. ``(d) Regulations.--Not later than 18 months after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Health and Human Services and the Federal Trade Commission, shall promulgate such regulations as may be necessary to carry out the purposes of this section, including regulations defining the terms `directed at children', `food of poor nutritional quality', and `brand primarily associated with food of poor nutritional quality' for purposes of this section.''. (b) Clerical Amendment.--The table of sections for such part IX is amended by adding at the end the following new item: ``Sec. 280I. Denial of deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning 24 months after the date of the enactment of this Act. SEC. 4. ADDITIONAL FUNDING FOR THE FRESH FRUIT AND VEGETABLE PROGRAM. In addition to any other amounts made available to carry out the Fresh Fruit and Vegetable Program under section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a), the Secretary of the Treasury (or the Secretary's delegate) shall, on an annual basis, transfer to such program, from amounts in the general fund of the Treasury of the United States, an amount determined by the Secretary of the Treasury (or the Secretary's delegate) to be equal to the increase in revenue for the preceding 12-month period by reason of the amendments made by section 3 of this Act.

Stop Subsidizing Childhood Obesity Act - Amends the Internal Revenue Code to deny a tax deduction for any business expenses: (1) for advertising or marketing primarily directed at children (defined as individuals under the age of 14) to promote the consumption by such children of food of poor nutritional quality or of a brand primarily associated with food of poor nutritional quality that is primarily directed at children; and (2) for related expenses, including for travel, goods or services constituting entertainment, amusement, or recreation, gifts, or other promotion expenses. Directs the Secretary of the Treasury to enter into a contract with the Institute of Medicine to develop procedures to evaluate and identify food of poor nutritional quality and brands that are primarily associated with such food. Authorizes additional funding to carry out the Fresh Fruit and Vegetable Program under the Richard B. Russell National School Lunch Act.

Stop Subsidizing Childhood Obesity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Right-to-Know Act of 1999''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) promote the public right-to-know about the costs and benefits of Federal regulatory programs and rules; (2) increase Government accountability; and (3) improve the quality of Federal regulatory programs and rules. SEC. 3. DEFINITIONS. In this Act: (1) In general.--Except as otherwise provided in this section, the definitions under section 551 of title 5, United States Code, shall apply to this Act. (2) Benefit.--The term ``benefit'' means the reasonably identifiable significant favorable effects, quantifiable and nonquantifiable, including social, health, safety, environmental, and economic effects, that are expected to result from implementation of, or compliance with, a rule. (3) Cost.--The term ``cost'' means the reasonably identifiable significant adverse effects, quantifiable and nonquantifiable, including social, health, safety, environmental, and economic effects, that are expected to result from implementation of, or compliance with, a rule. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (5) Major rule.--The term ``major rule'' has the meaning that term has under section 804(2) of title 5, United States Code. (6) Nonmajor rule.--The term ``nonmajor rule'' means any rule, as that term is defined in section 804(3) of title 5, United States Code, other than a major rule. (7) Paperwork.--The term ``paperwork'' has the meaning given the term ``collection of information'' under section 3502 of title 44, United States Code. (8) Program component.--The term ``program component'' means a set of related rules. SEC. 4. ACCOUNTING STATEMENT. (a) In General.--Not later than February 5, 2001, and on the first Monday in February of each year thereafter, the President, acting through the Director of the Office of Management and Budget, shall prepare and submit to the Congress an accounting statement and associated report containing an estimate of the total annual costs and benefits of Federal regulatory programs, including rules and paperwork-- (1) in the aggregate; (2) by agency, agency program, and program component; and (3) by major rule. (b) Additional Information.--In addition to the information required under subsection (a), the Director shall include in each accounting statement under subsection (a) the following information: (1) An analysis of impacts of Federal rules and paperwork on Federal, State, local, and tribal government, the private sector, small business, wages, consumer prices, economic growth as well as on public health, public safety, the environment, consumer protection, equal opportunity, and other public policy goals. (2) An identification and analysis of overlaps, duplications, and potential inconsistencies among Federal regulatory programs. (3) Recommendations to reform inefficient or ineffective regulatory programs or program components, including recommendations for addressing market failures that are not adequately addressed by existing regulatory programs or program components. (c) Net Benefits and Costs.--To the extent feasible, the Director shall, in estimates contained in any submission under subsection (a), quantify the net benefits or net costs of-- (1) each program component covered by the submission; (2) each major rule covered by the submission; and (3) each option for which costs and benefits were included in any regulatory impact analysis issued for any major rule covered by the submission. (d) Summary of Regulatory Activity.--The Director shall include in each submission under subsection (a) a table stating the number of major rules and the number of nonmajor rules issued by each agency in the preceding fiscal year. (e) Years Covered by Accounting Statement.--Each accounting statement submitted under this section shall, at a minimum-- (1) cover expected costs and benefits for the fiscal year for which the statement is submitted and each of the 4 fiscal years following that fiscal year; (2) cover previously expected costs and benefits for each of the 2 fiscal years preceding the fiscal year for which the statement is submitted, or the most recent revision of such costs and benefits; and (3) with respect to each major rule, include the estimates of costs and benefits for each of the fiscal years referred to in paragraphs (1) and (2) that were included in the regulatory impact analysis that was prepared for the major rule. (f) Delayed Application of Certain Requirements.-- (1) Application after first statement.--The following requirements shall not apply to the first accounting statement submitted under this section: (A) The requirement under subsection (a)(2) to include estimates with respect to program components. (B) The requirement under subsection (b)(2). (2) Application after second statement.--The requirement under subsection (b)(1) to include analyses of impacts on wages, consumer prices, economic growth, public health, public safety, the environment, consumer protection, equal opportunity, and other public policy goals shall not apply to the first and second accounting statements submitted under this section. SEC. 5. NOTICE AND COMMENT. (a) In General.--Before submitting an accounting statement and the associated report to Congress under section 4, and before preparing final guidelines under section 6, the Director of the Office of Management and Budget shall-- (1) provide public notice and an opportunity of at least 60 days for submission of comments on the statement and report or guidelines, respectively; and (2) consult with the Director of the Congressional Budget Office on the statement and report or guidelines, respectively. (b) Appendix.--After consideration of the comments, the Director shall include an appendix to the report or guidelines, respectively, addressing the public comments and peer review comments under section 7. (c) Availability of Peer Review Comments.--To ensure openness, the Director shall make all final peer review comments available in their entirety to the public. SEC. 6. GUIDELINES FROM THE OFFICE OF MANAGEMENT AND BUDGET. (a) In General.--Not later than 270 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Council of Economic Advisers, shall issue guidelines to agencies to standardize-- (1) most plausible measures of costs and benefits; (2) the means of gathering information used to prepare accounting statements under this Act, including information required for impact analyses required under section 4(b)(1); and (3) the format of information provided for accounting statements, including summary tables. (b) Review.--The Director shall review submissions from the agencies to ensure consistency with the guidelines under this section. SEC. 7. PEER REVIEW. (a) In General.--The Director of the Office of Management and Budget shall arrange for two or more persons that have nationally recognized expertise in regulatory analysis and regulatory accounting and that are independent of and external to the Government, to provide peer review of each accounting statement and associated report under section 4 and the guidelines under section 6 before the statement, report, or guidelines are final. (b) Written Comments.--The peer review under this section shall provide written comments to the Director in a timely manner. The Director shall use the peer review comments in preparing the final statements, associated reports, and guidelines. (c) FACA.--Peer review under this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (d) Balance and Independence.--The Director shall ensure that-- (1) the persons that provide peer review under subsection (a) are fairly balanced with respect to the points of view represented; (2) no person that provides peer review under subsection (a) has a conflict of interest that is relevant to the functions to be performed in the review; and (3) the comments provided by those persons-- (A) are not inappropriately influenced by any special interest; and (B) are the result of independent judgment. SEC. 8. SPECIAL RULES RELATING TO CERTAIN FEDERAL BANKING AGENCIES AND MONETARY POLICY. (a) Transfer of Authority and Duties of Director.--The head of each Federal banking agency (as that term is defined in section 3(z) of the Federal Deposit Insurance Act (12 U.S.C. 1813(z)) and the National Credit Union Administration, and not the Director, shall exercise all authority and carry out all duties otherwise vested under this Act in the Director with respect to that agency, other than the authority and duty to submit accounting statements and reports under section 4(a). The head of each such agency shall submit to the Director all estimates and other information required by this Act to be included in such statements and reports with respect to that agency. (b) Exclusion of Monetary Policy.--No provision of this Act shall apply to any matter relating to monetary policy that is proposed or promulgated by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. Passed the House of Representatives July 26, 1999. Attest: JEFF TRANDAHL, Clerk.

Requires the accounting statement, at a minimum, to: (1) cover expected costs and benefits for the fiscal year for which the statement is submitted and the four following fiscal years; (2) cover previously expected costs and benefits for the two preceding fiscal years, or the most recent revision of such costs and benefits; and (3) with respect to each major rule, include the estimates of costs and benefits for each of the fiscal years referred to that were included in the regulatory impact analysis that was prepared for such major rule.Prohibits the application of certain requirements under this Act with respect to the first and second accounting statements.Requires the Director to: (1) issue guidelines to agencies to standardize most plausible measures of costs and benefits, the means of gathering information used to prepare the accounting statements under this Act, including information required for impact analyses, and the format of information provided for accounting statements, including summary tables; and (2) review agency submissions for consistency with such guidelines.Requires the Director: (1) before submitting the statement and report and before preparing final guidelines, to provide public notice and an opportunity to comment and to consult with the Director of the Congressional Budget Office; and (2) to include an appendix to the report or guidelines, respectively, addressing public and peer review comments.Directs the Director to arrange for two or more persons that have nationally recognized expertise in regulatory analysis and regulatory accounting to provide peer review of each accounting statement and associated report and the guidelines before such statement, report, or guidelines are final. Requires the Director to ensure that: (1) the persons that provide peer review are fairly balanced with respect to the points of view represented; (2) no such person has a conflict of interest that is relative to the functions to be performed in the review; and (3) the comments provided by those persons are not inappropriately influenced by any special interest and are the result of independent judgment.Directs the head of each Federal banking agency and the National Credit Union Administration, and not the Director, to exercise all authority and carry out all duties otherwise vested under this Act in the Director with respect to that agency, other than the authority and duty to submit accounting statements and reports as required by this Act.Prohibits applying any provision of this Act to any matter relating to monetary policy that is proposed or promulgated by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

Regulatory Right-to-Know Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Development Lab Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) The effectiveness of United States foreign assistance can be greatly enhanced by fostering innovation, applying science and technology, and leveraging the expertise and resources of the private sector to find low-cost, common sense solutions to today's most pressing development challenges. (2) Breakthroughs that accelerate economic growth and produce better health outcomes in developing countries can help support the growth of healthier, more stable societies and foster trade relationships that translate into jobs and economic growth in the United States. (3) In 2014, the Office of Science and Technology and the Office of Innovation and Development Alliances at the United States Agency for International Development (USAID) were streamlined and merged into the United States Global Development Lab. (4) The Lab partners with entrepreneurs, experts, nongovernmental organizations, universities, and science and research institutions to find solutions to specific development challenges in a faster, more cost-efficient, and more sustainable way. (5) The Lab utilizes competitive innovation incentive awards, a ``pay-for-success'' model, whereby a development challenge is identified, competitions are launched, ideas with the greatest potential for success are selected and tested, and awards are provided only after the objectives of a competition have been substantially achieved. (6) Enhancing the authorities that support this pay-for- success model will better enable the Lab to diversify and expand both the number and sources of ideas that may be developed, tested, and brought to scale, thereby increasing USAID's opportunity to apply high value, low-cost solutions to specific development challenges. SEC. 3. UNITED STATES GLOBAL DEVELOPMENT LAB. (a) Establishment.--There is established in USAID an entity to be known as the United States Global Development Lab. (b) Duties.--The duties of the Lab shall include-- (1) increasing the application of science, technology, innovation and partnerships to develop and scale new solutions to end extreme poverty; (2) discovering, testing, and scaling development innovations to increase cost effectiveness and support United States foreign policy and development goals; (3) leveraging the expertise, resources, and investment of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact and sustainability; (4) utilizing innovation-driven competitions to expand the number and diversity of solutions to development challenges; and (5) supporting USAID missions and bureaus in applying science, technology, innovation, and partnership approaches to decisionmaking, procurement, and program design. (c) Authorities.-- (1) In general.--In carrying out the duties of the Lab under subsection (b), the Administrator, in addition to such other authorities as may be available to the Administrator, including authorities under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and subject to the limitations described in paragraph (3), is authorized to-- (A) provide innovation incentive awards (as defined in section 4(5) of this Act); and (B) use funds made available to carry out the provisions of part I of the Foreign Assistance Act of 1961 for each of the fiscal years 2017 through 2021 for the employment of not more than 30 individuals on a limited term basis pursuant to schedule A of subpart C of part 213 of title 5, Code of Federal Regulations, or similar provisions of law or regulations. (2) Recovery of funds.-- (A) Authority.-- (i) In general.--In carrying out the duties of the Lab under subsection (b), the Administrator, subject to the limitation described in clause (ii), is authorized to require a person or entity that receives funding under a grant, contract, or cooperative agreement made by the Lab to return to the Lab any program income that is attributable to funding under such grant, contract, or cooperative agreement. (ii) Limitation.--The amount of program income that a person or entity is required to return to the Lab under clause (i) shall not exceed the amount of funding that the person or entity received under the grant, contract, or cooperative agreement. (B) Treatment of payments.-- (i) In general.--The amount of any program income returned to the Lab pursuant to subparagraph (A) may be credited to the account from which the obligation and expenditure of funds under the grant, contract, or cooperative agreement described in subparagraph (A) was made. (ii) Availability.-- (I) In general.--Except as provided in subclause (II), amounts returned and credited to an account under clause (i)-- (aa) shall be merged with other funds in the account; and (bb) shall be available, subject to appropriation, for the same purposes and period of time for which other funds in the account are available for programs and activities of the Lab. (II) Exception.--Amounts returned and credited to an account under clause (i) may not be used to pay for the employment of individuals described in paragraph (1)(B). (3) Limitations.-- (A) In general.--Concurrent with the submission of the Congressional Budget Justification for Foreign Operations for each fiscal year, the Administrator shall submit to the appropriate congressional committees a detailed accounting of USAID's use of authorities under this section, including the sources, amounts, and uses of funding under each of paragraphs (1) and (2). (B) Innovation incentive awards.--In providing innovation incentive awards under paragraph (1)(A), the Administrator shall-- (i) limit the amount of individual awards for fiscal year 2017 to not more than $100,000; (ii) limit the total number of awards for fiscal year 2017 to not more than 10 awards; and (iii) notify the appropriate congressional committees not later than 15 days after providing each such award. (C) Staff.--In exercising the authority under paragraph (1)(B), the Administrator should seek to ensure that increases in the number of staff assigned to the Lab are offset by an equivalent reduction in the total number of staff serving elsewhere in USAID. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committees on Foreign Relations and the Committee on Appropriations of the Senate. (3) Lab.--The term ``Lab'' means the United States Global Development Lab established under section 3. (4) USAID.--The term ``USAID'' means the United States Agency for International Development. (5) Innovation incentive award.--The term ``innovation incentive award'' means the provision of funding on a competitive basis that-- (A) encourages and rewards the development of solutions for a particular, well-defined problem relating to the alleviation of poverty; or (B) helps identify and promote a broad range of ideas and practices, facilitating further development of an idea or practice by third parties. Passed the House of Representatives September 21, 2016. Attest: KAREN L. HAAS, Clerk.

Global Development Lab Act of 2016 (Sec. 3) This bill establishes in the U.S. Agency for International Development (USAID) the United States Global Development Lab, the duties of which shall include: increasing the application of science, technology, innovation, and partnerships to develop new solutions to end extreme poverty; discovering and testing innovations to increase cost effectiveness and support U.S. foreign policy and development goals; leveraging the expertise and resources of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact; and supporting USAID missions and bureaus in applying science, technology, innovation, and partnership approaches to decision making, procurement, and program design. USAID may (1) provide innovation incentive awards; and (2) use certain funds for each of FY2017-FY2021 to employ up to 30 individuals on a limited term basis. (Sec. 4) "Innovation incentive award" means the provision of funding on a competitive basis that: (1) encourages the development of solutions for a particular, well-defined problem relating to the alleviation of poverty; or (2) helps identify and promote a broad range of ideas and practices facilitating third party development of an idea or practice.

Global Development Lab Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Perkins County Rural Water System Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) in 1977, the North Dakota State Legislature authorized and directed the State Water Commission to conduct the Southwest Area Water Supply Study, which included water service to a portion of Perkins County, South Dakota; (2) amendments made by the Garrison Diversion Unit Reformulation Act of 1986 (Public Law 101-294) authorized the Southwest Pipeline project as an eligible project for Federal cost share participation; and (3) the Perkins County Rural Water System has continued to be recognized by the State of North Dakota, the Southwest Water Authority, the North Dakota Water Commission, the Department of the Interior, and Congress as a component of the Southwest Pipeline Project. SEC. 3. DEFINITIONS. In this Act: (1) Corporation.--The term ``Corporation'' means the Perkins County Rural Water System, Inc., a nonprofit corporation established and operated under the laws of the State of South Dakota substantially in accordance with the feasibility study. (2) Feasibility study.--The term ``feasibility study'' means the study entitled ``Feasibility Study for Rural Water System for Perkins County Rural Water System, Inc.'', as amended in March 1995. (3) Project construction budget.--The term ``project construction budget'' means the description of the total amount of funds that are needed for the construction of the water supply system, as described in the feasibility study. (4) Pumping and incidental operational requirements.--The term ``pumping and incidental operational requirements'' means all power requirements that are incidental to the operation of the water supply system by the Corporation. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (6) Water supply system.--The term ``water supply system'' means intake facilities, pumping stations, water treatment facilities, cooling facilities, reservoirs, and pipelines operated by the Perkins County Rural Water System, Inc., to the point of delivery of water to each entity that distributes water at retail to individual users. SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM. (a) In General.--The Secretary shall make grants to the Corporation for the Federal share of the costs of-- (1) the planning and construction of the water supply system; and (2) repairs to existing public water distribution systems to ensure conservation of the resources and to make the systems functional under the new water supply system. (b) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply system until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the water supply system; and (2) a final engineering report and a plan for a water conservation program have been prepared and submitted to Congress for a period of not less than 90 days before the commencement of construction of the system. SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation of fish and wildlife losses incurred as a result of the construction and operation of the water supply system shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the feasibility study. SEC. 6. USE OF PICK-SLOAN POWER. (a) In General.--From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, the Western Area Power Administration shall make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply system during the period beginning May 1 and ending October 31 of each year. (b) Conditions.--The capacity and energy described in subsection (a) shall be made available on the following conditions: (1) The Corporation shall be operated on a not-for-profit basis. (2) The Corporation may contract to purchase its entire electric service requirements for the water supply system, including the capacity and energy made available under subsection (a), from a qualified preference power supplier that itself purchases power from the Western Area Power Administration. (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be the firm power rate schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration in effect when the power is delivered by the Administration. (4) It shall be agreed by contract among-- (A) the Western Area Power Administration; (B) the power supplier with which the Corporation contracts under paragraph (2); (C) the power supplier of the entity described in subparagraph (B); and (D) the Corporation; that in the case of the capacity and energy made available under subsection (a), the benefit of the rate schedule described in paragraph (3) shall be passed through to the Corporation, except that the power supplier of the Corporation shall not be precluded from including, in the charges of the supplier to the water system for the electric service, the other usual and customary charges of the supplier. SEC. 7. FEDERAL SHARE. The Federal share under section 4 shall be 75 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after March 1, 1995. SEC. 8. NON-FEDERAL SHARE. The non-Federal share under section 4 shall be 25 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after March 1, 1995. SEC. 9. CONSTRUCTION OVERSIGHT. (a) Authorization.--At the request of the Corporation, the Secretary may provide the Corporation assistance in overseeing matters relating to construction of the water supply system. (b) Project Oversight Administration.--The amount of funds used by the Secretary for planning and construction of the water supply system may not exceed an amount equal to 3 percent of the amount provided in the total project construction budget for the portion of the project to be constructed in Perkins County, South Dakota. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary-- (1) $15,000,000 for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after March 1, 1995. Passed the Senate March 25, 1999. Attest: GARY SISCO, Secretary.

Perkins County Rural Water System Act of 1999 - Directs the Secretary of the Interior to make grants to the Perkins County Rural Water System, Inc. (Corporation) for the Federal share of the costs of: (1) planning and construction of the Corporation's water supply system; and (2) repairs to existing public water distribution systems to ensure conservation of resources and to make such systems functional under the new water supply system. Prohibits the obligation of water supply system construction funds until: (1) Federal environmental compliance requirements have been met; and (2) a final engineering report and plan for a water conservation program have been prepared and submitted to the Congress for at least a 90-day period. Requires the mitigation of fish and wildlife losses during water supply system construction and operation on an acre-for-acre basis, based on ecological equivalency, and concurrent with project construction. Directs the Western Area Power Administration to make available, from power produced under the Pick-Sloan Missouri River Basin Program, the capacity and energy required to meet the pumping and incidental operational requirements of the water supply system from May 1 to October 31 of each year. Provides power use conditions. Provides the Federal share (75 percent) of such water supply system costs. Authorizes the Secretary, at the Corporation's request, to provide the Corporation assistance in overseeing matters relating to water supply system construction. Limits the amount that may be used by the Secretary for planning and construction of the water supply system to three percent of the total project construction budget for the portion of the project to be constructed in Perkins County, South Dakota. Authorizes appropriations.

Perkins County Rural Water System Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethics in Government Reform Act of 1993''. SEC. 2. SPECIAL RULES FOR HIGHLY PAID EXECUTIVE APPOINTEES AND MEMBERS OF CONGRESS AND HIGHLY PAID CONGRESSIONAL EMPLOYEES. (a) In General.-- (1) Appearances before agency.-- Section 207(d) of title 18, United States Code, is amended by adding at the end thereof the following: ``(3) Restrictions on political appointees.--(A) In addition to the restrictions set forth in subsections (a), (b), and (c) and paragraph (1) of this subsection, any person who-- ``(i) serves in the position of Vice President of the United States; or ``(ii) is employed in a position subject to Presidential appointment in the executive branch of the United States (including any independent agency) at a rate of pay equal to or greater than the rate of pay payable for level V of the Executive Schedule, and who, after the termination of his or her service or employment as such officer or employee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of a department or agency in which such person served within 5 years before such termination, during a period beginning on the termination of service or employment as such officer or employee and ending 5 years after the termination of service in the department or agency, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title. ``(B) In addition to the restrictions set forth in subsections (a), (b), and (c) and paragraph (1) of this subsection, any person who is employed in a position in the Executive Office of the President at a rate of pay equal to or greater than the rate of pay payable for level V of the Executive Schedule, and who-- ``(i) after the termination of his or her service or employment as such employee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of a department or agency with respect to which the person had substantial personal responsibility within 5 years before such termination, during a period beginning on the termination of service or employment as such employee and ending 5 years after the termination of substantial personal responsibility with respect to the department or agency, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency; or ``(ii) within 2 years after the termination of his or her service or employment as such employee, knowingly makes, with the intent to influence, any communication to or appearance before any person described in paragraph (2)(B) on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by the person described in paragraph (2)(B), shall be punished as provided in section 216 of this title.''. (2) Foreign agents.--Section 207(f) of title 18, United States Code, is amended by-- (A) redesignating paragraph (2) as paragraph (3); (B) adding after paragraph (1) the following: ``(2) Special restrictions.--Any person who-- ``(A) serves in the position of Vice President of the United States; ``(B) is employed in a position subject to Presidential appointment in the executive branch of the United States (including any independent agency) at a rate of pay equal to or greater than the rate of pay payable for level V of the Executive Schedule; ``(C) is employed in a position in the Executive Office of the President at a rate of pay equal to or greater than the rate of pay payable for level V of the Executive Schedule; or ``(D) is a Member of Congress or employed in a position by the Congress at a rate of pay equal to or greater than the rate of pay payable for level V of the Executive Schedule, and who after such service or employment acts as an agent of a foreign government or foreign political party shall be punished as provided in section 216 of this title.''. (3) Trade negotiators.--Section 207(b)(1) of title 18, United States Code, is amended by-- (A) inserting ``(A)'' after ``In general.--''; and (B) adding at the end thereof the following: ``(B) For any person who-- ``(i) is employed in a position subject to Presidential appointment in the executive branch of the United States (including any independent agency) at a rate of pay equal to or greater than the rate of pay payable for level V of the Executive Schedule; ``(ii) is employed in a position in the Executive Office of the President at a rate of pay equal to or greater than the rate of pay payable for level V of the Executive Schedule; or ``(iii) is a Member of Congress or employed in a position by the Congress at a rate of pay equal to or greater than the rate of pay payable for level V of the Executive Schedule, the restricted period after service referred to in subparagraph (A) shall be permanent.''. (4) Congress.--Section 207(e) of title 18, United States Code, is amended-- (A) in paragraph (1)(A) by striking ``within 1 year'' and inserting ``within 2 years''; (B) in paragraph (1) by adding at the end thereof the following: ``(D) Any person who is a Member of Congress and who, within 5 years after leaving the position, knowingly makes, with intent to influence, any communication to or appearance before any committee member or a staff member of any committee over which the Member had jurisdiction, on behalf of any other person (except the United States) in connection with any matter on which such former Member seeks action by the committee member or a staff member of the committee in his or her official capacity, shall be punished as provided in section 216 of this title.''; (C) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (D) by inserting after paragraph (5) the following new paragraph: ``(6) Highly paid staffers.--For any person described in paragraph (2), (3), (4), or (5), employed in a position at a rate of pay equal to or greater than the rate of pay payable for level V of the Executive Schedule-- ``(A) the restriction provided in paragraph (1)(A) shall apply; and ``(B) the restricted period after termination in paragraph (2), (3), (4), or (5), applicable to such person shall be 5 years.''. (b) Penalties.-- (1) Future lobbying.--Section 216 of title 18, United States Code, is amended by adding at the end thereof the following: ``(d) In addition to the penalties provided in subsections (a), (b), and (c), the punishment for violations of section 207 may include a prohibition on lobbying the United States for a period of not to exceed 5 years for each violation.''. (2) Use of profits.--Section 216(b) of title 18, United States Code, is amended by adding after the first sentence the following: ``Any amount of compensation recovered pursuant to the preceding sentence for a violation of section 207 shall be deposited in the general fund of the Treasury to reduce the deficit.''. SEC. 3. EFFECTIVE DATE. The restrictions contained in section 207 of title 18, United States Code, as added by section 2 of this Act-- (1) shall apply only to persons whose service as officers or employees of the Government, or as Members of Congress terminates on or after the date of the enactment of this Act; and (2) in the case of officers, employees, and Members of Congress described in section 207(b)(1)(B) of title 18, United States Code (as added by section 2 of this Act), shall apply only with respect to participation in trade negotiations or treaty negotiations, and with respect to access to information, occurring on or after such date of enactment.

Ethics in Government Reform Act of 1993 - Codifies in the Federal criminal code the lobbying restrictions on senior executive branch appointees under Executive Order 12834, generally, and extends those restrictions to Members of Congress and highly paid staffers.

Ethics in Government Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Preventive Health Awareness Campaign''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Well-woman visits are the foundation on which women's preventive care is built. Such visits include not only specific screening tests, but also a medical history, physical examination, evaluation and counseling, and, as indicated, vaccinations. (2) Well-woman visits facilitate increased access to health care that is shown to identify chronic disease risk factors, promote well-being, and decrease the likelihood or delay the onset of a targeted disease or condition. (3) Heart disease, stroke, and other cardiovascular diseases are the number one cause of death in American women, responsible for 1 in every 4 female deaths. (4) Women are more likely than men to have forgone needed health care due to cost; 1 in 5 women postponed preventive services in the past year due to cost. (5) Between 2002 and 2010, screening mammography rates among women in the United States who were 50 years of age to 64 years of age declined from about 79 percent to 73 percent. (6) In 2010, only 45 percent of 18- to 64-year-olds in the United States reported having ever received an HIV test. (7) Among sexually active females in the United States ages 16-25 years of age, only 44.7 percent were screened for Chlamydia. (8) The proportion of women in the United States 22 years of age to 30 years of age who reported never having had a Pap test increased from 6.6 percent in 2000 to 9.0 percent in 2010 despite current recommendations that they receive a Pap test every three years. (9) In 2007, 29.3 percent of women in the United States delivering a live birth did not receive any prenatal care in the first trimester, even though first trimester prenatal care is recommended. (10) During the 2013-2014 flu season, almost 48 percent of pregnant women did not receive recommended vaccination against influenza. (11) Over half (51 percent) of the 6.6 million pregnancies in the United States each year are unintended. Multiple studies have shown that improved access to birth control significantly improves the health of women and their families, as it is directly linked to improved maternal and infant health outcomes. Women that plan their pregnancies are more likely to access prenatal care, improving their own health and the health of their children. (12) Between 2006 and 2010, one-third of all pregnancies were conceived within 18 months of a previous birth, an interval that is potentially harmful to the health of the mother. (13) Improved access to family planning also saves money. For every $1.00 invested in family planning, taxpayers save more than $5.00 in Medicaid-related expenses. SEC. 3. WOMEN'S PREVENTIVE HEALTH AWARENESS CAMPAIGN. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et al.) is amended by adding at the end the following new section: ``SEC. 399V-6. WOMEN'S PREVENTIVE HEALTH AWARENESS CAMPAIGN. ``(a) In General.--The Secretary shall provide for the planning and implementation of a national public outreach and education campaign to raise public awareness, including provider awareness, of women's preventive health. Such campaign shall include the media campaign under subsection (b) and the website under subsection (c) and shall provide for the dissemination of information that-- ``(1) describes the guidelines for women's preventive services, including the cervical cancer recommendations updated in 2012, by the United States Preventive Services Task Force, by the American College of Obstetricians and Gynecologists (ACOG), and by the American Cancer Society, the American Society for Colposcopy and Cervical Pathology, and the American Society for Clinical Pathology; ``(2) promotes well-woman visits for health assessments which include screenings, evaluations, counseling, immunizations, and prenatal visits, as appropriate; ``(3) explains the women's preventive services that are required under section 2713 to be covered without cost-sharing by a group health plan or a health insurance issuer offering group or individual health insurance coverage that is not a grandfathered plan (as defined in section 1251(e) of the Patient Protection and Affordable Care Act); and ``(4) addresses health disparities in the area of women's prevention. ``(b) Media Campaign.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, as part of the campaign under subsection (a), the Secretary shall establish and implement a national media campaign. ``(2) Requirement of campaign.--The campaign implemented under paragraph (1)-- ``(A) shall disseminate information about the updated guidelines for women's preventive services described in subsection (a)(1), promote well-woman visits described in subsection (a)(2), and provide information on the women's preventive services described in subsection (a)(3); and ``(B) may include the use of television, radio, Internet, and other commercial marketing venues. ``(c) Website.--As part of the campaign under subsection (a), the Secretary shall, in consultation with private sector experts or through contract with a private entity including a medical association or non- profit organization, maintain and update an Internet website to provide information and resources about the updated guidelines for women's preventive services described in subsection (a)(1), promote well-woman visits, and provide information on the women's preventive services described in subsection (a)(3). ``(d) Funding.--The Secretary may use, out of any funds otherwise made available to the Department of Health and Human Services, such sums as may be necessary to carry out this section.''. SEC. 4. CLARIFICATION OF COVERAGE FOR WOMEN'S PREVENTIVE HEALTH SERVICES. Section 2713 of the Public Health Service Act (42 U.S.C. 300gg-13) is amended by adding at the end the following new subsection: ``(d) Clarification of Coverage for Women's Preventive Health Services.--In applying subsection (a), with respect to women, the following shall apply: ``(1) Well-woman visits, in addition to such well-woman visits recommended in the Health Resources and Services Administration guidelines shall be treated as described in paragraph (4) of such subsection, with respect to a woman, if a health care provider determines that such woman requires such additional well-woman visits to obtain all necessary preventive services recommended under such guidelines and under this section, depending on the woman's health status, health needs, and other risk factors. ``(2) The entirety of any such well-woman visit shall be treated as described in such paragraph (4) and any additional facility fee or office visit fee shall be in violation of the requirement under such subsection to provide for coverage of such visit without the imposition of any cost sharing requirement. ``(3) If a recommendation or guideline pursuant to subsection (a) with respect to a preventive service does not specify the frequency, method, treatment, or setting for the provision of such service, the plan or issuer involved may use reasonable medical management techniques to determine any coverage limitations with respect to frequency, method, treatment, or setting for the provision of such service. ``(4) If a preventive service to which this section is applicable is furnished to a woman by a health care provider who is not within the provider network of the group health plan or health insurance coverage in which the woman is enrolled and there is no health care provider who is within such network who has the capacity to provide the service, then such service furnished by such out-of-network provider shall be covered under such plan or coverage without the imposition of any cost sharing requirement. ``(5) Nothing in this section or any regulation implementing this section shall be construed as requiring that each preventive health service to which this section applies be provided in a separate visit. Efficient care delivery and the delivery of multiple prevention and screening services at a single visit shall be permissible under this section and such regulations as a reasonable medical management technique. ``(6) In determining the categorization of a service under this section as having a rating of `A' or `B' in the recommendations of the United States Preventive Services Task Force, a woman who is at high risk for a disease by reason of the family or personal history of such woman with respect to such disease, shall be treated in the same manner as a woman identified at high risk for such disease by reason of being among a population at high risk for such disease. ``(7) In applying paragraph (6), in the case that a health care provider determines that a woman is at high risk for a disease such woman shall be treated as at high risk for such disease. ``(8) ``The recommendation applied pursuant to subsection (a) for genetic counseling and evaluation for routine breast cancer susceptibility gene (BRCA) shall be treated as including a recommendation for both genetic counseling and BRCA testing, if appropriate, for a woman as determined by the health care provider of such woman. ``(9) The recommendation applied pursuant to subsection (a) for annual HIV counseling and screening for all sexually active women, shall be treated as applying to testing as well as screening. ``(10) The recommendation applied pursuant to subsection (a) for breast-feeding support shall be treated as including comprehensive prenatal and postnatal lactation support, counseling, and rental or purchase of equipment for the duration of breast-feeding, subject to reasonable medical management. ``(11) The guidelines supported under subsection (a)(4) shall be treated as including the recommendation of one form of contraception in each of the methods identified by the Food and Drug Administration in its current Birth Control Guide as well as clinical services needed for provision of such contraceptive method, including patient education and counseling. ``(12) In applying paragraph (11), within each method described in such paragraph, a group health plan or health insurance issuer may utilize reasonable medical management techniques and may impose cost sharing on some items and services to encourage an individual to use specific items and services within the chosen contraceptive method, such as for purposes of discouraging the use of brand name pharmacy items over generic pharmacy items or for purposes of encouraging the use of one of several intrauterine devices with progestin approved by the Food and Drug Administration. ``(13) Services related to follow-up and management of side effects, counseling for continued adherence, and device removal, subject to reasonable medical management, shall be treated as described in paragraph (4) of such subsection.''. SEC. 5. INSTITUTE OF MEDICINE STUDY AND REPORT. (a) Study.--The Secretary of Health and Human Services shall enter into an agreement with the Institute of Medicine (or, if the Institute declines to enter into such an agreement, another appropriate entity) to conduct a study to provide recommendations on the appropriate billing codes that should be included in a well-woman visit described in subsection (d)(1) of section 2713 of the Public Health Service Act (42 U.S.C. 300gg-13), as added by section 4. (b) Report.--The Secretary shall ensure that not later than 12 months after the date of the enactment of this Act a report containing the recommendations under subsection (a), including a comprehensive list of codes described in such subsection, is submitted to Congress.

Women's Preventive Health Awareness Campaign This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to provide for a national public outreach and educational campaign, including a website, to raise awareness of women's preventive health. The campaign must describe guidelines for women's preventive services, promote well-woman visits, explain the women's preventive services that are covered by health insurance without patient cost sharing, and address health disparities. Well-woman visits that a health care provider determines a woman needs in order to obtain all necessary preventive services must be covered by health insurance without patient cost sharing. Health insurers may limit coverage of women's preventive services where guidelines do not specify the frequency, method, treatment, or setting for the services. Cost sharing for a preventive health service provided by an out-of-network provider shall not be imposed if a woman does not have an in-network provider with the capacity to provide the service. For a preventive health service that varies based on the patient's risk of disease, a woman must be treated as being at high risk for a disease if she has a family history of the disease or if a health care provider determines she is at high risk. Requirements are described for women's preventive services coverage of breast cancer susceptibility screening, HIV testing, breastfeeding support, and contraception. HHS must enter into an agreement with the Institute of Medicine (or another entity) to study and recommend the appropriate billing codes for a well-woman visit.

Women's Preventive Health Awareness Campaign

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Assisting Family Farmers through Insurance Reform Measures Act'' or the ``AFFIRM Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Adjusted gross income and per person limitations on share of insurance premiums paid by Corporation. Sec. 3. Cap on reimbursements for administrative and operating expenses of crop insurance providers. Sec. 4. Renegotiation of Standard Reinsurance Agreement. Sec. 5. Cap on overall rate of return for crop insurance providers. Sec. 6. Prohibition on premium subsidy for harvest price policies. Sec. 7. Crop insurance premium subsidies disclosure in the public interest. SEC. 2. ADJUSTED GROSS INCOME AND PER PERSON LIMITATIONS ON SHARE OF INSURANCE PREMIUMS PAID BY CORPORATION. Section 508(e)(1) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(1)) is amended-- (1) by striking ``For the purpose'' and inserting the following: ``(A) Payment authority.--For the purpose''; and (2) by adding at the end the following: ``(B) Adjusted gross income limitation.--The Corporation shall not pay a part of the premium for additional coverage for any person or legal entity that has an average adjusted gross income (as defined in section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(a))) in excess of $250,000. ``(C) Per person limitation.--The Corporation shall not pay more than $40,000 per reinsurance year to any person or legal entity for premiums under this section.''. SEC. 3. CAP ON REIMBURSEMENTS FOR ADMINISTRATIVE AND OPERATING EXPENSES OF CROP INSURANCE PROVIDERS. Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)) is amended by adding at the end the following: ``(G) Additional cap on reimbursements.-- ``(i) In general.--Notwithstanding subparagraphs (A) through (F), total reimbursements for administrative and operating costs for the 2015 reinsurance year for all types of policies and plans of insurance shall not exceed $900,000,000. ``(ii) Adjustment.--For the 2016 and each subsequent reinsurance year, the dollar amount in effect pursuant to clause (i) shall be increased by the same inflation factor as established for the administrative and operating costs cap in the 2011 Standard Reinsurance Agreement.''. SEC. 4. RENEGOTIATION OF STANDARD REINSURANCE AGREEMENT. Section 508(k)(8) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(8)) is amended by striking subparagraph (F). SEC. 5. CAP ON OVERALL RATE OF RETURN FOR CROP INSURANCE PROVIDERS. Section 508(k)(3) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(3)) is amended-- (1) by striking ``(3) Share of risk.--The'' and inserting the following: ``(3) Risk.-- ``(A) Share of risk.--The''; and (2) by adding at the end the following: ``(B) Cap on overall rate of return.--The target rate of return for all the companies combined for the 2015 reinsurance year and each subsequent reinsurance year shall be 8.9 percent of retained premium.''. SEC. 6. PROHIBITION ON PREMIUM SUBSIDY FOR HARVEST PRICE POLICIES. Section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)) is amended by adding at the end the following: ``(9) Prohibition on premium subsidy for harvest price policies.--Notwithstanding any other provision of law and beginning with the 2016 reinsurance year, the Corporation may not pay any amount of premium subsidy in the case of a policy or plan of insurance that is based on the actual market price of an agricultural commodity at the time of harvest.''. SEC. 7. CROP INSURANCE PREMIUM SUBSIDIES DISCLOSURE IN THE PUBLIC INTEREST. Section 502(c)(2) of the Federal Crop Insurance Act (7 U.S.C. 1502(c)(2)) is amended-- (1) by redesignating subparagraphs (A) and (B) as subparagraphs (C) and (D) respectively; and (2) by inserting before subparagraph (C) (as so redesignated) the following: ``(A) Disclosure in the public interest.-- Notwithstanding paragraph (1) or any other provision of law, except as provided in subparagraph (B), the Secretary shall on an annual basis make available to the public-- ``(i)(I) the name of each individual or entity who obtained a federally subsidized crop insurance, livestock, or forage policy or plan of insurance during the previous fiscal year; ``(II) the amount of premium subsidy received by the individual or entity from the Corporation; and ``(III) the amount of any Federal portion of indemnities paid in the event of a loss during that fiscal year for each policy associated with that individual or entity; and ``(ii) for each private insurance provider, by name-- ``(I) the underwriting gains earned through participation in the federally subsidized crop insurance program; and ``(II) the amount paid under this subtitle for-- ``(aa) administrative and operating expenses; ``(bb) any Federal portion of indemnities and reinsurance; and ``(cc) any other purpose. ``(B) Limitation.--The Secretary shall not disclose information pertaining to individuals and entities covered by a catastrophic risk protection plan offered under section 508(b).''.

Assisting Family Farmers through Insurance Reform Measures Act or the AFFIRM Act This bill amends the Federal Crop Insurance Act to require the Department of Agriculture (USDA) to reduce federal crop insurance payments and disclose details regarding subsidies. The bill prohibits premium subsidies: (1) for additional coverage for any person or legal entity that has an average adjusted gross income that exceeds $250,000, (2) that exceed $40,000 per year for any person or legal entity, or (3) for policies that are based on the actual market price of an agricultural commodity at the time of harvest. The bill establishes an annual cap on total reimbursements for administrative and operating costs of crop insurance providers that begins at $900 million for 2015 and is adjusted for inflation in each subsequent year. The overall rate of return for insurance providers is capped at 8.9%. The bill eliminates a requirement that any renegotiated Standard Insurance Agreement (SRA) be budget-neutral. (The SRA is an agreement between USDA and the private companies that administer the federal crop insurance program that specifies details such as administrative and operating expense reimbursements and risk sharing. Eliminating the budget neutrality requirement permits USDA to use the renegotiation of the SRA to achieve savings.) USDA must annually disclose to the public specified details regarding the recipients and amounts of federal crop insurance subsidies.

AFFIRM Act

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Waste Isolation Pilot Plant Land Withdrawal Amendment Act''. (b) Reference.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579). SEC. 2. DEFINITIONS. Paragraphs (18) and (19) of section 2 are repealed. SEC. 3. TEST PHASE AND RETRIEVAL PLANS. Section 5 and the item relating to such section in the table of contents are repealed. SEC. 4. MANAGEMENT PLAN. Section 4(b)(5)(B) is amended by striking ``or with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)''. SEC. 5. TEST PHASE ACTIVITIES. Section 6 is amended-- (1) by repealing subsections (a) and (b), (2) by repealing paragraph (1) of subsection (c), (3) by redesignating subsection (c) as subsection (a) and in that subsection-- (A) by repealing subparagraph (A) of paragraph (2), (B) by striking the subsection heading and the matter immediately following the subsection heading and inserting ``Study.--The following study shall be conducted:'', (C) by striking ``(2) Remote-handled waste.--'', (D) by striking ``(B) Study.--'', (E) by redesignating clauses (i), (ii), and (iii) as paragraphs (1), (2), and (3), respectively, and (F) by realigning the margins of such clauses to be margins of paragraphs, (5) in subsection (d), by striking ``, during the test phase, a biennial'' and inserting ``a'' and by striking ``, consisting of a documented analysis of'' and inserting ``as necessary to demonstrate'', and (6) by redesignating subsection (d) as subsection (b). SEC. 6. DISPOSAL OPERATIONS. Section 7(b) is amended to read as follows: ``(b) Requirements for Commencement of Disposal Operations.--The Secretary may commence emplacement of transuranic waste underground for disposal at WIPP only upon completion of-- ``(1) the Administrator's certification under section 8(d)(1) that the WIPP facility will comply with disposal regulations; and ``(2) the acquisition by the Secretary (whether by purchase, condemnation, or otherwise) of Federal Oil and Gas Leases No. NMNM 02953 and No. NMNM 02953C, unless the Administrator determines, under section 4(b)(5), that such acquisition is not required.''. SEC. 7. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULATIONS. (a) Section 8(d)(1).--Section 8(d)(1) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) Application for compliance.--Within 30 days after the date of the enactment of the Waste Isolation Pilot Plant Land Withdrawal Amendment Act, the Secretary shall provide to Congress a schedule for the incremental submission of chapters of the application to the Administrator beginning no later than 30 days after such date. The Administrator shall review the submitted chapters and provide requests for additional information from the Secretary as needed for completeness within 45 days of the receipt of each chapter. The Administrator shall notify Congress of such requests. The schedule shall call for the Secretary to submit all chapters to the Administrator no later than October 31, 1996.''; and (2) in subparagraph (D), by striking ``after the application is'' and inserting ``after the full application has been''. (b) Section 8(d) (2), (3).--Section 8(d) is amended by striking paragraphs (2) and (3), by striking ``(1) Compliance with disposal regulations.--'', and by redesignating subparagraphs (A), (B), (C), and (D) of paragraph (1) as paragraph (1), (2), (3), and (4), respectively. (c) Section 8(g).--Section 8(g) is amended to read as follows: ``(g) Engineered and Natural Barriers, Etc.--The Secretary shall use both engineered and natural barriers and any other measures to the extent necessary at WIPP to comply with final disposal regulations.''. SEC. 8. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS. (a) Section 9(a)(1).--Section 9(a)(1) is amended by adding after and below subparagraph (H) the following: ``With respect to transuranic mixed waste designated by the Secretary for disposal at WIPP, such waste is exempt from the land disposal restrictions published at part 268 of 40 C.F.R. because compliance with the environmental radiation protection standards published at part 191 of 40 C.F.R. renders compliance with the land disposal restrictions unnecessary to achieve desired environmental protection and a no migration variance is not required for disposal of transuranic mixed waste at WIPP.''. (b) Section 9(b).--Subsection (b) of section 9 is repealed. (c) Section 9(c).--Subsection (c) of section 9 is repealed. (d) Section 14.--Section 14 is amended-- (1) in subsection (a), by striking ``No provision'' and inserting ``Except for the exemption from the land disposal restrictions described in section 9(a)(1), no provision''; and (2) in subsection (b)(2), by striking ``including all terms and conditions of the No-Migration Determination'' and inserting ``except that the transuranic mixed waste designated by the Secretary for disposal at WIPP is exempt from the land disposal restrictions described in section 9(a)(1)''. SEC. 9. RETRIEVABILITY. (a) Section 10.--Section 10 is amended to read as follows: ``SEC. 10. TRANSURANIC WASTE. ``It is the intent of Congress that a decision will be made by the Secretary with respect to the disposal of transuranic waste no later than November 30, 1997.''. (b) Conforming Amendment .--The item relating to section 10 in the table of contents is amended to read as follows: ``Sec. 10. Transuranic waste.''. SEC. 10. DECOMMISSIONING OF WIPP. Section 13 is amended-- (1) by repealing subsection (a), and (2) in subsection (b), by striking ``(b) Management Plan for the Withdrawal After Decommissioning.--Within 5 years after the date of the enactment of this Act, the'' and inserting ``The''. SEC. 11. ECONOMIC ASSISTANCE AND MISCELLANEOUS PAYMENTS. Section 15(a) is amended-- (1) by striking ``to the Secretary for payments to the State $20,000,000 for each of the 15 fiscal years beginning with the fiscal year in which the transport of transuranic waste to WIPP is initiated'' and inserting ``to the State $20,000,000 for each of the 15 fiscal years beginning with the date of the enactment of the Waste Isolation Pilot Plant Land Withdrawal Amendment Act'', and (2) by adding at the end the following: ``An appropriation to the State shall be in addition to any appropriation for WIPP.''. SEC. 12. NON-DEFENSE WASTE. Section 7(a) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following: ``(3) Non-defense waste.--Within the limits prescribed in paragraphs (1) and (2) and within the capacity prescribed by paragraph (4), WIPP may receive transuranic waste from the Secretary which did not result from a defense activity.''.

Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act (WIPP Act) to remove certain provisions relating to: (1) compliance of specified Federal oil and gas leases with the Solid Waste Disposal Act; (2) test phase; (3) requirements for the commencement of disposal operations; and (4) disposal regulations. Revises parameters for compliance with Environmental Protection Agency (EPA) disposal regulations to require the Secretary of Energy to provide to the Congress a schedule for the incremental submission of chapters of the WIPP EPA-compliance application to the EPA Administrator within a prescribed time frame. Repeals the requirement that the Secretary use waste form modifications of engineered and natural barriers to comply with final disposal regulations at WIPP, but requires use of any other measures necessary, in addition to engineered and natural barriers, to achieve compliance. Exempts transuranic mixed waste designated for disposal at the Waste Isolation Pilot Plant (WIPP) project from the land disposal restrictions in specified Federal regulations. Removes certain provisions: (1) relating to determination of noncompliance during the disposal and decommissioning phases; and (2) declaring that the authorities provided to the Administrator and the State (under provisions relating to compliance with environmental laws and regulations) are in addition to the enforcement authorities available to the State under State law and to the Administrator, the State, and any other person under the Solid Waste Disposal Act and the Clean Air Act. Replaces provisions relating to retrievability with provisions declaring that it is the intent of the Congress that a decision will be made by the Secretary regarding the disposal of transuranic waste no later than a specified date. Removes provisions: (1) mandating a plan for the decommissioning of WIPP; and (2) setting a deadline for a plan for the management and use of the Withdrawal (the WIPP withdrawal site) following WIPP decommissioning or termination of the land withdrawal. Authorizes appropriations to the State of New Mexico (currently, to the Secretary for payments to the State of New Mexico) for 15 fiscal years beginning on the date of enactment of the WIPP Act (currently, beginning in the first fiscal year in which the transport of transuranic waste to WIPP is initiated). Declares that an appropriation to the State shall be in addition to any appropriation for WIPP. Allows WIPP to receive transuranic waste from the Secretary that did not result from a defense activity.

Waste Isolation Pilot Plant Land Withdrawal Amendment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Capitol Expansion and Improvement Act of 2008''. SEC. 2. EXPENSING FOR CERTAIN REAL PROPERTY. (a) In General.--Part VI of subchapter B of chapter 1 is amended by inserting after section 179E the following new section: ``SEC. 179F. ELECTION TO EXPENSE CERTAIN REAL PROPERTY. ``(a) Treatment as Expenses.--In the case of a taxpayer described in subsection (e), the taxpayer may elect to treat the cost of any qualified real property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified real property is placed in service. ``(b) Limitation.-- ``(1) In general.--The aggregate cost which may be taken into account under subsection (a) for any taxable year shall not exceed $125,000. ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2009, the $125,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(c) Election.-- ``(1) In general.--An election under this section for any taxable year shall be made on the taxpayer's return of the tax imposed by this chapter for the taxable year. Such election shall specify the qualified real property to which the election applies and shall be made in such manner as the Secretary may by regulations prescribe. ``(2) Election irrevocable.--Any election made under this section may not be revoked except with the consent of the Secretary. ``(d) Qualified Real Property.--For purposes of this section, the term `qualified real property' means section 1250 property (as defined by section 1250(c)) located in the United States-- ``(1) the original use of which commences with the taxpayer, and ``(2) which is placed in service by the taxpayer after the date of the enactment of this section. ``(e) Taxpayer Described.-- ``(1) In general.--A taxpayer is described in this subsection if, for the immediately prior taxable year, the taxpayer (or any predecessor) met the $5,000,000 gross receipts test of paragraph (2). ``(2) $5,000,000 gross receipts test.--For purposes of paragraph (1)-- ``(A) In general.--A taxpayer meets the $5,000,000 gross receipts test of this paragraph for a taxable year if the average annual gross receipts of the taxpayer for the 3-taxable-year period ending with such taxable year does not exceed $5,000,000. ``(B) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of subparagraph (A). ``(C) Not in existence for entire 3-year period.-- If the taxpayer was not in existence for the entire 3- year period referred to in subparagraph (A), such paragraph shall be applied on the basis of the period during which the taxpayer (or trade or business) was in existence. ``(D) Special rules.--For purposes of subparagraph (A), the rules of paragraph (3) of section 448(c) shall apply. ``(f) Reporting.--No deduction shall be allowed under subsection (a) to any taxpayer for any taxable year unless the taxpayer files with the Secretary a report containing such information as the Secretary shall require.''. (b) Conforming Amendments.-- (1) Section 263(a)(1) is amended by striking ``or'' at the end of subparagraph (K), by striking the period at the end of subparagraph (L) and inserting ``, or'', and by inserting after subparagraph (L) the following new subparagraph: ``(M) expenditures for which a deduction is allowed under section 179F.''. (2) Section 312(k)(3)(B) is amended by striking ``or 179E'' each place it appears in the heading and text thereof and inserting ``179E, or 179F''. (3) The table of sections for part VI of subchapter B of chapter 1 is amended by inserting after the item relating to section 179E the following new item: ``Sec. 179F. Election to expense certain real property.''. (c) Effective Date.--The amendments made by this section shall apply to costs paid or incurred after the date of the enactment of this Act.

Small Business Capitol [sic] Expansion and Improvement Act of 2008 - Amends the Internal Revenue Code to allow employers whose average annual gross receipts over a three-year period do not exceed $5 million an election to expense up to $125,000 of the cost of depreciable real property.

To amend the Internal Revenue Code of 1986 to allow the expensing of certain real property.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Advantage and Prescription Drug Accountability Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Requirement for reasonable return of benefits. Sec. 3. Financial transparency. Sec. 4. Beneficiary sign-off. Sec. 5. Annual accountability reports. Sec. 6. Auditing of actuarial equivalency. Sec. 7. Report comparing costs and benefits under Medicare Advantage plans, medicare supplemental policies, and fee-for-service medicare. Sec. 8. Annual report on drug claim denials. Sec. 9. Medicare Prescription Drug Ombudsman. SEC. 2. REQUIREMENT FOR REASONABLE RETURN OF BENEFITS. (a) Medicare Advantage Plans.--Section 1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following new paragraph: ``(4) Negotiation for loss and administrative cost ratios.-- ``(A) In general.--The contract with an MA organization under this part shall provide for the following: ``(i) Minimum loss ratio.--Aggregate average benefits that are at least a minimum ratio of the aggregate average revenues collected under the contract. ``(ii) Maximum administrative cost ratio.-- Aggregate average administrative costs that do not exceed a maximum ratio of the aggregate average revenues collected under the contract. ``(B) Establishment of ratios.--The ratios under clauses (i) and (ii) of subparagraph (A) shall be established by the Secretary. In establishing such ratios, the Secretary shall take into account, at a minimum, ratios typical of those-- ``(i) under private health insurance plans; ``(ii) under parts A and B of this title; and ``(ii) under health benefits plans offered under chapter 89 of title 5, United States Code (relating to the Federal Employees Health Benefits Program).''. (b) Audit of Administrative Costs and Compliance With the Federal Acquisition Regulation.--Section 1857(d)(2)(B) of such Act (42 U.S.C. 1395w-27(d)(2)(B)) is amended-- (1) by striking ``or (ii)'' and inserting ``(ii)''; and (2) by inserting before the period at the end the following: ``, or (iii) to compliance with the requirements of subsection (e)(4)(A) and the extent to which administrative costs comply with the applicable requirements for such costs under the Federal Acquisition Regulation''. (c) Application to Prescription Drug Plans.--The amendments made by subsections (a) and (b) apply, pursuant to section 1860D-12(b)(3) of the Social Security Act (42 U.S.C. 1395w-112(b)(3)), to contracts with prescription drug sponsors under part D of title XVIII of such Act. (d) Effective Date.--The amendments made by this section shall apply for contract years beginning after the date of the enactment of this Act. SEC. 3. FINANCIAL TRANSPARENCY. (a) Medicare Advantage Plans.--Section 1851(d) of the Social Security Act (42 U.S.C. 1395w-21(d)) is amended by adding at the end the following new paragraph: ``(8) Financial transparency.-- ``(A) In general.--Each MA organization shall provide annually to the Secretary (in a form and manner specified by the Secretary), with respect to each MA plan it offers and not later than 3 months after the end of each contract year, information describing the organization's compliance with the requirements of section 1857(e)(4) and a functional listing of the organization's administrative costs (by category of such costs, including, at a minimum, marketing costs and claims processing costs), profits, and investment income (as defined by the Secretary), as a ratio of aggregate average revenues collected under the contract for that year. ``(B) Publication.--The Secretary shall publish the information provided under subparagraph (A) for each MA plan.''. (b) Conforming Application to Prescription Drug Plans.--Section 1860D-11(b)(2) of the Social Security Act 1395w-111(b)(2)) is amended by redesignating subparagraph (F) as subparagraph (G) and by inserting after subparagraph (E) the following new subparagraph: ``(F) Periodic auditing.--Information with respect to the prescription drug plan of the type described in section 1851(d)(8) with respect to an MA plan.''. (c) Effective Date.--The amendments made by this section shall apply to reporting of information for contract years to which the amendments made by section 2 apply. SEC. 4. BENEFICIARY SIGN-OFF. (a) Medicare Advantage Plans.--Section 1851(c)(2) of the Social Security Act (42 U.S.C. 1395w-21(c)(2)) is amended by adding at the end the following new subparagraph: ``(C) Beneficiary sign-off in election process.--An election to enroll with an MA plan shall not be effective unless the election form is signed by the individual and specifically acknowledges each of the following: ``(i) The premiums, cost-sharing requirements, and benefits under the plan may change at the beginning of each 12-month contract period. ``(ii) The individual may lose coverage of the individual's physician or other provider at the beginning of each such period. ``(iii) The plan may be terminated at the beginning of any such period. ``(iv) Premiums and benefits under the plan may vary based on the county or other MA area in which the plan is offered.''. (b) Application to Prescription Drug Plans.--The amendment made by subsection (a) applies, pursuant to section 1860D-1(b)(1)(B)(ii) of the Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(ii)), to prescription drug plans under part D of title XVIII of such Act. (c) Effective Date.--The amendment made by subsection (a) shall apply to elections made on or after the date specified by the Secretary of Health and Human Services, but in no case later than 60 days after the date of the enactment of this Act. SEC. 5. ANNUAL ACCOUNTABILITY REPORTS. (a) Medicare Advantage Accountability Report.--Section 1856 of the Social Security Act (42 U.S.C. 1395w-26) is amended-- (1) by amending the heading to read as follows: ``establishment of standards; annual accountability report''; and (2) by adding at the end the following new subsection: ``(c) Annual Accountability Report.-- ``(1) In general.--The Secretary shall compile, and transmit to Congress, at the end of each year (beginning with 2005), an annual Medicare Advantage accountability report. ``(2) Contents.--Each annual accountability report shall include the following: ``(A) A detailed analysis of geographic variation in cost-sharing and premiums among MA plans. ``(B) A comparison of the use of amounts paid to MA plans for benefit payments, administrative costs, and profits with the amounts expended under the fee-for- service programs under parts A and B for benefit payments and administrative expenses. ``(C) Recommendations for legislative changes to the Medicare Advantage program, or the fee-for-service programs under parts A and B, to assure that medicare beneficiaries under both programs have access to comparable benefits at comparable cost and that Government subsidies under the two programs are equivalent. ``(D) The results of audits conducted under section 1857(d) and enforcement actions taken in response to findings of inappropriate expenditures of funds under this part.''. (b) Prescription Drug Accountability Report.--Section 1860D-12 of such Act (42 U.S.C. 1395w-112) is amended by adding at the end the following new subsection: ``(h) Annual Accountability Report.-- ``(1) In general.--The Secretary shall compile, and transmit to Congress, at the end of each year (beginning with 2006), an annual prescription drug accountability report. ``(2) Contents.--Each annual accountability report shall include the same types of information (as specified by the Secretary) with respect to prescription drug plans as are provided under subparagraphs (A), (B), and (D) of section 1856(c)(2) with respect to MA plans.''. SEC. 6. AUDITING OF ACTUARIAL EQUIVALENCY. (a) Medicare Advantage Plans.--Section 1854(a)(5) of the Social Security Act (42 U.S.C. 1395w-24(a)(5)) is amended by adding at the end the following new subparagraph: ``(B) Periodic audits of actuarial equivalency determinations.--In the case of MA plans that provide for an actuarially equivalent level of benefits under this part, the Inspector General of the Department of Health and Human Services shall periodically audit a representative sample of the determinations made by the Secretary regarding such actuarial equivalency to ensure that the Secretary is only approving plans with benefits that are actuarially equivalent.''. (b) Application to Prescription Drug Plans.--Section 1860D-11(e) of the Social Security Act (42 U.S.C. 1395w-111(e)) is amended by adding at the end the following new paragraph: ``(3) Periodic auditing of actuarial equivalency determinations.--The provisions of section 1854(a)(5)(B) shall apply with respect to determinations of actuarial equivalence of benefits under prescription drug plans in the same manner as they apply to determinations of actuarial equivalence of benefits under MA plans.''. SEC. 7. REPORT COMPARING COSTS AND BENEFITS UNDER MEDICARE ADVANTAGE PLANS, MEDICARE SUPPLEMENTAL POLICIES, AND FEE-FOR- SERVICE MEDICARE. Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that compares the average benefit payments, administrative costs, profits, and investment income (expressed as a percentage of revenues collected) for MA plans with such average for the fee-for- service programs under parts A and B and for group and individual medicare supplemental policies. SEC. 8. ANNUAL REPORT ON DRUG CLAIM DENIALS. Section 1860D-4(h) of the Social Security Act (42 U.S.C. 1395w- 104(h)) is amended by adding at the end the following new paragraph: ``(4) Annual report on drug claims rejections and reversals on appeal.--Each PDP sponsor with respect to a prescription drug plan, and each MA organization with respect to an MA-PD plan, shall annually report to the Inspector General of the Department of Health and Human Services on the following: ``(A)(i) The percentage of claims for prescription drugs under the plan that are initially denied. ``(ii) The percentage of such claim denials that are appealed. ``(iii) The percentage of such appealed claim denials that are reversed upon appeal. ``(B) The volume of such claims denials that are based on-- ``(i) a medical necessity determination; ``(ii) the drug not being on a formulary; and ``(iii) other reasons.''. SEC. 9. MEDICARE PRESCRIPTION DRUG OMBUDSMAN. Section 1808 of the Social Security Act (42 U.S.C. 1395b-9) is amended by adding at the end the following new subsection: ``(d) Medicare Prescription Drug Ombudsman.-- ``(1) In general.--The Secretary shall appoint within the Department of Health and Human Services a Medicare Prescription Drug Ombudsman who shall have expertise and experience in the fields of health care and education of (and assistance to) individuals entitled to benefits under this title with respect to prescription drug coverage under part D of this title. ``(2) Duties.--The Medicare Prescription Drug Ombudsman shall-- ``(A) receive complaints, grievances, and requests for information submitted by individuals entitled to benefits under part D; ``(B) provide assistance with respect to complaints, grievances, and requests referred to in subparagraph (A), including-- ``(i) assistance in collecting relevant information for such individuals, to seek an appeal of a decision or determination made by a PDP sponsor or MA organization; ``(ii) assistance to such individuals with any problems arising from disenrollment from a PDP under part C or an MA-PD plan under part D; ``(C) provide assistance to beneficiaries in relation to State medicaid programs under title XIX and drug manufacturers in accessing medically necessary drugs that are excluded from coverage under part D; and ``(D) submit annual reports to Congress and the Secretary that describe the activities of the Office and that include such recommendations for improvement in the administration of part D of this title as the Ombudsman determines appropriate. The annual report under subparagraph (D) in 2007 and 2009 shall include information on the number of cases described in subparagraph (C) that are handled and the success rates in finding alternative sources of coverage.''.

Medicare Advantage and Prescription Drug Accountability Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require the contract with an Medicare Advantage (MA) organization to provide for a minimum loss ratio (aggregate average benefits that are at least a minimum ratio of the aggregate average revenues collected under the contract) and a maximum administrative cost ratio (aggregate average administrative costs that do not exceed a maximum ratio of the aggregate average revenues collected under the contract). Requires each contract with a Medicare+Choice organization to grant the Secretary of Health and Human Services the right to audit and inspect any books and records of the organization for compliance with such ratio and related administrative cost requirements. Applies such requirements to contracts with prescription drug sponsors under Medicare part D (Voluntary Prescription Drug Benefit Program). Prescribes requirements for financial transparency of MA plans. Renders an election to enroll with an MA plan ineffective unless the election form is signed by the individual and specifically acknowledges specified plan features. Applies such requirements to prescription drug plans under Medicare part D. Directs the Secretary to transmit to Congress annual MA accountability and prescription drug accountability reports. Requires periodic audits by the departmental Inspector General of the Secretary's determinations about the acturial equivalency of MA plans. Requires each prescription drug plan sponsor with respect to a prescription drug plan, and each MA organization with respect to an MA-PD plan, to report annually to the Inspector General on drug claims rejections and reversals on appeal. Directs the Secretary to appoint a Medicare prescription drug ombudsman.

To amend title XVIII of the Social Security Act to provide for improved accountability in the Medicare Advantage and prescription drug programs.

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-- (1) by striking out ``and'' at the end of each of the first three clauses; (2) by striking out ``: Now therefore,'' at the end of the last clause and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof 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 the Lumbee Indians have been recognized by the State of North Carolina as an Indian tribe since 1885; ``Whereas the Lumbee Indians have sought Federal recognition as an Indian tribe since 1888; and ``Whereas the Lumbee Indians are entitled to Federal recognition of their status as an Indian tribe and the benefits, privileges, and immunities that accompany such status: Now, therefore,''. SEC. 3. FEDERAL RECOGNITION. The Act of June 7, 1956 (70 Stat. 254), is amended-- (1) by striking out the last sentence of the first section; and (2) by striking out section 2 and inserting in lieu thereof the following: ``federal recognition; acknowledgment ``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 of this Act, any group of Indians in Robeson or adjoining counties whose members are not enrolled in the Lumbee Tribe of North Carolina, as determined under section (4)(b), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgement of tribal existence. ``services ``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 federally recognized Indians, except that members of the tribe shall not be entitled to such services until the appropriation of funds for these purposes. For the purposes of the delivery of such services, those members of the tribe residing in Robeson and adjoining counties, North Carolina, shall be deemed to be resident on or near an Indian reservation. ``(b) Upon verification of a tribal roll under section 4 by the Secretary of the Interior, 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 a budget required to provide services to which the 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 the Congress after the fiscal year in which the tribal roll is verified. ``(c)(1) The Lumbee Tribe of North Carolina is authorized to plan, conduct, consolidate, and administer programs, services, and functions authorized under the Act of April 16, 1934 (48 Stat. 596; 25 U.S.C. 452 et seq.), and the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13), popularly known as the Snyder Act, pursuant to an annual written funding agreement among the Lumbee Tribe of North Carolina, the Secretary of the Interior, and the Secretary of Health and Human Services, which shall specify-- ``(A) the services to be provided, the functions to be performed, and the procedures to be used to reallocate funds or modify budget allocations, within any fiscal year; and ``(B) the responsibility of the Secretary of the Interior for, and the procedure to be used in, auditing the expenditures of the tribe. ``(2) The authority provided under this subsection shall be in lieu of the authority provided under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). ``(3) Nothing in this subsection shall be construed as affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from lawsuit enjoyed by the Lumbee Tribe of North Carolina or authorizing or requiring the termination of any trust responsibility of the United States with respect to the tribe. ``constitution and membership ``Sec. 4. (a) After the Secretary has completed his review and verification of the tribal roll, but in no case earlier than 24 months after the effective date of this Act, the Lumbee Tribe of North Carolina shall adopt a constitution and bylaws. Any constitution, bylaws, or amendments to the constitution or bylaws that are adopted by the tribe must be consistent with the terms of this Act and shall take effect only after such documents are filed with the Secretary of the Interior. The Secretary shall assist the tribe in the drafting of a constitution and bylaws, the conduct of an election in accordance with the procedures set forth in part 81 of title 25 of the Code of Federal Regulations with respect to such constitution, and the reorganization of the government of the tribe under any such constitution and bylaws. In addition to the requirements of this Act and part 81 of title 25 of the Code of Federal Regulations, only adult enrolled members of the Lumbee Tribe of North Carolina shall be eligible to vote on the constitution. ``(b)(1) Until the Lumbee Tribe of North Carolina adopts a constitution and except as provided in paragraph (2), the membership of the tribe shall, subject to review by the Secretary, consist of every individual who is named in the tribal membership roll that is in effect on the date of enactment of this Act. ``(2)(A) Within 60 days after the effective date of this Act, the roll of the tribe shall be open for a 180-day period to allow the enrollment of any individual previously enrolled in another Indian group or tribe in Robeson or adjoining counties, North Carolina, who demonstrates that-- ``(i) the individual is eligible for enrollment in the Lumbee Tribe of North Carolina; and ``(ii) the individual has abandoned membership in any other Indian group or tribe. ``(B) The Lumbee Tribe of North Carolina shall advertise in newspapers of general distribution in Robeson and adjoining counties, North Carolina, the opening of the tribal roll for the purposes of subparagraph (A). The advertisement shall specify the enrollment criteria and the deadline for enrollment. ``(3) The review of the tribal roll of the Lumbee Tribe of North Carolina shall be limited to verification of compliance with the membership criteria of the tribe as stated in the Lumbee Petition for Federal Acknowledgment filed with the Secretary by the tribe on December 17, 1987. The Secretary shall complete his review and verification of the tribal roll within the 12-month period beginning on the date on which the tribal roll is closed under paragraph (2). ``interim government ``Sec. 5. (a) Until the tribe has adopted a constitution pursuant to the terms of this Act, the Board of Directors of the Lumbee Regional Development Association (hereafter in this section referred to as `LRDA') is recognized as the sole provisional and transitional governing body of the tribe. Until an election of tribal officers under the new constitution, the LRDA shall-- ``(1) represent the tribe and its members in the implementation of this Act; and ``(2) during such period-- ``(A) have full authority to enter into contracts, grant agreements, and other arrangements with any Federal department or agency; and ``(B) have full authority to administer or operate any program under such contracts or agreements. ``(b) Until the initial election of tribal officers under a new constitution and bylaws, the LRDA shall-- ``(1) oversee and implement the drafting and proposal to the tribe of a new constitution and conduct such meetings or hearings as it deems necessary; ``(2) oversee the opening of the tribal roll and advertising of the opening as provided for in section 4; and ``(3) oversee the election to adopt the constitution. ``jurisdiction ``Sec. 6. (a)(1) The State of North Carolina shall exercise jurisdiction over-- ``(A) all criminal offenses that are committed on, and ``(B) 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, any member of the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. ``(2) 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 of North Carolina and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of such agreement. ``(3) 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). ``(b) Section 5 of the Act of June 18, 1934 (chapter 576; 25 U.S.C. 465), and the Act of April 11, 1970 (84 Stat. 120; 25 U.S.C. 488 et seq.), shall apply to the Lumbee Tribe of North Carolina with respect to lands within the exterior boundaries of Robeson and adjoining counties, North Carolina. ``authorization of appropriations ``Sec. 7. (a) There are authorized to be appropriated such funds as may be necessary to carry out this Act. ``(b) In the first fiscal year in which funds are appropriated under this Act, the tribe's proposals for expenditures of such funds shall be submitted to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives 60 calendar days prior to any expenditure of such funds by the tribe.''.

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

Lumbee Recognition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer and Environmental Research Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Breast cancer is the second leading cause of cancer deaths among American women. (2) More women in the United States are living with breast cancer than any other cancer (excluding skin cancer). Approximately 3 million women in the United States are living with breast cancer: 2 million who have been diagnosed and an estimated 1 million who do not yet know they have the disease. (3) Breast cancer is the most commonly diagnosed cancer among women in the United States and worldwide (excluding skin cancer). In 2001, it is estimated that 233,000 new cases of breast cancer will be diagnosed among women in the United States: 192,000 invasive breast cancer and 40,800 cases of ductal carcinoma in situ (DCIS). (4) Breast cancer is the second leading cause of breast cancer death for women in the United States; approximately 40,000 women in the U.S. die from the disease each year. Breast cancer is the leading cause of cancer death for U.S. women between the ages of 20 and 59, and the leading cause of cancer death for women worldwide. (5) A woman in the United States has a 1 in 8 chance of developing invasive breast cancer in her lifetime--this risk was 1 in 11 in 1975. In 2001, a new case of breast cancer will be diagnosed every 2 minutes, and a woman will die from breast cancer every 13 minutes. (6) All women are at risk for breast cancer. About 90 percent of women who develop breast cancer do not have a family history of the disease. (7) The National Action Plan on Breast Cancer, a public private partnership, has recognized the importance of expanding the scope and breadth of biomedical, epidemiological, and behavioral research activities related to the etiology of breast cancer and the role of the environment. (8) To date, there has been only a limited research investment to expand the scope or coordinate efforts across disciplines or work with the community to study the role of the environment in the development of breast cancer. (9) In order to take full advantage of the tremendous potential for avenues of prevention, the Federal investment in the role of the environment and the development of breast cancer should be expanded. (10) In order to understand the effect of chemicals and radiation on the development of cancer, multi-generational, prospective studies are probably required. SEC. 3. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES; AWARDS FOR DEVELOPMENT AND OPERATION OF RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER. Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285l et seq.) is amended by adding at the end the following section: ``SEC. 463B. RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER. ``(a) In General.--The Director of the Institute, based on recommendations from the Breast Cancer and Environmental Research Advisory Panel (hereafter in this section referred to as the `Panel'), shall make grants, after a process of peer review and programmatic review, to public or nonprofit private entities for the development and operation of not more than 8 centers for the purpose of conducting multidisciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer. Each such center shall be known as a Breast Cancer and Environmental Research Center of Excellence. The Panel shall oversee the peer review process and shall conduct a programmatic review. The Panel will recommend the funding criteria and mechanisms by which the grant funds shall be allocated. The Panel shall make final programmatic recommendations on allocation of grant funds. ``(b) Breast Cancer and Environmental Research Advisory Panel.-- ``(1) In general.--The Secretary shall establish in the Institute of Environmental Health Sciences the Breast Cancer and Environmental Research Panel (hereafter in this section individually referred to as the `Panel'). ``(2) Membership.--The Panel shall be composed of nine appointed members and nonvoting ex officio members. The Secretary shall appoint-- ``(A) six members from physicians, and other health professionals, who are not officers or employees of the United States, and who represent multiple disciplines, including clinical, basic and public health sciences, and also different geographical regions of the country, individuals shall come from practice settings as well as academia and other research settings. Panel members should be experienced in biomedical review; and ``(B) three members from the general public who are consumer representatives who have had breast cancer and who represent a constituency. ``(3) Chair.--The members of the Panel shall select a chairman from among the appointed members. ``(4) Meetings.--The Panel shall meet at the call of the chairman or upon the request of the Director of the Institute, but not less often than once a year. ``(c) Collaboration With Community.--Each center under subsection (a) shall establish and maintain ongoing collaborations with community organizations in the geographic area served by the center, including those that represent women with breast cancer. ``(d) Coordination of Centers; Reports.--The Director of the Institute shall, as appropriate, provide for the coordination of information among centers under subsection (a) and ensure regular communication between such centers, and may require the periodic preparation of reports on the activities of the centers and the submission of the reports to the Director. ``(e) Required Consortium.--Each center under subsection (a) shall be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of the Institute. Each center must require collaboration among highly accomplished scientists, other health professionals and advocates of diverse backgrounds from various areas of expertise. ``(f) Duration of Support.--Support of a center under subsection (a) may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of the Institute and if such group has recommended to the Director that such period should be extended. ``(g) Geographic Distribution of Centers.--The Director of the Institute shall, to the extent practicable, provide for an equitable geographical distribution of centers under this section. ``(h) Innovative Approaches.--Centers shall use innovative approaches to study unexplored or under explored areas of the environment and breast cancer. ``(i) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $30,000,000 for each of the fiscal years 2002 through 2007. Such authorization is in addition to any other authorization of appropriations that is available for such purpose.''.

Breast Cancer and Environmental Research Act of 2001 - Amends the Public Health Service Act to direct the Director of the National Institute of Environmental Health Services, based on recommendations from the Breast Cancer and Environmental Research Advisory Panel (established by this Act), to make grants, after a process of peer review and programmatic review, to public or nonprofit private entities for the development and operation of not more than eight centers for the purpose of conducting multidisciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer.

To amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ambulatory Surgical Center Medicare Payment Modernization Act of 2005''. SEC. 2. MEDICARE PAYMENT FOR AMBULATORY SURGICAL CENTER SERVICES. (a) In General.--Section 1833(i) of the Social Security Act (42 U.S.C. 1395l(i)) is amended to read as follows: ``(i)(1) Payment shall be made under this part in the amount specified under paragraph (2) for facility services furnished to an individual in an ambulatory surgical center in connection with any outpatient surgical procedure covered under this part as a hospital outpatient department service, except for those procedures that the Secretary designates, in consultation with appropriate trade and professional organizations (including those having direct experience with ambulatory surgical centers) as posing a significant safety risk or requiring an overnight stay when performed in ambulatory surgical centers. Not less frequently than once every two years the Secretary shall review and, may, after public comment, make appropriate adjustments to this list of procedures excluded from coverage when performed in ambulatory surgical centers as the Secretary deems necessary. ``(2)(A) Subject to subparagraphs (B) and (C), the amount of payment to be made under this subsection for facility services furnished to an individual in an ambulatory surgical center in accordance with paragraph (1) shall be equal to 75 percent of the fee schedule amount determined under paragraph (3)(A) of subsection (t) for payment of the same service furnished in hospital outpatient departments, as adjusted under paragraphs (4)(A), (6), and (15) of such subsection, less a 20 percent beneficiary copayment. ``(B) For covered ambulatory surgical center services furnished on or after January 1, 2008, and before January 1, 2012, for which the ambulatory surgical center payment amount payable under this subsection in 2007 (in this subsection referred to as the `2007 ASC payment amount') is less than 75 percent of the hospital OPD fee schedule amount under subsection (t) in 2007 for the same services, the amount of payment under this subsection shall be calculated as follows: ``(i) For services furnished during 2008, the amount shall be equal to the sum of-- ``(I) 80 percent of the 2007 ASC payment amount, as increased by the percentage increase in the consumer price index for all urban consumers (United States city average) as estimated by the Secretary for the 12-month period ending with December 31, 2006; and ``(II) 20 percent of the payment amount under paragraph (2)(A) for 2008. ``(ii) For services furnished during 2009, the amount shall be equal to the sum of-- ``(I) 60 percent of the 2007 ASC payment amount as increased under clause (i)(I) and as further increased by the percentage increase in the consumer price index for all urban consumers (United States city average) as estimated by the Secretary for the 12-month period ending with December 31, 2007; and ``(II) 40 percent of the payment amount under paragraph (2)(A) for 2009. ``(iii) For services furnished during 2010, the amount shall be equal to the sum of-- ``(I) 40 percent of the 2007 ASC payment amount as increased under clauses (i)(I) and (ii)(I) and as further increased by the percentage increase in the consumer price index for all urban consumers (United States city average) as estimated by the Secretary for the 12-month period ending with December 31, 2008; and ``(II) 60 percent of the payment amount under paragraph (2)(A) for 2010. ``(iv) For services furnished during 2011, the amount shall be equal to the sum of-- ``(I) 20 percent of the 2007 ASC payment amount as increased under clauses (i)(I), (ii)(I), and (iii)(I) and as further increased by the percentage increase in the consumer price index for all urban consumers (United States city average) as estimated by the Secretary for the 12-month period ending with December 31, 2009; and ``(II) 80 percent of the payment amount under paragraph (2)(A) for 2011. ``(C) For covered ambulatory surgical center services for which the 2007 ASC payment amount is-- ``(i) greater than 75 percent, but less than 100 percent, of the hospital OPD fee schedule amount under subsection (t) in 2007 for the same services, the amount of payment under this subsection shall be the greater of the 2007 ASC payment amount or-- ``(I) for services furnished in 2008, the payment amount under subparagraph (B)(i); ``(II) for services furnished in 2009, the payment amount under subparagraph (B)(ii); ``(III) for services furnished in 2010, the payment amount under subparagraph (B)(iii); ``(IV) for services furnished in 2011, the payment amount under subparagraph (B)(iv); or ``(V) in 2012 and subsequent years, the payment amount under subparagraph (A), but in no case in excess of the then applicable hospital OPD fee schedule amount; or ``(ii) greater than the hospital OPD fee schedule amount under subsection (t) in 2007 for the same services, the amount of payment under this subsection-- ``(I) for services furnished during 2008, is equal to the midpoint between the 2007 ASC payment amount and 100 percent of such 2007 hospital OPD fee schedule amount; or ``(II) for services furnished in a subsequent year is equal to the greater of the 2007 hospital OPD fee schedule amount or the payment amount specified under subclause (I) through (V) of clause (i) for the year involved, but but in no case in excess of the then applicable hospital OPD fee schedule amount.''. (b) Conforming Amendments.-- (1) Section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended-- (A) by striking ``section 1833(i)(1)(A)'' and inserting ``section 1833(i)(1)''; (B) by striking ``the standard overhead amount as determined under section 1833(i)(2)(A)'' and inserting ``the amount determined under section 1833(i)(2)''; and (C) by striking all that follows ``as full payment for such services'' and inserting ``, or''. (2) Section 1833(a)(1)(G) of such Act (42 U.S.C. 1395l(a)(1)(G)) is amended-- (A) by striking ``subsection (i)(1)(A)'' and inserting ``subsection (i)(1)''; (B) by striking ``for services furnished beginning'' and all that follows through ``subsection (i)(2)(D)''; and (C) by striking ``such revised payment system'' and inserting ``under subsection (i)(2)''. (3) Section 1833(a)(4) of such Act (42 U.S.C. 1395l(a)(4)) is amended-- (A) by striking ``section 1833(i)(1)(A)'' and inserting ``subsection (i)(1)''; and (B) by striking ``paragraph (2) or (3) of subsection (i)'' and inserting ``subsection (i)(1)''. (c) Effective Date.--The amendments made by this section shall apply to ambulatory surgical center services furnished on or after January 1, 2008.

Ambulatory Surgical Center Medicare Payment Modernization Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to revise the requirements and the formula for payments for services furnished to individuals in ambulatory surgical centers.

To amend title XVIII of the Social Security Act to modernize payments for ambulatory surgical centers under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Underground Railroad Freedom Center Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the National Underground Railroad Freedom Center (hereinafter ``Freedom Center'') was founded in 1995; (2) the objectives of the Freedom Center are to interpret the history of the Underground Railroad through development of a national cultural institution in Cincinnati, Ohio, that will house an interpretive center, including museum, educational, and research facilities, all dedicated to communicating to the public the importance of the quest for human freedom which provided the foundation for the historic and inspiring story of the Underground Railroad; (3) the city of Cincinnati has granted exclusive development rights for a prime riverfront location to the Freedom Center; (4) the Freedom Center will be a national center linked through state-of-the-art technology to Underground Railroad sites and facilities throughout the United States and to a constituency that reaches across the United States, Canada, Mexico, the Caribbean and beyond; and (5) the Freedom Center has reached an agreement with the National Park Service to pursue a range of historical and educational cooperative activities related to the Underground Railroad, including but not limited to assisting the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act. (b) Purposes.--The purposes of this Act are-- (1) to promote preservation and public awareness of the history of the Underground Railroad; (2) to assist the Freedom Center in the development of its programs and facilities in Cincinnati, Ohio; and (3) to assist the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (16 U.S.C. 469l). SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Project budget.--The term ``project budget'' means the total amount of funds expended by the Freedom Center on construction of its facility, development of its programs and exhibits, research, collection of informative and educational activities related to the history of the Underground Railroad, and any administrative activities necessary to the operation of the Freedom Center, prior to the opening of the Freedom Center facility in Cincinnati, Ohio. (3) Federal share.--The term ``Federal share'' means an amount not to exceed 20 percent of the project budget and shall include all amounts received from the Federal Government under this legislation and any other Federal programs. (4) Non-federal share.--The term ``non-Federal share'' means all amounts obtained by the Freedom Center for the implementation of its facilities and programs from any source other than the Federal Government, and shall not be less than 80 percent of the project budget. (5) The freedom center facility.--The term ``the Freedom Center facility'' means the facility, including the building and surrounding site, which will house the museum and research institute to be constructed and developed in Cincinnati, Ohio, on the site described in section 4(c). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Program Authorized.--From sums appropriated pursuant to the authority of subsection (d) in any fiscal year, the Secretary is authorized and directed to provide financial assistance to the Freedom Center, in order to pay the Federal share of the cost of authorized activities described in section 5. (b) Expenditure on Non-Federal Property.--The Secretary is authorized to expend appropriated funds under subsection (a) of this section to assist in the construction of the Freedom Center facility and the development of programs and exhibits for that facility which will be funded primarily through private and non-Federal funds, on property owned by the city of Cincinnati, Hamilton County, and the State of Ohio. (c) Description of the Freedom Center Facility Site.--The facility referred to in subsections (a) and (b) will be located on a site described as follows: a 2-block area south of new South Second, west of Walnut Street, north of relocated Theodore M. Berry Way, and east of Vine Street in Cincinnati, Ohio. (d) Authorization of Appropriations.--There are authorized to be appropriated $16,000,000 for the 4 fiscal year period beginning October 1, 1999. Funds not to exceed that total amount may be appropriated in 1 or more of such fiscal years. Funds shall not be disbursed until the Freedom Center has commitments for a minimum of 50 percent of the non- Federal share. (e) Availability of Funds.--Notwithstanding any other provision of law, funds appropriated to carry out the provisions of this Act shall remain available for obligation and expenditure until the end of the fiscal year succeeding the fiscal year for which the funds were appropriated. (f) NPS Employees.--The Secretary is authorized to use employees of the National Park Service to carry out any agreement entered into between the Freedom Center and the Secretary with respect to activities authorized under section 5. SEC. 5. AUTHORIZED ACTIVITIES. (a) In General.--The Freedom Center may engage in any activity related to its objectives addressed in section 2(a), including, but not limited to, construction of the Freedom Center facility, development of programs and exhibits related to the history of the Underground Railroad, research, collection of information and artifacts and educational activities related to the history of the Underground Railroad, and any administrative activities necessary to the operation of the Freedom Center. (b) Priorities.--The Freedom Center shall give priority to-- (1) construction of the Freedom Center facility; (2) development of programs and exhibits to be presented in or from the Freedom Center facility; and (3) providing assistance to the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (16 U.S.C. 469l). SEC. 6. APPLICATION. (a) In General.--The Freedom Center shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Each application shall-- (1) describe the activities for which assistance is sought; (2) provide assurances that the non-Federal share of the cost of activities of the Freedom Center shall be paid from non-Federal sources, together with an accounting of costs expended by the Freedom Center to date, a budget of costs to be incurred prior to the opening of the Freedom Center facility, an accounting of funds raised to date, both Federal and non- Federal, and a projection of funds to be raised through the completion of the Freedom Center facility. (b) Approval.--The Secretary shall approve the application submitted pursuant to subsection (a) unless such application fails to comply with the provisions of this Act. SEC. 7. REPORTS. The Freedom Center shall submit an annual report to the appropriate committees of the Congress not later than January 31, 2000, and each succeeding year thereafter for any fiscal year in which Federal funds are expended pursuant to this Act. The report shall-- (1) include a financial statement addressing the Freedom Center's costs incurred to date and projected costs, and funds raised to date and projected fundraising goals; (2) include a comprehensive and detailed description of the Freedom Center's activities for the preceding and succeeding fiscal years; and (3) include a description of the activities taken to assure compliance with this Act.

Authorizes appropriations. Requires annual reports from the Center to Congress.

National Underground Railroad Freedom Center Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expatriate Terrorist Act''. SEC. 2. LOSS OF NATIONALITY DUE TO SUPPORT OF TERRORISM. Section 349(a) of the Immigration and Nationality Act (8 U.S.C. 1481(a)) is amended to read as follows: ``(a) In General.--A person who is a national of the United States whether by birth or naturalization, shall lose his or her nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality: ``(1) Obtaining naturalization in a foreign state upon his or her own application or upon an application filed by a duly authorized agent, after having attained 18 years of age. ``(2) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state, a political subdivision thereof, or a foreign terrorist organization designated under section 219, after having attained 18 years of age. ``(3) Entering, or serving in, the armed forces of a foreign state or a foreign terrorist organization designated under section 219 if-- ``(A) such armed forces are engaged in hostilities against the United States; or ``(B) such persons serve as a commissioned or noncommissioned officer. ``(4) Becoming a member of, or providing training or material assistance to, any foreign terrorist organization designated under section 219. ``(5) Accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state, a political subdivision thereof, or a foreign terrorist organization designated under section 219 if-- ``(A) the person knowingly has or acquires the nationality of such foreign state; or ``(B) an oath, affirmation, or declaration of allegiance to the foreign state, political subdivision, or designated foreign terrorist organization is required for such office, post, or employment. ``(6) Making a formal renunciation of United States nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State. ``(7) Making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense. ``(8)(A) Committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States; ``(B) violating or conspiring to violate any of the provisions of section 2383 of title 18, United States Code; ``(C) willfully performing any act in violation of section 2385 of title 18, United States Code; or ``(D) violating section 2384 of such title by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when such person is convicted thereof by a court martial or by a court of competent jurisdiction.''. SEC. 3. REVOCATION OR DENIAL OF PASSPORTS AND PASSPORT CARDS TO INDIVIDUALS WHO ARE MEMBERS OF FOREIGN TERRORIST ORGANIZATIONS. The Act entitled ``An Act to regulate the issue and validity of passports, and for other purposes'', approved July 3, 1926 (22 U.S.C. 211a et seq.), which is commonly known as the ``Passport Act of 1926'', is amended by adding at the end the following: ``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT CARD. ``(a) Ineligibility.-- ``(1) Issuance.--The Secretary of State shall not issue a passport or passport card to any individual whom the Secretary has determined is a member, or is attempting to become a member, of an organization the Secretary has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). ``(2) Revocation.--The Secretary of State shall revoke a passport or passport card previously issued to any individual described in paragraph (1). ``(b) Right of Review.--Any person who, in accordance with this section, is denied issuance of a passport or passport card by the Secretary of State, or whose passport or passport card is revoked or otherwise restricted by the Secretary of State, may request a due process hearing not later than 60 days after receiving such notice of the nonissuance, revocation, or restriction.''.

Expatriate Terrorist Act This bill amends the Immigration and Nationality Act to include among the grounds for loss of U.S. nationality by a native-born or naturalized citizen: taking an oath or making a declaration of allegiance to a foreign terrorist organization after attaining the age of 18; entering, or serving in, a foreign terrorist organization; becoming a member of or providing training or material assistance to a foreign terrorist organization; and accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state, a political subdivision, or a foreign terrorist organization if the person knowingly has or acquires the nationality of such foreign state, or an oath, affirmation, or declaration of allegiance to the foreign state, political subdivision, or designated foreign terrorist organization is required for such office, post, or employment. The Passport Act of 1926 is amended to: prohibit the Secretary of State from issuing a passport or passport card to an individual who is a member, or attempting to become a member, of a foreign terrorist organization; and direct the Secretary to revoke a passport or passport card previously issued to any such individual. A person who is denied issuance of a passport or passport card or whose passport or passport card is revoked or otherwise restricted may request a due process hearing not later than 60 days after receiving notice of the nonissuance, revocation, or restriction.

Expatriate Terrorist Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Law Enforcement and Mental Health Project''. SEC. 2. FINDINGS. Congress finds that-- (1) fully 16 percent of all inmates in State prisons and local jails suffer from mental illness, according to a July, 1999 report, conducted by the Bureau of Justice Statistics; (2) between 600,000 and 700,000 mentally ill persons are annually booked in jail alone, according to the American Jail Association; (3) estimates say 25 to 40 percent of America's mentally ill will come into contact with the criminal justice system, according to National Alliance for the Mentally Ill; (4) 75 percent of mentally ill inmates have been sentenced to time in prison or jail or probation at least once prior to their current sentence, according to the Bureau of Justice Statistics in July, 1999; and (5) Broward County, Florida and King County, Washington, have created separate Mental Health Courts to place nonviolent mentally ill offenders into judicially monitored inpatient and outpatient mental health treatment programs, where appropriate, with positive results. SEC. 3. MENTAL HEALTH COURTS. (a) Amendment.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after part U (42 U.S.C. 3796hh et seq.) the following: ``PART V--MENTAL HEALTH COURTS ``SEC. 2201. GRANT AUTHORITY. ``The Attorney General shall make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or nonprofit entities, for not more than 100 programs that involve-- ``(1) continuing judicial supervision, including periodic review, over preliminarily qualified offenders with mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders, who are charged with misdemeanors or nonviolent offenses; and ``(2) the coordinated delivery of services, which includes-- ``(A) specialized training of law enforcement and judicial personnel to identify and address the unique needs of a mentally ill or mentally retarded offender; ``(B) voluntary outpatient or inpatient mental health treatment, in the least restrictive manner appropriate, as determined by the court, that carries with it the possibility of dismissal of charges or reduced sentencing upon successful completion of treatment; ``(C) centralized case management involving the consolidation of all of a mentally ill or mentally retarded defendant's cases, including violations of probation, and the coordination of all mental health treatment plans and social services, including life skills training, such as housing placement, vocational training, education, job placement, health care, and relapse prevention for each participant who requires such services; and ``(D) continuing supervision of treatment plan compliance for a term not to exceed the maximum allowable sentence or probation for the charged or relevant offense and, to the extent practicable, continuity of psychiatric care at the end of the supervised period. ``SEC. 2202. DEFINITIONS. ``In this part-- ``(1) the term `mental illness' means a diagnosable mental, behavioral, or emotional disorder-- ``(A) of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and ``(B) that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities; and ``(2) the term `preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders' means a person who-- ``(A)(i) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders; or ``(ii) manifests obvious signs of mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; and ``(B) is deemed eligible by designated judges. ``SEC. 2203. ADMINISTRATION. ``(a) Consultation.--The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this part. ``(b) Use of Components.--The Attorney General may utilize any component or components of the Department of Justice in carrying out this part. ``(c) Regulatory Authority.--The Attorney General shall issue regulations and guidelines necessary to carry out this part which include, but are not limited to, the methodologies and outcome measures proposed for evaluating each applicant program. ``(d) Applications.--In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this part shall-- ``(1) include a long-term strategy and detailed implementation plan; ``(2) explain the applicant's inability to fund the program adequately without Federal assistance; ``(3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; ``(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal; ``(5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program, including the State mental health authority; ``(6) certify that participating offenders will be supervised by one or more designated judges with responsibility for the mental health court program; ``(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; ``(8) describe the methodology and outcome measures that will be used in evaluating the program; and ``(9) certify that participating first time offenders without a history of a mental illness will receive a mental health evaluation. ``SEC. 2204. APPLICATIONS. ``To request funds under this part, the chief executive or the chief justice of a State or the chief executive or chief judge of a unit of local government or Indian tribal government shall submit to the Attorney General an application in such form and containing such information as the Attorney General may reasonably require. ``SEC. 2205. FEDERAL SHARE. ``The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the program described in the application submitted under section 2204 for the fiscal year for which the program receives assistance under this part, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. The use of the Federal share of a grant made under this part shall be limited to new expenses necessitated by the proposed program, including the development of treatment services and the hiring and training of personnel. In-kind contributions may constitute a portion of the non-Federal share of a grant. ``SEC. 2206. GEOGRAPHIC DISTRIBUTION. ``The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made that considers the special needs of rural communities, Indian tribes, and Alaska Natives. ``SEC. 2207. REPORT. ``A State, Indian tribal government, or unit of local government that receives funds under this part during a fiscal year shall submit to the Attorney General a report in March of the following year regarding the effectiveness of this part. ``SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. ``(a) Technical Assistance and Training.--The Attorney General may provide technical assistance and training in furtherance of the purposes of this part. ``(b) Evaluations.--In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General may carry out or make arrangements for evaluations of programs that receive support under this part. ``(c) Administration.--The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities.''. (b) Technical Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended by inserting after part U the following: ``Part V--Mental Health Courts ``Sec. 2201. Grant authority. ``Sec. 2202. Definitions. ``Sec. 2203. Administration. ``Sec. 2204. Applications. ``Sec. 2205. Federal share. ``Sec. 2206. Geographic distribution. ``Sec. 2207. Report. ``Sec. 2208. Technical assistance, training, and evaluation.''. (c) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by inserting after paragraph (19) the following: ``(20) There are authorized to be appropriated to carry out part V, $10,000,000 for each of fiscal years 2001 through 2004.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Defines: (1) "mental illness" as a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, that has resulted in functional impairment that substantially interferes with or limits one or more major life activities; and (2) "preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders" to mean a person who previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental and substance abuse disorders or who manifests obvious signs of mental illness, mental retardation, or co-occurring mental and substance abuse disorders during arrest or confinement or before any court and is deemed eligible by designated judges. Directs the Attorney General to issue regulations and guidelines necessary to carry out this Act, including the methodologies and outcome measures proposed for evaluating each applicant program. Includes among grant requirements a requirement that applicants certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in program implementation, including the State mental health authority. Sets forth provisions regarding application requirements, the Federal cost share (75 percent), geographic distribution of grants, reporting requirements, and technical assistance, training, and evaluation. Authorizes appropriations.

America's Law Enforcement and Mental Health Project

SECTION 1. FINDINGS. (a) Findings.--The Congress finds that-- (1) in 1970, Amtrak was created as a 2-year, federally assisted experiment that was to become an independent and self- sufficient entity shortly thereafter; (2) although Amtrak is not a department, agency, or instrumentality of the Federal Government, it cannot operate without large, annual Federal subsidies; (3) while Amtrak carries only .3 percent of all intercity travelers, it has cost the American taxpayers over $15,000,000,000 in subsidies since its creation; (4) Amtrak has been appropriated nearly $1,000,000,000 in Federal subsidies for fiscal year 1995, and General Accounting Office estimates show it could require another $10,000,000,000 in subsidies over the next 5 years to remain viable; (5) the General Accounting Office has concluded that Amtrak's expenses will continue to increase steadily over the next few years due to its need to-- (A) renegotiate its operating agreements with the freight railroads; (B) renegotiate work rules and labor compensation with the 14 unions that represent its employees; and (C) invest in modern locomotives and passenger cars; (6) the General Accounting Office has concluded that Amtrak's financial condition has deteriorated to the point that its future costs make recovery difficult; (7) the statutory requirements imposed on Amtrak ensure that its rail passenger service will be costly, inefficient, and unable to post a profit; and (8) the application of the Railway Labor Act and the Federal Employers' Liability Act to rail passenger service employees is excessive, costly, and burdensome and should be reduced to a more realistic level. (b) Repeal.--Section 24101 of title 49, United States Code, and the item relating thereto in the table of sections of chapter 241 of such title, are repealed. SEC. 2. DEFINITIONS. Section 24102 of such title is amended-- (1) by striking paragraphs (1), (2), (3), (6), (7), (10), and (11); and (2) by redesignating paragraphs (4), (5), (8), and (9) as paragraphs (1), (2), (3), and (4), respectively. SEC. 3. ENFORCEMENT. Section 24103 of such title is amended-- (1) by repealing subsection (b); and (2) by redesignating subsection (c) as subsection (b). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 24104 of such title is amended to read as follows: ``Sec. 24104. Authorization of appropriations ``There are authorized to be appropriated to the Secretary of Transportation for the benefit of Amtrak-- ``(1) $902,000,000 for fiscal year 1996; ``(2) $652,000,000 for fiscal year 1997; ``(3) $402,000,000 for fiscal year 1998; and ``(4) $152,000,000 for fiscal year 1999.''. SEC. 5. CHAPTER 243 AMENDMENTS. Chapter 243 of such title is amended-- (1) in the table of sections-- (A) by striking the items relating to sections 24302 through 24315; and (B) by inserting after the item relating to section 24301 the following new item: ``24302. Relinquishment of rights to stock, notes, and mortgages.''; (2) in section 24301-- (A) by repealing subsections (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and (n); and (B) by redesignating subsection (m) as subsection (b); (3) by repealing sections 24302 through 25315; and (4) by adding at the end the following new section: ``Sec. 24302. Relinquishment of rights to stock, notes, and mortgages ``The United States relinquishes any rights held by virtue of any stock, note of indebtedness, or mortgage issued by or entered into with Amtrak.''. SEC. 6. CHAPTER 245 AMENDMENTS. (a) Section 24501(g) Amendment.--Section 24501(g) of such title is amended by striking ``Amtrak is exempt'' and inserting in lieu thereof ``Amtrak Commuter is exempt''. (b) Section 24504(c) Repeal.--Section 24504(c) of such title is repealed. SEC. 7. CHAPTERS 247 AND 249 REPEALED. Chapters 247 and 249 of such title are repealed. SEC. 8. SERVICE DISCONTINUANCE. (a) Amendment.--Chapter 241 of such title is amended by adding at the end the following new section: ``Sec. 24105. Service discontinuance ``(a) Wage Continuation or Severance Benefit.--Notwithstanding any arrangement in effect before the date of enactment of this section, no employee of a rail carrier providing rail passenger transportation whose employment is terminated as a result of a discontinuance of intercity rail passenger service shall receive any wage continuation or severance benefit in excess of 6 months pay. This subsection shall not affect the obligations of rail carriers under section 11347 of this title. ``(b) Transfer.--Notwithstanding any arrangement in effect before the date of enactment of this section, a rail carrier providing rail passenger transportation may require an employee whose position is eliminated as a result of a discontinuance of intercity rail passenger service to transfer to any vacant position for which the employee can be made qualified on any part of such rail carrier's system. If such transfer requires a change in residence or seniority district, the employee shall choose-- ``(1) to transfer to the position and be covered by the collective bargaining agreement applicable to the seniority district to which he is transferred; or ``(2) to voluntarily furlough himself at his home location and receive protective benefits not in excess of the amount authorized under subsection (a). For purposes of this subsection, a transfer shall be considered to require a change in residence if the new employment is more than 30 miles from the employee's place of residence and is farther from that residence than was the former work location.''. (b) Table of Sections.--The table of sections of chapter 241 of such title is amended by adding at the end the following new item: ``24105. Service Discontinuance.''. SEC. 9. FEDERAL EMPLOYERS' LIABILITY ACT. The Act entitled ``An Act relating to the liability of common carriers by railroad to their employees in certain cases.'', enacted April 22, 1908 (45 U.S.C. 51 et seq.; popularly referred to as the ``Federal Employers' Liability Act'' or the ``Employers' Liability Act'') is amended by adding at the end the following new section: ``Sec. 11. This Act shall not apply to common carriers to the extent they provide rail passenger transportation.''. SEC. 10. CONFORMING AMENDMENTS. (a) Rail Services Planning Office Duties.--Section 10362(b)(5) of title 49, United States Code, is amended by striking ``(except passenger transportation compensation disputes subject to the jurisdiction of the Commission under sections 24308(a) and 24903(c)(2) of this title).''. (b) Authorizing Abandonment and Discontinuance.--Section 10903(b)(2) of title 49, United States Code, is amended by striking ``and section 405(b) of the Rail Passenger Service Act (45 U.S.C. 565(b))''. (c) Employee Protective Arrangements.--Section 11347 of title 49, United States Code, is amended by striking ``, and the terms established under section 405 of the Rail Passenger Service Act (45 U.S.C. 565)''. (d) Terminal Facilities.--Section 5567 of title 49, United States Code, and the item relating thereto in the table of sections of chapter 55 of such title, are repealed. SEC. 11. EFFECTIVE DATES. (a) General Rule.--Except as otherwise provided in this section, this Act shall take effect 1 year after the date of its enactment. (b) Exceptions.--(1) Sections 4, 8, and 9 of this Act shall take effect immediately upon enactment. (2) The repeal of section 24909 of title 49, United States Code, shall take effect on October 1, 1995.

Amends Federal transportation law to repeal specified authorities with respect to the National Railroad Passenger Corporation (AMTRAK), eliminating intercity rail passenger transportation (while retaining AMTRAK commuter services). (Sec. 3) Repeals a provision which provides for the judicial review of the discontinuance of a route, a train, or transportation, or the reduction in the frequency of transportation by AMTRAK. (Sec. 4) Authorizes appropriations in decreasing amounts over four fiscal years. (Sec. 5) Repeals specified laws that apply to AMTRAK operations, abolishing the Board of Directors. Declares that the United States relinquishes all rights held in any stock, note of indebtedness, or mortgage issued by or entered into with AMTRAK. (Sec. 6) Repeals: (1) certain provisions which require AMTRAK to make an agreement to avoid duplicating employee functions; (2) all authority for operation of the AMTRAK route system; and (3) all authority for the Northeast Corridor improvement program. (Sec. 8) Prohibits a rail carrier employee whose employment is terminated as a result of a discontinuance of intercity rail passenger service from receiving any wage continuation or severance benefit in excess of six months pay. Authorizes a rail carrier to require an employee whose position is eliminated as a result of such discontinuance to transfer to any vacant position for which he or she can be made qualified on any part of the rail carrier's system. (Sec. 9) Amends the Federal Employers' Liability Act (or Employers' Liability Act) to declare that it shall not apply to common carriers to the extent they provide rail passenger transportation.

To amend title 49, United States Code, to eliminate provisions of Federal law that provide special support for, or burdens on, the operation of Amtrak as a passenger rail carrier, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cathedral Rock and Horse Heaven Wilderness Act of 2010''. SEC. 2. DEFINITIONS. (1) Federal land.--The term ``Federal land'' means the Federal land authorized to be conveyed by the United States under section 4(a). (2) Landowner.--The term ``landowner'' means the owner of the applicable non-Federal land. (3) Non-federal land.--The term ``non-Federal land'' means the land authorized to be conveyed to the United States under section 4(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Oregon. (6) Wilderness area.--The term ``wilderness area'' means any of the areas designated as components of the National Wilderness Preservation System by section 3(a). (7) Wilderness map.--The term ``wilderness map'' means the map entitled ``Cathedral Rock-Horse Heaven Wilderness Proposals'' and dated January 21, 2010. SEC. 3. CATHEDRAL ROCK WILDERNESS AND HORSE HEAVEN WILDERNESS. (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System: (1) Cathedral rock wilderness.--The approximately 8,686 acres of Bureau of Land Management land in the State, as depicted on the wilderness map, to be known as the ``Cathedral Rock Wilderness''. (2) Horse heaven wilderness.--The approximately 7,791 acres of Bureau of Land Management land in the State, as depicted on the wilderness map, to be known as the ``Horse Heaven Wilderness''. (b) Maps; Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of each wilderness area with-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--The maps and legals description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description. (3) Availability.--The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in-- (A) the Office of the Chief of the Forest Service; and (B) the Office of the Director of the Bureau of Land Management. (4) Conflict between map and legal description.--In the case of a conflict between the maps and legal descriptions filed under paragraph (1), the maps shall control. (c) Administration of Wilderness.-- (1) In general.--Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act. (2) Incorporation of acquired land and interests.--Any land within or adjacent to the boundary of a wilderness area that is acquired by the United States shall-- (A) become part of the wilderness area; and (B) be managed in accordance with-- (i) this section; and (ii) any other applicable laws. (3) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the Federal land within the wilderness areas is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing or mineral materials. (4) Grazing.--The grazing of domestic livestock in a wilderness area shall be administered in accordance with-- (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (B) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405) and H.R. 5487 of the 96th Congress (H. Rept. 96-617). (5) Access to non-federal land.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary shall provide reasonable access to non-Federal land within the boundaries of the wilderness areas. (6) State water laws.--Nothing in this section constitutes an exemption from State water laws (including regulations). (7) Tribal rights.--Nothing in this section-- (A) affects, alters, amends, repeals, interprets, extinguishes, modifies, or is in conflict with-- (i) the treaty rights of an Indian tribe, including the rights secured by the Treaty with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963); and (ii) any other rights of an Indian tribe; (B) prevents, prohibits, terminates, or abridges the exercise of treaty-reserved rights, including the rights secured by the Treaty with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963), within the boundaries of the wilderness areas; or (C) affects any non-Federal land acquired by the United States under section 4. SEC. 4. LAND EXCHANGES. (a) Authorization.-- (1) Smith exchange.-- (A) In general.--If Derby Smith Partners, LLC, of Bend, Oregon (referred to in this section as ``Smith''), offers to convey to the United States all right, title, and interest of Smith in and to the non- Federal land described in subparagraph (B)(i), the Secretary shall-- (i) accept the offer; and (ii) on receipt of acceptable title to the non-Federal land and subject to valid existing rights, convey to Smith all right, title, and interest of the United States in and to the Federal land described in subparagraph (B)(ii). (B) Description of land.-- (i) Non-federal land.--The non-Federal land referred to in subparagraph (A) is the approximately 1,057 acres of non-Federal land identified on the wilderness map as ``Lands proposed for transfer from Smith to the Federal Government''. (ii) Federal land.--The Federal land referred to in subparagraph (A)(ii) is the approximately 1,195 acres of Federal land identified on the wilderness map as ``Lands proposed for transfer from the Federal Government to Smith''. (2) Shrum exchange.-- (A) In general.--If Milton Shrum (referred to in this section as ``Shrum'') offers to convey to the United States all right, title, and interest of Shrum in and to the non-Federal land described in subparagraph (B)(i), the Secretary shall-- (i) accept the offer; and (ii) on receipt of acceptable title to the non-Federal land and subject to valid existing rights, convey to Shrum all right, title, and interest of the United States in and to the Federal land described in subparagraph (B)(ii). (B) Description of land.-- (i) Non-federal land.--The non-Federal land referred to in subparagraph (A) is the approximately 416 acres of non-Federal land identified on the wilderness map as ``Lands proposed for transfer from Shrum to the Federal Government''. (ii) Federal land.--The Federal land referred to in subparagraph (A)(ii) is the approximately 594 acres of Federal land identified on the wilderness map as ``Lands proposed for transfer from the Federal Government to Shrum''. (3) Young life exchange.-- (A) In general.--If Young Life of Colorado Springs, Colorado (referred to in this section as ``Young Life''), offers to convey to the United States all right, title, and interest of Young Life in and to the non-Federal land described in subparagraph (B)(i), the Secretary shall-- (i) accept the offer; and (ii) on receipt of acceptable title to the non-Federal land and subject to valid existing rights, convey to Young Life all right, title, and interest of the United States in and to the Federal land described in subparagraph (B)(ii). (B) Description of land.-- (i) Non-federal land.--The non-Federal land referred to in subparagraph (A) is the approximately 8,715 acres of non-Federal land identified on the wilderness map as ``Lands proposed for transfer from Young Life to the Federal Government''. (ii) Federal land.--The Federal land referred to in subparagraph (A)(ii) is the approximately 12,335 acres of Federal land identified on the wilderness map as ``Lands proposed for transfer from the Federal Government to Young Life''. (b) Applicable Law.--Except as otherwise provided in this section, the Secretary shall carry out the land exchanges under subsection (a) in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (c) Conditions.--The conveyances of the Federal land and non- Federal land under subsection (a) shall be subject to such terms and conditions as the Secretary may require. (d) Equal Value Exchange.-- (1) In general.--The value of the Federal land and non- Federal land to be exchanged under this section-- (A) shall be equal; or (B) shall be made equal in accordance with paragraph (2). (2) Equalization.-- (A) Surplus of federal land.--If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the landowner-- (i) by reducing the acreage of the Federal land to be conveyed; or (ii) by adding additional State land to the non-Federal land to be conveyed. (B) Surplus of non-federal land.--If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized by reducing the acreage of the non-Federal land to be conveyed, as determined to be appropriate and acceptable by the Secretary and the landowner. (e) Appraisals.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary and the landowner shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land to be exchanged. (2) Requirements.--An appraisal under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including-- (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (f) Surveys.-- (1) In general.--The exact acreage and legal description of the Federal land and non-Federal land to be exchanged under subsection (a) shall be determined by surveys approved by the Secretary. (2) Costs.--The Secretary and the landowner shall divide equally between the Secretary and the landowner-- (A) the costs of any surveys conducted under paragraph (1); and (B) any other administrative costs of carrying out the land exchange under this section. (g) Deadline for Completion of Land Exchange.--It is the intent of Congress that the land exchanges under this section be completed not later than 2 years after the date of enactment of this Act. (h) Addition to Wilderness Areas.--On completion of the land exchanges under this section, the non-Federal land shall-- (1) become part of the wilderness areas; and (2) be managed in accordance with-- (A) this Act; (B) the Wilderness Act (16 U.S.C. 1131 et seq.); and (C) any other applicable law.

Cathedral Rock and Horse Heaven Wilderness Act of 2010 - Designates specified Bureau of Land Management (BLM) land in Oregon, to be known as the Cathedral Rock Wilderness and the Horse Heaven Wilderness, as wilderness and as components of the National Wilderness Preservation System. Sets forth requirements for the administration of the wilderness areas, including with respect to the incorporation of acquired land and interests, domestic livestock grazing, access to non-federal land, state water laws, and tribal rights. Withdraws federal land within the wilderness areas from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. Authorizes certain land exchanges with specified landowners. Requires appraisals to be conducted of the federal and non-federal land to be exchanged.

A bill to designate certain land in the State of Oregon as wilderness, to provide for the exchange of certain Federal land and non-Federal land, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Enhancements for Needed Drugs Act of 2004''. SEC. 2. GAO STUDIES AND REPORTS ON PRICES OF PRESCRIPTION DRUGS. (a) Review and Reports on Retail Prices of Prescription Drugs.-- (1) Initial review.--The Comptroller General of the United States shall conduct a review of the retail cost of prescription drugs in the United States during 2000 through 2003, with an emphasis on the prescription drugs most utilized for individuals age 65 or older. (2) Subsequent review.--After conducting the review under paragraph (1), the Comptroller General shall continuously review the retail cost of such drugs through April 1, 2006, to determine the changes in such costs. (3) Reports.-- (A) Initial review.--Not later than September 1, 2004, the Comptroller General shall submit to Congress a report on the initial review conducted under paragraph (1). (B) Subsequent review.--Not later than July 1, 2005, January 1, 2006, and July 1, 2006, the Comptroller General shall submit to Congress a report on the subsequent review conducted under paragraph (2). (b) Annual GAO Study and Report on Retail and Acquisition Prices of Certain Prescription Drugs.-- (1) Ongoing study.--The Comptroller General of the United States shall conduct an ongoing study that compares the average retail cost in the United States for each of the 20 most utilized prescription drugs for individuals age 65 or older with-- (A) the average price at which private health plans acquire each such drug; (B) the average price at which the Department of Defense under the Defense Health Program acquires each such drug; (C) the average price at which the Department of Veterans Affairs under the laws administered by the Secretary of Veterans Affairs acquires each such drug; and (D) the average negotiated price for each such drug that eligible beneficiaries enrolled in a prescription drug plan under part D of title XVIII of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), that provides only basic prescription drug coverage have access to under such plans. (2) Annual report.--Not later than December 1, 2007, and annually thereafter, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1), together with such recommendations as the Comptroller General determines appropriate. SEC. 3. INCLUSION OF AVERAGE AGGREGATE BENEFICIARY COSTS AND SAVINGS IN COMPARATIVE INFORMATION FOR BASIC MEDICARE PRESCRIPTION DRUG PLANS. Section 1860D-1(c)(3) of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following new clause: ``(vi) Average aggregate beneficiary costs and savings.--With respect to plan years beginning on or after January 1, 2007, the average aggregate costs, including deductibles and other cost-sharing, that a beneficiary will incur for covered part D drugs in the year under the plan compared to the average aggregate costs that an eligible beneficiary with no prescription drug coverage will incur for covered part D drugs in the year.''; and (2) by adding at the end the following new subparagraph: ``(C) Average aggregate beneficiary costs and savings information only for basic prescription drug plans.--The Secretary shall not provide comparative information under subparagraph (A)(vi) with respect to-- ``(i) a prescription drug plan that provides supplemental prescription drug coverage; or ``(ii) a Medicare Advantage plan.''. SEC. 4. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS. (a) In General.--Section 1860D-11 of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by striking subsection (i) (relating to noninterference) and by inserting the following: ``(i) Authority To Negotiate Prices With Manufacturers.--In order to ensure that beneficiaries enrolled under prescription drug plans and MA-PD plans pay the lowest possible price, the Secretary shall have authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 5. DISALLOWANCE OF DEDUCTION FOR ADVERTISING EXPENDITURES OF TAXPAYERS WHO DISCRIMINATE AGAINST FOREIGN SELLERS OF PRESCRIPTION DRUGS TO DOMESTIC CONSUMERS. (a) General Rule.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following new section: ``SEC. 280I. ADVERTISING EXPENDITURES OF TAXPAYERS WHO DISCRIMINATE AGAINST FOREIGN SELLERS OF PRESCRIPTION DRUGS TO DOMESTIC CONSUMERS. ``(a) In General.--No deduction otherwise allowable under this chapter shall be allowed for any amount paid or incurred for advertising for the taxable year by any taxpayer who at any time during such taxable year discriminates against a qualified pharmacy or qualified wholesaler in the sale of prescription drugs. ``(b) Advertising.--For purposes of this section, the term `advertising' includes direct to consumer advertising and any activity designed to promote the use of a prescription drug directed to providers or others who may make decisions about the use of prescription drugs (other than the provision of free samples). ``(c) Qualified Pharmacy; Qualified Wholesaler.--For purposes of this section-- ``(1) Qualified pharmacy.--The term `qualified pharmacy' means any pharmacy located outside the United States which sells prescription drugs to consumers living in the United States. ``(2) Qualified wholesaler.--The term `qualified wholesaler' means any wholesaler located outside the United States which sells prescription drugs to entities selling prescription drugs to consumers living in the United States. ``(d) Discrimination.--For purposes of subsection (a), a taxpayer shall be treated as discriminating against a qualified pharmacy or qualified wholesaler in the sale of prescription drugs if such taxpayer publicly, privately or otherwise refuses to do business with a person or entity on the basis that the person or entity will pass along discounts offered to the person or entity to consumers living in the United States.''. (b) Clerical Amendment.--The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Sec. 280I. Advertising expenditures of taxpayers who discriminate against foreign sellers of prescription drugs to domestic consumers.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. COST CONTAINMENT INCENTIVES. (a) In General.--Section 1860D-42 of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by adding at the end the following new subsection: ``(c) Incentives to PDP Sponsors To Negotiate Lower Prices.-- ``(1) Authority.--The Secretary is authorized to provide incentive payments to PDP sponsors offering prescription drug plans that provide enrollees with access to negotiated prices used for payment of covered part D drugs under the plans that on average are not more than 10 percent greater than the lesser of-- ``(A) the average price at which the Department of Defense under the Defense Health Program acquires such drugs; or ``(B) the average price at which the Department of Veterans Affairs under the laws administered by the Secretary of Veterans Affairs acquires such drugs. ``(2) Information from va and dod.--Upon request of the Secretary of Health and Human Services, the Secretary of Defense and the Secretary of Veterans Affairs shall make available to the Secretary of Health and Human Services such information regarding acquisition prices of prescription drugs as the Secretary of Health and Human Services determines is necessary to conduct the incentive payment program under this subsection. ``(3) Application.--No incentive payments may be made under this subsection except pursuant to an application that is submitted and approved in a time, manner, and form specified by the Secretary. ``(4) Funding.--There shall be available to the Secretary from the MA Regional Plan Stabilization Fund under section 1858(e) during the period beginning on January 1, 2007, and ending on December 31, 2013, a total of $500,000,000 for making incentive payments under this subsection. ``(5) Annual reports.--For each year in which an incentive payment is awarded under this subsection, the Secretary shall submit a report to Congress containing a description of the operation of the incentive payment program.''. (b) Stabilization Fund Amendments.--Section 1858(e)(1) of the Social Security Act, as added by section 221(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended-- (1) in the matter preceding subparagraph (A), by striking ``2'' and inserting ``3''; and (2) by adding at the end the following new subparagraph: ``(C) PDP incentive payments.--To provide incentive payments to PDP sponsors pursuant to section 1860D- 42(c).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 7. NAIC REVIEW AND REPORT ON CHANGES IN MEDIGAP POLICIES THAT PROVIDE COVERAGE OF PRESCRIPTION DRUGS CONTAINED IN THE MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT OF 2003. (a) In General.--The Secretary shall request the National Association of Insurance Commissioners to conduct a review of the changes to the rules relating to medicare supplemental policies that provide prescription drug coverage contained in subsection (v) of section 1882 of the Social Security Act (42 U.S.C. 1395ss), as added by section 104(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). (b) Impact on Medicare Beneficiaries.--The review conducted pursuant to subsection (a) should focus on the impact the changes described in such subsec

Medicare Enhancements for Needed Drugs Act of 2004 - Directs the Comptroller General to review and report to Congress on the retail cost of prescription drugs in the United States during 2000 and 2003 with an emphasis on the prescription drugs most utilized for individuals age 65 or older. Requires the Comptroller General, after conducting such review, to review continuously the retail cost of such drugs through April 1, 2006, to determine the changes in such costs. Requires the Comptroller General to conduct an ongoing study, for annual reports to Congress, that compares the average retail cost in the United States for each of the 20 most utilized prescription drugs for individuals age 65 or older with: (1) the average price at which private health plans acquire each such drug; (2) the average price at which the Department of Defense under the Defense Health Program acquires each such drug; (3) the average price at which the Department of Veterans Affairs under the laws administered by the Secretary of Veterans Affairs acquires each such drug; and (4) the average negotiated price for each such drug that eligible beneficiaries have access to under a Medicare prescription drug plan that provides only basic prescription drug coverage. Amends title XVIII (Medicare) of the Social Security Act (SSA) to include in the comparative plan information for beneficiaries under new Medicare part D (Voluntary Prescription Drug Benefit Program) a comparison of average aggregate prescription drug plan beneficiary costs and savings with respect to covered part D drugs with such costs for the same drugs for a beneficiary with no prescription drug plan. Repeals the prohibition against interference by the Secretary with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors and the requirement of a particular formulary to institute a price structure for the reimbursement of Medicare part D covered drugs. Authorizes the Secretary instead, like other Federal entities that purchase prescription drugs in bulk, to negotiate contracts with manufacturers of covered part D drugs. Amends the Internal Revenue Code to disallow a tax deduction for advertising expenditures of taxpayers who discriminate against foreign sellers of prescription drugs to domestic consumers. Amends SSA title XVIII to authorize the Secretary to provide incentive payments out of the Medicare Advantage Regional Plan Stabilization Fund to sponsors offering prescription drug plans that provide enrollees with access to negotiated prices for payment of covered Medicare part D drugs. Requires such prices to be on average not more than ten percent greater than the lesser of: (1) the average price at which the Department of Defense under the Defense Health Program acquires such drugs; or (2) the average price at which the Department of Veterans Affairs acquires such drugs. Requires the Secretary to request the National Association of Insurance Commissioners to review and report to Congress on the changes to the rules relating to Medicare supplemental policies that provide prescription drug coverage under new Medicare part D.

A bill to reduce the costs of prescription drugs for medicare beneficiaries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Worker Needlestick Prevention Act''. SEC. 2. REQUIREMENTS. (a) Bloodborne Pathogens Standard.-- (1) In general.--Except as provided in paragraph (2), the Secretary of Labor, acting through the Occupational Safety and Health Administration, shall amend the bloodborne pathogens standard to require that-- (A) employers utilize needleless systems and sharps with engineered sharps injury protections in their work sites to prevent the spread of bloodborne pathogens; and (B) to assist employers in meeting the requirement of subparagraph (A), non-managerial direct care health care workers of employers participate in the identification and evaluation of needleless systems and sharps with engineered sharps injury protections. (2) Exception.--The bloodborne pathogens standard requirements of paragraph (1) shall apply to any employer, except where the employer demonstrates, to the Secretary's satisfaction, that-- (A) there are circumstances in the employer's work facility in which the needleless systems and sharps with engineered sharps injury protections do not promote employee safety, interfere with patient safety, or interfere with the success of a medical procedure; or (B) the needleless systems and sharps with engineered sharps injury protections required are not commercially available to the employer. (b) Standard Content.--For carrying out the requirement of subsection (a)(1) for needleless systems and sharps with engineered sharps injury protections, the amendment required by subsection (a) shall include the following: (1) Exposure control plan.--The employer shall include in their exposure control plan an effective procedure for identifying and selecting existing needleless systems and sharps with engineered sharps injury protections and other methods of preventing bloodborne pathogens exposure. (2) Sharps injury log.--In addition to the recording of all injuries from contaminated sharps on the OSHA Occupational Injuries and Illnesses 200 log or its equivalent, the employer shall maintain a separate contaminated sharps injury log containing the following information (to the extent such information is known to the employer) with regard to each exposure incident: (A) Date and time of the exposure incident. (B) Type and brand of sharp involved in the exposure incident. (C) Description of the exposure incident which shall include-- (i) job classification of the exposed employee; (ii) department or work area where the exposure incident occurred; (iii) the procedure that the exposed employee was performing at the time of the incident; (iv) how the incident occurred; (v) the body part involved in the exposure incident; (vi) if the sharp had engineered sharps injury protections-- (I) whether the protective mechanism was activated, and whether the injury occurred before the protective mechanism was activated, during activation of the mechanism, or after activation of the mechanism, if applicable; and (II) whether the employee received training on how to use the device before use, and a brief description of the training; (vii) if the sharp had no engineered sharps injury protections, the injured employee's opinion as to whether and how such a mechanism could have prevented the injury, as well as the basis for the opinion; and (viii) the employee's opinion about whether any other engineering, administrative, or work practice control could have prevented the injury as well as the basis for the opinion. (3) Training.--A requirement that all direct care health care workers shall be provided adequate training on the use of all needleless systems and sharps with engineered sharps injury protections which they may be required to use. SEC. 3. NATIONAL CLEARINGHOUSE ON SAFER NEEDLE TECHNOLOGY. (a) In General.--The Director of the National Institute for Occupational Safety and Health shall establish and maintain a national database on existing needleless systems and sharps with engineered sharps injury protections. (b) Evaluation Criteria.--The Director shall develop a set of evaluation criteria for use by employers, employees, and other persons when they are evaluating and selecting needleless systems and sharps with engineered sharps injury protections. (c) Training.--The Director shall develop a model training curriculum to train employers, employees, and other persons on the process of evaluating needleless systems and sharps with engineered sharps injury protections and shall (to the extent feasible) provide technical assistance to persons who request such assistance. (d) Monitoring.--The Director shall establish a national system to collect comprehensive data on needlestick injuries to health care workers, including data on mechanisms to analyze and evaluate prevention interventions in relation to needlestick injury occurrence. In carrying out its duties under this subsection, the National Institute for Occupational Safety and Health shall have access to information recorded by employers on the sharps injury log as required by section 2(b)(2). (e) Authorization.--There is authorized to be appropriated $15,000,000 to the National Institute of Occupational Safety and Health to carry out the requirements of this section. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Bloodborne pathogens.--The term ``bloodborne pathogens'' means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include hepatitis B virus, hepatitis C virus, and human immunodeficiency virus. (2) Contaminated.--The term ``contaminated'' means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface. (3) Direct care health care worker.--The term ``direct care health care worker'' means an employee responsible for direct patient care with potential occupational exposure to sharps related injuries. (4) Employer.--The term ``employer'' means each employer having an employee with occupational exposure to human blood or other material potentially containing bloodborne pathogens. (5) Engineered sharps injury protections.--The term ``engineered sharps injury protections'' means-- (A) a physical attribute built into a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, that effectively reduces the risk of an exposure incident by a mechanism such as barrier creation, blunting, encapsulation, withdrawal, retraction, destruction, or other effective mechanisms; or (B) a physical attribute built into any other type of needle device, or into a nonneedle sharp, which effectively reduces the risk of an exposure incident. (6) Needleless system.--The term ``needleless system'' means a device that does not use needles for-- (A) the withdrawal of body fluids after initial venous or arterial access is established; (B) the administration of medication or fluids; and (C) any other procedure involving the potential for an exposure incident. (7) Sharp.--The term ``sharp'' means any object used or encountered in a health care setting that can be reasonably anticipated to penetrate the skin or any other part of the body, and to result in an exposure incident, including, but not limited to, needle devices, scalpels, lancets, broken glass, broken capillary tubes, exposed ends of dental wires and dental knives, drills, and burs. (8) Sharps injury.--The term ``sharps injury'' means any injury caused by a sharp, including cuts, abrasions, or needlesticks. (9) Sharps injury log.--The term ``sharps injury log'' means a written or electronic record satisfying the requirements of section 2(b)(2). SEC. 5. APPLICATION TO MEDICARE HOSPITALS. The Secretary of Health and Human Services shall provide by regulation that, as a condition of participation under the medicare program under title XVIII of the Social Security Act of a hospital that is not otherwise subject to the bloodborne pathogens standard amended under section 2(a) because it is exempt from regulation by the Occupational Safety and Health Administration, the hospital shall comply with the bloodborne pathogen standard amended under section 2(a) with respect to any employees of the hospital, effective at the same time as such amended standard would have applied to the hospital if it had not been so exempt. SEC. 6. EFFECTIVE DATE. This Act shall become effective upon the date of its enactment, except that the Secretary of Labor shall take the action required by section 2 within 1 year of such date.

(Sec. 2) Includes under such revised standard requirements relating to: (1) exposure control plans; (2) sharps injury logs; and (3) worker training in the use of such systems and sharps. (Sec. 3) Requires the Director of the National Institute for Occupational Safety and Health (NIOSH) to establish and maintain a national database on existing needleless systems and sharps with engineered sharps injury protections. Requires the Director to: (1) develop a set of evaluation criteria for use by employers, employees, and other persons in evaluating and selecting such systems and sharps; (2) develop a model training curriculum to train employers, employees, and other persons in such evaluation process, and provide requested technical assistance to the extent feasible; and (3) establish a national system to collect comprehensive data on needlestick injuries to healthcare workers, including data on mechanisms to analyze and evaluate prevention. Authorizes NIOSH access to information recorded by employers in sharps injury logs. Authorizes appropriations. (Sec. 5) Directs the Secretary of Health and Human Services to require hospitals, as a condition of their Medicare program participation, to comply with the bloodborne pathogen standard as amended under this Act with respect to hospital employees, even if they are not otherwise subject to such standard because they are exempt from OSHA regulation.

Health Care Worker Needlestick Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Emergency Psychiatric Care Act''. SEC. 2. EXTENSION AND EXPANSION OF MEDICAID EMERGENCY PSYCHIATRIC DEMONSTRATION PROJECT. (a) In General.--Subsection (d) of section 2707 of Public Law 111- 148 (42 U.S.C. 1396a note) is amended to read as follows: ``(d) Length of Demonstration Project.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), the demonstration project established under this section shall be conducted for a period of 3 consecutive years. ``(2) Temporary extension of participation eligibility for selected states.-- ``(A) In general.--Subject to subparagraph (B) and paragraph (4), a State selected as an eligible State to participate in the demonstration project on or prior to March 13, 2012, shall, upon the request of the State, be permitted to continue to participate in the demonstration project through September 30, 2016, if-- ``(i) the Secretary determines that the continued participation of the State in the demonstration project is projected not to increase net program spending under title XIX of the Social Security Act; and ``(ii) the Chief Actuary of the Centers for Medicare & Medicaid Services certifies that such extension for that State is projected not to increase net program spending under title XIX of the Social Security Act. ``(B) Notice of projections.--The Secretary shall provide each State selected to participate in the demonstration project on or prior to March 13, 2012, with notice of the determination and certification made under subparagraph (A) for the State. ``(3) Extension and expansion of demonstration project.-- ``(A) Additional extension.--Taking into account the recommendations submitted to Congress under subsection (f)(3), the Secretary may permit an eligible State participating in the demonstration project as of the date such recommendations are submitted to continue to participate in the project through December 31, 2019, if, with respect to the State-- ``(i) the Secretary determines that the continued participation of the State in the demonstration project is projected not to increase net program spending under title XIX of the Social Security Act; and ``(ii) the Chief Actuary of the Centers for Medicare & Medicaid Services certifies that the continued participation of the State in the demonstration project is projected not to increase net program spending under title XIX of the Social Security Act. ``(B) Option for expansion to additional states.-- Taking into account the recommendations submitted to Congress pursuant to subsection (f)(3), the Secretary may expand the number of eligible States participating in the demonstration project through December 31, 2019, if, with respect to any new eligible State-- ``(i) the Secretary determines that the participation of the State in the demonstration project is projected not to increase net program spending under title XIX of the Social Security Act; and ``(ii) the Chief Actuary of the Centers for Medicare & Medicaid Services certifies that the participation of the State in the demonstration project is projected not to increase net program spending under title XIX of the Social Security Act. ``(C) Notice of projections.--The Secretary shall provide each State participating in the demonstration project as of the date the Secretary submits recommendations to Congress under subsection (f)(3), and any additional State that applies to be added to the demonstration project, with notice of the determination and certification made for the State under subparagraphs (A) and (B), respectively, and the standards used to make such determination and certification-- ``(i) in the case of a State participating in the demonstration project as of the date the Secretary submits recommendations to Congress under subsection (f)(3), not later than August 31, 2016; and ``(ii) in the case of an additional State that applies to be added to the demonstration project, prior to the State making a final election to participate in the project. ``(4) Authority to ensure budget neutrality.--The Secretary annually shall review each participating State's demonstration project expenditures to ensure compliance with the requirements of paragraphs (2)(A)(i), (2)(A)(ii), (3)(A)(i), (3)(A)(ii), (3)(B)(i), and (3)(B)(ii) (as applicable). If the Secretary determines with respect to a State's participation in the demonstration project that the State's net program spending under title XIX of the Social Security Act has increased as a result of the State's participation in the project, the Secretary shall treat the demonstration project excess expenditures of the State as an overpayment under title XIX of the Social Security Act.''. (b) Funding.--Subsection (e) of section 2707 of such Act (42 U.S.C. 1396a note) is amended-- (1) in the subsection heading, by striking ``Limitations on Federal''; (2) in paragraph (2)-- (A) in the paragraph heading, by striking ``5- year''; and (B) by striking ``through December 31, 2015'' and inserting ``until expended''; (3) by striking paragraph (3); (4) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; (5) in paragraph (3) (as so redesignated), by striking ``and the availability of funds'' and inserting ``(other than States deemed to be eligible States through the application of subsection (c)(4))''; and (6) in paragraph (4) (as so redesignated)-- (A) in the first sentence-- (i) by inserting ``(other than a State deemed to be an eligible State through the application of subsection (c)(4))'' after ``eligible State''; and (ii) by striking ``paragraph (4)'' and inserting ``paragraph (3)''; and (B) by inserting after the first sentence the following: ``In addition to any payments made to an eligible State under the preceding sentence, the Secretary shall, during any period in effect under paragraph (2) or (3) of subsection (d), or during any period in which a law described in subsection (f)(4)(C) is in effect, pay each eligible State (including any State deemed to be an eligible State through the application of subsection (c)(4)), an amount each quarter equal to the Federal medical assistance percentage of expenditures in the quarter during such period for medical assistance described in subsection (a). Payments made to a State for emergency psychiatric demonstration services under this section during the extension period shall be treated as medical assistance under the State plan for purposes of section 1903(a)(1) of the Social Security Act (42 U.S.C. 1396b(a)(1)).''. (c) Recommendations to Congress.--Subsection (f) of section 2707 of such Act (42 U.S.C. 1396a note) is amended by adding at the end the following: ``(3) Recommendation to congress regarding extension and expansion of project.--Not later than September 30, 2016, the Secretary shall submit to Congress and make available to the public recommendations based on an evaluation of the demonstration project, including the use of appropriate quality measures, regarding-- ``(A) whether the demonstration project should be continued after September 30, 2016; and ``(B) whether the demonstration project should be expanded to additional States. ``(4) Recommendation to congress regarding permanent extension and nationwide expansion.-- ``(A) In general.--Not later than April 1, 2019, the Secretary shall submit to Congress and make available to the public recommendations based on an evaluation of the demonstration project, including the use of appropriate quality measures, regarding-- ``(i) whether the demonstration project should be permanently continued after December 31, 2019, in 1 or more States; and ``(ii) whether the demonstration project should be expanded (including on a nationwide basis). ``(B) Requirements.--Any recommendation submitted under subparagraph (A) to permanently continue the project in a State, or to expand the project to 1 or more other States (including on a nationwide basis) shall include a certification from the Chief Actuary of the Centers for Medicare & Medicaid Services that permanently continuing the project in a particular State, or expanding the project to a particular State (or all States) is projected not to increase net program spending under title XIX of the Social Security Act. ``(C) Congressional approval required.--The Secretary shall not permanently continue the demonstration project in any State after December 31, 2019, or expand the demonstration project to any additional State after December 31, 2019, unless Congress enacts a law approving either or both such actions and the law includes provisions that-- ``(i) ensure that each State's participation in the project complies with budget neutrality requirements; and ``(ii) require the Secretary to treat any expenditures of a State participating in the demonstration project that are excess of the expenditures projected under the budget neutrality standard for the State as an overpayment under title XIX of the Social Security Act. ``(5) Funding.--Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Centers for Medicare & Medicaid Services Program Management Account to carry out this subsection, $100,000 for fiscal year 2015, to remain available until expended.''. (d) Conforming Amendments.--Section 2707 of such Act (42 U.S.C. 1396a note) is amended-- (1) in subsection (a), in the matter before paragraph (1), by inserting ``publicly or'' after ``institution for mental diseases that is''; (2) in subsection (c)-- (A) in paragraph (1), by striking ``An eligible State'' and inserting ``Except as otherwise provided in paragraph (4), an eligible State''; (B) in paragraph (3), by striking ``A State shall'' and inserting ``Except as otherwise provided in paragraph (4), a State shall''; and (C) by adding at the end the following: ``(4) Nationwide availability.--In the event that the Secretary makes a recommendation pursuant to subsection (f)(4) that the demonstration project be expanded on a national basis, any State that has submitted or submits an application pursuant to paragraph (2) shall be deemed to have been selected to be an eligible State to participate in the demonstration project.''; and (3) in the heading for subsection (f), by striking ``and Report'' and inserting ``, Report, and Recommendations''. (e) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Improving Access to Emergency Psychiatric Care Act This bill amends the Patient Protection and Affordable Care Act to: (1) extend the emergency psychiatric demonstration project, which allows eligible states to provide payment for medical assistance to certain psychiatric institutions under title XIX (Medicaid) of the Social Security Act; and (2) eliminate certain limitations on federal funding for the project. Provided that an eligible state's participation is projected not to increase net Medicaid program spending: (1) a state that is already participating in the project may continue to do so through FY2016, and (2) the Department of Health and Human Services (HHS) may allow a participating state or a new eligible state to participate in the project through 2019. HHS must submit recommendations to Congress regarding whether the project should be further extended or expanded.

Improving Access to Emergency Psychiatric Care Act