FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Everson Walls and Ron Springs Gift for Life Act of 2007''. SEC. 2. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 371A the following: ``SEC. 371B. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a National Organ and Tissue Donor Registry Resource Center (referred to in this section as the `Center'). ``(b) Duties.--The Center shall-- ``(1) advance the development, expansion, and evaluation of State organ and tissue donor registries; ``(2) facilitate timely access to and exchange of accurate donor information between State registries 7 days each week on a 24-hour basis; ``(3) ensure that State organ and tissue donor registries funded through section 371C are in compliance with the requirements described in such section, including the operating standards described in section 371C(d); ``(4) provide technical assistance to States for the establishment and operation of State organ and tissue registries; and ``(5) maintain a registry information clearinghouse, including by maintaining a Web site, to collect, synthesize, and disseminate best practices information about organ and tissue donor registries. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2008 through 2012.''. SEC. 3. GRANTS FOR STATE ORGAN AND TISSUE DONOR REGISTRIES. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 371B, as inserted by section 2, the following: ``SEC. 371C. GRANTS FOR STATE ORGAN AND TISSUE DONOR REGISTRIES. ``(a) Program Authorized.--The Secretary shall award grants or cooperative agreements to eligible entities to support the development, enhancement, expansion, and evaluation of State organ and tissue donor registries. ``(b) Definition.--In this section, the term `eligible entity' means a State agency or a State contracted entity. ``(c) Use of Funds.--As a condition on the receipt of a grant or cooperative agreement under this section, an eligible entity shall agree to use the grant or cooperative agreement-- ``(1) to develop, expand, or maintain a State organ and tissue donor registry; and ``(2) to establish benchmarks for improvement in organ and tissue donation in the State. ``(d) Operating Standards.--As a condition on the receipt of a grant or cooperative agreement under this section for a State organ and tissue donor registry, an eligible entity shall agree to maintain the registry in accordance with the following: ``(1) The registry must allow a donor or any other person authorized by the donor to include in the registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift. ``(2) The registry must be accessible to any qualified organ procurement organization described in section 371(b) to allow the organization to obtain relevant information on the registry to determine, at or near the death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. ``(3) The registry must be accessible as described in paragraphs (1) and (2) 7 days each week on a 24-hour basis. ``(4) The registry must ensure that personally identifiable information on the registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor or prospective donor for any purpose other than to determine, at or near the death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. ``(e) Application.--To seek a grant or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(f) Report.--As a condition on the receipt of a grant or cooperative agreement under this section, not later than 180 days after receipt of the grant or cooperative agreement, and every 180 days thereafter (through the date of completion of the activities funded through the grant or cooperative agreement), an eligible entity shall prepare and submit a report to the Secretary that-- ``(1) describes the manner in which such entity has used amounts received through the grant or cooperative agreement; and ``(2) assesses initiatives that may be replicated in other States. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2008 through 2012.''. SEC. 4. STUDY ON FEASIBILITY OF ESTABLISHING A LIVING DONOR DATABASE. Section 371A of the Public Health Service Act (42 U.S.C. 273a) is amended-- (1) by striking ``The Secretary may establish'' and inserting ``(a) In General.--The Secretary may establish''; and (2) by adding at the end the following: ``(b) Study.--Not later than 1 year after the date of the enactment of the Everson Walls and Ron Springs Gift for Life Act of 2007, the Comptroller General of the United States shall-- ``(1) complete a study to determine the feasibility of establishing a living donor database for the purpose of tracking the short- and long-term health effects for such donors associated with living organ donation; and ``(2) submit a report to the Congress on the results of such study.''.

Everson Walls and Ron Springs Gift for Life Act of 2007 - 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 establish a National Organ Tissue Donor Registry Resource Center, which shall: (1) advance the development, expansion, and evaluation of state organ and tissue donor registries; (2) facilitate timely access to, and the exchange of accurate donor information between, such registries 24 hours a day; (3) ensure that funded registries comply with requirements; (4) provide technical assistance to states for such registries; and (5) maintain a registry information clearinghouse. Requires the Secretary to award grants or cooperative agreements to eligible entities for such registries. Requires recipients to agree to establish benchmarks for improvement in organ and tissue donation and to maintain registries that: (1) allow a donor to include a statement or symbol that the donor has made, amended, or revoked an anatomical gift; (2) allow organ procurement organizations to access that information, at or near the donor's death, 24 hours a day; and (3) bar the use or disclosure of personally identifiable information for any other purpose without the donor's consent. Directs the Comptroller General to study and report to Congress on the feasibility of establishing a living donor database to track short- and long-term health effects for donors associated with living organ donation.

To amend the Public Health Service Act to establish a National Organ and Tissue Donor Registry Resource Center, to authorize grants for State organ and tissue donor registries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wartime Violation of Italian American Civil Liberties Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The freedom of more than 600,000 Italian-born immigrants in the United States and their families was restricted during World War II by Government measures that branded them ``enemy aliens'' and included carrying identification cards, travel restrictions, and seizure of personal property. (2) During World War II more than 10,000 Italian Americans living on the West Coast were forced to leave their homes and prohibited from entering coastal zones. More than 50,000 were subjected to curfews. (3) During World War II thousands of Italian American immigrants were arrested, and hundreds were interned in military camps. (4) Hundreds of thousands of Italian Americans performed exemplary service and thousands sacrificed their lives in defense of the United States. (5) At the time, Italians were the largest foreign-born group in the United States, and today are the fifth largest immigrant group in the United States, numbering approximately 15,000,000. (6) The impact of the wartime experience was devastating to Italian American communities in the United States, and its effects are still being felt. (7) A deliberate policy kept these measures from the public during the war. Even 50 years later much information is still classified, the full story remains unknown to the public, and it has never been acknowledged in any official capacity by the United States Government. SEC. 3. REPORT. The Inspector General of the Department of Justice shall conduct a comprehensive review of the treatment by the United States Government of Italian Americans during World War II, and not later than 1 year after the date of enactment of this Act shall submit to the Congress a report that documents the findings of such review. The report shall cover the period between September 1, 1939, and December 31, 1945, and shall include the following: (1) The names of all Italian Americans who were taken into custody in the initial roundup following the attack on Pearl Harbor, and prior to the United States declaration of war against Italy. (2) The names of all Italian Americans who were taken into custody. (3) The names of all Italian Americans who were interned and the location where they were interned. (4) The names of all Italian Americans who were ordered to move out of designated areas under the United States Army's ``Individual Exclusion Program''. (5) The names of all Italian Americans who were arrested for curfew, contraband, or other violations under the authority of Executive Order 9066. (6) Documentation of Federal Bureau of Investigation raids on the homes of Italian Americans. (7) A list of ports from which Italian American fishermen were restricted. (8) The names of Italian American fishermen who were prevented from fishing in prohibited zones and therefore unable to pursue their livelihoods. (9) The names of Italian Americans whose boats were confiscated. (10) The names of Italian American railroad workers who were prevented from working in prohibited zones. (11) A list of all civil liberties infringements suffered by Italian Americans during World War II, as a result of Executive Order 9066, including internment, hearings without benefit of counsel, illegal searches and seizures, travel restrictions, enemy alien registration requirements, employment restrictions, confiscation of property, and forced evacuation from homes. (12) An explanation of why some Italian Americans were subjected to civil liberties infringements, as a result of Executive Order 9066, while other Italian Americans were not. (13) A review of the wartime restrictions on Italian Americans to determine how civil liberties can be better protected during national emergencies. SEC. 4. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the story of the treatment of Italian Americans during World War II needs to be told in order to acknowledge that these events happened, to remember those whose lives were unjustly disrupted and whose freedoms were violated, to help repair the damage to the Italian American community, and to discourage the occurrence of similar injustices and violations of civil liberties in the future; (2) Federal agencies, including the Department of Education and the National Endowment for the Humanities, should support projects such as-- (A) conferences, seminars, and lectures to heighten awareness of this unfortunate chapter in our Nation's history; (B) the refurbishment of and payment of all expenses associated with the traveling exhibit ``Una Storia Segreta'', exhibited at major cultural and educational institutions throughout the United States; and (C) documentaries to allow this issue to be presented to the American public to raise its awareness; (3) an independent, volunteer advisory committee should be established comprised of representatives of Italian American organizations, historians, and other interested individuals to assist in the compilation, research, and dissemination of information concerning the treatment of Italian Americans; and (4) after completion of the report required by this Act, financial support should be provided for the education of the American public through the production of a documentary film suited for public broadcast. SEC. 5. FORMAL ACKNOWLEDGEMENT. The United States Government formally acknowledges that these events during World War II represented a fundamental injustice against Italian Americans.

Expresses the sense of Congress that: (1) the story of the treatment of Italian Americans during World War II needs to be told; (2) Federal agencies, including the Department of Education and the National Endowment for the Humanities, should support projects such as conferences, seminars, and lectures to heighten awareness of this unfortunate chapter in our nation's history, the refurbishment and payment of all expenses associated with the traveling exhibit "Una Storia Segreta," and documentaries allowing this issue to be presented to the American public; (3) an advisory committee should be established to assist in the compilation, research, and dissemination of information on the treatment of Italian Americans; and (4) financial support should be provided for educating the American public through the production of a documentary film suited for public broadcast. States that the U.S. Government formally acknowledges that these events during World War II represented a fundamental injustice against Italian Americans.

Wartime Violation of Italian American Civil Liberties Act

SECTION 1. USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEMS BY CHILDREN. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Use of safety belts and child restraint systems by children ``(a) Definitions.--In this section, the following definitions apply: ``(1) Child safety restraint law.--The term `child safety restraint law' means a State law that prohibits the driver of a passenger motor vehicle from driving the vehicle whenever there is in the vehicle a child under the age of 16 who does not have a safety belt properly fastened about the child's body, except if the child is under the age of 9 and is properly secured in a child safety seat or other appropriate restraint system in accordance with the instructions of the manufacturer of such seat or system. ``(2) Child safety seat.--The term `child safety seat' means a specially designed seating system (including booster and child safety seats) which meets the Federal motor vehicle safety standards set forth in section 571.213 of title 49 of the Code of Federal Regulations, as such section may be amended from time to time, and which is either permanently affixed to a passenger motor vehicle or is affixed to a passenger motor vehicle by a safety belt or a universal attachment system. ``(3) Motor vehicle.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. ``(4) Multipurpose passenger vehicle.--The term `multipurpose passenger vehicle' means a motor vehicle with motive power (except a trailer), designed to carry not more than 10 individuals, that is constructed either on a truck chassis or with special features for occasional off-road operation. ``(5) Passenger car.--The term `passenger car' means a motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer) designed to carry not more than 10 individuals. ``(6) Passenger motor vehicle.--The term `passenger motor vehicle' means a passenger car or a multipurpose passenger vehicle. ``(7) Safety belt.--The term `safety belt' means-- ``(A) with respect to open-body passenger motor vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt meeting applicable Federal motor vehicle safety standards; and ``(B) with respect to other passenger motor vehicles, an occupant restraint system consisting of integrated lap and shoulder belts meeting applicable Federal motor vehicle standards. ``(b) Transfer of Funds.-- ``(1) Fiscal year 2005.--On October 1, 2004, if a State has not enacted a child safety restraint law, the Secretary shall transfer an amount equal to 4 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used to implement a statewide comprehensive child and other passenger protection education program to promote child and other passenger safety, including education programs about proper seating positions for children in air bag equipped motor vehicles and instruction that increases the proper use of child restraint systems. ``(2) Fiscal year 2006.--On October 1, 2005, if a State has not enacted a child safety restraint law, the Secretary shall transfer an amount equal to 6 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used as described in paragraph (1) of this subsection. ``(3) Fiscal year 2007.--On October 1, 2006, if a State has not enacted a child safety restraint law, the Secretary shall transfer an amount equal to 8 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used as described in paragraph (1) of this subsection. ``(4) Fiscal year 2008 and thereafter.--On October 1, 2007, and each October 1 thereafter, if a State has not enacted a child safety restraint law, the Secretary shall transfer an amount equal to 10 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used as described in paragraph (1) of this subsection. ``(c) Federal Share.--The Federal share of the cost of a project carried out with funds transferred under subsection (b) shall be 100 percent. ``(d) Derivation of Amount To Be Transferred.--The amount to be transferred under subsection (b)(1), (b)(2), (b)(3), or (b)(4) may be derived from 1 or more of the following: ``(1) The apportionment of the State under section 104(b)(1). ``(2) The apportionment of the State under section 104(b)(3). ``(3) The apportionment of the State under section 104(b)(4). ``(f) Transfer of Obligation Authority.-- ``(1) In general.--If the Secretary transfers under this section any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under paragraph (2), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402. ``(2) Amount.--The amount of obligation authority referred to in paragraph (1) shall be determined by multiplying-- ``(A) the amount of funds transferred under this section to the apportionment of the State under section 402 for the fiscal year; by ``(B) the ratio that-- ``(i) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs; bears to ``(ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year. ``(g) Limitation on Applicability of Obligation Limitation.-- Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this section to the apportionment of a State under such section.''. (b) Conforming Amendment.--The analysis for such subchapter is amended by adding at the end the following: ``165. Use of safety belts and child restraint systems by children.''.

Amends Federal highway provisions to direct that, if by specified dates (starting on October 1, 2004) a State has not enacted a child safety restraint law, the Secretary of Transportation shall transfer specified percentages of State highway funds to implement a statewide comprehensive child and other passenger protection education program to promote safety, including education programs about proper seating positions for children in air bag equipped motor vehicles and instruction that increases the proper use of child restraint systems.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Price Gouging Prevention Act''. SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE AND OTHER PETROLEUM DISTILLATES DURING EMERGENCIES. (a) Unconscionable Pricing.-- (1) In general.--It shall be unlawful for any person to sell, at wholesale or at retail in an area and during a period of an energy emergency, gasoline or any other petroleum distillate covered by a proclamation issued under paragraph (2) at a price that-- (A) is unconscionably excessive; and (B) indicates the seller is taking unfair advantage of the circumstances related to an energy emergency to increase prices unreasonably. (2) Energy emergency proclamation.-- (A) In general.--The President may issue an energy emergency proclamation for any area within the jurisdiction of the United States, during which the prohibition in paragraph (1) shall apply. The proclamation shall state the geographic area covered, the gasoline or other petroleum distillate covered, and the time period that such proclamation shall be in effect. (B) Duration.--The proclamation-- (i) may not apply for a period of more than 30 consecutive days, but may be renewed for such consecutive periods, each not to exceed 30 days, as the President determines appropriate; and (ii) may include a period of time not to exceed 1 week preceding a reasonably foreseeable emergency. (3) Factors considered.--In determining whether a person has violated paragraph (1), there shall be taken into account, among other factors-- (A) whether the amount charged by such person for the applicable gasoline or other petroleum distillate at a particular location in an area covered by a proclamation issued under paragraph (2) during the period such proclamation is in effect-- (i) grossly exceeds the average price at which the applicable gasoline or other petroleum distillate was offered for sale by that person during the 30 days prior to such proclamation; (ii) grossly exceeds the price at which the same or similar gasoline or other petroleum distillate was readily obtainable in the same area from other competing sellers during the same period; (iii) reasonably reflected additional costs, not within the control of that person, that were paid, incurred, or reasonably anticipated by that person, or reflected additional risks taken by that person to produce, distribute, obtain, or sell such product under the circumstances; and (iv) was substantially attributable to local, regional, national, or international market conditions; and (B) whether the quantity of gasoline or other petroleum distillate the person produced, distributed, or sold in an area covered by a proclamation issued under paragraph (2) during a 30-day period following the issuance of such proclamation increased over the quantity that that person produced, distributed, or sold during the 30 days prior to such proclamation, taking into account usual seasonal demand variations. (b) Definitions.--As used in this section-- (1) the term ``wholesale'', with respect to sales of gasoline or other petroleum distillates, means either truckload or smaller sales of gasoline or petroleum distillates where title transfers at a product terminal or a refinery, and dealer tank wagon sales of gasoline or petroleum distillates priced on a delivered basis to retail outlets; and (2) the term ``retail'', with respect to sales of gasoline or other petroleum distillates, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. (c) Construction.--As described in this section, a sale of gasoline or other petroleum distillate does not include a transaction on a futures market. SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Enforcement by FTC.--A violation of section 2 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. In enforcing section 2(a) of this Act, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $500,000,000 per year. (b) Civil Penalties.-- (1) In general.--Notwithstanding the penalties set forth under the Federal Trade Commission Act, any person who violates this Act with actual knowledge or knowledge fairly implied on the basis of objective circumstances shall be subject to the following penalties: (A) Price gouging; unjust profits.--Any person who violates section 2(a) shall be subject to-- (i) a fine of not more than 3 times the amount of profits gained by such person through such violation; or (ii) a fine of not more than $3,000,000. (B) False information.--Any person who violates section 2(b) shall be subject to a civil penalty of not more than $1,000,000. (2) Method.--The penalties provided by paragraph (1) shall be obtained in the same manner as civil penalties obtained under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the court shall take into consideration, among other factors, the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. SEC. 4. CRIMINAL PENALTIES. (a) In General.--In addition to any penalty applicable under section 3, any person who violates section 2 shall be fined under title 18, United States Code-- (1) if a corporation, not to exceed $150,000,000; and (2) if an individual not to exceed $2,000,000, or imprisoned for not more than 10 years, or both. (b) Enforcement.--The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2(a) of this Act, or to impose the civil penalties authorized by section 3(b)(1)(B), whenever the attorney general of the State 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 Act or a regulation under this Act, involving a retail sale. (b) Notice.--The State shall serve written notice to the Federal Trade Commission of any civil action under subsection (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 subsection (b), the Federal Trade Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general 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 of Process.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which-- (A) the defendant operates; (B) the defendant was authorized to do business; or (C) the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant 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 Federal Trade Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the other agency for any violation of this Act alleged in the complaint. (g) Enforcement of State Law.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. SEC. 6. LOW INCOME ENERGY ASSISTANCE. Amounts collected in fines and penalties under section 3 of this Act shall be deposited in a separate fund in the treasury to be known as the Consumer Relief Trust Fund. To the extent provided for in advance in appropriations Acts, the fund shall be used to provide assistance under the Low Income Home Energy Assistance Program administered by the Secretary of Health and Human Services. SEC. 7. EFFECT ON OTHER LAWS. (a) Other Authority of Federal Trade Commission.--Nothing in this Act shall be construed to limit or affect in any way the Federal Trade Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--Nothing in this Act preempts any State law.

Federal Price Gouging Prevention Act - Makes it unlawful, during a period proclaimed by the President as an energy emergency, to sell gasoline or any other petroleum distillate at a price that: (1) is unconscionably excessive; or (2) indicates the seller is taking unfair advantage of the circumstances of an emergency to increase prices unreasonably. Authorizes the President to issue an energy emergency proclamation of up to 30 days, with renewals allowed, and to cite the geographic area, gasoline or other petroleum distillate, and time period covered. Authorizes a proclamation to include a period of up to one week preceding a reasonably foreseeable emergency. Exempts from this Act a sale of gasoline or other petroleum distillate transaction on a futures market. Empowers the Federal Trade Commission (FTC) and state attorneys general to enforce this Act and provides for civil and criminal penalties, limiting the criminal penalty to criminal actions brought by the Department of Justice (DOJ). Allows a state to bring a civil action to enforce this Act or to impose civil penalties. Requires deposit of fines and penalties collected under this Act in a separate Consumer Relief Trust Fund fund in the Treasury to provide assistance under the Low Income Home Energy Assistance (LIHEAP) Program. Declares that nothing in this Act preempts state law.

To protect consumers from price-gouging of gasoline and other fuels, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Number Protection Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Person.--The term ``person'' means any individual, partnership, corporation, trust, estate, cooperative, association, or any other entity. (3) Sale.--The term ``sale'' means obtaining, directly or indirectly, anything of value in exchange for a Social Security number or Social Security account number. Such term does not include the submission of such numbers as part of the process for applying for any type of Government benefit or programs (such as grant or loan applications or welfare or other public assistance programs). Such term also does not include transfers of such numbers as part of a data matching program under the Computer Matching and Privacy Protection Act. (4) Purchase.--The term ``purchase'' means providing directly or indirectly, anything of value in exchange for a Social Security number or Social Security account number. Such term does not include the submission of such numbers as part of the process for applying for any type of Government benefit or programs (such as grant or loan applications or welfare or other public assistance programs). Such term also does not include transfers of such numbers as part of a data matching program under the Computer Matching and Privacy Protection Act. (5) Social security number.--The term ``Social Security number'' means the social security account number assigned to an individual under section 205(c)(2)(B) of the Social Security Act (42 U.S.C. 405(c)(2)(B)). (6) State.--The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any territory or possession of the United States. SEC. 3. REGULATION OF THE SALE AND PURCHASE OF SOCIAL SECURITY NUMBERS. (a) Prohibition.--It shall be unlawful for any person to sell or purchase a Social Security number in a manner that violates a regulation promulgated by the Commission under subsection (b) of this section. (b) Regulations.-- (1) Restrictions authorized.--The Commission, after consultation with the Commissioner of Social Security, the Attorney General, and other agencies as the Commission deems appropriate, shall promulgate regulations restricting the sale and purchase of Social Security numbers and any unfair or deceptive acts or practices in connection with the sale and purchase of Social Security numbers. (2) Limitations on restrictions.--In promulgating such regulations, the Commission shall impose restrictions and conditions on the sale and purchase of Social Security numbers that are no broader than necessary-- (A) to provide reasonable assurance that Social Security numbers will not be used to commit or facilitate fraud, deception, or crime; and (B) to prevent an undue risk of bodily, emotional, or financial harm to individuals. For purposes of subparagraph (B), the Commission shall consider the nature, likelihood, and severity of the anticipated harm; the nature, likelihood, and extent of any benefits that could be realized from the sale or purchase of the numbers; and any other relevant factors. (3) Exceptions.--The regulations promulgated pursuant to paragraph (1) shall include exceptions which permit the sale and purchase of Social Security numbers-- (A) to the extent necessary for law enforcement or national security purposes; (B) to the extent necessary for public health purposes; (C) to the extent necessary in emergency situations to protect the health or safety of 1 or more individuals; (D) to the extent necessary for research conducted for the purpose of advancing public knowledge, on the condition that the researcher provides adequate assurances that-- (i) the Social Security numbers will not be used to harass, target, or publicly reveal information concerning any identifiable individuals; (ii) information about identifiable individuals obtained from the research will not be used to make decisions that directly affect the rights, benefits, or privileges of specific individuals; and (iii) the researcher has in place appropriate safeguards to protect the privacy and confidentiality of any information about identifiable individuals; (E) to the extent consistent with an individual's voluntary and affirmative written consent to the sale or purchase of a Social Security number that has been assigned to that individual; (F) to the extent necessary for legitimate consumer credit verification, if the Social Security numbers used for such verification are redacted in accordance with uniform redaction standards established by the Commission in such regulations; and (G) under other appropriate circumstances as the Commission may determine and as are consistent with the principles in paragraph (2). (c) Rulemaking.-- (1) Deadline for action.--Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate the regulations under subsection (b) of this section, in accordance with section 553 of title 5, United States Code. (2) Effective dates.--Subsection (a) and the regulations promulgated under subsection (b) shall take effect 30 days after the date on which the final regulations issued under this section are published in the Federal Register. (d) Enforcement.--Any violation of a regulation promulgated under subsection (b) of this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (e) Administration and Enforcement.-- (1) The commission.--The Commission shall prevent any person from violating this section, and any regulation promulgated thereunder, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.) as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Nothing contained in this Act shall be construed to limit the authority of the Commission under any other provision of law. (2) Actions by states.-- (A) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice that violates any regulation of the Commission promulgated under subsection (b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction, to-- (i) enjoin that act or practice; (ii) enforce compliance with the regulation; (iii) obtain civil penalties in an amount of $11,000 per violation not to exceed a total of $5,000,000; or (iv) obtain such other legal and equitable relief as the district court may consider to be appropriate. Before filing an action under this subsection, the attorney general of the State involved shall provide to the Commission and to the Attorney General a written notice of that action and a copy of the complaint for that action. If the State attorney general determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action, the State attorney general shall provide the written notice and the copy of the complaint to the Commission and to the Attorney General as soon after the filing of the complaint as practicable. (B) Commission and attorney general authority.--On receiving notice under subparagraph (A), the Commission and the Attorney General each shall have the right-- (i) to move to stay the action, pending the final disposition of a pending Federal matter as described in subparagraph (c); (ii) to intervene in an action under clause (I); (iii) upon so intervening, to be heard on all matters arising therein; and (iv) to file petitions for appeal. (C) Pending criminal proceedings.--If the Attorney General has instituted a criminal proceeding or the Commission has instituted a civil action for a violation of this Act or any regulations thereunder, no State may, during the pendency of such proceeding or action, bring an action under this section against any defendant named in the criminal proceeding or civil action for any violation of this section that is alleged in that proceeding or action. (D) Rule of construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (E) Venue; service of process.--Any action brought under this section may be brought in any district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. In an action brought under this section, process may be served in any district in which the defendant is an inhabitant or may be found. SEC. 4. EFFECT ON OTHER LAWS. This Act supersedes any provision of a statute, regulation, or rule of a State or political subdivision of a State that expressly restricts or prohibits the sale or purchase of Social Security numbers in a manner consistent with the regulations promulgated under section 3(b).

Social Security Number Protection Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to make it unlawful for any person, except in certain circumstances, to: (1) intentionally display the Social Security number of another individual on a website generally accessible to the public or providing an individual with access to another individual's Social Security number through the Internet; (2) require an individual who is a customer of or member associated with such person to use the individual's Social Security number as a password for access to any good or service, including any account or protected access website; or (3) display any individual's Social Security number on any membership or identity card. Amends SSA title II to make it unlawful for any person to sell or purchase a Social Security number, without an individual's voluntary written consent, in a manner that violates a regulation promulgated by the Federal Trade Commission (FTC), except in certain circumstances related to law enforcement, national security, public health, or emergency safety and health. Prescribes requirements for such a sale or purchase in other circumstances related to consumer credit verification or specified research. Requires the Commission to study and report to Congress on the feasibility of banning use of the Social Security number as a primary means of authenticating identity or verifying it for commercial transactions. Requires the study also to examine possible alternatives to Social Security numbers for such purposes and uses.

To strengthen the authority of the Federal Government to protect individuals from certain acts and practices in the sale and purchase of Social Security numbers and Social Security account numbers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Manufacturing Efficiency and Retraining Investment Collaboration Achievement Works Act'' or the ``AMERICA Works Act''. SEC. 2. INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE CREDENTIALS FOR JOB TRAINING PROGRAMS. (a) Workforce Investment Act of 1998.-- (1) General employment and training activities.--Section 134(d)(4)(F) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)(F)) is amended by adding at the end the following: ``(iv) Priority for programs that provide an industry-recognized and nationally portable credential.--In selecting and approving training services, or programs of training services, under this section, a one-stop operator and employees of a one-stop center referred to in subsection (c) shall give priority consideration to services and programs (approved by the appropriate State agency and local board in conjunction with section 122) that lead to a credential that is in high demand in the local area served and listed in the registry described in section 3(b) of the AMERICA Works Act.''. (2) Youth activities.--Section 129(c)(1)(C) of the Workforce Investment Act of 1998 (29 U.S.C. 2854(c)(1)(C)) is amended-- (A) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; and (B) inserting after clause (i) the following: ``(ii) training (with priority consideration given to programs that lead to a credential that is in high demand in the local area served and listed in the registry described in section 3(b) of the AMERICA Works Act, if the local board determines that such programs are available and appropriate);''. (b) Career and Technical Education.-- (1) Core postsecondary indicators.--Section 113(b)(2)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)(2)(B)) is amended-- (A) by redesignating clauses (iii) through (vi) as clauses (iv) through (vii), respectively; and (B) by inserting after clause (ii) the following: ``(iii) Student attainment of a high-demand registry skills credential described in section 122(c)(1)(B)(i).''. (2) State plan.--Section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(B)) is amended by striking the semicolon at the end and inserting the following: ``and, with respect to programs of study leading to an industry-recognized credential or certificate, will give priority consideration to programs of study that-- ``(i) lead to an appropriate (as determined by the eligible agency) skills credential (which may be a certificate) that is in high demand in the area served and listed in the registry described in section 3(b) of the AMERICA Works Act; and ``(ii) may provide a basis for additional credentials, certificates, or degrees;''. (3) Use of local funds.--Section 134(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2354(b)) is amended-- (A) in paragraph (11), by striking ``; and'' and inserting a semicolon; (B) in paragraph (12)(B), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(13) describe the career and technical education activities supporting the attainment of industry-recognized credentials or certificates, and how the eligible recipient, in selecting such activities, gave priority consideration to activities supporting high-demand registry skill credentials described in section 122(c)(1)(B)(i).''. (4) Tech-prep programs.--Section 203 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2373) is amended-- (A) in subsection (c)(2)(E), by striking ``industry-recognized credential, a certificate,'' and inserting ``industry-recognized credential or certificate (such as a high-demand registry skill credential described in section 122(c)(1)(B)(i)),''; and (B) in subsection (e)(1)(B)-- (i) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and (ii) by inserting after clause (iii) the following: ``(iv) complete a high-demand registry skill credential described in section 122(c)(1)(B)(i);''. (c) Training Programs Under TAA.--Section 236(a)(5) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is amended by inserting after the sentence that follows subparagraph (H)(ii) the following: ``In approving training programs under paragraph (1), the Secretary shall give priority consideration to programs that lead to a credential that is in high demand in the local area (defined for purposes of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)) served by the corresponding one-stop delivery system under that title for the training programs, and that is listed in the registry described in section 3(b) of the AMERICA Works Act.''. SEC. 3. SKILL CREDENTIAL REGISTRY. (a) Definitions.--In this section: (1) Covered provision.--The term ``covered provision'' means any of sections 129 and 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2854, 2864), section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(B)), and section 236 of the Trade Act of 1974 (19 U.S.C. 2296). (2) Industry-recognized.--The term ``industry-recognized'', used with respect to a credential, means a credential that-- (A) is sought or accepted by companies within the industry sector involved as recognized, preferred, or required for recruitment, screening, or hiring; and (B) is endorsed by a nationally recognized trade association or organization representing a significant part of the industry sector. (3) Nationally portable.--The term ``nationally portable'', used with respect to a credential, means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring. (4) Workforce investment activities.--The term ``workforce investment activities'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (b) Registry.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, the Secretary of Labor (referred to in this section as the ``Secretary'') shall create a registry of skill credentials (which may be certificates), for purposes of enabling programs that lead to such a credential to receive priority under a covered provision. (2) Registry.--The Secretary-- (A) shall list the credential in the registry if the credential is-- (i) required by Federal or State law for an occupation (such as a credential required by a State law regarding qualifications for a health care occupation); or (ii) a credential from the Manufacturing Institute-Endorsed Manufacturing Skills Certification System; and (B) may list the credential in the registry if the credential is an industry-recognized, nationally portable credential that is consistent with the Secretary's established industry competency models and the model for the American College Test National Career Readiness Certification. (c) Rule of Construction.--Nothing in this Act shall be construed to require an entity with responsibility for selecting or approving an education, training, or workforce investment activities program with regard to a covered provision, to select a program with a credential listed in the registry described in subsection (b). SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act, take effect 120 days after the date of enactment of this Act.

American Manufacturing Efficiency and Retraining Investment Collaboration Achievement Works Act or AMERICA Works Act - Amends the Workforce Investment Act of 1998, with respect to statewide and local adult and youth workforce investment employment and training programs, to require a one-stop delivery system, in selecting and approving training services, or programs of training services, to give priority consideration to state- and local board-approved services and programs that lead to an industry-recognized and nationally portable credential that is in high demand in the local area served and listed in the skill credential registry created under this Act. Amends the Carl D. Perkins Career and Technical Education Act of 2006 to require the same priority consideration in the state and local plans for career and technical education programs as well as in tech prep programs. Amends the Trade Act of 1974 to direct the Secretary of Commerce to give priority consideration to Trade Adjustment Assistance (TAA) training programs that lead to a industry-recognized and nationally portable credential listed in the skill credential registry that is in high demand in the local area served by the corresponding one-stop delivery system. Requires the Secretary of Labor to: (1) create a registry of skill credentials; and (2) list them in the registry if they are required by federal or state law for an occupation, or are from the Manufacturing Institute-Endorsed Manufacturing Skills Certification System. Authorizes the Secretary to list a credential in the registry if it is an industry-recognized and nationally portable credential consistent with established industry competency models, including the one for the American College Test National Career Readiness Certification.

A bill to require that certain Federal job training and career education programs give priority to programs that provide an industry-recognized and nationally portable credential.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Partners Neighborhood Preservation Act of 2011''. SEC. 2. COMMUNITY PARTNERS NEXT DOOR PROGRAM. (a) Congressional Findings.--The Congress finds that-- (1) teachers, law enforcement officers, fire fighters, and rescue personnel help form the backbones of communities and are integral components in the social capital of neighborhoods in the United States; and (2) providing a discounted purchase price on HUD-owned properties for teachers, law enforcement officers, fire fighters, and rescue personnel recognizes the intrinsic value of the services provided by such employees to their communities and to family life and encourages and rewards those who are dedicated to providing public service in our most needy communities. (b) Discount and Downpayment Assistance for Teachers.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; and (2) by inserting after paragraph (6) the following new paragraph: ``(7) 50 percent discount for teachers and public safety officers purchasing properties that are eligible assets.-- ``(A) Discount.--A property that is an eligible asset and is sold, during fiscal years 2012 through 2022, to a teacher or public safety officer for use in accordance with subparagraph (B) shall be sold at a price that is equal to 50 percent of the appraised value of the eligible property (as determined in accordance with paragraph (6)(B)). In the case of a property eligible for both a discount under this paragraph and a discount under paragraph (6), the discount under paragraph (6) shall not apply. ``(B) Primary residence.--An eligible property sold pursuant to a discount under this paragraph shall be used, for not less than the 3-year period beginning upon such sale, as the primary residence of a teacher or public safety officer. ``(C) Sale methods.--The Secretary may sell an eligible property pursuant to a discount under this paragraph-- ``(i) to a unit of general local government or nonprofit organization (pursuant to paragraph (4) or otherwise), for resale or transfer to a teacher or public safety officer; or ``(ii) directly to a purchaser who is a teacher or public safety officer. ``(D) Resale.--In the case of any purchase by a unit of general local government or nonprofit organization of an eligible property sold at a discounted price under this paragraph, the sale agreement under paragraph (8) shall-- ``(i) require the purchasing unit of general local government or nonprofit organization to provide the full benefit of the discount to the teacher or public safety officer obtaining the property; and ``(ii) in the case of a purchase involving multiple eligible assets, any of which is such an eligible property, designate the specific eligible property or properties to be subject to the requirements of subparagraph (B). ``(E) Mortgage downpayment assistance.--If a teacher or public safety officer purchases an eligible property pursuant to a discounted sale price under this paragraph and finances such purchase through a mortgage insured under this title, notwithstanding any provision of section 203 the downpayment on such mortgage shall be $100. ``(F) Prevention of undue profit.--The Secretary shall issue regulations to prevent undue profit from the resale of eligible properties in violation of the requirement under subparagraph (B). ``(G) Definitions.--For the purposes of this paragraph, the following definitions shall apply: ``(i) The terms `elementary school' and `secondary school' have the meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), except that, for purposes of this paragraph, elementary education (as used in such section) shall include pre-Kindergarten education. ``(ii) The term `eligible property' means an eligible asset described in paragraph (2)(A) of this subsection. ``(iii) The term `public safety officer' means an individual who is employed on a full- time basis as a public safety officer, as such term is defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). ``(iv) The term `teacher' means an individual who is employed on a full-time basis, in an elementary or secondary school, as a State-certified or State-licensed classroom teacher or as an administrator.''. (c) Conforming Amendments.--Section 204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended-- (1) in paragraph (4)(B)(ii), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; (2) in paragraph (5)(B)(i), by striking ``paragraph (7)'' and inserting ``paragraph (8)''; and (3) in paragraph (6)(A), by striking ``paragraph (8)'' and inserting ``paragraph (9)''. (d) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue regulations to implement the amendments made by this section. (e) Sense of Congress Regarding Inclusion of Other Federal Properties in Community Partners Next Door Program.--It is the sense of the Congress that the Secretary of Housing and Urban Development should consult with the heads of other agencies of the Federal Government that own or hold properties appropriate for use as housing to determine the possibility and effectiveness of including such properties in the program pursuant to section 204(h)(7) of the National Housing Act, and other programs that make housing available for law enforcement officers, teachers, or fire fighters. SEC. 3. ELIGIBILITY OF COMMUNITY PARTNERS FOR PURCHASE OF HUD-ACQUIRED PROPERTY. Notwithstanding any other provision of law, a public safety officer or teacher (as such terms are defined in section 204(h)(7)(G) of the National Housing Act (as amended by section 2 of this Act)) shall be eligible to purchase of any property owned or held by the Secretary of Housing and Urban Development pursuant to foreclosure of any mortgage insured by the Secretary or pursuant to assignment of the mortgage, deed in lieu of foreclosure, conveyance of title, or any other acquisition of the property or mortgage in connection with the payment of insurance benefits by the Secretary. SEC. 4. RELEASE OF SECOND MORTGAGE FOR LAID-OFF COMMUNITY PARTNERS UNDER GOOD NEIGHBOR NEXT DOOR INITIATIVE. The Secretary of Housing and Urban Development shall revise the Good Neighbor Next Door Initiative of the Secretary to provide that the subordinate mortgage on the property of a mortgagor who purchased a property under such initiative shall be released in any case in which the mortgagor loses his or her employment position as a law enforcement officer, teacher, firefighter, or emergency medical technician as a result of any reductions in force or other reason other than dismissal for cause. SEC. 5. PREFERENCE UNDER HUD REO PROGRAM FOR COMMUNITY PARTNERS. The Secretary of Housing and Urban Development, in making any real estate owned of the Department of Housing and Urban Development available for purchase, shall provide a preference for purchase by public safety officers and teachers (as such terms are defined in section 204(h)(7)(G) of the National Housing Act (as amended by section 2 of this Act)).

Community Partners Neighborhood Preservation Act of 2011 - Amends the National Housing Act to provide: (1) a 50% discount for teachers and public safety officers purchasing certain eligible asset properties for use as their primary residence during FY2012-FY2022, and (2) a $100 downpayment on any related insured mortgage. Authorizes such sales directly to a qualifying individual or to a unit of local government or a nonprofit organization for resale to such individual. Expresses the sense of Congress that the Secretary of Housing and Urban Development (HUD) should consult with the heads of other federal agencies that own or hold properties appropriate for use as housing to determine the possibility and effectiveness of including such properties in programs that make housing available for law enforcement officers, teachers, or fire fighters. Makes a public safety officer or teacher eligible to purchase any property owned or held by the Secretary pursuant to: (1) foreclosure of any HUD-insured mortgage; or (2) assignment of the mortgage, deed in lieu of foreclosure, conveyance of title, or any other acquisition of the property or mortgage in connection with the payment of insurance benefits by the Secretary. Directs the Secretary to revise the Good Neighbor Next Door Initiative to provide that the subordinate mortgage on the property of a mortgagor who purchased it under the Initiative shall be released in any case in which the mortgagor loses his or her employment position as a law enforcement officer, teacher, firefighter, or emergency medical technician as a result of any reductions in force or other reason other than dismissal for cause. Directs the Secretary of HUD, in making any real estate owned by HUD available for purchase, to provide a preference for purchase by public safety officers and teachers.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners' Emergency Mortgage Assistance Act''. SEC. 2. MORTGAGE EMERGENCY ASSISTANCE PROGRAM. (a) In General.--The Secretary shall establish a program to make payments on a mortgage insured under the National Housing Act for a 1- to 4-family residence when-- (1) the mortgagee has given the mortgagor notice in accordance with section 3(b) that it intends to foreclose the mortgage; (2) at least 2 full monthly installments due on the mortgage are unpaid after the application of any partial payments that may have been accepted but not yet applied to the mortgage account; (3) the mortgagor is suffering financial hardship due to circumstances beyond the control of the mortgagor which render the mortgagor unable to correct the delinquency on the mortgage and unable to make full mortgage payments before the expiration of the 60-day period beginning on the date that notice was sent to the mortgagor in accordance with section 3(b); (4) there is a reasonable prospect that the mortgagor will be able to resume full mortgage payments not later than 36 months after the beginning of the period for which assistance payments are provided and to pay the mortgage in full by its maturity date or by a later date agreed upon by the mortgagee; (5) the property mortgaged is the mortgagor's principal place of residence; (6) the mortgagor does not own other property which is subject to a mortgage insured or held by the Secretary; (7) the mortgagor has applied to the Secretary for assistance in accordance with section 4; and (8) the mortgagor has not been more than 60 days in arrears on a residential mortgage within the 2-year period preceding the delinquency for which assistance is requested, unless the mortgagor can demonstrate that the prior delinquency was the result of financial hardship due to circumstances beyond the control of the mortgagor. (b) Effect of Finding of Ineligibility.--If, after reviewing an application for assistance submitted in accordance with section 4, the Secretary determines that the mortgagor has not met the conditions of eligibility described in subsection (a), the mortgagor shall be prohibited from reapplying for assistance under this Act until the expiration of the 6-month period beginning on the date of such determination unless there is a material change in the financial circumstances of the mortgagor. (c) Determination Relating to Financial Hardship.--In determining whether a financial hardship (which may be caused by a reduction in income or an increase in expenses, or both) is due to circumstances beyond the control of a mortgagor, the Secretary may consider information regarding the mortgagor's employment record, credit history, and current income. Such circumstances shall include, but not be limited to-- (1) loss of job of a member of the household; (2) salary, wage or earnings reduction of a member of the household; (3) injury, disability or illness of a member of the household; (4) divorce or separation in the household; or (5) death of a member of the household. (d) Housing Counseling Agencies.--The Secretary shall designate and approve nonprofit housing counseling agencies in each State to be available to assist the Secretary in implementing the program established pursuant to subsection (a) of this section and to section 4(b)(1)(A). Nonprofit housing agencies designated and approved under this subsection shall provide assistance to an eligible mortgagor during the entire period that such mortgagor receives assistance under this Act. SEC. 3. LEGAL ACTION. (a) Conditions Under Which Legal Action Is Prohibited.--Except as otherwise provided in the Act, a mortgagee of a mortgage which is insured under the National Housing Act for a 1- to 4-family residence may not accelerate the maturity of or commence any legal action regarding such a mortgage (including, but not limited to, mortgage foreclosure to recover under such obligation) or take possession of any security of the mortgagor for such mortgage obligation unless the mortgagee has sent to the mortgagor notice pursuant to subsection (b). In addition, the mortgagee may not take such action-- (1) before the expiration of the 30-day period beginning on the date that notice of the intent to take such action was sent to the mortgagor in accordance with subsection (b); (2) before the expiration of the 30-day period beginning on the date of the initial meeting between the mortgagor and an approved counseling agency held in accordance with section 4(a); (3) if an application for such assistance under this Act has been submitted to the Secretary on behalf of the mortgagor and such application-- (A) is pending; or (B) has been approved but payments have not yet been made toward the mortgage; or (4) if payment toward the mortgage is being made under this Act. (b) Requirements of Notice.--The Secretary shall issue regulations that include, but are not limited to, a uniform notice under this section. Such notice shall be in plain language and shall-- (1) inform the mortgagor in large bold type that he or she may be eligible for temporary assistance in making mortgage payments; (2) include an explanation of the mortgage assistance program under this Act; (3) inform the mortgagor that to apply for mortgage assistance, he or she shall attend a meeting in accordance with section 4(a) within 30 days of the date of the notice; (4) include the legal action intended and the basis therefore; (5) include a list of approved counseling agencies located in the State in which the mortgagor resides; (6) be sent via first class mail to the last known address of the mortgagor; and (7) be subject to such other requirements as prescribed by the Secretary. SEC. 4. APPLICATION FOR ASSISTANCE. (a) Meeting.-- (1) In general.--To apply for assistance under this Act, not later than 30 days after receiving notice in accordance with section 3(b), a mortgagor shall attend a face to face meeting with the mortgagee or an approved counseling agency to attempt to prevent legal action for which the notice was sent by restructuring the mortgage payment schedule. A meeting under this paragraph may be conducted over the telephone under circumstances prescribed by the Secretary. (2) Notice.--If the mortgagor meets with the approved counseling agency within the period specified in paragraph (1), the approved counseling agency shall send notice of the meeting which includes, but is not limited to, the date of the meeting, to the mortgagee not later than 5 business days after the meeting. (b) Preparation; Submission.-- (1) In general.--If the mortgagor is not able to resolve the default and prevent foreclosure before the expiration of the 30-day period beginning on the date of the meeting, the mortgagor may file an application for mortgage assistance under this Act. At the request of the mortgagor, an approved counseling agency shall-- (A) assist the mortgagor in preparing an application for assistance under this Act; and (B) not later than 30 days after the mortgagor initially requests assistance in the preparation of the application, submit the completed application to the Secretary. (2) Fees.--The Secretary may pay approved counseling agencies a fee, in an amount determined by the Secretary, for rendering assistance pursuant to this Act. (c) Notice to Mortgagee.--If the approved counseling agency submits an application for assistance to the Secretary on behalf of a mortgagor, the approved counseling agency shall, not later than 5 business days after submitting the application, inform the mortgagee of the date that the application was submitted. (d) Form; Contents.--An application for assistance under this Act shall be submitted on a form prescribed by the Secretary and shall include a financial statement disclosing all assets and liabilities of the mortgagor, whether singly or jointly held, and all household income regardless of source. (e) Effect of Misrepresentation.--A mortgagor who intentionally misrepresents any financial information in connection with the filing of an application for assistance under this Act may be denied assistance and required to immediately repay any amount of assistance received, and the mortgagee may, at any time thereafter, take any legal action to enforce the mortgage without any further restrictions or requirements under this Act. (f) Availability.--An application for assistance under this Act may be obtained from an approved counseling agency. (g) Determination on Application.-- (1) Time period.--The Secretary shall determine eligibility of a mortgagor for assistance under this Act not later than 60 days after receipt of the application of the mortgagor. (2) Notification.--Not later than 5 business days after making the determination on an application for assistance, the Secretary shall notify the mortgagor and the mortgagee as to whether the application has been approved or disapproved. SEC. 5. ASSISTANCE PAYMENTS BY SECRETARY. (a) Amount to Bring Mortgage Current.--If the Secretary determines that a mortgagor is eligible for assistance under this Act, the Secretary shall pay to the mortgagee from the Mutual Mortgage Insurance Fund the full amount due to the mortgagee pursuant to the terms of the mortgage without regard to any acceleration under the mortgage, or the full amount of any alternative mortgage payments agreed to by the mortgagee and mortgagor on the date that the application is approved by the Secretary. This amount shall include the amount of principal, interest, taxes, assessments, ground rents, hazard insurance, any mortgage insurance or credit insurance premiums, and reasonable attorneys' fees incurred by such mortgagee in relation to the arrearage. (b) Monthly Assistance Payments.-- (1) In general.--The Secretary shall make monthly mortgage assistance payments to the mortgagee on behalf of the mortgagor pursuant to this Act. (2) Obligation of the mortgagor.--A mortgagor on whose behalf the Secretary is making the mortgage assistance payments shall pay monthly payments to the Secretary. Such payments shall be in an amount which will cause the mortgagor's total housing expense not to exceed 35 percent of the mortgagor's net effective income. This shall be the maximum amount the mortgagor can be required to pay during the 36 months a mortgagor is eligible for mortgage assistance. (3) Obligation of the secretary.--Upon receipt of this payment from the mortgagor, the Secretary or the Secretary's duly authorized agent shall send the total mortgage payment directly to the mortgagee. (c) Review Upon Delinquency.--If the mortgagor fails to pay to the Secretary any amounts due directly from the mortgagor under this section not later than 15 days after such due date, the Secretary or its designated agent shall review the mortgagor's financial circumstances to determine whether a delinquency in payments due from the mortgagor under this section or section 6 is the result of a change in the mortgagor's financial circumstances since the payment amount was last determined. If the delinquency is not the result of a change in the mortgagor's financial circumstances, the Secretary shall terminate future mortgage assistance payments and the mortgagee may, at any time thereafter, take any legal action to enforce its mortgage without any further restriction or requirement. If the delinquency is the result of such a change, the Secretary shall modify the mortgagor's required payments to the Secretary as the Secretary shall determine. (d) Period for Assistance.--Payments under this Act shall be provided for a period not to exceed 36 months, either consecutively or nonconsecutively. The Secretary shall establish procedures for periodic review of the mortgagor's financial circumstances for the purpose of determining the necessity for continuation, termination, or adjustment of the amount of the payments. SEC. 6. REPAYMENT OF ASSISTANCE. (a) Assistance Loan.--The amount by which the assistance payments made by the Secretary to the mortgagee exceeds the amount of payments made by the mortgagor to the Secretary shall be a loan by the Secretary to the mortgagor. The loan shall be evidenced by such documents as the Secretary shall determine necessary to protect the interests of the United States. (b) Repayment of Assistance Loan.--Before making assistance payments under this Act on behalf of a mortgagor, the Secretary shall enter into an agreement with the mortgagor for repayment of all mortgage assistance made by the Secretary under section 5, plus interest as provided in subsection (c). The agreement shall provide for monthly payments by the mortgagor to the Secretary which (1) shall begin once the Secretary has determined that continuation of mortgage assistance payments to the mortgagee is unnecessary, and (2) shall be in an amount determined as follows: (1) Housing expense less than 35 percent.--If the mortgagor's total housing expense is less than 35 percent of the mortgagor's net effective income, the mortgagor shall pay to the Secretary the difference between 35 percent of the mortgagor's net effective income and the mortgagor's total housing expense unless otherwise determined by the Secretary after examining the mortgagor's financial circumstances and ability to contribute to repayment of the mortgage assistance. (2) Housing expense greater than 35 percent.--If the mortgagor's total housing expense is more than 35 percent of the mortgagor's net effective income, repayment of the mortgage assistance shall be deferred until the mortgagor's total housing expense is less than 35 percent of the mortgagor's net effective income. (3) When mortgage paid in full.--Notwithstanding paragraphs (1) and (2), if repayment of mortgage assistance is not made by the date that the mortgage is paid in full, the mortgagor shall make mortgage assistance repayments in an amount not less than the previous regular mortgage payment until the mortgage assistance is repaid. (c) Interest.--Interest shall accrue on all mortgage assistance made under this Act at the rate determined monthly by the Secretary of the Treasury to be equal to the then current average yield on outstanding 30-year bonds issued by the Secretary of the Treasury under section 3102 of title 31, United States Code, and shall accrue only during the period in which the mortgagor is required to make repayment under this section. (d) Lien to Secure Repayment of Assistance.--Repayment of amounts owed to the Secretary from a mortgagor shall be secured by a mortgage lien on the property and by such other obligation as the Secretary may require. The lien or other security interest of the Secretary shall not be deemed to take priority over any other secured lien or secured interest in effect against the mortgagor's property on the date assistance payments begin. The Secretary may allow subordination of the mortgage assistance lien only if such subordination is necessary to permit the mortgagor to obtain a home improvement loan for repairs necessary to preserve the property. (e) Time for Repayment.--Payments under this section shall be made by the mortgagor to the Secretary not later than 14 days after each mortgage payment is due under the mortgage (or in the case of repayment after the mortgage has been paid in full, not later than the date the mortgage payments were due under the mortgage). SEC. 7. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Approved counseling agency.--The term ``approved counseling agency'' means a nonprofit housing counseling agency approved by the Secretary pursuant to section 2(e). (2) Gross household income.--The term ``gross household income'' means the total income of a mortgagor, the mortgagor's spouse, children residing in the same residence as the mortgagor, and any other person living in such residence that is declared by the mortgagor as a dependent for Federal income tax purposes. (3) Household.--The term ``household'' means a mortgagor, the mortgagor's spouse, children residing in the same residence as the mortgagor, and any other person living in such residence that is declared by the mortgagor as a dependent for Federal income tax purposes. (4) Housing expense.--The term ``housing expense'' means the sum of the mortgagor's monthly maintenance, utility, and hazard insurance expense, taxes, and required mortgage payments, including escrows. (5) Mortgagee; mortgagor.--The terms ``mortgagee'' and ``mortgagor'' have the meanings given such terms in section 201 of the National Housing Act (12 U.S.C. 1707). (6) Net effective income.--The term ``net effective income'' means the gross household income of the mortgagor, less city, State, and Federal income and social security taxes. (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.

Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for qualifying homeowners with National Housing Act-insured mortgages who are temporarily unable to meet their obligations due to financial hardship beyond their control. Requires homeowner repayment of such assistance and interest.

To establish a program to assist homeowners experiencing unavoidable, temporary difficulty making payments on mortgages insured under the National Housing Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Allergen Consumer Protection Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Approximately 7,000,000 Americans suffer from food allergies. Every year roughly 30,000 people receive emergency room treatment due to the ingestion of allergenic foods, and an estimated 150 Americans die from anaphylactic shock caused by a food allergy. (2) Eight major foods--milk, egg, fish, Crustacea, tree nuts, wheat, peanuts, and soybeans--cause 90 percent of allergic reactions. At present, there is no cure for food allergies. A food allergic consumer depends on a product's label to obtain accurate and reliable ingredient information so as to avoid food allergens. (3) Current Food and Drug Administration regulations exempt spices, flavorings, and certain colorings and additives from ingredient labeling requirements that would allow consumers to avoid those to which they are allergic. Such unlabeled food allergens may pose a serious health threat to those susceptible to food allergies. (4) A recent Food and Drug Administration study found that 25 percent of bakery products, ice creams, and candies that were inspected failed to list peanuts and eggs, which can cause potentially fatal allergic reactions. The mislabeling of foods puts those with a food allergy at constant risk. (5) In that study, the Food and Drug Administration found that only slightly more than half of inspected manufacturers checked their products to ensure that all ingredients were accurately reflected on the labels. Furthermore, the number of recalls because of unlabeled allergens rose to 121 in 2000 from about 35 a decade earlier. In part, mislabeling occurs because potentially fatal allergens are introduced into the manufacturing process when production lines and cooking utensils are shared or used to produce multiple products. (6) Individuals who have food allergies may outgrow their allergy if they strictly avoid consuming the allergen. However, some scientists believe that because low levels of allergens are unintentionally present in foods, those with an allergy are unable to keep from being repeatedly exposed to the very foods they are allergic to. Good manufacturing practices can minimize the unintentional presence of food allergens. In addition, when good manufacturing practices cannot eliminate the potential for cross-contamination, an advisory label on the product can provide additional consumer protection. (7) The Food and Drug Administration is the Nation's principal consumer protection agency, charged with protecting and promoting public health through premarket and postmarket regulation of food. The agency must have both the necessary authority to ensure that foods are properly labeled and produced using good manufacturing practices and the ability to penalize manufacturers who violate our food safety laws. (8) Americans deserve to have confidence in the safety and labeling of the food on their tables. SEC. 3. FOOD LABELING; REQUIREMENT OF INFORMATION REGARDING ALLERGENIC SUBSTANCES. (a) In General.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(t)(1) If it is not a raw agricultural commodity and it is, or it intentionally bears or contains, a known food allergen, unless its label bears, in bold face type, the common or usual name of the known food allergen and the common or usual name of the food source described in subparagraph (3)(A) from which the known food allergen is derived, except that the name of the food source is not required when the common or usual name of the known food allergen plainly identifies the food source. ``(2) The information required under this paragraph may appear in labeling other than the label only if the Secretary finds that such other labeling is sufficient to protect the public health. A finding by the Secretary under this subparagraph is effective upon publication in the Federal Register as a notice (including any change in an earlier finding under this subparagraph). ``(3) For purposes of this Act, the term `known food allergen' means any of the following: ``(A) Milk, egg, fish, Crustacea, tree nuts, wheat, peanuts, and soybeans. ``(B) A proteinaceous substance derived from a food specified in clause (A), unless the Secretary determines that the substance does not cause an allergic response that poses a risk to human health. ``(C) Other grains containing gluten (rye, barley, oats, and triticale). ``(D) In addition, any food that the Secretary by regulation determines causes an allergic or other adverse response that poses a risk to human health. ``(4) Notwithstanding paragraph (g), (i), or (k), or any other law, the labeling requirement under this paragraph applies to spices, flavorings, colorings, or incidental additives that are, or that bear or contain, a known food allergen. ``(u) If it is a raw agricultural commodity that is, or bears or contains, a known food allergen, unless it has a label or other labeling that bears in bold face type the common or usual name of the known food allergen and the Secretary has found that the label or other labeling is sufficient to protect the public health. A finding by the Secretary under this paragraph is effective upon publication in the Federal Register as a notice (including any change in an earlier finding under this paragraph). ``(w) If the labeling required under paragraphs (g), (i), (k), (t), (u), or (v)-- ``(1) does not use a single, easy-to-read type style that is black on a white background, using upper and lower case letters and with no letters touching; ``(2) does not use at least 8 point type with at least one point leading (i.e., space between two lines of text), provided the total surface area of the food package available to bear labeling exceeds 12 square inches; or ``(3) does not comply with regulations issued by the Secretary to make it easy for consumers to read and use such labeling by requiring a format that is comparable to the format required for the disclosure of nutrition information in the food label under section 101.9(d)(1) of title 21, Code of Federal Regulations.''. (b) Civil Penalties.--Section 303(g)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(g)(2)) is amended-- (1) in subparagraph (A), by striking ``section 402(a)(2)(B) shall be subject'' and inserting the following: ``section 402(a)(2)(B) or regulations under this chapter to minimize the unintended presence of allergens in food, or that is misbranded within the meaning of section 403(t), 403(u), 403(v), or 403(w), shall be subject''; and (2) in subparagraph (B), by inserting ``or misbranded'' after ``adulterated'' each place such term appears. (c) Conforming Amendment.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ll) The term `known food allergen' has the meaning given such term in section 403(t)(3).''. (d) Effective Date.--The amendments made by this section take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act. SEC. 4. UNINTENTIONAL PRESENCE OF KNOWN FOOD ALLERGENS. (a) Food Labeling of Such Food Allergens.--Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by section 3(a) of this Act, is amended by inserting after paragraph (u) the following: ``(v) If the presence of a known food allergen in the food is unintentional and its labeling bears a statement that the food may bear or contain the known food allergen, or any similar statement, unless the statement is made in compliance with regulations issued by the Secretary to provide for advisory labeling of the known food allergen.''. (b) Effective Date.--The amendment made by subsection (a) takes effect upon the expiration of the four-year period beginning on the date of the enactment of this Act, except with respect to the authority of the Secretary of Health and Human Services to engage in rulemaking in accordance with section 5. SEC. 5. REGULATIONS. (a) In General.-- (1) Regulations.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall issue a proposed rule under sections 402, 403, and 701(a) of the Federal Food, Drug, and Cosmetic Act to implement the amendments made by this Act. Not later than two years after such date of enactment, the Secretary shall promulgate a final rule under such sections. (2) Effective date.--The final rule promulgated under paragraph (1) takes effect upon the expiration of the four-year period beginning on the date of the enactment of this Act. If a final rule under such paragraph has not been promulgated as of the expiration of such period, then upon such expiration the proposed rule under such paragraph takes effect as if the proposed rule were a final rule. (b) Unintentional Presence of Known Food Allergens.-- (1) Good manufacturing practices; records.--Regulations under subsection (a) shall require the use of good manufacturing practices to minimize, to the extent practicable, the unintentional presence of allergens in food. Such regulations shall include appropriate record keeping and record inspection requirements. (2) Advisory labeling.--In the regulations under subsection (a), the Secretary shall authorize the use of advisory labeling for a known food allergen when the Secretary has determined that good manufacturing practices required under the regulations will not eliminate the unintentional presence of the known food allergen and its presence in the food poses a risk to human health, and the regulations shall otherwise prohibit the use of such labeling. (c) Ingredient Labeling Generally.--In regulations under subsection (a), the Secretary shall prescribe a format for labeling, as provided for under section 403(w)(3) of the Federal, Food, Drug, and Cosmetic Act. (d) Review by Office of Management and Budget.--If the Office of Management and Budget (in this section referred to as ``OMB'') is to review proposed or final rules under this Act, OMB shall complete its review in 10 working days, after which the rule shall be published immediately in the Federal Register. If OMB fails to complete its review of either the proposed rule or the final rule in 10 working days, the Secretary shall provide the rule to the Office of the Federal Register, which shall publish the rule, and it shall have full effect (subject to applicable effective dates specified in this Act) without review by OMB. If the Secretary does not complete the proposed or final rule so as to provide OMB with 10 working days to review the rule and have it published in the Federal Register within the time frames for publication of the rule specified in this section, the rule shall be published without review by OMB. SEC. 6. FOOD LABELING; INCLUSION OF TELEPHONE NUMBER. (a) In General.--Section 403(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(e)) is amended-- (1) by striking ``and (2)'' and inserting the following: ``(2) in the case of a manufacturer, packer, or distributor whose annual gross sales made or business done in sales to consumers equals or exceeds $500,000, a toll-free telephone number (staffed during reasonable business hours) for the manufacturer, packer, or distributor (including one to accommodate telecommunications devices for deaf persons, commonly known as TDDs); or in the case of a manufacturer, packer, or distributor whose annual gross sales made or business done in sales are less than $500,000, the mailing address or the address of the Internet site for the manufacturer, packer, or distributor; and (3)''; and (2) by striking ``clause (2)'' and inserting ``clause (3)''. (b) Effective Date.--The amendments made by subsection (a) take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act. SEC. 7. DATA ON FOOD-RELATED ALLERGIC RESPONSES. (a) In General.--Consistent with the findings of the study conducted under subsection (b), the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Commissioner of Foods and Drugs, shall improve the collection of, and (beginning 18 months after the date of the enactment of this Act) annually publish, national data on-- (1) the prevalence of food allergies, and (2) the incidence of deaths, injuries, including anaphylactic shock, hospitalizations, and physician visits, and the utilization of drugs, associated with allergic responses to foods. (b) Study.--Not later than one year after the date of the enactment of this Act, the Secretary, in consultation with consumers, providers, State governments, and other relevant parties, shall complete a study for the purposes of-- (1) determining whether existing systems for the reporting, collection and analysis of national data accurately capture information on the subjects specified in subsection (a); and (2) identifying new or alternative systems, or enhancements to existing systems, for the reporting collection and analysis of national data necessary to fulfill the purpose of subsection (a). (c) Public and Provider Education.--The Secretary shall, directly or through contracts with public or private entities, educate physicians and other health providers to improve the reporting, collection, and analysis of data on the subjects specified in subsection (a). (d) Child Fatality Review Teams.--Insofar as is practicable, activities developed or expanded under this section shall include utilization of child fatality review teams in identifying and assessing child deaths associated with allergic responses to foods. (e) Reports to Congress.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the progress made with respect to subsections (a) through (d). (f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2003, and such sums as may be necessary for each subsequent fiscal year. (g) Effective Date.--This section takes effect on the date of the enactment of this Act. SEC. 8. FOOD ALLERGIES RESEARCH. (a) In General.--The Secretary of Health and Human Services, through the National Institutes of Health, shall convene a panel of nationally recognized experts to review current basic and clinical research efforts related to food allergies. The panel shall develop a plan, including recommendations for expenditures, for expanding, intensifying, and coordinating research activities concerning food allergies. (b) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a plan under subsection (a) to the Committee on Energy and Commerce in the House of Representatives and the Committee on Health, Education, Labor, and Pensions in the Senate. (c) Effective Date.--This section takes effect on the date of the enactment of this Act. SEC. 9. CERTAIN FEDERAL RECOMMENDATIONS REGARDING AVOIDING AND RESPONDING TO FOOD-RELATED ALLERGIC RESPONSES. The Secretary of Health and Human Services shall carry out the following: (1) Develop and appropriately disseminate recommendations on-- (A) training emergency medical technicians with respect to administering epinephrine auto-injector devices; and (B) the need for emergency vehicles to maintain supplies of such devices. (2) Activities to increase the awareness by the restaurant industry of public or private guidelines and recommendations for training in preparing allergen-free foods, including the Food Allergy and Anaphylaxis Network and Food Allergy Initiative's document entitled ``Food Allergy Training Guide for Restaurants and Good Services''. (3) With respect to food prepared for students by elementary and secondary schools, develop and appropriately disseminate recommendations for the preparation of allergen- free foods, with priority given to the issue of life- threatening food allergies.

Food Allergen Consumer Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to require food labels to identify known food allergens contained therein or be deemed misbranded, without regard as to whether or not the presence of an allergen is intentional or unintentional.Defines "known food allergen" to include milk, eggs, fish, Crustacea, tree nuts, wheat, peanuts, soybeans, other grains containing gluten, and any food the Secretary of Health and Human Services determines to cause allergic or adverse responses which endanger human health. Includes spices, flavorings, colorings, or incidental additives that are or contain a known food allergen.Sets forth special requirements for raw agricultural commodities which are or contain a known food allergen.Sets forth criteria for labels, requiring a format comparable to that required for the disclosure of nutrition information. Requires certain manufacturers, packers, or distributors to include a toll-free telephone number on such label.Establishes civil penalties for violations of this Act.Requires the Secretary to issue rules which address the use of good manufacturing practices to minimize the unintentional presence of allergens in food and advisory labeling if such allergens may be unintentionally present.Requires the Secretary, acting through the Director of the Centers for Disease Control, to annually publish national data on the prevalence of food allergies and the incidence of deaths and injuries. Requires the Secretary to study the adequacy of existing data collection systems and possible alternative systems as well as educate health providers on improving data collection and analysis.

To amend the Federal Food, Drug, and Cosmetic Act to establish labeling requirements regarding allergenic substances in food, and for other purposes.

SECTION 1. SHORT TITLE This Act may be cited as ``Aimee's Law''. SEC. 2. DEFINITIONS. In this Act: (1) Dangerous sexual offense.--The term ``dangerous sexual offense'' means sexual abuse or sexually explicit conduct committed by an individual who has attained the age of 18 years against an individual who has not attained the age of 14 years. (2) Murder.--The term ``murder'' has the meaning given the term under applicable State law. (3) Rape.--The term ``rape'' has the meaning given the term under applicable State law. (4) Sexual abuse.--The term ``sexual abuse'' has the meaning given the term under applicable State law. (5) Sexually explicit conduct.--The term ``sexually explicit conduct'' has the meaning given the term under applicable State law. SEC. 3. REIMBURSEMENT TO STATES FOR CRIMES COMMITTED BY CERTAIN RELEASED FELONS. (a) Penalty.-- (1) Single state.--In any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one of those offenses in a State described in paragraph (3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted the individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense. (2) Multiple states.--In any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one or more of those offenses in more than one other State described in paragraph (3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to each State that convicted such individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense. (3) State described.--A State is described in this paragraph if-- (A) the State has not adopted Federal truth-in- sentencing guidelines under section 20104 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13704); (B) the average term of imprisonment imposed by the State on individuals convicted of the offense for which the individual described in paragraph (1) or (2), as applicable, was convicted by the State is less than 10 percent above the average term of imprisonment imposed for that offense in all States; or (C) with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served less than 85 percent of the term of imprisonment to which that individual was sentenced for the prior offense. (b) State Applications.--In order to receive an amount transferred under subsection (a), the chief executive of a State shall submit to the Attorney General an application, in such form and containing such information as the Attorney General may reasonably require, which shall include a certification that the State has convicted an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of those offenses in another State. (c) Source of Funds.--Any amount transferred under subsection (a) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State that convicted such individual of the prior offense before the distribution of the funds to the State. The Attorney General, in consultation with the chief executive of the State that convicted such individual of the prior offense, shall establish a payment schedule. (d) Construction.--Nothing in this subsection may be construed to diminish or otherwise affect any court ordered restitution. (e) Exception.--This section does not apply if the individual convicted of murder, rape, or a dangerous sexual offense has been released from prison upon the reversal of a conviction for an offense described in subsection (a) and subsequently been convicted for an offense described in subsection (a). SEC. 4. COLLECTION OF RECIDIVISM DATA. (a) In General.--Beginning with calendar year 2000, and each calendar year thereafter, the Attorney General shall collect and maintain information relating to, with respect to each State-- (1) the number of convictions during that calendar year for-- (A) any sex offense in the State in which, at the time of the offense, the victim had not attained the age of 14 years and the offender had attained the age of 18 years; (B) rape; and (C) murder; and (2) the number of convictions described in paragraph (1) that constitute second or subsequent convictions of the defendant of an offense described in that paragraph. (b) Report.--Not later than March 1, 2001, and on March 1 of each year thereafter, the Attorney General shall submit to Congress a report, which shall include-- (1) the information collected under subsection (a) with respect to each State during the preceding calendar year; and (2) the percentage of cases in each State in which an individual convicted of an offense described in subsection (a)(1) was previously convicted of another such offense in another State during the preceding calendar year. Passed the House of Representatives July 11, 2000. Attest: JEFF TRANDAHL, Clerk.

Makes the above inapplicable if the convicted person has been released from prison upon the reversal of the conviction and has been convicted subsequently of such offense. (Sec. 4) Directs the Attorney General to collect and maintain, with respect to each State, information relating to: (1) the number of convictions during a calendar year for rape, for murder, and for any sex offense in which, at the time of the offense, the victim had not attained age 14 and the offender had attained age 18; and (2) the number of such convictions that constitute second or subsequent convictions. Directs the Attorney General to report to Congress on such information and on the percentage of cases in each State in which the individual convicted was previously convicted of another such offense in another State during the preceding calendar year.

Aimee's Law

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Land Management Foundation Act''. SEC. 2. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Board.--The term ``Board'' means the Board or Directors of the Foundation. (2) Foundation.--The term ``Foundation'' means the Bureau of Land Management Foundation established by this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. ESTABLISHMENT AND PURPOSES. (a) Establishment.--There is established the Bureau of Land Management Foundation as a charitable and nonprofit corporation that shall not be considered an agency or establishment of the United States. (b) Purposes.--The purposes of the Foundation are to-- (1) encourage, accept, and administer private gifts of money and of real and personal property for the benefit of, or in connection with the activities and services of, the Bureau of Land Management; (2) undertake and conduct activities that further the purposes for which public lands are administered; and (3) undertake, conduct, and encourage educational, technical, scientific, and other assistance or activities that support the mission of the Bureau of Land Management. SEC. 4. BOARD OF DIRECTORS. (a) Establishment and Membership.-- (1) In general.--The Foundation shall have a governing Board of Directors, which shall consist of no more than 9 members, each of whom shall be a United States citizen. (2) Requirements of members.--A majority of members of the Board shall have education or experience in natural, cultural, conservation, or other resource management, law, or research and, to the extent practicable, members of the Board shall represent diverse points of view. (3) Ex-officio member.--The Director of the Bureau of Land Management shall be an ex-officio nonvoting member of the Board. (b) Appointment and Terms.-- (1) Initial appointment.--Not later than one year after the date of the enactment of this Act, the Secretary shall appoint the members of the Board who, except as otherwise provided in paragraph (2), shall be appointed for terms of 6 years. (2) Staggered appointments.--The Secretary shall stagger the initial appointments to the Board, as determined to be appropriate by the Secretary, so that-- (A) one-third of the members serve a term of 2 years; (B) one-third of the members serve a term of 4 years; and (C) one-third of the members serve a term of 6 years. (3) Vacancy.--A vacancy on the Board shall be-- (A) filled not later than 60 days after vacancy occurs in the manner of which the original appointment was made; and (B) for the balance of the term of the individual who was replaced. (4) Removal.--A member of the Board may be removed from the Board by a majority vote of the Board if the individual misses 3 consecutive regularly scheduled meetings and the vacancy shall be filled in accordance with paragraph (3). (5) Term limit.--In no case shall an individual serve more than 12 consecutive years on the Board. (c) Chairman.--The Chairman-- (1) shall be elected by the Board from its members for a 2- year term; and (2) may be re-elected to the post while serving as a member of the Board. (d) Quorum.--A majority of the current voting membership of the Board shall constitute a quorum for the transaction of business. (e) Meetings.--The Board shall meet at the call of the Chairman at least once a year. (f) Reimbursement of Expenses.--Serving as a Member of the Board shall not constitute employment by the United States Government for any purpose. Members shall serve without pay other than reimbursement for the actual and necessary traveling and subsistence expenses incurred in the performance of their duties for the Foundation in accordance with section 5703 of title 5, United States Code. (g) General Powers.--The Board may complete the organization of the Foundation by appointing offices and employees, adopting a constitution and bylaws consistent with the purposes of the Foundation and this Act, and undertaking other such acts as may be necessary to function and to carry out the provisions of this title. (h) Officers and Employees.--Officers and employees of the Foundation may not be appointed until the Foundation has sufficient funds to pay them for their service. Appointment as an officer or employee of the Foundation shall not constitute employment by the United States. (i) Limitation and Conflicts of Interest.-- (1) Prohibition on political campaign activity.--The Foundation shall not participate or intervene in a political campaign on behalf of any candidate for public office. (2) Conflict of interest.--No member of the Board, officer, or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation affecting-- (A) the financial interests of the member of the Board, officer, or employee; or (B) the interests of any corporation partnership, entity, or organization in which such member of the Board, officer, or employee-- (i) is an officer, director, or trustee; or (ii) has any direct or indirect financial interest. SEC. 5. POWERS AND OBLIGATIONS. (a) In General.--The Foundation-- (1) shall have perpetual succession; and (2) may conduct business throughout the several States, territories, and possessions of the United States. (b) Notice and Service of Process.--The Foundation shall at all times maintain a designated agent in the District of Columbia authorized to accept service of process for the Foundation. The serving of notice to, or service of process upon, the agent required under this subsection, or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. (c) Seal.--The Foundation shall have an official seal selected by the Board which shall be judicially noticed. (d) Powers.--In addition to powers otherwise authorized under this Act, to carry out its purposes, the Foundation shall have the usual powers of a not-for-profit corporation in the District of Columbia, including the power to-- (1) accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein; (2) acquire by donation, gift, devise, purchase or exchange, and dispose of any real or personal property or interest therein; (3) sell, donate, lease, invest, reinvest, retain or otherwise dispose of any property or income therefrom unless limited by the instrument of transfer; (4) borrow money and issue bonds, debentures, or other debt instruments; (5) sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the Directors of the Board shall not be personally liable, except for gross negligence; (6) enter into contracts or other arrangements with public agencies, private organizations, and persons and to make such payments as may be necessary to carry out the purposes thereof; and (7) do any and all acts necessary and proper to carry out the purposes of the Foundation. (e) Real Property.-- (1) Title and interest.--For the purposes of this Act, an interest in real property shall be treated as including mineral and water rights, rights of way, and easements, appurtenant or in gross. (2) Acceptance of real property.--A gift, devise, or bequest of real property may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation. (3) Refusal of real property.--The Foundation may, in its discretion, decline any gift, devise, or bequest of real property. (4) Condemnation prohibited.--No lands or waters, or interests therein, that are owned by the Foundation shall be subject to condemnation by any State or political subdivision, or any agent of instrumentality thereof. SEC. 6. ADMINISTRATIVE SERVICES AND SUPPORT. (a) Establishment Support.--For the purposes of assisting the Foundation in establishing an office and meeting initial administrative, project, and other expenses, the Secretary is authorized to provide to the Foundation $3,000,000 for fiscal year 2016, $2,000,000 for fiscal years 2017, 2018, and 2019, and $1,000,000 for fiscal year 2020. Such funds shall remain available to the Foundation until they are expended for authorized purposes. (b) Administrative Expenses.--The Secretary may provide personnel, facilities, equipment, and other administrative services to the Foundation with such limitations and on such terms and conditions as the Secretary shall establish. The Foundation may reimburse the Secretary for any support provided under this subsection, in whole or in part, and any reimbursement received by the Secretary under this subsection shall be deposited into the Treasury to the credit of the appropriations then current and chargeable for the cost of providing the services. SEC. 7. VOLUNTEERS. The Secretary may accept, without regard to the civil service classification laws, rules, and regulations, the services of the Foundation, the Board, and the offices or employees or agents of the Foundation, without compensation from the Department of the Interior, as volunteers for the performance of the functions under section 307(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(d)). SEC. 8. AUDITS AND REPORTS REQUIREMENTS. (a) Audits.--For purposes of the Act entitled ``An Act for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101 through 1103), the Foundation shall be treated as a private corporation established under Federal law. (b) Annual Report.--The Foundation shall transmit at the end of each fiscal year a report to Congress of its proceedings and activities during that year, including a full and complete statement of its receipts, expenditures, and investments. SEC. 9. UNITED STATES RELEASE FROM LIABILITY. The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation, nor shall the full faith and credit of the United States extend to any obligations of the Foundation. SEC. 10. LIMITATION ON AUTHORITY. Nothing in this Act authorizes the Foundation to perform any function the authority for which is provided to the Bureau of Land Management under any other provision of law. SEC. 11. LIMITATION ON USE OF FUNDS. 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.

Bureau of Land Management Foundation Act This bill establishes a Bureau of Land Management Foundation as a charitable, nonprofit corporation to: encourage, accept, and administer private gifts of money and of real and personal property for the benefit of, or in connection with the activities and services of, the Bureau of Land Management (BLM); conduct activities that further the purposes for which public lands are administered; and conduct and encourage educational, technical, scientific, and other assistance or activities that support the BLM's mission.

Bureau of Land Management Foundation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Child Left Behind Reform Act''. SEC. 2. ADEQUATE YEARLY PROGRESS. (a) Definition of Adequate Yearly Progress.--Section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended-- (1) in subparagraph (C)(vii)-- (A) by striking ``such as''; (B) by inserting ``such as measures of individual or cohort growth over time based on the academic assessments implemented in accordance with paragraph (3),'' after ``described in clause (v),''; and (C) by striking ``attendance rates,''; and (2) in subparagraph (D)-- (A) by striking clause (ii); (B) by striking ``the State'' and all that follows through ``ensure'' and inserting ``the State shall ensure''; and (C) by striking ``; and'' and inserting a period. (b) Academic Assessment and Local Educational Agency and School Improvement.--Section 1116(a)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(a)(1)(B)) is amended by striking ``, except that'' and all that follows through ``action or restructuring''. SEC. 3. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP. Subpart 1 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the following: ``SEC. 1120C. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF AYP. ``(a) Grant Authority.--The Secretary may award grants, on a competitive basis, to State educational agencies to enable the State educational agencies-- ``(1) to develop or increase the capacity of data systems for accountability purposes; and ``(2) to award subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring adequate yearly progress. ``(b) Priority.--In awarding grants under this section the Secretary shall give priority to State educational agencies that have created, or are in the process of creating, a growth model or proficiency index as part of their adequate yearly progress determination. ``(c) State Use of Funds.--Each State that receives a grant under this section shall use-- ``(1) not more than 20 percent of the grant funds for the purpose of increasing the capacity of, or creating, State databases to collect information related to adequate yearly progress; and ``(2) not less than 80 percent of the grant funds to award subgrants to local educational agencies within the State to enable the local educational agencies to carry out the authorized activities described in subsection (d). ``(d) Authorized Activities.--Each local educational agency that receives a subgrant under this section shall use the subgrant funds to increase the capacity of the local educational agency to upgrade databases or create unique student identifiers for the purpose of measuring adequate yearly progress, by-- ``(1) purchasing database software or hardware; ``(2) hiring additional staff for the purpose of managing such data; ``(3) providing professional development or additional training for such staff; and ``(4) providing professional development or training for principals and teachers on how to effectively use such data to implement instructional strategies to improve student achievement. ``(e) State Application.--Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) LEA Application.--Each local educational agency desiring a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Each such application shall include, at a minimum, a demonstration of the local educational agency's ability to put such a database in place. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $80,000,000 for each of fiscal years 2011, 2012, and 2013.''. SEC. 4. DEFINITION OF HIGHLY QUALIFIED TEACHERS. Section 9101(23)(B)(ii) of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amended-- (1) in subclause (I), by striking ``or'' after the semicolon; (2) in subclause (II), by striking ``and'' after the semicolon; and (3) by adding at the end the following: ``(III) in the case of a middle school teacher, passing a State approved middle school generalist exam when the teacher receives the teacher's license to teach middle school in the State; ``(IV) obtaining a State social studies certificate that qualifies the teacher to teach history, geography, economics, and civics in middle or secondary schools, respectively, in the State; or ``(V) obtaining a State science certificate that qualifies the teacher to teach earth science, biology, chemistry, and physics in middle or secondary schools, respectively, in the State; and''.

No Child Left Behind Reform Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states to include measures of individual or cohort growth over time in determining whether students are making adequate yearly progress (AYP) toward state academic performance standards. Eliminates the consideration of student attendance rates. Allows schools to be given credit for performing well on measures other than test scores when calculating student achievement. Authorizes the Secretary of Education to award competitive: (1) grants to state educational agencies to develop or increase the capacity of data systems for accountability purposes; and (2) subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring AYP. Revises the definition of highly qualified teacher to authorize states to: (1) use a generalist exam for middle school teachers; and (2) issue certificates that qualify teachers to teach a number of subjects in social studies or in science.

A bill to improve the No Child Left Behind Act of 2001, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Phantom Fuel Reform Act''. SEC. 2. CELLULOSIC BIOFUEL REQUIREMENT BASED ON ACTUAL PRODUCTION. (a) Provision of Estimate of Volumes of Cellulosic Biofuel.-- Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is amended-- (1) by striking ``Not later than'' and inserting the following: ``(i) In general.--Not later than''; and (2) by adding at the end the following: ``(ii) Estimation method.-- ``(I) In general.--In determining any estimate under clause (i), with respect to the following calendar year, of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), the Administrator of the Energy Information Administration shall-- ``(aa) for each cellulosic biofuel production facility that is producing (and continues to produce) cellulosic biofuel during the period of January 1 through October 31 of the calendar year in which the estimate is made (in this clause referred to as the `current calendar year')-- ``(AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during such period; and ``(BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year; and ``(bb) for each cellulosic biofuel production facility that begins initial production of (and continues to produce) cellulosic biofuel after January 1 of the current calendar year-- ``(AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during the period beginning on the date of initial production of cellulosic biofuel by the facility and ending on October 31 of the current calendar year; and ``(BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year. ``(II) Total production.--An estimate under clause (i) with respect to the following calendar year of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), shall be equal to the total of the estimated annual volumes of cellulosic biofuel production for all cellulosic biofuel production facilities described in subclause (I) for the current calendar year.''. (b) Reduction in Applicable Volume.--Section 211(o)(7)(D)(i) of the Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)) is amended by-- (1) striking ``based on the'' and inserting ``using the exact''; (2) striking ``may'' and inserting ``shall''; and (3) striking ``same or a lesser volume'' and inserting ``same volume''.

Phantom Fuel Reform Act  - Amends the Clean Air Act to revise the renewable fuel program by requiring the Administrator of the Energy Information Administration, in estimating the projected volume of cellulosic biofuel to be sold or introduced into commerce in the next year, to determine for each facility producing such biofuel during the current year: (1) the average monthly volume of biofuel produced by such facility based on the actual volume produced through October 31, and (2) the estimated annualized volume of biofuel production for such facility for the current year based on such average monthly production. Requires the estimate of cellulosic biofuel projected to be sold or introduced into commerce in the following year to equal the total of the estimated annual volumes of cellulosic biofuel production for all such facilities. Requires (currently, authorizes) the Administrator, in any year in which the Administrator reduces the applicable volume of cellulosic biofuel required in gasoline, to also reduce the applicable volume of renewable fuel and advanced biofuels required by the same (currently, by the same or a lesser) volume.

Phantom Fuel Reform Act

SECTION 1. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) State.--The term ``State'' means the State of Arizona. (3) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe. SEC. 2. ACQUISITION OF SUBSURFACE MINERAL INTERESTS FROM THE STATE FOR THE TRIBE. (a) Acquisition Authorized.--The Secretary shall acquire, by use of the powers of eminent domain, and the Department of Justice is authorized to act on behalf of the Secretary to do so, pursuant to the laws and regulations of the United States governing use of the power of eminent domain, but only with the consent of the State, the following: (1) Any trust mineral estate of the State located beneath the surface estates of the Tribe in land consisting of approximately 436.18 acres in Pima County, Arizona. (2) Any trust mineral estate of the State located beneath the surface estates held in trust for the Tribe in land consisting of approximately 140.18 acres in Pima County, Arizona. (b) Consideration.--Subject to subsection (c), as consideration for the acquisition of subsurface mineral interests by the United States pursuant to subsection (a), the Tribe shall pay to the State an amount equal to the market value of those subsurface mineral interests as determined by-- (1) a mineral assessment completed-- (A) by a team of mineral specialists agreed upon by the State and the Tribe; and (B) reviewed, and accepted as complete and accurate by a certified review mineral examiner of the Bureau of Land Management; (2) negotiation between the Tribe and the State in order to arrive at a mutually agreed price; or (3) in the event the Tribe and the State cannot arrive at a mutually agreed price, an appraisal report completed in accordance with subsection (d)-- (A) by the State and reviewed by the Tribe; and (B) if requested by the Tribe through the Bureau of Indian Affairs, reviewed and accepted as complete and accurate by the Office of the Special Trustee for American Indians in the Department of the Interior. (c) Conditions of Acquisition.--The Secretary may make the acquisition under subsection (a) only if-- (1) the payment to the State required under subsection (b) is accepted by the State as full consideration for the subsurface mineral interests acquired by the United States under subsection (a); and (2) the acquisition terminates all right, title, and interest of all parties other than the United States in and to the acquired subsurface mineral interests. (d) Determination of Market Value.--Notwithstanding any other provision of law, unless State and Tribe shall otherwise agree to a stipulated market value, the value of the subsurface mineral interests acquired by the United States under this section shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000 in cooperation with the Department of Justice. Any appraisal shall be subject to the review and acceptance by the Land Department of the State and the Office of Special Trustee for American Indians in the Department of the Interior. (e) Description of Land.--The exact acreage and legal descriptions of the land and interests in land acquired by the United States under this section shall be determined by surveys that are satisfactory to the Secretary and the State. (f) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the acquisition of subsurface interests in land under this section as the Secretary considers appropriate to protect the interests of the United States and any valid existing rights. SEC. 3. INTERESTS IN LAND TAKEN INTO TRUST FOR THE TRIBE. (a) Land Transferred.--Notwithstanding any other provision of law, after the Tribe makes the payment described in subsection (b), the Secretary shall take into trust for the benefit of the Tribe the subsurface rights, formerly reserved to the United States, to the approximately 360.23 acres of land located in Pima County, Arizona, the surface rights to which are held in trust for the benefit of the Tribe. (b) Consideration and Costs.--The Tribe shall pay to the Secretary all transaction costs associated with assessment, review, and transfer of the interest in the estate authorized to be taken into trust pursuant to subsection (a). (c) Determination of Fair Market Value.--Notwithstanding any other provision of law, unless the Secretary and the Tribe agree to a stipulated fair market value, the value of the subsurface mineral interests taken into trust under this section shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000 in cooperation with the Department of Justice. (d) Description of Land.--The exact acreage and legal description of the land described in subsection (a) shall be determined by the Secretary.

Directs the Secretary of the Interior to acquire, by use of eminent domain, subsurface mineral rights to certain land owned by the Pascua Yaqui Tribe and certain land held in trust for the Tribe in Arizona. Requires the Secretary to take such interests into trust for the Tribe's benefit.

To provide for acquisition of subsurface mineral rights to land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Protection Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed on the minor, in a State other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides. ``(b) Exceptions.-- ``(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant reasonably believed, based on information the defendant obtained directly from a parent of the minor or other compelling facts, that before the minor obtained the abortion, the parental consent or notification, or judicial authorization took place that would have been required by the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides. ``(d) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action. ``(e) Definitions.--For the purposes of this section-- ``(1) a `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(2) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor's abortion decision as a person to whom notification, or from whom consent, is required; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor's abortion decision; and ``(4) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new item: ``117A. Transportation of minors in circumvention of 2431''. certain laws relating to abortion.

Child Custody Protection Act - Amends the Federal criminal code to prohibit transporting a minor across a State line to obtain an abortion and thereby abridging the right of a parent under a law in force in the State where the minor resides requiring parental involvement in a minor's abortion decision. Makes an exception if the abortion was necessary to save the life of the minor.Specifies that neither the minor transported nor her parent may be prosecuted or sued for a violation of this Act.Makes it an affirmative defense to a prosecution for, or to a civil action based on, such a violation that the defendant reasonably believed that before the minor obtained the abortion, the parental consent or notification or judicial authorization that would have been required had the abortion been performed in the State where the minor resides, took place.Authorizes any parent who suffers harm from a violation to obtain appropriate relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by such law as a person to whom notification, or from whom consent, is required.

A bill to amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Relief Act of 1998''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Section 15 Not To Apply.--No amendment made by section 3 shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. FINDINGS. The Congress hereby finds that-- (1) the Congressional Budget Office has projected a Federal budget surplus at the end of fiscal year 1998, the first surplus in almost 30 years; (2) if there is such a surplus, a systematic plan should be put in place to retire our $5,500,000,000,000 debt while restoring the social security and other trust funds; and (3) once such a plan has been adopted in the context of a balanced Federal budget and as an alternative to new Government spending, Congress should provide broad-based tax relief that will allow hard-working Americans to keep more of what they earn and the freedom to provide for their own needs. SEC. 3. REDUCTION OF INCOME TAX RATES; ELIMINATION OF MARRIAGE PENALTY. (a) General Rule.--Section 1 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $70,000............... 15% of taxable income. Over $70,000 but not over $102,300. $10,500, plus 28% of the excess over $70,000. Over $102,300 but not over $155,950. $19,544, plus 31% of the excess over $102,300. Over $155,950 but not over $278,450. $36,175.50, plus 36% of the excess over $155,950. Over $278,450.................. $80,275.50, plus 39.6% of the excess over $278,450. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $52,600............... 15% of taxable income. Over $52,600 but not over $87,700. $7,890, plus 28% of the excess over $52,600. Over $87,700 but not over $142,000. $17,718, plus 31% of the excess over $87,700. Over $142,000 but not over $278,450. $34,551, plus 36% of the excess over $142,000. Over $278,450.................. $83,673 plus 39.6% of the excess over $278,450. ``(c) Other Individuals.--There is hereby imposed on the taxable income of every individual (other than an individual to whom subsection (a) or (b) applies) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $35,000............... 15% of taxable income. Over $35,000 but not over $61,400. $5,250, plus 28% of the excess over $35,000. Over $61,400 but not over $128,100. $12,642, plus 31% of the excess over $61,400. Over $128,100 but not over $278,450. $33,319, plus 36% of the excess over $128,100. Over $278,450.................. $87,445, plus 39.6% of the excess over $278,450. ``(d) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,700................ 15% of taxable income. Over $1,700 but not over $4,000 $255, plus 28% of the excess over $1,700. Over $4,000 but not over $6,100 $899, plus 31% of the excess over $4,000. Over $6,100 but not over $8,350 $1,550, plus 36% of the excess over $6,100. Over $8,350.................... $2,360, plus 39.6% of the excess over $8,350.''. (b) Inflation Adjustment To Apply in Determining Rates for 1999.-- Subsection (f) of section 1 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``1998'', (2) by striking ``1992'' in paragraph (3)(B) and inserting ``1997'', and (3) by striking paragraph (7). (c) Conforming Amendments.-- (1) The following provisions are each amended by striking ``1992'' and inserting ``1997'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 68(b)(2)(B). (E) Section 135(b)(2)(B)(ii). (F) Section 151(d)(4). (G) Section 221(g)(1)(B). (H) Section 512(d)(2)(B). (I) Section 513(h)(2)(C)(ii). (J) Section 877(a)(2). (K) Section 911(b)(2)(D)(ii)(II). (L) Section 4001(e)(1)(B). (M) Section 4261(e)(4)(A)(ii). (N) Section 6039F(d). (O) Section 6334(g)(1)(B). (P) Section 7430(c)(1). (2) Subparagraph (B) of section 1(f)(6) is amended to read as follows: ``(B) Married individuals filing separately.--In the case of a married individual filing a separate return, subparagraph (A) shall be applied by substituting `$25' for `$50' each place it appears for purposes of determining any increase in the dollar amount under section 63(c)(2)(D), the $50,000 amount in section 68(b)(1), and the dollar amount in section 151(d)(3)(C)(iv).'' (3) Subclause (II) of section 42(h)(6)(G)(i) is amended by striking ``1987'' and inserting ``1997''. (4) Subparagraph (B) of section 59(j)(2) is amended by striking ``, determined by substituting `1997' for `1992' in subparagraph (B) thereof''. (5) Subparagraph (B) of section 63(c)(4) is amended by striking ``by substituting for'' and all that follows and inserting ``by substituting for `calendar year 1997' in subparagraph (B) thereof `calendar year 1987' in the case of the dollar amounts contained in paragraph (2) or (5)(A) or subsection (f).'' (6) Subparagraph (B) of section 132(f)(6) is amended by inserting before the period ``, determined by substituting `calendar year 1992' for `calendar year 1997' in subparagraph (B) thereof''. (7) Paragraph (2) of section 220(g) of such Code is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (8) Subparagraph (B) of section 685(c)(3) is amended by striking ``, by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (9) Subparagraph (B) of section 2032A(a)(3) is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (10) Subparagraph (B) of section 2503(b)(2) is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (11) Paragraph (2) of section 2631(c) is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (12) Subparagraph (B) of section 6601(j)(3) is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (13) Sections 468B(b)(1), 511(b)(1), 641(a), 641(d)(2)(A), and 685(d) are each amended by striking ``section 1(e)'' each place it appears and inserting ``section 1(d)''. (14) Sections 1(f)(2) and 904(b)(3)(E)(ii) are each amended by striking ``(d), or (e)'' and inserting ``or (d)''. (15) Paragraph (1) of section 1(f) is amended by striking ``(d), and (e)'' and inserting ``and (d)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Middle Class Tax Relief Act of 1998 - Amends the Internal Revenue Code to revise tax rates for: (1) married individuals filing joint returns and surviving spouses (eliminates the marriage penalty); (2) heads of households; (3) other individuals; and (4) estates and trusts.

Middle Class Tax Relief Act of 1998

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Quinebaug and Shetucket Rivers Valley National Heritage Corridor Reauthorization Act of 1999''. (b) References.--Except as otherwise expressly provided, wherever 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 Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 (16 U.S.C. 461 note; title I of Public Law 103-449). SEC. 2. FINDINGS. Section 102 is amended-- (1) in paragraph (1), by inserting ``and the Commonwealth of Massachusetts'' after ``State of Connecticut''; (2) by striking paragraph (2); (3) by redesignating paragraphs (3) through (9) as paragraphs (2) through (8), respectively; (4) in paragraph (3) (as so redesignated), by inserting ``New Haven,'' after ``Hartford,''; and (5) in paragraph (8) (as so redesignated), by striking ``regional and State agencies'' and inserting ``regional, and State agencies,''. SEC. 3. ESTABLISHMENT OF QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL HERITAGE CORRIDOR; PURPOSE. Section 103 is amended-- (1) in subsection (a), by inserting ``and the Commonwealth of Massachusetts'' after ``State of Connecticut''; and (2) by striking subsection (b) and inserting the following: ``(b) Purpose.--The purpose of this title is to provide assistance to the State of Connecticut and the Commonwealth of Massachusetts, and their units of local and regional government and citizens, in the development and implementation of integrated natural, cultural, historic, scenic, recreational, land, and other resource management programs in order to retain, enhance, and interpret the significant features of the land, water, structures, and history of the Quinebaug and Shetucket Rivers Valley.''. SEC. 4. BOUNDARIES AND ADMINISTRATION. Section 104 is amended-- (1) in the first sentence of subsection (a)-- (A) by inserting ``Union,'' after ``Thompson,''; and (B) by inserting before the period at the end the following: ``in the State of Connecticut, and the towns of Brimfield, Charlton, Dudley, East Brookfield, Holland, Oxford, Southbridge, Sturbridge, and Webster in the Commonwealth of Massachusetts, which are contiguous areas in the Quinebaug and Shetucket Rivers Valley, related by shared natural, cultural, historic, and scenic resources''; and (2) by adding at the end the following: ``(b) Administration.--The Corridor shall be managed by Quinebaug- Shetucket Heritage Corridor, Inc., in accordance with the management plan and in consultation with the Governors.''. SEC. 5. MANAGEMENT PLAN. Section 105 is amended-- (1) by striking the section heading and inserting the following: ``SEC. 105. MANAGEMENT PLAN.''; (2) by striking subsections (a) and (b); (3) by redesignating subsection (c) as subsection (a); (4) in subsection (a) (as so redesignated)-- (A) in the subsection heading, by inserting ``Management'' before ``Plan''; (B) by striking the first sentence and inserting the following: ``The management entity shall implement the management plan.''; (C) in paragraph (5), by striking ``identified pursuant to the inventory required in section 5(a)(1)''; and (D) in paragraphs (6) and (7), by striking ``plan'' each place it appears and inserting ``management plan''; and (5) by adding at the end the following: ``(b) Grants and Loans.--The management entity may, for the purposes of implementing the management plan, make grants or loans to the States, their political subdivisions, nonprofit organizations, and other persons to further the goals set forth in the management plan.''. SEC. 6. DUTIES OF THE SECRETARY. Section 106 is amended to read as follows: ``SEC. 106. DUTIES OF THE SECRETARY. ``(a) In General.--Upon request of the management entity, the Secretary and the heads of other Federal agencies shall assist the management entity in the implementation of the management plan. ``(b) Forms of Assistance.--Assistance under subsection (a) shall include provision of funds authorized under section 109 and technical assistance necessary to carry out this Act.''. SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES. Section 107 is amended by striking ``Governor'' and inserting ``management entity''. SEC. 8. DEFINITIONS. Section 108 is amended-- (1) in paragraph (1), by inserting before the period at the end the following: ``and the Commonwealth of Massachusetts''; (2) in paragraph (3), by inserting before the period at the end the following: ``and the Governor of the Commonwealth of Massachusetts''; (3) in paragraph (5), by striking ``means each of'' and all that follows and inserting the following: ``means-- ``(A) the Northeastern Connecticut Council of Governments, the Windham Regional Council of Governments, and the Southeastern Connecticut Council of Governments in Connecticut (or any successor council); and ``(B) the Pioneer Valley Regional Planning Commission and the Southern Worcester County Regional Planning Commission in Massachusetts (or any successor commission).''; and (4) by adding at the end the following: ``(6) Management entity.--The term `management entity' means Quinebaug-Shetucket Heritage Corridor, Inc., a not-for- profit corporation incorporated under the law of the State of Connecticut (or a successor entity). ``(7) Management plan.--The term `management plan' means the document approved by the Governor of the State of Connecticut on February 16, 1999, and adopted by the management entity, entitled `Vision to Reality: A Management Plan', comprising the management plan for the Corridor, as the document may be amended or replaced from time to time.''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 109 is amended to read as follows: ``SEC. 109. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this title-- ``(1) $1,500,000 for any fiscal year; but ``(2) not more than a total of $15,000,000. ``(b) Cost Sharing.--Federal funding provided under this title may not exceed 50 percent of the total cost of any assistance provided under this title.''. SEC. 10. CONFORMING AMENDMENT. Section 110 is amended in the section heading by striking ``service'' and inserting ``system''.

Names Quinebaug- Shetucket Heritage Corridor, Inc. the management entity for the Corridor, with authority to make grants or loans to the States, local governments, nonprofit organizations, and other persons to further the goals set forth in the management plan adopted by the Governor of Connecticut on February 16, 1999. Specifies regional planning organizations in Massachusetts which shall be involved in preserving the Corridor and ensuring appropriate use of lands and structures throughout it. Increases the authorization of appropriations, and makes it permanent.

Quinebaug and Shetucket Rivers Valley National Heritage Corridor Reauthorization Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Private Vocational Partnership Act of 2005''. SEC. 2. DONATIONS TO SECONDARY SCHOOLS AND COMMUNITY COLLEGES FOR VOCATIONAL EDUCATION PURPOSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45J. DONATIONS TO SECONDARY SCHOOLS AND COMMUNITY COLLEGES FOR VOCATIONAL EDUCATION PURPOSES. ``(a) General Rule.--For purposes of section 38, in the case of a corporation (as defined in section 170(e)(4)(D)), the vocational education donation credit determined under this section for the taxable year is an amount equal to the sum of-- ``(1) 90 percent of the fair market value of qualified property donations made during the taxable year, plus ``(2) the aggregate of the intern credit amounts. ``(b) Limitations.-- ``(1) Qualified property donations.--The amount allowed as a credit under subsection (a)(1) shall not exceed $50,000. ``(2) Intern credit amount.-- ``(A) In general.--The amount allowed as a credit under subsection (a)(2) with respect to a qualified intern shall be the amount equal to $100 multiplied by the number of months during the taxable year in which the intern was an employee of the taxpayer. ``(B) Aggregate per intern credit amounts.--The aggregate amount allowed to the taxpayer as a credit under subsection (a)(2) for the taxable year shall not exceed $6,000. ``(c) Qualified Property Donations.--For purposes of this section, the term `qualified property donations' means a charitable contribution (as defined in section 170(c)) of tangible personal property if-- ``(1) the contribution is to an educational organization described in section 170(b)(1)(A)(ii) which is a secondary school or community college, ``(2) substantially all of the use of the property by the donee is for use within the United States for educational purposes that are related to the purpose or function of the donee, ``(3) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, ``(4) the property will fit productively into the donee's education plan, ``(5) the donee's use and disposition of the property will be in accordance with the provisions of paragraphs (2), (3), and (4), and ``(6) the property meets such standards, if any, as the Secretary may prescribe by regulation to assure that the property meets minimum functionality and suitability standards for educational purposes. ``(d) Qualified Intern.--For purposes of this section-- ``(1) In general.--The term `qualified intern' means an individual-- ``(A) who is enrolled full-time as a student in a secondary school or community college, and ``(B) who is employed for not more than 20 hours per week by the taxpayer as part of a vocational education course approved by such school or college. ``(2) Secondary school.--The term `secondary school' means a secondary school (as defined by section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)) which offers a program of education in vocational education. ``(3) Community college.--The term `community college' means a public or nonprofit private postsecondary regionally accredited institution that provides not less than a 2-year program of instruction that is acceptable for full credit toward a bachelor's degree at an accredited institution and whose highest degree offered is predominantly the associate degree. ``(e) Aggregation Rule.--For purposes of subsection (b), all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (n) or (o) of section 414 shall be treated as one person. ``(f) Coordination With Section 170(b).--The limitation which would (but for this subsection) apply under section 170(b) for any taxable year shall be reduced (but not below zero) by the fair market value of property taken into account in determining the credit allowed under subsection (a)(1) for such year.''. (b) Credit to Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) in the case of a corporation (as defined in section 170(e)(4)(D)), the vocational education donation credit determined under section 45J(a).''. (c) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(e) Vocational Education Donations.--The deduction otherwise allowed for amounts taken into account under section 45J shall be reduced by the amount of the credit determined under section 45J(a) with respect to such amounts.''. (d) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45I the following new item: ``Sec. 45J. Donations to secondary schools and community colleges for vocational education purposes.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Public Private Vocational Partnership Act of 2005 - Amends the Internal Revenue Code to allow certain corporations who employ interns enrolled full-time in vocational programs in secondary schools or community colleges a business tax credit for donations of tangible personal property to such schools and colleges. Bases the credit on the fair market value of the property donated and the number of months such interns are employed by the taxpayer.

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

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans' Insurance Reform Act of 1995''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. AUTHORITY TO TERMINATE SERVICEMEN'S GROUP LIFE INSURANCE WHEN PREMIUMS ARE NOT PAID. (a) Authority.--Section 1969(a)(2) is amended-- (1) by inserting ``(A)'' after ``(2)''; and (2) by adding at the end the following: ``(B) If an individual who is required pursuant to subparagraph (A) to make a direct remittance of costs to the Secretary concerned fails to make the required remittance within 60 days of the date on which such remittance is due, such individual's insurance with respect to which such remittance is required shall be terminated by the Secretary concerned. Such termination shall be made by written notice to the individual's official address and shall be effective 60 days after the date of such notice. Such termination of insurance may be vacated if, before the effective date of termination, the individual remits all amounts past due for such insurance and demonstrates to the satisfaction of the Secretary concerned that the failure to make timely remittances was justifiable.''. (b) Conforming Amendment.--Section 1968(a) is amended by inserting ``(or discontinued pursuant to section 1969(a)(2)(B) of this title)'' in the matter preceding paragraph (1) after ``upon the written request of the insured''. SEC. 3. AUTOMATIC MAXIMUM COVERAGE UNDER SERVICEMEN'S GROUP LIFE INSURANCE. (a) Automatic Maximum Coverage.--Section 1967 is amended in subsections (a) and (c) by striking out ``$100,000'' each place it appears and inserting in lieu thereof in each instance ``$200,000''. (b) Information To Be Provided Members.--Subsection (e) of such section is amended to read as follows: ``(e) Whenever a member has the opportunity to make an election under subsection (a) not to be insured under this subchapter, or to be insured under this subchapter in an amount less than the maximum amount, and at such other times periodically thereafter as the Secretary concerned considers appropriate, the Secretary concerned shall furnish to the member general information concerning life insurance. Such information shall include-- ``(1) the purpose and role of life insurance in financial planning; ``(2) the difference between term life insurance and whole life insurance; ``(3) the availability of commercial life insurance; and ``(4) the relationship between Servicemembers' Group Life Insurance and Veterans' Group Life Insurance.''. SEC. 4. RENAMING OF SERVICEMEN'S GROUP LIFE INSURANCE PROGRAM. (a) In General.--The program of insurance operated by the Secretary of Veterans Affairs under subchapter III of chapter 19 of title 38, United States Code, is hereby redesignated as the Servicemembers' Group Life Insurance program. (b) Amendments to Chapter 19.--(1) Sections 1967(a), (c), and (f), 1968(b), 1969(a)-(e), 1970(a), (f), and (g), 1971(b), 1973, 1974, and 1977(a), (d), (e), and (g) are amended by striking out ``Servicemen's Group'' each place it appears and inserting in lieu thereof ``Servicemembers' Group''. (2)(A) The heading of subchapter III of chapter 19 is amended to read as follows: ``SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE (FORMERLY SERVICEMEN'S GROUP LIFE INSURANCE)''. (B) The heading of section 1974 is amended to read as follows: ``Sec. 1974. Advisory Council on Servicemembers' Group Life Insurance (formerly Servicemen's Group Life Insurance)''. (3) The table of sections at the beginning of chapter 19 is amended-- (A) by striking out the item relating to subchapter III and inserting in lieu thereof the following: ``subchapter iii--servicemembers' group life insurance (formerly servicemen's group life insurance)''; and (B) by striking out the item relating to section 1974 and inserting in lieu thereof the following: ``1974. Advisory Council on Servicemembers' Group Life Insurance (formerly Servicemen's Group Life Insurance)''. (c) Other Conforming Amendments.--(1) Section 1315(f)(1)(F) is amended by striking out ``servicemen's'' the first place it appears and inserting in lieu thereof ``servicemembers''. (2) Sections 3017(a) and 3224(1) are amended by striking out ``Servicemen's'' each place it appears and inserting in lieu thereof ``Servicemembers'''. SEC. 5. MERGER OF RETIRED RESERVE SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE AND EXTENSION OF VETERANS' GROUP LIFE INSURANCE TO MEMBERS OF THE READY RESERVE. (a) Definition of Member.--Section 1965(5) is amended-- (1) by inserting ``and'' at the end of subparagraph (B); (2) by striking out subparagraphs (C) and (D); and (3) by redesignating subparagraph (E) as subparagraph (C). (b) Persons Insured.--Section 1967 is amended-- (1) in subsection (a)-- (A) by inserting ``and'' at the end of paragraph (1); (B) by striking out paragraphs (3) and (4); and (C) by striking out ``or the first day a member of the Reserves, whether or not assigned to the Retired Reserve of a uniformed service, meets the qualifications of section 1965(5)(C) of this title, or the first day a member of the Reserves meets the qualifications of section 1965(5)(D) of this title,''; (2) by striking out subsection (d); and (3) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (c) Duration and Termination of Coverage.--Section 1968 is amended-- (1) in subsection (a)-- (A) by striking out ``subparagraph (B), (C), or (D) of section 1965(5)'' and inserting in lieu thereof ``section 1965(5)(B)''; (B) by striking out the period at the end of paragraphs (1) and (2) and inserting in lieu thereof a semicolon; (C) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ``; and''; (D) in paragraph (4)-- (i) by striking out ``from such'' in the matter preceding subparagraph (A) and all that follows through ``(A) unless on'' and inserting in lieu thereof ``from such assignment, unless on''; (ii) by striking out the semicolon after ``such assignment'' and inserting in lieu thereof a period; and (iii) by striking out subparagraphs (B) and (C); and (E) by striking out paragraphs (5) and (6); and (2) in subsection (b), by striking out the last two sentences. (d) Premiums.--Section 1969 is amended-- (1) in subsection (a)(2), by striking out ``is assigned to the Reserve (other than the Retired Reserve) and meets the qualifications of section 1965(5)(C) of this title, or is assigned to the Retired Reserve and meets the qualifications of section 1965(5)(D) of this title,''; (2) by striking out subsection (e); and (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. SEC. 6. CONVERSION TO COMMERCIAL LIFE INSURANCE POLICY. (a) SGLI Conversion.--Subsection (b) of section 1968, as amended by section 5(c)(2), is amended-- (1) by inserting ``(1)'' after ``(b)'' at the beginning of the subsection; (2) by striking out ``would cease,'' in the first sentence and all that follows through the period at the end of the sentence and inserting in lieu thereof ``would cease-- ``(A) shall be automatically converted to Veterans' Group Life Insurance, subject to (i) the timely payment of the initial premium under terms prescribed by the Secretary, and (ii) the terms and conditions set forth in section 1977 of this title; or ``(B) at the election of the member, shall be converted to an individual policy of insurance as described in section 1977(e) of this title upon written application for conversion made to the participating company selected by the member and payment of the required premiums.''; and (3) by designating the second sentence as paragraph (2) and in that sentence striking out ``Such automatic conversion'' and inserting in lieu thereof ``Automatic conversion to Veterans' Group Life Insurance under paragraph (1)''. (b) VGLI Conversion.--Section 1977 is amended-- (1) in subsection (a)-- (A) by inserting ``(1)'' after ``(a)''; (B) by striking out the last two sentences; and (C) by adding at the end the following: ``(2) If any person insured under Veterans' Group Life Insurance again becomes insured under Servicemembers' Group Life Insurance but dies before terminating or converting such person's Veterans' Group Insurance, Veterans' Group Life Insurance shall be payable only if such person is insured for less than $200,000 under Servicemembers' Group Life Insurance, and then only in an amount which, when added to the amount of Servicemembers' Group Life Insurance payable, does not exceed $200,000.''; and (2) in subsection (e)-- (A) in the first sentence, by inserting ``at any time'' after ``shall have the right''; and (B) by striking out the third sentence and inserting in lieu thereof the following: ``The Veterans' Group Life Insurance policy will terminate on the day before the date on which the individual policy becomes effective.''. SEC. 7. EFFECTIVE DATE. The Servicemembers' Group Life Insurance of any member of the Retired Reserve of a uniformed service in force on the date of the enactment of this Act shall be converted, effective 90 days after that date, to Veterans' Group Life Insurance.

Veterans' Insurance Reform Act of 1995 - Authorizes the Secretary of the military department concerned to terminate an individual's coverage under the Servicemen's Group Life Insurance (SGLI) if such individual does not pay the required premiums within 60 days after their due date. Requires written notification of such termination. Vacates such termination if such individual, before the effective date of such termination (60 days after notification), remits all past due amounts and demonstrates to the Secretary's satisfaction that the failure to make timely payments was justifiable. Increases from $100,000 to $200,000 the maximum automatic coverage for individuals under the SGLI. Requires specified information to be provided to SGLI holders. Redesignates SGLI as Servicemembers' Group Life Insurance. Merges into SGLI those individuals currently covered under the Retired SGLI program. Revises provisions concerning duration and termination of coverage and premiums with respect to such newly-covered individuals. Allows SGLI policies to be converted, upon the completion of miitary duty or travel, to a commercial life insurance policy with a participating company selected by the individual. Provides for the payment of Veterans' Group Life Insurance (VGLI) to an individual who has in effect at death both SGLI and VGLI coverage, limiting the total benefits payable from both policies to $200,000. Allows VGLI policies to be converted to commercial life insurance policies. Requires SGLI coverage of any member of the Retired Reserve to be converted to VGLI coverage 90 days after the enactment of this Act.

Veterans' Insurance Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``American 5-Cent Coin Design Continuity Act of 2002''. SEC. 2. DESIGNS ON THE 5-CENT COIN COMMEMORATING THE BICENTENNIAL OF THE LOUISIANA PURCHASE. (a) In General.--Subject to subsection (b) and after consulting with the Coin Design Advisory Committee and the Commission of Fine Arts, the Secretary of the Treasury may change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003, 2004, and 2005 in commemoration of the bicentennial of the Louisiana Purchase. (b) Design Specifications.-- (1) Obverse.--If the Secretary of the Treasury elects to change the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall include an image of President Thomas Jefferson in commemoration of his role with respect to the Louisiana Purchase and the commissioning of the Louis and Clark Expedition to explore the newly acquired territory. (2) Reverse.--If the Secretary of the Treasury elects to change the reverse of the 5-cent coins issued during 2003, 2004, and 2005, the design selected shall commemorate the Louisiana Purchase. (3) Other inscriptions.--5-cent coins issued during 2003, 2004, and 2005 shall continue to meet all other requirements for inscriptions and designations applicable to circulating coins under section 5112(d)(1) of title 31, United States Code. SEC. 3. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE COMMEMORATION OF THE BICENTENNIAL OF THE LOUISIANA PURCHASE. (a) In General.--Section 5112(d)(1) of title 31, United States Code, is amended by inserting after the 4th sentence the following new sentences: ``The obverse of any 5-cent coin issued after December 31, 2005, shall bear an image of Thomas Jefferson. The reverse of any 5- cent coin issued after December 31, 2005, shall bear an image of the home of Thomas Jefferson at Monticello.''. (b) Design Consultation.-- The 2d sentence of section 5112(d)(2) of title 31, United States Code, is amended by inserting ``, after consulting with the Coin Design Advisory Committee and the Commission of Fine Arts,'' after ``The Secretary may''. SEC. 4. COIN DESIGN ADVISORY COMMITTEE. (a) In General.--Subchapter III of chapter 51 of title 31, United States Code, is amended by inserting after section 5136 (as amended by section 5 of this Act) the following new section: ``Sec. 5137. Coin Design Advisory Committee (a) Establishment.--There is hereby established the Coin Design Advisory Committee (in this section referred to as the ``Advisory Committee''). ``(b) Membership.-- (1) Appointment.--The Advisory Committee shall consist of 9 members, as follows: ``(A) The Chief of Staff to the Secretary of the Treasury. ``(B) 4 persons appointed by the President-- ``(i) 1 of whom shall be appointed for a term of 4 years from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience as a nationally or internationally recognized curator in the United States of a numismatic collection; ``(ii) 1 of whom shall be appointed for a term of 4 years from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their experience in the medallic arts or sculpture; ``(iii) 1 of whom shall be appointed for a term of 3 years from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in American history; and ``(iv) 1 of whom shall be appointed for a term of 2 years from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in numismatics. ``(C) 1 person appointed by the Speaker of the House of Representatives from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, including staff employees of the House of Representatives, who shall serve at the pleasure of the Speaker. ``(D) 1 person appointed by the minority leader of the House of Representatives from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, including staff employees of the House of Representatives, who shall serve at the pleasure of the minority leader. ``(E) 1 person appointed by the majority leader of the Senate from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, including staff employees of the Senate, who shall serve at the pleasure of the majority leader. ``(F) 1 person appointed by the minority leader of the Senate from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience, including staff employees members of the Senate, who shall serve at the pleasure of the minority leader. ``(2) Continuation of service.--Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed and qualified. ``(3) Vacancy.-- ``(A) In general.--Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. ``(B) Acting officials may serve.--In the event of a vacancy in a position described in paragraph (1)(A), and pending the appointment of a successor, or during the absence or disability of any individual serving in any such position, any individual serving in an acting capacity in any such position may serve on the Advisory Committee while serving in such capacity. ``(4) Chairperson.--The Chairperson of the Advisory Committee shall be the person serving in the position described in paragraph (1)(A) (or serving in an acting capacity in such position). ``(5) Pay and expenses.--Members of the Advisory Committee shall serve without pay for such service but each member of the Advisory Committee shall be reimbursed from the United States Mint Public Enterprise Fund for expenses incurred in connection with attendance of such members at meetings of the Advisory Committee. ``(6) Meetings.--The Advisory Committee shall meet, not less frequently than quarterly, at the call of the chairperson or a majority of the members. ``(7) Quorum.--7 members of the Advisory Committee shall constitute a quorum. ``(c) Duties of the Advisory Committee.--The duties of the Advisory Committee are as follows: ``(1) Advise the Secretary of the Treasury on any design proposals relating to circulating coinage and numismatic items, including congressional gold medals. ``(2) Advise the Secretary of the Treasury with regard to any other proposals or issues relating to any items produced by the United States Mint that the Secretary may request of the Advisory Committee. ``(d) Administrative Support Services.--Upon the request of the Advisory Committee, the Director of the United States Mint shall provide to the Advisory Committee the administrative support services necessary for the Advisory Committee to carry out its responsibilities under this section. ``(e) Annual Report.-- ``(1) Required.--Not later than January 30 of each year, the Advisory Committee shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(2) Contents.--The report required by paragraph (1) shall describe the activities of the Advisory Committee during the preceding year and the reports and recommendations made by the Advisory Committee to the Secretary of the Treasury. ``(f) Federal Advisory Committee Act Does Not Apply.--The Federal Advisory Committee Act shall not apply with respect to the Committee, except that each meeting of the Advisory Committee shall be open to the public following publication of a notice of the meeting in the Federal Register.''. Passed the House of Representatives July 22, 2002. Attest: JEFF TRANDAHL, Clerk.

American 5-Cent Coin Design Continuity Act of 2002 - Authorizes the Secretary of the Treasury to change the design on the obverse and reverse sides of five-cent coins issued in 2003, 2004, and 2005 to commemorate the bicentennial of the Louisiana Purchase. States that: (1) if the Secretary elects to change the obverse side design, the new design shall include an image of President Thomas Jefferson in commemoration of his role with respect to the Louisiana Purchase and the commissioning of the Louis and Clark Expedition; and (2) if the reverse side depiction is changed, the new design shall commemorate the Louisiana Purchase.Amends Federal law to declare that after December 31, 2005, any five-cent coin issued shall bear on its obverse side an image of Thomas Jefferson, and on its reverse side an image of Jefferson's home at Monticello.Establishes the Coin Design Advisory Committee to advise the Secretary on any design proposals relating to circulating coinage and numismatic items, and any other proposals or issues relating to items produced by the United States Mint as the Secretary may request.

To ensure continuity for the design of the 5-cent coin, establish the Coin Design Advisory Committee, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Protection Act of 2007''. SEC. 2. PROHIBITION ON EMINENT DOMAIN ABUSE BY STATES. (a) In General.--No State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property to be used for economic development or over property that is used for economic development within 7 years after that exercise, if that State or political subdivision receives Federal economic development funds during any fiscal year in which the property is so used or intended to be used. (b) Ineligibility for Federal Funds.--A violation of subsection (a) by a State or political subdivision shall render such State or political subdivision ineligible for any Federal economic development funds for a period of 2 fiscal years following a final judgment on the merits by a court of competent jurisdiction that such subsection has been violated, and any Federal agency charged with distributing those funds shall withhold them for such 2-year period, and any such funds distributed to such State or political subdivision shall be returned or reimbursed by such State or political subdivision to the appropriate Federal agency or authority of the Federal Government, or component thereof. (c) Opportunity To Cure Violation.--A State or political subdivision shall not be ineligible for any Federal economic development funds under subsection (b) if such State or political subdivision returns all real property the taking of which was found by a court of competent jurisdiction to have constituted a violation of subsection (a) and replaces any other property destroyed and repairs any other property damaged as a result of such violation. SEC. 3. PROHIBITION ON EMINENT DOMAIN ABUSE BY THE FEDERAL GOVERNMENT. The Federal Government or any authority of the Federal Government shall not exercise its power of eminent domain to be used for economic development. SEC. 4. PRIVATE RIGHT OF ACTION. (a) Cause of Action.--Any (1) owner of private property whose property is subject to eminent domain who suffers injury as a result of a violation of any provision of this Act with respect to that property, or (2) any tenant of property that is subject to eminent domain who suffers injury as a result of a violation of any provision of this Act with respect to that property, may bring an action to enforce any provision of this Act in the appropriate Federal or State court. A State shall not be immune under the eleventh amendment to the Constitution of the United States from any such action in a Federal or State court of competent jurisdiction. In such action, the defendant has the burden to show by clear and convincing evidence that the taking is not for economic development. Any such property owner or tenant may also seek an appropriate relief through a preliminary injunction or a temporary restraining order. (b) Limitation on Bringing Action.--An action brought by a property owner or tenant under this Act may be brought if the property is used for economic development following the conclusion of any condemnation proceedings condemning the property of such property owner or tenant, but shall not be brought later than seven years following the conclusion of any such proceedings. (c) Attorneys' Fee and Other Costs.--In any action or proceeding under this Act, the court shall allow a prevailing plaintiff a reasonable attorneys' fee as part of the costs, and include expert fees as part of the attorneys' fee. SEC. 5. REPORTING OF VIOLATIONS TO ATTORNEY GENERAL. (a) Submission of Report to Attorney General.--Any (1) owner of private property whose property is subject to eminent domain who suffers injury as a result of a violation of any provision of this Act with respect to that property, or (2) any tenant of property that is subject to eminent domain who suffers injury as a result of a violation of any provision of this Act with respect to that property, may report a violation by the Federal Government, any authority of the Federal Government, State, or political subdivision of a State to the Attorney General. (b) Investigation by Attorney General.--Upon receiving a report of an alleged violation, the Attorney General shall conduct an investigation to determine whether a violation exists. (c) Notification of Violation.--If the Attorney General concludes that a violation does exist, then the Attorney General shall notify the Federal Government, authority of the Federal Government, State, or political subdivision of a State that the Attorney General has determined that it is in violation of the Act. The notification shall further provide that the Federal Government, State, or political subdivision of a State has 90 days from the date of the notification to demonstrate to the Attorney General either that (1) it is not in violation of the Act or (2) that it has cured its violation by returning all real property the taking of which the Attorney General finds to have constituted a violation of the Act and replacing any other property destroyed and repairing any other property damaged as a result of such violation. (d) Attorney General's Bringing of Action To Enforce Act.--If, at the end of the 90-day period described in subsection (c), the Attorney General determines that the Federal Government, authority of the Federal Government, State, or political subdivision of a state is still violating the Act or has not cured its violation as described in subsection (c), then the Attorney General will bring an action to enforce the Act unless the property owner or tenant who reported the violation has already brought an action to enforce the Act. In such a case, the Attorney General shall intervene if it determines that intervention is necessary in order to enforce the Act. The Attorney General may file its lawsuit to enforce the Act in the appropriate Federal or State court. A State shall not be immune under the eleventh amendment to the Constitution of the United States from any such action in a Federal or State court of competent jurisdiction. In such action, the defendant has the burden to show by clear and convincing evidence that the taking is not for economic development. The Attorney General may seek any appropriate relief through a preliminary injunction or a temporary restraining order. (e) Limitation on Bringing Action.--An action brought by the Attorney General under this Act may be brought if the property is used for economic development following the conclusion of any condemnation proceedings condemning the property of an owner or tenant who reports a violation of the Act to the Attorney General, but shall not be brought later than seven years following the conclusion of any such proceedings. (f) Attorneys' Fee and Other Costs.--In any action or proceeding under this Act brought by the Attorney General, the court shall, if the Attorney General is a prevailing plaintiff, award the Attorney General a reasonable attorneys' fee as part of the costs, and include expert fees as part of the attorneys' fee. SEC. 6. NOTIFICATION BY ATTORNEY GENERAL. (a) Notification to States and Political Subdivisions.-- (1) Not later than 30 days after the enactment of this Act, the Attorney General shall provide to the chief executive officer of each State the text of this Act and a description of the rights of property owners and tenants under this Act. (2) Not later than 120 days after the enactment of this Act, the Attorney General shall compile a list of the Federal laws under which Federal economic development funds are distributed. The Attorney General shall compile annual revisions of such list as necessary. Such list and any successive revisions of such list shall be communicated by the Attorney General to the chief executive officer of each State and also made available on the Internet website maintained by the United States Department of Justice for use by the public and by the authorities in each State and political subdivisions of each State empowered to take private property and convert it to public use subject to just compensation for the taking. (b) Notification to Property Owners and Tenants.--Not later than 30 days after the enactment of this Act, the Attorney General shall publish in the Federal Register and make available on the Internet website maintained by the United States Department of Justice a notice containing the text of this Act and a description of the rights of property owners and tenants under this Act. SEC. 7. REPORTS. (a) By Attorney General.--Not later than 1 year after the date of enactment of this Act, and every subsequent year thereafter, the Attorney General shall transmit a report identifying States or political subdivisions that have used eminent domain in violation of this Act to the Chairman and Ranking Member of the Committee on the Judiciary of the House of Representatives and to the Chairman and Ranking Member of the Committee on the Judiciary of the Senate. The report shall-- (1) identify all private rights of action brought as a result of a State's or political subdivision's violation of this Act; (2) identify all violations reported by property owners and tenants under section 5(c) of this Act; (3) identify all lawsuits brought by the Attorney General under section 5(d) of this Act; (4) identify all States or political subdivisions that have lost Federal economic development funds as a result of a violation of this Act, as well as describe the type and amount of Federal economic development funds lost in each State or political subdivision and the Agency that is responsible for withholding such funds; (5) discuss all instances in which a State or political subdivision has cured a violation as described in section 2(c) of this Act. (b) Duty of States.--Each State and local authority that is subject to a private right of action under this Act shall have the duty to report to the Attorney General such information with respect to such State and local authorities as the Attorney General needs to make the report required under subsection (a). SEC. 8. SENSE OF CONGRESS REGARDING RURAL AMERICA. (a) Findings.--The Congress finds the following: (1) The founders realized the fundamental importance of property rights when they codified the Takings Clause of the Fifth Amendment to the Constitution, which requires that private property shall not be taken ``for public use, without just compensation''. (2) Rural lands are unique in that they are not traditionally considered high tax revenue-generating properties for State and local governments. In addition, farmland and forest land owners need to have long-term certainty regarding their property rights in order to make the investment decisions to commit land to these uses. (3) Ownership rights in rural land are fundamental building blocks for our Nation's agriculture industry, which continues to be one of the most important economic sectors of our economy. (4) In the wake of the Supreme Court's decision in Kelo v. City of New London, abuse of eminent domain is a threat to the property rights of all private property owners, including rural land owners. (b) Sense of Congress.--It is the sense of Congress that the use of eminent domain for the purpose of economic development is a threat to agricultural and other property in rural America and that the Congress should protect the property rights of Americans, including those who reside in rural areas. Property rights are central to liberty in this country and to our economy. The use of eminent domain to take farmland and other rural property for economic development threatens liberty, rural economies, and the economy of the United States. The taking of farmland and rural property will have a direct impact on existing irrigation and reclamation projects. Furthermore, the use of eminent domain to take rural private property for private commercial uses will force increasing numbers of activities from private property onto this Nation's public lands, including its National forests, National parks and wildlife refuges. This increase can overburden the infrastructure of these lands, reducing the enjoyment of such lands for all citizens. Americans should not have to fear the government's taking their homes, farms, or businesses to give to other persons. Governments should not abuse the power of eminent domain to force rural property owners from their land in order to develop rural land into industrial and commercial property. Congress has a duty to protect the property rights of rural Americans in the face of eminent domain abuse. SEC. 9. DEFINITIONS. In this Act the following definitions apply: (1) Economic development.--The term ``economic development'' means taking private property, without the consent of the owner, and conveying or leasing such property from one private person or entity to another private person or entity for commercial enterprise carried on for profit, or to increase tax revenue, tax base, employment, or general economic health, except that such term shall not include-- (A) conveying private property-- (i) to public ownership, such as for a road, hospital, airport, or military base; (ii) to an entity, such as a common carrier, that makes the property available to the general public as of right, such as a railroad or public facility; (iii) for use as a road or other right of way or means, open to the public for transportation, whether free or by toll; (iv) for use as an aqueduct, flood control facility, pipeline, or similar use; (B) removing harmful uses of land provided such uses constitute an immediate threat to public health and safety; (C) leasing property to a private person or entity that occupies an incidental part of public property or a public facility, such as a retail establishment on the ground floor of a public building; (D) acquiring abandoned property; (E) clearing defective chains of title; (F) taking private property for use by a public utility; and (G) redeveloping of a brownfield site as defined in the Small Business Liability Relief and Brownfields Revitalization Act (42 U.S.C. 9601(39)). (2) Federal economic development funds.--The term ``Federal economic development funds'' means any Federal funds distributed to or through States or political subdivisions of States under Federal laws designed to improve or increase the size of the economies of States or political subdivisions of States. (3) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. SEC. 10. SEVERABILITY AND EFFECTIVE DATE. (a) Severability.--The provisions of this Act are severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b) Effective Date.--This Act shall take effect upon the first day of the first fiscal year that begins after the date of the enactment of this Act, but shall not apply to any project for which condemnation proceedings have been initiated prior to the date of enactment. SEC. 11. SENSE OF CONGRESS. It is the policy of the United States to encourage, support, and promote the private ownership of property and to ensure that the constitutional and other legal rights of private property owners are protected by the Federal Government. SEC. 12. BROAD CONSTRUCTION. This Act shall be construed in favor of a broad protection of private property rights, to the maximum extent permitted by the terms of this Act and the Constitution. SEC. 13. LIMITATION ON STATUTORY CONSTRUCTION. Nothing in this Act may be construed to supersede, limit, or otherwise affect any provision of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). SEC. 14. RELIGIOUS AND NONPROFIT ORGANIZATIONS. (a) Prohibition on States.--No State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization, or any quality related thereto if that State or political subdivision receives Federal economic development funds during any fiscal year in which it does so. (b) Ineligibility for Federal Funds.--A violation of subsection (a) by a State or political subdivision shall render such State or political subdivision ineligible for any Federal economic development funds for a period of 2 fiscal years following a final judgment on the merits by a court of competent jurisdiction that such subsection has been violated, and any Federal agency charged with distributing those funds shall withhold them for such 2-year period, and any such funds distributed to such State or political subdivision shall be returned or reimbursed by such State or political subdivision to the appropriate Federal agency or authority of the Federal Government, or component thereof. (c) Prohibition on Federal Government.--The Federal Government or any authority of the Federal Government shall not exercise its power of eminent domain over property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization, or any quality related thereto. SEC. 15. REPORT BY FEDERAL AGENCIES ON REGULATIONS AND PROCEDURES RELATING TO EMINENT DOMAIN. Not later than 180 days after the date of the enactment of this Act, the head of each Executive department and agency shall review all rules, regulations, and procedures and report to the Attorney General on the activities of that department or agency to bring its rules, regulations and procedures into compliance with this Act. SEC. 16. SENSE OF CONGRESS. It is the sense of Congress that any and all precautions shall be taken by the government to avoid the unfair or unreasonable taking of property away from survivors of Hurricane Katrina who own, were bequeathed, or assigned such property, for economic development purposes or for the private use of others.

Private Property Rights Protection Act of 2007 - Prohibits a state or political subdivision from exercising its power of eminent domain, or allowing the exercise of such power by delegation, over property to be used for economic development or over property that is used for economic development within seven years after that exercise, if the state or political subdivision receives federal economic development funds during any fiscal year in which the property is so used or intended to be used. Prohibits the federal government from exercising its power of eminent domain for economic development. Establishes a private cause of action for any private property owner or tenant who suffers injury as a result of a violation of this Act. Prohibits state immunity in federal or state court. Sets the statute of limitations at seven years. Requires the Attorney General to bring an action to enforce this Act in certain circumstances, but prohibits an action brought later than seven years following the conclusion of any condemnation proceedings. Requires the Attorney General to disseminate information on: (1) the rights of property owners and tenants under this Act; and (2) the federal laws under which federal economic development funds are distributed. Prohibits a state or political subdivision from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality if that state or political subdivision receives federal economic development funds during any fiscal year. Prohibits the federal government from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality.

To protect private property rights.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare, Medicaid, and MCH Tobacco Use Cessation Promotion Act of 2001''. SEC. 2. COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE UNDER THE MEDICARE PROGRAM. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (U), by striking ``and'' at the end; (2) in subparagraph (V), by adding ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(W) counseling for cessation of tobacco use (as defined in section 1861(ww));''. (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is further amended by adding at the end the following new subsection: ``Counseling for Cessation of Tobacco Use ``(ww)(1) Subject to paragraph (2), the term `counseling for cessation of tobacco use' means diagnostic, therapy, and counseling services for cessation of tobacco use, for individuals who use tobacco products or are being treated for tobacco use, furnished-- ``(A) by or under the supervision of a physician; or ``(B) by any other health care professional who-- ``(i) is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and ``(ii) is authorized to receive payment for other services under this title or is designated by the Secretary for this purpose. ``(2) Such term is limited to-- ``(A) services that are included in the most current clinical practice guidelines on treating tobacco use and dependence issued by the Public Health Service; and ``(B) such other services that the Secretary recognizes to be effective.''. (c) Payment and Elimination of Cost-Sharing.-- (1) Elimination of coinsurance.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(U)''; and (B) by inserting before the semicolon at the end the following: ``, and (V) with respect to counseling for cessation of tobacco use (as defined in section 1861(ww)), the amount paid shall be 100 percent of the lesser of the actual charge for the service or the amount determined by a fee schedule established by the Secretary for purposes of this clause''. (2) Elimination of deductible.--The first sentence of section 1833(b) of such Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``and'' before ``(6)''; and (B) by inserting before the period the following: ``, and (7) such deductible shall not apply with respect to counseling for cessation of tobacco use (as defined in section 1861(ww))''. (3) Elimination of coinsurance in outpatient hospital settings.--The third sentence of section 1866(a)(2)(A) of such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by inserting after ``1861(s)(10)(A)'' the following: ``, with respect to counseling for cessation of tobacco use (as defined in section 1861(ww)),''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1 of the first calendar year that begins at least 6 months after the date of the enactment of this Act. SEC. 3. COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM. (a) Dropping Exception From Medicaid Prescription Drug Coverage for Tobacco Use Cessation Medications.--Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended-- (1) by striking subparagraph (E); (2) by redesignating subparagraph (F) through (J) as subparagraphs (E) through (I), respectively; and (3) in subparagraph (F), as so redesignated, by inserting before the period at the end the following: ``except agents approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco use cessation''. (b) Requiring Coverage of Tobacco Use Cessation Counseling for Pregnant Women.--Section 1905(a)(4) of such Act (42 U.S.C. 1396d(a)(4)) is amended-- (1) by striking ``and'' before ``(C)''; and (2) by adding at the end the following: ``and (D) counseling for cessation of tobacco use (as defined in section 1861(ww)) for pregnant women;''. (c) Removal of Cost-Sharing for Tobacco Use Cessation Counseling Services for Pregnant Women.--Section 1916 of such Act (42 U.S.C. 1396o) is amended, in each of subsections (a)(2)(B) and (b)(2)(B), by striking ``(B)'' and inserting ``(B)(i) counseling for cessation of tobacco use (as defined in section 1861(ww)) furnished to pregnant women and (ii) other''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1 of the first calendar year that begins at least 6 months after the date of the enactment of this Act. SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD HEALTH PROGRAM. (a) Quality Maternal and Child Health Services Includes Tobacco Use Cessation Counseling and Medications.--Section 501 of the Social Security Act (42 U.S.C. 701) is amended by adding at the end the following new subsection: ``(c) For purposes of this title, counseling for cessation of tobacco use (as defined in section 1861(ww)), drugs and biologicals used to promote tobacco use cessation, and the inclusion of antitobacco messages in health promotion counseling shall be considered to be part of quality maternal and child health services.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

Medicare, Medicaid, and MCH Tobacco Use Cessation Promotion Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide coverage of counseling for cessation of tobacco use.Amends SSA title XIX (Medicaid) to: (1) provide for coverage of tobacco use cessation medications; and (2) require coverage of tobacco use cessation counseling for pregnant women.Amends SSA title V (Maternal and Child Health Services) to make part of quality maternal and child health services counseling for cessation of tobacco use, drugs and biologicals used to promote tobacco use cessation, and the inclusion of antitobacco messages in health promotion counseling.

To amend titles V, XVIII, and XIX of the Social Security Act to promote tobacco use cessation under the Medicare Program, the Medicaid Program, and the maternal and child health program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Investment Tax Relief Act of 2001''. SEC. 2. EXCLUSION FOR GAIN FROM STOCK OF SMALL, PUBLICLY TRADED COMPANIES. (a) In General.--Part 1 of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by inserting after section 1202 the following new section: ``SEC. 1203. EXCLUSION FOR GAIN FROM STOCK OF SMALL, PUBLICLY TRADED COMPANIES. ``(a) General Rule.--In the case of a taxpayer other than a corporation, gross income shall not include any gain from the sale or exchange of section 1203 stock held for more than 1 year. ``(b) Limitation.--The amount excluded under subsection (a) for a taxable year may not exceed $100,000 ($50,000 in the case of a separate return by a married individual). ``(c) 1203 Stock.--For purposes of subsection (a), the term `1203 stock' means any stock-- ``(1) in a C corporation which is acquired after the date of the enactment of this section if-- ``(A) as of the date of acquisition, such corporation is a qualified small business, and ``(B) except as provided in subsection (e), such stock is acquired-- ``(i) in exchange for money or other property, or ``(ii) as compensation for services provided to such corporation (other than services performed as an underwriter of such stock), and ``(2) which, at the time of sale or exchange giving rise to gain to be excluded under subsection (a), is publicly traded on any established domestic national or regional stock exchange or stock market, the Over the Counter Bulletin Board, or the National Quotation Bureau. For purposes of the preceding sentence, rules similar to the rules of section 1202(c)(3) shall apply. ``(d) Qualified Small Business.--For purposes of this section-- ``(1) In general.--The term `qualified small business' means any domestic corporation which is a C corporation if the market capitalization of such corporation (or any predecessor thereof), determined with respect to the date of acquisition of stock, is not more than $150,000,000. ``(2) Determination of market capitalization.--For purposes of paragraph (1), market capitalization, with respect to the date of acquisition of stock, shall be-- ``(A) the amount equal to-- ``(i) the closing price of a share of stock in the corporation as of the end of the reporting period ending immediately before such date of acquisition, multiplied by ``(ii) the number of outstanding shares of such stock in the corporation as of the end of such period, or ``(B) in the case that subparagraph (A) does not apply, determined (by taking into account all facts and circumstances) on the basis of the most recent amounts paid for each class of stock in the corporation outstanding on the date of the acquisition of the 1203 stock. ``(3) Reporting period.--For purposes of paragraph (2), the term `reporting period' means the period for which the most recent annual or quarterly report is required to be filed with the Securities and Exchange Commission under section 13(a)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)(2), 78o(d)) or periodic information required under section 15(d) of such Act (15 U.S.C. 78o(d)), as the case may be. ``(4) Aggregation rules.--For purposes of paragraph (1), rules similar to the rules of section 1202(d)(3) shall apply. ``(e) Additional Rules.-- ``(1) In general.--For purposes of this section, rules similar to the rules of subsections (f), (g), (h), (i), (j), and (k) of section 1202 shall apply, except that subsection (j)(1)(A) of section 1202 shall be applied by substituting `1 year' for `5 years'. ``(2) Qualified small business stock.--Sales and exchanges taken into account under section 1202 shall not be taken into account under this section.''. (b) Conforming Amendments.-- (1) The first sentence of section 642(c)(4) of such Code is amended-- (A) by inserting ``or 1203(a)'' after ``1202(a)'', and (B) by inserting ``or 1203, as the case may be'' before the period at the end. (2) Section 643(a)(3) of such Code is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (3) Section 691(c)(4) of such Code is amended by inserting ``1203,'' after ``1202,''. (4) Section 871(a)(2) of such Code is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (5) The second sentence of section 1044(d) of such Code is amended by inserting ``or 1203'' before the period at the end. (6) Section 1202(b) of such Code is amended by inserting at the end the following new subsection: ``(4) Section 1203 stock.--Sales and exchanges taken into account under section 1203 shall not be taken into account under this section.''. (c) Clerical Amendment.--The table of sections for part 1 of subchapter P of chapter 1 of such Code is amended by inserting after the item relating to section 1202 the following new item: ``Sec. 1203. Exclusion for gain from stock of small, publicly traded companies.''. (d) Effective Date.--The amendments made by this section shall apply to securities acquired after the date of the enactment of this Act.

Small Investment Tax Relief Act of 2001- Amends the Internal Revenue Code, in the case of a taxpayer other than a corporation, to provide a limited exclusion from gross income for gain from the sale or exchange of certain qualified small business stock held for more than one year.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Working Families Child Care Act of 1997''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Assistance for low-income working families. Sec. 4. Grants for child care supply shortages. Sec. 5. Report on access to child care by low-income working families. Sec. 6. Effective date. SEC. 2. FINDINGS. Congress makes the following findings: (1) Availability and affordability of quality child care is a major obstacle for working parents who struggle to remain self-sufficient. (A) Compared to all other income groups, the working poor are the least likely to receive assistance with their child care costs. (B) Low-income families spend 24 percent of their household income on child care, whereas middle-income families spend 6 percent of their household income on child care. (C) 38 States have waiting lists for child care for the working poor. Among those States, Georgia has 41,000 individuals on its waiting list, Texas has 36,000 individuals on its waiting list, and Illinois and Alabama each have 20,000 individuals on their waiting lists. (D) One survey of low-income families on a waiting list for subsidized child care found that of those families paying for child care out of their own funds, 71 percent faced serious debt or bankruptcy. (E) Half of the States and the District of Columbia, even before the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105) during the 104th Congress, increased the proportion of child care slots or dollars going to families on welfare, rather than to working poor families. (2) The Congressional Budget Office estimates that there will be $1,400,000,000 less expenditures of child care funds for working poor families as a result of the States implementing the work requirements imposed under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105). (3) Important types of child care are not available in certain States including infant care, school-age care, care for children with disabilities and special health care needs, and child care for parents with unconventional or shifting work hours. (A) A 1995 State study by the Comptroller General of the United States found a shortage of child care for infants and children with special needs in inner cities, and a shortage of all types of child care in rural areas. (B) Only one-third of the schools in low-income neighborhoods offer school-age child care, compared with 52 percent of schools in more affluent areas offering such care. (C) Eighth-graders who are left home alone for 11 or more hours a week report significantly greater use of cigarettes, alcohol, and marijuana than eighth- graders who are not left home alone. (D) Existing child care arrangements do not accommodate the work schedules of many working women. According to a 1995 statistic published by the Department of Labor, 14,300,000 workers, nearly 1 in 5 full-time workers work nonstandard hours, and more than 1 in 3 of those workers are women. (E) Only 10 percent of child care centers and 6 percent of family day care providers offer child care on weekends. Yet one-third of working mothers with annual incomes below the poverty level and one-quarter of mothers with annual incomes above the poverty level but below $25,000 work on weekends. (F) Less than 30 percent of Head Start programs operate on a full-time, full-year basis. SEC. 3. ASSISTANCE FOR LOW-INCOME WORKING FAMILIES. Section 658B of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows: ``SEC. 658B. FUNDING OF GRANTS. ``(a) Authorization of Appropriations.--Except as provided in subsection (b), there is authorized to be appropriated to carry out this subchapter $2,000,000,000 for each of fiscal years 1997 through 2002. ``(b) Appropriation.--The Secretary shall pay, from funds in the Treasury not otherwise appropriated, $1,400,000,000 for fiscal years 1997 through 2002, through the awarding of grants to States under this subchapter for the purpose of providing child care services for families who have left the State program of assistance under part A of title IV of the Social Security Act because of employment, families that are at risk of becoming dependent on such assistance program, and low-income working families described in section 658E(c)(3)(D). Funds shall be paid under this subsection to the States in the same manner, and subject to the same requirements and limitations, as funds are paid to the States under section 418 of the Social Security Act (42 U.S.C. 618).''. SEC. 4. GRANTS FOR CHILD CARE SUPPLY SHORTAGES. (a) Grants for Child Care Supply Shortages.--Section 658E(c)(3) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is amended by adding at the end the following: ``(E) Child care supply shortages.-- ``(i) In general.--A State shall ensure that 100 percent of amounts paid to the State out of funds appropriated under section 658B(a)(2) with respect to each of the fiscal years 1997 through 2002 shall be used to carry out child care activities described in clause (ii) in geographic areas within the State that have a shortage, as determined by the State, in consultation with localities, of child care services. ``(ii) Child care activities described.-- The child care activities described in this clause include the following: ``(I) Infant care programs. ``(II) Before- and after-school child care programs. ``(III) Resource and referral programs. ``(IV) Nontraditional work hours child care programs. ``(V) Extending the hours of pre- kindergarten programs to provide full- day services. ``(VI) Any other child care programs that the Secretary determines are appropriate.''. (b) Authorization of Appropriations.--Section 658B(a) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858(a)), as amended by section 2, is amended-- (1) by striking ``Except as provided in'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2) and''; and (2) by adding at the end the following: ``(2) Child care supply shortages.--There is authorized to be appropriated to carry out section 658E(c)(3)(E), $500,000,000 for each of fiscal years 1997 through 2002.''. (c) Conforming Amendment.--Section 658(c)(3)(A) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)(A)) is amended by striking ``(D)'' and inserting ``(E)''. SEC. 5. REPORT ON ACCESS TO CHILD CARE BY LOW-INCOME WORKING FAMILIES. (a) State Reporting Requirement.--Section 658K(a)(2) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; and (2) by inserting after subparagraph (E), the following: ``(F) the total number of families described in section 658B(b) that were eligible for but did not receive assistance under this subchapter or under section 418 of the Social Security Act and a description of the obstacles to providing such assistance; and ``(G) the total number of families described in section 658B(b) that received assistance provided under this subchapter or under section 418 of the Social Security Act and a description of the manner in which that assistance was provided;''. (b) Secretarial Reporting Requirement.--Section 658L of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended by inserting ``, with particular emphasis on access of low-income working families,'' after ``public''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act take effect as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105).

Working Families Child Care Act of 1997 - Amends the Child Care Development Block Grant Act of 1990 to extend its authorization of appropriations through FY 2002. Directs the Secretary of Health and Human Services, from (additional) Treasury funds not otherwise appropriated, to award grants to States to provide child care services for: (1) families who have left the State program of assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act because of employment; (2) families that are at risk of becoming dependent on such assistance program; and (3) low-income working families meeting specified criteria. Authorizes appropriations for grants to States for child care activities in areas of the State that have child care supply shortages. Includes among such child care activities programs for: (1) infant care; (2) before- and after-school; (3) resources and referrals; (4) nontraditional work hours; (5) extending the hours of pre-kindergarten programs to provide full-day services; and (6) any other program the Secretary deems appropriate. Requires State reports to include information on access to child care by low-income working families. Requires reports of the Secretary to place particular emphasis on such access. (Sec. 6) Makes this Act effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193).

Working Families Child Care Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Children's Safety Act''. SEC. 2. CRIMINAL RECORDS CHECKS. Section 408 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3207) is amended by adding at the end the following: ``(d) By Tribal Social Services Agency for Foster Care Placements in Tribal Court Proceedings.-- ``(1) Definitions.--In this subsection: ``(A) Covered individual.--The term `covered individual' includes-- ``(i) any individual 18 years of age or older; and ``(ii) any individual who an Indian tribe described in paragraph (2)(A) determines is subject to a criminal records checks under that paragraph. ``(B) Foster care placement.--The term `foster care placement' means any action removing an Indian child from a parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator if-- ``(i) the parent or Indian custodian cannot have the child returned on demand; and ``(ii) parental rights have not been terminated. ``(C) Indian custodian.--The term `Indian custodian' means any Indian-- ``(i) who has legal custody of an Indian child under tribal law or custom or under State law; or ``(ii) to whom temporary physical care, custody, and control has been transferred by the parent of the child. ``(D) Parent.--The term `parent' means-- ``(i) any biological parent of an Indian child; or ``(ii) any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom. ``(E) Tribal court.--The term `tribal court' means a court-- ``(i) with jurisdiction over foster care placements; and ``(ii) that is-- ``(I) a Court of Indian Offenses; ``(II) a court established and operated under the code or custom of an Indian tribe; or ``(III) any other administrative body of a tribe that is vested with authority over foster care placements. ``(F) Tribal social services agency.--The term `tribal social services agency' means the agency of the Federal Government or of an Indian tribe described in paragraph (2)(A) that has the primary responsibility for carrying out foster care services or approval (as of the date on which the proceeding described in paragraph (2)(A) commences) of the Indian tribe. ``(2) Criminal records checks before placement.-- ``(A) In general.--Except as provided in paragraph (3), no foster care placement shall be finally approved until the tribal social services agency-- ``(i) completes a criminal records check of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made; and ``(ii) concludes that each covered individual described in clause (i) meets such standards as the Indian tribe shall establish in accordance with subparagraph (B). ``(B) Standards of placement.--The standards described in subparagraph (A)(ii) shall include-- ``(i) requirements that each tribal social services agency described in subparagraph (A)-- ``(I) perform criminal records checks, including fingerprint-based checks of national crime information databases (as defined in section 534(f)(3) of title 28, United States Code); and ``(II) check any child abuse and neglect registry maintained by the State, and tribal abuse registries if they exist, in which the covered individual resides for information on the covered individual, and request any other State in which the covered individual resided in the preceding 5 years, to enable the tribal social services agency to check any child abuse and neglect registry maintained by that State for such information; and ``(ii) any other additional requirement that the Indian tribe determines is necessary. ``(C) Results.--Except as provided in paragraph (3), no foster care placement shall be ordered in any proceeding described in subparagraph (A) if an investigation described in clause (i) of that subparagraph reveals that a covered individual described in that clause has been found by a Federal, State, or tribal court to have committed any crime listed in clause (i) or (ii) of section 471(a)(20)(A) of the Social Security Act (42 U.S.C. 671(a)(20)(A)). ``(D) Deadline.--Except as provided in paragraph (3), the tribal social services agency shall satisfy the requirements of clauses (i) and (ii) of subparagraph (A) before issuing a final foster care license. ``(3) Emergency placement.--Paragraph (2) shall not apply to an emergency foster care placement, as determined by Tribal Social Services Agency described in paragraph (2)(A). ``(4) Recertification of foster homes or institutions.-- ``(A) In general.--Not later than 2 years after the date of enactment of this subsection, each Indian tribe shall establish procedures to recertify homes or institutions in which foster care placements are made. ``(B) Contents.--The procedures described in subparagraph (A) shall include, at a minimum, periodic intervals at which the home or institution shall be subject to recertification to ensure-- ``(i) the safety of the home or institution for the Indian child; and ``(ii) that each covered individual who resides in the home or is employed at the institution is subject to a criminal records check in accordance with this subsection, including any covered individual who-- ``(I) resides in the home or is employed at the institution on the date on which the procedures established under subparagraph (A) commences; and ``(II) did not reside in the home or was not employed at the institution on the date on which the investigation described in paragraph (2)(A)(i) was completed. ``(C) Guidance issued by the secretary.--The procedures established under subparagraph (A) shall be subject to any regulation promulgated or guidance issued by the Secretary that is in accordance with the purpose of this subsection. ``(5) Guidance.--Not later than 1 year after the date of enactment of this subsection and after consultation with Indian tribes, the Secretary shall promulgate guidance regarding-- ``(A) procedures for a criminal records check of any covered individual who-- ``(i) resides in the home or is employed at the institution in which the foster care placement is made after the date on which the investigation described in paragraph (2)(A)(i) is completed; and ``(ii) was not the subject of an investigation described in paragraph (2)(A)(i) before the foster care placement was made; ``(B) self-reporting requirements for foster care homes or institutions in which any covered individual described in subparagraph (A) resides if the head of the household or the operator of the institution has knowledge that the covered individual-- ``(i) has been found by a Federal, State, or tribal court to have committed any crime listed in clause (i) or (ii) of section 471(a)(20)(A) of the Social Security Act (42 U.S.C. 671(a)(20)(A)); or ``(ii) is listed on a registry described in paragraph (2)(B)(i)(II); ``(C) procedures and guidelines for emergency foster care placements under paragraph (3); and ``(D) procedures for certifying compliance with this Act.''.

Native American Children's Safety Act - Amends the Indian Child Protection and Family Violence Prevention Act (Act) to prohibit the final approval of any foster care placement by a tribal social services agency until the agency: (1) completes a criminal records check of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the standards the tribe is required to establish. Defines a "covered individual" as an adult and any other individual the tribe determines is subject to a criminal records check. Requires the tribal social services agency, as part of those investigations, to: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any child abuse and neglect registry maintained by the state, and any tribal abuse registries maintained in the state, in which the individual resides; and (3) request any other state in which the individual resided during the preceding five years to allow the agency to check its registry. Prohibits a foster care placement from being ordered if the investigation reveals that the covered individual has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs. Excepts emergency foster care placements from such requirements. Requires each Indian tribe to establish procedures, within two years after this Act's enactment, to recertify homes or institutions in which foster care placements are made. Requires those procedures to include, at a minimum, periodic intervals at which the home or institution is subject to recertification to ensure: (1) the safety of the home or institution for the Indian child, and (2) that each covered individual who resides in the home or is employed at the institution is subject to a criminal records check in accordance with this Act's requirements. Directs the Secretary of the Interior to promulgate guidance, within one year after this Act's enactment, regarding: (1) procedures for a criminal records check of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail the criminal records check, (3) procedures and guidelines for emergency foster care placements, and (4) procedures for certifying compliance with the Act.

Native American Children's Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``White Clay Creek Wild and Scenic Rivers System Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Public Law 102-215 (105 Stat. 1664) directed the Secretary of the Interior, in cooperation and consultation with appropriate State and local governments and affected landowners, to conduct a study of the eligibility and suitability of White Clay Creek, Delaware and Pennsylvania, and the tributaries of the creek for inclusion in the National Wild and Scenic Rivers System; (2) as a part of the study described in paragraph (1), the White Clay Creek Wild and Scenic Study Task Force and the National Park Service prepared a watershed management plan for the study area entitled ``White Clay Creek and Its Tributaries Watershed Management Plan'', dated May 1998, that establishes goals and actions to ensure the long-term protection of the outstanding values of, and compatible management of land and water resources associated with, the watershed; and (3) after completion of the study described in paragraph (1), Chester County, Pennsylvania, New Castle County, Delaware, Newark, Delaware, and 12 Pennsylvania municipalities located within the watershed boundaries passed resolutions that-- (A) expressed support for the White Clay Creek Watershed Management Plan; (B) expressed agreement to take action to implement the goals of the Plan; and (C) endorsed the designation of the White Clay Creek and the tributaries of the creek for inclusion in the National Wild and Scenic Rivers System. SEC. 3. DESIGNATION OF WHITE CLAY CREEK. 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: ``(162) White Clay Creek, Delaware and Pennsylvania.--The 190 miles of river segments of White Clay Creek (including tributaries of White Clay Creek and all second order tributaries of the designated segments) in the States of Delaware and Pennsylvania, as depicted on the recommended designation and classification maps (dated June 2000), to be administered by the Secretary of the Interior, as follows: ``(A) 30.8 miles of the east branch, including Trout Run, beginning at the headwaters within West Marlborough township downstream to a point that is 500 feet north of the Borough of Avondale wastewater treatment facility, as a recreational river. ``(B) 15.0 miles of the east branch beginning at the southern boundary line of the Borough of Avondale to a point where the East Branch enters New Garden Township at the Franklin Township boundary line, including Walnut Run and Broad Run outside the boundaries of the White Clay Creek Preserve, as a recreational river. ``(C) 4.0 miles of the east branch that flow through the boundaries of the White Clay Creek Preserve, Pennsylvania, beginning at the northern boundary line of London Britain township and downstream to the confluence of the middle and east branches, as a scenic river. ``(D) 6.8 miles of the middle branch, beginning at the headwaters within Londonderry township downstream to a point that is 500 feet north of the Borough of West Grove wastewater treatment facility, as a recreational river. ``(E) 14 miles of the middle branch, beginning at a point that is 500 feet south of the Borough of West Grove wastewater treatment facility downstream to the boundary of the White Clay Creek Preserve in London Britain township, as a recreational river. ``(F) 2.1 miles of the middle branch that flow within the boundaries of the White Clay Creek Preserve in London Britain township, as a scenic river. ``(G) 17.2 miles of the west branch, beginning at the headwaters within Penn township downstream to the confluence with the middle branch, as a recreational river. ``(H) 12.7 miles of the main stem, excluding Lamborn Run, that flow through the boundaries of the White Clay Creek Preserve, Pennsylvania and Delaware, and White Clay Creek State Park, Delaware, beginning at the confluence of the east and middle branches in London Britain township, Pennsylvania, downstream to the northern boundary line of the city of Newark, Delaware, as a scenic river. ``(I) 5.4 miles of the main stem (including all second order tributaries outside the boundaries of the White Clay Creek Preserve and White Clay Creek State Park), beginning at the confluence of the east and middle branches in London Britain township, Pennsylvania, downstream to the northern boundary of the city of Newark, Delaware, as a recreational river. ``(J) 16.8 miles of the main stem beginning at Paper Mill Road downstream to the Old Route 4 bridge, as a recreational river. ``(K) 4.4 miles of the main stem beginning at the southern boundary of the property of the corporation known as United Water Delaware downstream to the confluence of White Clay Creek with the Christina River, as a recreational river. ``(L) 1.3 miles of Middle Run outside the boundaries of the Middle Run Natural Area, as a recreational river. ``(M) 5.2 miles of Middle Run that flow within the boundaries of the Middle Run Natural Area, as a scenic river. ``(N) 15.6 miles of Pike Creek, as a recreational river. ``(O) 38.7 miles of Mill Creek, as a recreational river.''. SEC. 4. BOUNDARIES. With respect to each of the segments of White Clay Creek and its tributaries designated by the amendment made by section 3, in lieu of the boundaries provided for in section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundaries of the segment shall be 250 feet as measured from the ordinary high water mark on both sides of the segment. SEC. 5. ADMINISTRATION. (a) By Secretary of the Interior.--The segments designated by the amendment made by section 3 shall be administered by the Secretary of the Interior (referred to in this Act as the ``Secretary''), in cooperation with the White Clay Creek Watershed Management Committee as provided for in the plan prepared by the White Clay Creek Wild and Scenic Study Task Force and the National Park Service, entitled ``White Clay Creek and Its Tributaries Watershed Management Plan'' and dated May 1998 (referred to in this Act as the ``Management Plan''). (b) Requirement for Comprehensive Management Plan.--The Management Plan shall be considered to satisfy the requirements for a comprehensive management plan under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (c) Cooperative Agreements.--In order to provide for the long-term protection, preservation, and enhancement of the segments designated by the amendment made by section 3, the Secretary shall offer to enter into a cooperative agreement pursuant to sections 10(c) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the White Clay Creek Watershed Management Committee as provided for in the Management Plan. SEC. 6. FEDERAL ROLE IN MANAGEMENT. (a) In General.--The Director of the National Park Service (or a designee) shall represent the Secretary in the implementation of the Management Plan, this Act, and the Wild and Scenic Rivers Act with respect to each of the segments designated by the amendment made by section 3, including the review, required under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)), of proposed federally- assisted water resources projects that could have a direct and adverse effect on the values for which the segment is designated. (b) Assistance.--To assist in the implementation of the Management Plan, this Act, and the Wild and Scenic Rivers Act with respect to each of the segments designated by the amendment made by section 3, the Secretary may provide technical assistance, staff support, and funding at a cost to the Federal Government in an amount, in the aggregate, of not to exceed $150,000 for each fiscal year. (c) Cooperative Agreements.--Any cooperative agreement entered into under section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)) relating to any of the segments designated by the amendment made by section 3-- (1) shall be consistent with the Management Plan; and (2) may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the segments. (d) National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion of a segment designated by the amendment made by section 3 that is not in the National Park System as of the date of the enactment of this Act shall not, under this Act-- (1) be considered a part of the National Park System; (2) be managed by the National Park Service; or (3) be subject to laws (including regulations) that govern the National Park System. SEC. 7. STATE REQUIREMENTS. State and local zoning laws and ordinances, as in effect on the date of the enactment of this Act, shall be considered to satisfy the standards and requirements under section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) with respect to the segment designated by the amendment made by section 3. SEC. 8. NO LAND ACQUISITION. The Federal Government shall not acquire, by any means, any right or title in or to land, any easement, or any other interest along the segments designated by the amendment made by section 3 for the purpose of carrying out the amendment or this Act.

Requires the segments to be administered by the Secretary of the Interior, in cooperation with the White Clay Creek Watershed Management Committee pursuant to the plan prepared by the White Clay Creek Wild and Scenic Study Task Force and the National Park Service. Prohibits any portion of a segment designated by this Act that is not in the National Park System (NPS) as of the enactment of this Act from being: (1) considered a part of the NPS; (2) managed by the National Park Service; or (3) subject to NPS laws or regulations. Declares that State and local zoning laws and ordinances in effect on the date of enactment of this Act shall be considered to satisfy specified standards and requirements of the Wild and Scenic Rivers Act. Bars the Federal Government from acquiring, by any means, any right or title in or to land, any easement, or any other interest for the purposes of carrying out this Act.

White Clay Creek Wild and Scenic Rivers System Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber-Security Enhancement and Consumer Data Protection Act of 2007''. SEC. 2. PERSONAL ELECTRONIC RECORDS. Section 1030(a)(2) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (B); and (2) by adding at the end the following: ``(D) a means of identification (as defined in section 1028(d)) from a protected computer; or ``(E) the capability to gain access to or remotely control a protected computer.''. SEC. 3. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL PENALTIES. (a) Broadening of Scope.--Section 1030(e)(2)(B) of title 18, United States Code, is amended by inserting ``or affecting'' after ``which is used in''. (b) Elimination of Requirement of an Interstate or Foreign Communication for Certain Offenses Involving Protected Computers.-- Section 1030(a)(2)(C) of title 18, United States Code, is amended by striking ``if the conduct involved an interstate or foreign communication''. SEC. 4. RICO PREDICATES. Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 1030 (relating to fraud and related activity in connection with computers),'' before ``section 1084''. SEC. 5. CYBER-EXTORTION. Section 1030(a)(7) of title 18, United States Code, is amended by inserting ``, or to access without authorization or exceed authorized access to a protected computer'' after ``cause damage to a protected computer''. SEC. 6. CONSPIRACY TO COMMIT CYBER-CRIMES. Section 1030(b) of title 18, United States Code, is amended by inserting ``or conspires'' after ``attempts''. SEC. 7. NOTICE TO LAW ENFORCEMENT. (a) Criminal Penalty for Failure To Notify Law Enforcement.-- Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1039. Concealment of security breaches involving personal information ``(a) Offense.--Whoever owns or possesses data in electronic form containing a means of identification (as defined in section 1028), having knowledge of a major security breach of the system containing such data maintained by such person, and knowingly fails to provide notice of such breach to the United States Secret Service or Federal Bureau of Investigation, with the intent to prevent, obstruct, or impede a lawful investigation of such breach, shall be fined under this title, imprisoned not more than 5 years, or both. ``(b) Definitions.--As used in this section-- ``(1) Major security breach.--The term `major security breach' means any security breach-- ``(A) whereby means of identification pertaining to 10,000 or more individuals is, or is reasonably believed to have been acquired, and such acquisition causes a significant risk of identity theft; ``(B) involving databases owned by the Federal Government; or ``(C) involving primarily data in electronic form containing means of identification of Federal Government employees or contractors involved in national security matters or law enforcement. ``(2) Significant risk of identity theft.-- ``(A) In general.--The term `significant risk of identity theft' means such risk that a reasonable person would conclude, after a reasonable opportunity to investigate, that it is more probable than not that identity theft has occurred or will occur as a result of the breach. ``(B) Presumption.--If the data in electronic form containing a means of identification involved in a suspected breach has been encrypted, redacted, requires technology to use or access the data that is not commercially available, or has otherwise been rendered unusable, then there shall be a presumption that the breach has not caused a significant risk of identity theft. Such presumption may be rebutted by facts demonstrating that the encryption code has been or is reasonably likely to be compromised, that the entity that acquired the data is believed to possess the technology to access it, or the owner or possessor of the data is or reasonably should be aware of an unusual pattern of misuse of the data that indicates fraud or identity theft.''. (b) Rulemaking.--Within 180 days after the date of enactment of this Act, the Attorney General and Secretary of Homeland Security shall jointly promulgate rules and regulations, after adequate notice and an opportunity for comment, as are reasonably necessary, governing the form, content, and timing of the notices required pursuant to section 1039 of title 18, United States Code. Such rules and regulations shall not require the deployment or use of specific products or technologies, including any specific computer hardware or software, to protect against a security breach. Such rules and regulations shall require that-- (1) such notice be provided to the United States Secret Service or Federal Bureau of Investigation before any notice of a breach is made to consumers under State or Federal law, and within 14 days of discovery of the breach; (2) if the United States Secret Service or Federal Bureau of Investigation determines that any notice required to be made to consumers under State or Federal law would impede or compromise a criminal investigation or national security, the United States Secret Service or Federal Bureau of Investigation shall direct in writing within 7 days that such notice shall be delayed for 30 days, or until the United States Secret Service or Federal Bureau of Investigation determines that such notice will not impede or compromise a criminal investigation or national security; (3) the United States Secret Service shall notify the Federal Bureau of Investigation, if the United States Secret Service determines that such breach may involve espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or Restricted Data (as that term is defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y))), except for offenses affecting the duties of the United States Secret Service under section 3056(a) of title 18, United States Code; and (4) the United States Secret Service or Federal Bureau of Investigation notify the Attorney General in each State affected by the breach, if the United States Secret Service or Federal Bureau of Investigation declines to pursue a criminal investigation, or as deemed necessary and appropriate. (c) Immunity From Lawsuit.--No cause of action shall lie in any court against any law enforcement entity or any person who notifies law enforcement of a security breach pursuant to this section for any penalty, prohibition, or damages relating to the delay of notification for law enforcement purposes under this Act. (d) Civil Penalty for Failure To Notify.--Whoever knowingly fails to give a notice required under section 1039 of title 18, United States Code, shall be subject to a civil penalty of not more than $50,000 for each day of such failure, but not more than $1,000,000. (e) Relation to State Laws.-- (1) In general.--The requirement to notify law enforcement under this section shall supersede any other notice to law enforcement required under State law. (2) Exception for state consumer notice laws.--The notice required to law enforcement under this section shall be in addition to any notice to consumers required under State or Federal law following the discovery of a security breach. Nothing in this section annuls, alters, affects or exempts any person from complying with the laws of any State with respect to notice to consumers of a security breach, except as provided by subsections (b) and (c). (f) Duty of Federal Agencies and Departments.--An agency or department of the Federal Government which would be required to give notice of a major security breach under section 1039 of title 18, United States Code, if that agency or department were a person, shall notify the United States Secret Service or Federal Bureau of Investigation of the breach in the same time and manner as a person subject to that section. The rulemaking authority under subsection (b) shall include the authority to make rules for notice under this subsection of a major security breach. (g) Clerical Amendment.--The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by adding at the end the following new item: ``1039. Concealment of security breaches involving personal information.''. SEC. 8. PENALTIES FOR SECTION 1030 VIOLATIONS. Subsection (c) of section 1030 of title 18, United States Code, is amended to read as follows: ``(c)(1) The punishment for an offense under subsection (a) or (b) is a fine under this title or imprisonment for not more than 30 years, or both. ``(2) The court, in imposing sentence for an offense under subsection (a) or (b), shall, in addition to any other sentence imposed and irrespective of any provision of State law, order that the person forfeit to the United States-- ``(A) the person's interest in any personal property that was used or intended to be used to commit or to facilitate the commission of such violation; and ``(B) any property, real or personal, constituting or derived from, any proceeds the person obtained, directly or indirectly, as a result of such violation.''. SEC. 9. DIRECTIVE TO SENTENCING COMMISSION. (a) Directive.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall forthwith review its guidelines and policy statements applicable to persons convicted of offenses under sections 1028, 1028A, 1030, 1030A, 2511 and 2701 of title 18, United States Code and any other relevant provisions of law, in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by such guidelines and policy statements. (b) Requirements.--In determining its guidelines and policy statements on the appropriate sentence for the crimes enumerated in paragraph (a), the Commission shall consider the extent to which the guidelines and policy statements may or may not account for the following factors in order to create an effective deterrent to computer crime and the theft or misuse of personally identifiable data-- (1) the level of sophistication and planning involved in such offense; (2) whether such offense was committed for purpose of commercial advantage or private financial benefit; (3) the potential and actual loss resulting from the offense; (4) whether the defendant acted with intent to cause either physical or property harm in committing the offense; (5) the extent to which the offense violated the privacy rights of individuals; (6) the effect of the offense upon the operations of a government agency of the United States, or of a State or local government; (7) whether the offense involved a computer used by the government in furtherance of national defense, national security or the administration of justice; (8) whether the offense was intended to, or had the effect of significantly interfering with or disrupting a critical infrastructure; (9) whether the offense was intended to, or had the effect of creating a threat to public health or safety, injury to any person, or death; and (10) whether the defendant purposefully involved a juvenile in the commission of the offense to avoid punishment. (c) Additional Requirements.--In carrying out this section, the Commission shall-- (1) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (2) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (3) make any conforming changes to the sentencing guidelines; and (4) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. SEC. 10. DAMAGE TO PROTECTED COMPUTERS. (a) Section 1030(a)(5)(B) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (iv); (2) by inserting ``or'' at the end of clause (v); and (3) by adding at the end the following: ``(vi) damage affecting ten or more protected computers during any 1-year period.''. (b) Section 1030(g) of title 18, United States Code, is amended by striking ``or'' after ``(iv),'' and inserting ``, or (vi)'' after ``(v)''. (c) Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking ``(v) (relating to protection of computers)'' and inserting ``(vi) (relating to the protection of computers)''. SEC. 11. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE CRIMINAL ACTIVITY INVOLVING COMPUTERS. (a) Additional Funding for Resources.-- (1) Authorization.--In addition to amounts otherwise authorized for resources to investigate and prosecute criminal activity involving computers, there are authorized to be appropriated for each of the fiscal years 2007 through 2011-- (A) $10,000,000 to the Director of the United States Secret Service; (B) $10,000,000 to the Attorney General for the Criminal Division of the Department of Justice; and (C) $10,000,000 to the Director of the Federal Bureau of Investigation. (2) Availability.--Any amounts appropriated under paragraph (1) shall remain available until expended. (b) Use of Additional Funding.--Funds made available under subsection (a) shall be used by the Director of the United States Secret Service, the Director of the Federal Bureau of Investigation, and the Attorney General, for the United States Secret Service, the Federal Bureau of Investigation, and the criminal division of the Department of Justice, respectively, to-- (1) hire and train law enforcement officers to-- (A) investigate crimes committed through the use of computers and other information technology, including through the use of the Internet; and (B) assist in the prosecution of such crimes; and (2) procure advanced tools of forensic science to investigate, prosecute, and study such crimes.

Cyber-Security Enhancement and Consumer Data Protection Act of 2007 - Amends the federal criminal code to: (1) prohibit accessing or remotely controlling a protected computer to obtain identification information; (2) revise the definition of "protected computer" to include computers affecting interstate or foreign commerce or communication; (3) expand the definition of racketeering to include computer fraud; (4) redefine the crime of computer-related extortion to include threats to access without authorization (or to exceed authorized access of) a protected computer; (5) impose criminal penalties for conspiracy to commit computer fraud; (6) impose a fine and/or five year prison term for failure to notify the U.S. Secret Service or Federal Bureau of Investigation (FBI) of a major security breach (involving a significant risk of identity theft) in a computer system, with the intent to thwart an investigation of such breach; (7) increase to 30 years the maximum term of imprisonment for computer fraud and require forfeiture of property used to commit computer fraud; and (8) impose criminal penalties for damaging 10 or more protected computers during any one-year period. Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to reflect congressional intent to increase criminal penalties for computer fraud. Authorizes additional appropriations in FY2007-FY2011 to the U.S. Secret Service, the Department of Justice, and the FBI to investigate and prosecute criminal activity involving computers.

To amend title 18, United States Code, to better assure cyber-security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Foods for Healthy Living Act''. SEC. 2. DEPARTMENT OF AGRICULTURE GRANTS TO PROMOTE GREATER CONSUMPTION OF FRESH FRUITS, FRESH VEGETABLES, AND OTHER HEALTHY FOODS IN LOW-INCOME COMMUNITIES. (a) Grants Authorized.--The Secretary of Agriculture may make grants for the purposes specified in subsection (b) to any of the following: (1) A community-based organization that operates in a low- income community and carries out one or both of the activities described in subsection (b), as determined by the Secretary. (2) A local redevelopment agency that is chartered, established, or otherwise sanctioned by a State or local government. (b) Use of Grant Amounts.--The recipient of a grant under this section shall use the grant amounts for one or both of the following activities: (1) To assist in purchasing appropriate equipment or in hiring and training personnel to expand the inventory of fresh fruits and vegetables or other healthy food alternatives, as defined by the Department of Agriculture, such as healthier dairy and non-dairy alternatives to whole milk, 100 percent pure fruit juices, and products with 0 grams of transfat, available for residents of a low-income community. (2) To carry out consumer education and outreach activities to encourage the purchase of products described in paragraph (1), such as by informing residents of a low-income community about the health risks associated with high-calorie, low- exercise lifestyles and the benefits of healthy living. (c) Maximum Grant.--A grant under this section may not exceed $100,000. (d) Community-Based Organization Defined.--In this section, the term ``community-based organization'' includes schools, day-care centers, senior centers, community health centers, food banks, or emergency feeding organizations. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for fiscal year 2012. SEC. 3. COVERAGE OF ADDITIONAL PRIMARY CARE AND PREVENTIVE SERVICES UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Medicare Program.-- (1) In general.--Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)) is amended-- (A) by adding at the end of paragraph (1) the following: ``Such term also includes the primary care and preventive services described in paragraph (4).''; and (B) by adding at the end the following new paragraph: ``(4) The primary care and preventive services described in this paragraph are the following, insofar as they are not otherwise covered under this title, when provided by qualified providers: ``(A) Services for the prevention and treatment of obesity and obesity-related disease. ``(B) Supervised exercise sessions. ``(C) Exercise stress testing for the purpose of exercise prescriptions. ``(D) Lifestyle health improvement education. ``(E) Culinary arts education for the purpose of promoting proper nutrition.''. (2) Conforming amendments.--(A) Section 1862(a)(1) of such Act (42 U.S.C. 1395y(a)(1)) is amended-- (i) by striking ``and'' at the end of subparagraph (O); (ii) by adding ``and'' at the end of subparagraph (P); and (iii) by adding at the end the following new subparagraph: ``(Q) in the case of additional primary care and preventive services described in section 1861(ddd)(4), which are performed more frequently than the Secretary may specify;''. (B) The first sentence of section 1833(b)(1) of such Act (42 U.S.C. 1395l(b)(1)) is amended by striking ``for preventive services'' and all that follows through ``for the individual'' and inserting ``for additional preventive services (as defined in section 1861(ddd))''. (b) Medicaid Program.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (28); (2) by redesignating paragraph (29) as paragraph (30); and (3) by inserting after paragraph (28) the following new paragraph: ``(29) additional preventive services (as defined in section 1861(ddd)(1)) which are not otherwise covered under this subsection; and''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first calendar quarter beginning after the date of the enactment of this Act, regardless of whether regulations to implement the amendments are in effect as of such date.

Healthy Foods for Healthy Living Act - Authorizes the Secretary of Agriculture (USDA) to make grants to community-based organizations and local redevelopment agencies operating in low-income communities to: (1) assist in purchasing appropriate equipment or in hiring and training personnel to expand the inventory of fresh fruits and vegetables or other healthy food alternatives available for residents of a low-income community, and (2) carry out related consumer education and outreach activities. Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to cover additional primary and preventive services relating to obesity treatment and prevention, supervised exercise sessions, stress testing, lifestyle modification education, and culinary arts education to promote proper nutrition.

To authorize the Secretary of Agriculture to make grants to community-based organizations and local redevelopment agencies operating in low-income communities to promote increased access to and consumption of fresh fruits, fresh vegetables, and other healthy foods among residents of such communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Protection Act of 2001''. SEC. 2. RESTRICTIONS ON THE USE OF THE SOCIAL SECURITY ACCOUNT NUMBER. (a) Repeal of Provisions Authorizing Certain Usages of the Social Security Account Number.--Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended-- (1) in subparagraph (C), by striking ``(C)(i) It is the policy'' and all that follows through clause (vi); (2) by striking subparagraphs (C)(ix), (E), and (H); and (3) by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively. (b) New Rules Applicable to Social Security Account Numbers.-- Section 205(c)(2) of such Act is amended further-- (1) by inserting after subparagraph (B) the following: ``(C)(i) All social security account numbers issued under this subsection shall be randomly generated. ``(ii) Except as otherwise provided in this paragraph-- ``(I) the social security account number issued under this subsection to any individual shall be the exclusive property of such individual, and ``(II) the Social Security Administration shall not divulge the social security account number issued to any individual under this subsection to any agency or instrumentality of the Federal Government, to any State, political subdivision of a State, or agency or instrumentality of a State or political subdivision thereof, or to any other individual. ``(iii) Clause (ii) shall not apply with respect to the use of the social security account number as an identifying number to the extent provided in section 6109(d) of the Internal Revenue Code of 1986 (relating to use of the social security account number for social security and related purposes).''; and (2) by redesignating clauses (vii) and (viii) of subparagraph (C) as clauses (iv) and (v), respectively. (c) Use of Social Security Account Numbers Under Internal Revenue Code.--Subsection (d) of section 6109 of the Internal Revenue Code of 1986 is amended-- (1) in the heading, by inserting ``for Social Security and Related Purposes'' after ``Number''; and (2) by striking ``this title'' and inserting ``section 86, chapter 2, and subtitle C of this title''. (d) Effective Dates and Related Rules.-- (1) Effective dates.--Not later than 60 days after the date of the enactment of this Act, the Commissioner of Social Security shall publish in the Federal Register the date determined by the Commissioner, in consultation with the Secretary of the Treasury, to be the earliest date thereafter by which implementation of the amendments made by this section is practicable. The amendments made by subsection (a) shall take effect on the earlier of such date or the date which occurs 5 years after the date of the enactment of this Act. The amendments made by subsection (b) shall apply with respect to social security account numbers issued on or after such earlier date. The amendments made by subsection (c) shall apply with respect to calendar quarters and taxable years beginning on or after such earlier date. (2) Reissuance of numbers.--The Commissioner of Social Security shall ensure that, not later than 5 years after the date of the enactment of this Act, all individuals who have been issued social security account numbers under section 205(c) of the Social Security Act as of the date prior to the earlier date specified in paragraph (1) are issued new social security account numbers in accordance with such section as amended by this section. Upon issuance of such new social security account numbers, any social security account numbers issued to such individuals prior to such earlier date specified in paragraph (1) shall be null and void and subject to the requirements of section 205(c)(2)(C)(ii)(II) of such Act, as amended by this section. Nothing in this section or the amendments made thereby shall be construed to preclude the Social Security Administration and the Secretary of the Treasury from cross-referencing such social security account numbers newly issued to individuals pursuant to this paragraph to the former social security account numbers of such individuals for purposes of administering title II or title XVI of such Act or administering the Internal Revenue Code of 1986 in connection with section 86, chapter 2, and subtitle C thereof. SEC. 3. CONFORMING AMENDMENTS TO PRIVACY ACT OF 1974. (a) In General.--Section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note, 88 Stat. 1909) is amended-- (1) in subsection (a), by striking paragraph (2) and inserting the following: ``(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any disclosure which is required under regulations of the Commissioner of Social Security pursuant to section 205(c)(2) of the Social Security Act or under regulations of the Secretary of the Treasury pursuant to section 6109(d) of the Internal Revenue Code of 1986.''; and (2) by striking subsection (b) and inserting the following: ``(b) Except with respect to disclosures described in subsection (a)(2), no agency or instrumentality of the Federal Government, a State, a political subdivision of a State, or any combination of the foregoing may request an individual to disclose his social security account number, on either a mandatory or voluntary basis.''. (b) Effective Date.--The amendments made by this section shall take effect on the earlier date specified in section 2(d)(1). SEC. 4. PROHIBITION OF GOVERNMENT-WIDE UNIFORM IDENTIFYING NUMBERS. (a) In General.--Except as authorized under section 205(c)(2) of the Social Security Act, any two agencies or instrumentalities of the Federal Government may not implement the same identifying number with respect to any individual. (b) Identifying Numbers.--For purposes of this section-- (1) the term ``identifying number'' with respect to an individual means any combination of alpha-numeric symbols which serves to identify such individual, and (2) any identifying number and any one or more derivatives of such number shall be treated as the same identifying number. (c) Effective Date.--The provisions of this section shall take effect January 1, 2003. SEC. 5. PROHIBITION OF GOVERNMENT-ESTABLISHED IDENTIFIERS. (a) In General.--Subject to subsection (b), a Federal agency may not-- (1) establish or mandate a uniform standard for identification of an individual that is required to be used by any other Federal agency, a State agency, or a private person for any purpose other than the purpose of conducting the authorized activities of the Federal agency establishing or mandating the standard; or (2) condition receipt of any Federal grant or contract or other Federal funding on the adoption, by a State, a State agency, or a political subdivision of a State, of a uniform standard for identification of an individual. (b) Transactions Between Private Persons.--Notwithstanding subsection (a), a Federal agency may not establish or mandate a uniform standard for identification of an individual that is required to be used within the agency, or by any other Federal agency, a State agency, or a private person, for the purpose of-- (1) investigating, monitoring, overseeing, or otherwise regulating a transaction to which the Federal Government is not a party; or (2) administrative simplification. (c) Repealer.--Any provision of Federal law enacted before, on, or after the date of the enactment of this Act that is inconsistent with subsection (a) or (b) is repealed, including sections 1173(b) and 1177(a)(1) of the Social Security Act (42 U.S.C. 1320d-2(b); 42 U.S.C. 1320d-6(a)(1)). (d) Definitions.--For purposes of this section: (1) Agency.--The term ``agency'' means any of the following: (A) An Executive agency (as defined in section 105 of title 5, United States Code). (B) A military department (as defined in section 102 of such title). (C) An agency in the executive branch of a State government. (D) An agency in the legislative branch of the Government of the United States or a State government. (E) An agency in the judicial branch of the Government of the United States or a State government. (2) State.--The term ``State'' means any of the several States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (e) Effective Date.--The provisions of this section shall take effect January 1, 2003.

Identity Theft Protection Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act and the Internal Revenue Code to establish new rules restricting the use of Social Security account numbers (SSNs) to applicable Social Security Administration and tax related purposes.Amends the Privacy Act of 1974 to prohibit any Federal, State, or local government agency from requiring or requesting an individual to disclose his SSN.Prohibits any two Federal agencies or instrumentalities from implementing the same identifying number with respect to any individual, except as authorized under this Act.Prohibits a Federal agency from: (1) establishing or mandating a uniform standard for individual identification that is required to be used by any other Federal or State agency or by a private person except for conducting the authorized activities of the Federal agency establishing or mandating the standard; or (2) conditioning receipt of any Federal grant or contract on the adoption, by a State or State agency or by a political subdivision of a State, of a uniform standard for individual identification.Prohibits a Federal agency from establishing or mandating a uniform standard for individual identification that is required to be used within the agency, or by any other Federal or State agency or by a private person for regulating a transaction to which the Federal Government is not a party, or for administrative simplification.

To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to protect the integrity and confidentiality of Social Security account numbers issued under such title, to prohibit the establishment in the Federal Government of any uniform national identifying number, and to prohibit Federal agencies from imposing standards for identification of individuals on other agencies or persons.

SECTION 1. SHORT TITLE. This Act may be cited as the ``10,000 Trained by 2010 Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the National Science Foundation has long been a government leader in strengthening our Nation's information infrastructure; (2) as automation and digitization reach the healthcare industry, that industry will need to draw heavily on the expertise of researchers funded by the National Science Foundation for the collection, processing, and utilization of information; (3) the National Science Foundation's basic research, demonstrations, and curriculum development assistance are all required to help make sure the industry has the knowledge, procedures, and workforce necessary to take full advantage of advanced communications and information technology; (4) the Bureau of Labor Statistics estimated that 136,000 Americans were employed in 2000 as information management professionals in the healthcare industry alone, with projected growth of 49 percent by 2010; and (5) no systematic plan exists for designing and implementing systems and information tools and for ensuring that the healthcare workforce can make the transition to the information age. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Information.--The term ``information'' means healthcare information. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). SEC. 4. NATIONAL SCIENCE FOUNDATION RESEARCH. (a) Grants.-- (1) In general.--The Director, in consultation with the heads of other Federal agencies as appropriate, shall award grants for basic research on innovative approaches to improve information systems. Research areas may include-- (A) information studies; (B) population informatics; (C) translational informatics; and (D) data security, integrity, and confidentiality. (2) Merit review; competition.--Grants shall be awarded under this section on a merit-reviewed, competitive basis. (3) Authorization of appropriations.--There are authorized to be appropriated to the National Science Foundation to carry out this subsection-- (A) $3,500,000 for fiscal year 2010; (B) $3,600,000 for fiscal year 2011; (C) $3,700,000 for fiscal year 2012; and (D) $3,800,000 for fiscal year 2013. (b) Informatics Research Centers.-- (1) In general.--The Director, in consultation with the heads of other Federal agencies as appropriate, shall award multiyear grants, subject to the availability of appropriations, to institutions of higher education (or consortia thereof) to establish multidisciplinary Centers for Informatics Research. Institutions of higher education (or consortia thereof) receiving such grants may partner with one or more government laboratories, for-profit institutions, or non-profit institutions. (2) Merit review; competition.--Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. (3) Purpose.--The purpose of the Centers shall be to generate innovative approaches in information by conducting cutting-edge, multidisciplinary research, including in the research areas described in subsection (a)(1). (4) Applications.--An institution of higher education (or a consortium thereof) seeking funding under this subsection shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum, a description of-- (A) the research projects that will be undertaken by the Center and the contributions of each of the participating entities; (B) how the Center will promote active collaboration among professionals from different disciplines, such as information technology specialists, health professionals, administrators, and social science researchers; and (C) how the Center will contribute to increasing the number of information researchers and other professionals. (5) Criteria.--In evaluating the applications submitted under paragraph (4), the Director shall consider, at a minimum-- (A) the ability of the applicant to generate innovative approaches to information and effectively carry out the research program; (B) the experience of the applicant in conducting research in the information field, and the capacity of the applicant to foster new multidisciplinary collaborations; (C) the capacity of the applicant to attract and provide adequate support for undergraduate and graduate students to pursue information research; and (D) the extent to which the applicant will partner with government laboratories or for-profit or non- profit entities, and the role the government laboratories or for-profit or non-profit entities will play in the research undertaken by the Center. (6) Annual meeting.--The Director shall convene an annual meeting of the Centers in order to foster collaboration and communication between Center participants. (7) Authorization of appropriations.--There are authorized to be appropriated for the National Science Foundation to carry out this subsection-- (A) $4,500,000 for fiscal year 2010; (B) $4,600,000 for fiscal year 2011; (C) $4,700,000 for fiscal year 2012; and (D) $4,800,000 for fiscal year 2013. SEC. 5. NATIONAL SCIENCE FOUNDATION INFORMATION PROGRAMS. (a) Capacity Building Grants.-- (1) In general.--The Director, in consultation with the heads of other Federal agencies as appropriate, shall establish a program to award grants to institutions of higher education (or consortia thereof) to establish or improve undergraduate and master's degree information programs, to increase the number of students who pursue undergraduate or master's degrees in information fields, to provide students with experience in government or industry related to their information studies, and, to the extent practicable, to do so using distance learning. (2) Merit review; competition.--Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. (3) Use of funds.--Grants awarded under this subsection shall be used for activities that enhance the ability of an institution of higher education (or consortium thereof) to provide high-quality information education, including certification and undergraduate and master's degree programs, and to recruit and retain increased numbers of students to such programs. Activities may include-- (A) developing and revising curriculum to better prepare undergraduate and master's degree students for careers in the information field; (B) establishing degree and certificate programs in the information field; (C) creating opportunities in information research for undergraduate students; (D) acquiring equipment necessary for student instruction in these programs, including the installation of testbed networks for student use; (E) providing opportunities for faculty to work with State, local, or Federal Government agencies, private industry, and other academic institutions to develop new expertise or to formulate new information research directions; (F) establishing collaborations with other academic institutions or departments that seek to establish, expand, or enhance these programs; (G) establishing student internships for students in these programs at State, local, and Federal Government agencies or in private industry; (H) establishing or enhancing bridge programs in information fields between community colleges and universities; and (I) any other activities the Director, in consultation with the heads of other Federal agencies as appropriate, determines will achieve the purposes described in paragraph (1). (4) Selection process.-- (A) Application.--An institution of higher education (or a consortium thereof) seeking funding under this subsection shall submit an application to the Director at such time, in such manner, and with such contents as the Director may require. The application shall include, at a minimum-- (i) a description of the applicant's relevant research and instructional capacity, and in the case of an application from a consortium of institutions of higher education, a description of the role that each member will play in implementing the proposal; (ii) a comprehensive plan by which the institution or consortium will build instructional capacity in information fields; (iii) a description of relevant collaborations with State, local, or Federal Government agencies or private industry that inform the instructional program; (iv) a survey of the applicant's historic student enrollment and placement data and a study of potential enrollment and placement for students enrolled in the proposed program; and (v) a plan to evaluate the success of the proposed program, including postgraduate assessment of graduate school and job placement and retention rates as well as the relevance of the instructional program to graduate study and to the workplace. (B) Awards.--The Director shall ensure, to the extent practicable, that grants are awarded under this subsection in a wide range of geographic areas and categories of institutions of higher education. (5) Assessment required.--The Director, in consultation with the heads of other Federal agencies as appropriate, shall evaluate the program established under this subsection no later than 3 years after the establishment of the program. At a minimum, the Director shall evaluate the extent to which the grants have achieved their objectives of increasing the quality and quantity of students pursuing undergraduate or master's degrees in information fields. The Director shall make this assessment publicly available. (6) Authorization of appropriations.--There are authorized to be appropriated to the National Science Foundation to carry out this subsection-- (A) $9,000,000 for fiscal year 2010; (B) $9,200,000 for fiscal year 2011; (C) $9,400,000 for fiscal year 2012; and (D) $9,600,000 for fiscal year 2013. (b) Scientific and Advanced Technology Act of 1992.-- (1) Grants.--The Director shall provide grants under the Scientific and Advanced Technology Act of 1992 for the purposes of section 3(a) and (b) of that Act, except that the activities supported pursuant to this subsection shall be limited to improving education in fields related to information. (2) Authorization of appropriations.--There are authorized to be appropriated to the National Science Foundation to carry out this subsection-- (A) $7,000,000 for fiscal year 2010; (B) $7,200,000 for fiscal year 2011; (C) $7,400,000 for fiscal year 2012; and (D) $7,600,000 for fiscal year 2013.

10,000 Trained by 2010 Act - Requires the National Science Foundation (NSF) to award competitive grants for basic research on innovative approaches to improve health care information systems, as well as for scientific and engineering activities to improve education in the health care information fields. Requires the award of NSF grants also to institutions of higher education to: (1) establish multidisciplinary Centers for Informatics Research for conducting cutting-edge, multidisciplinary research to generate innovative approaches in health care information; and (2) establish or improve undergraduate and master's degree health care information programs, attract students to such programs, and provide them with experience in government or industry related to their studies.

To authorize the National Science Foundation to award grants to institutions of higher education to develop and offer education and training programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Smokestacks Act of 2005''. SEC. 2. REDUCTION OF EMISSIONS FROM POWERPLANTS. Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``SEC. 132. REDUCTION OF EMISSIONS FROM POWERPLANTS. ``(a) Emission Reduction Objectives.--The emission reduction objectives of this section are to reduce, not later than January 1, 2010: ``(1) aggregate sulfur dioxide emissions from powerplants by 75 percent from the levels allowed under full implementation of the Phase II sulfur dioxide requirements under title IV (relating to acid deposition control); ``(2) aggregate nitrogen oxide emissions from powerplants by 75 percent from 1997 levels; ``(3) aggregate carbon dioxide emissions from powerplants to the level of carbon dioxide emissions from powerplants in 1990; and ``(4) aggregate mercury emissions from powerplants by 90 percent from the 1999 levels. ``(b) Agency Action.-- ``(1) Regulations.-- ``(A) In general.--Not later than 2 years after the date of enactment of this section, the Administrator shall promulgate regulations to achieve the emission reduction objectives specified in subsection (a). ``(B) Elements.--The regulations promulgated under subparagraph (A)-- ``(i) shall achieve the objectives in a manner that the Administrator determines will allocate required emission reductions equitably, taking into account emission reductions achieved before the date of enactment of this section and other relevant factors; ``(ii) may include, except in the case of mercury, market-oriented mechanisms (such as emissions trading based on generation performance standards, auctions, or other allocation methods); ``(iii) shall prevent localized adverse effects on public health and the environment and ensure that significant emission reductions are achieved in both the Eastern and Western regions of the United States; ``(iv) shall ensure that any captured or recovered mercury is not rereleased into the environment; and ``(v) shall include, consistent with achieving the objectives set forth in subsection (a), incentives for renewable energy. ``(2) Interagency coordination to minimize costs and maximize gains.--To minimize the economic costs and maximize the economic gains of achieving the emission reduction objectives specified in subsection (a), the Administrator shall coordinate with other departments and agencies of Federal and State government to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies, such as those described in the report prepared by the Interlaboratory Working Group of the Department of Energy entitled `Scenarios for a Clean Energy Future', dated November 2000. ``(c) Additional Reductions.--The regulations promulgated under subsection (b) may require additional reductions in emissions from powerplants if the Administrator determines that the emission levels necessary to achieve the emission reduction objectives specified in subsection (a) are not reasonably anticipated to protect public health or welfare. ``(d) Modernization of Outdated Powerplants.-- ``(1) In general.--On the later of the date that is 30 years after a powerplant commenced operation or the date that is 5 years after the date of enactment of this section, it shall comply with-- ``(A) the most recent new source performance standards promulgated under section 111; and ``(B) the requirements under parts C and D that are applicable to modified sources. ``(2) Additional requirements.--The requirements of this subsection shall be in addition to the requirements of the regulations promulgated under subsection (b). ``(e) Other Requirements.--The requirements of this section shall be in addition to, and not in lieu of, any other requirement of this Act. ``(f) Definition.--In this section, the term `powerplant' means an electric generation facility with a nameplate capacity of 15 megawatts or more that uses a combustion device to generate electricity for sale.''.

Clean Smokestacks Act of 2005 - Amends the Clean Air Act (CAA) to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to achieve specified reductions in aggregate emissions of sulfur dioxide, nitrogen oxide, carbon dioxide, and mercury from powerplants (electric generation facilities with a nameplate capacity of 15 megawatts or more that use a combustion device to generate electricity for sale) by January 1, 2010. States that regulations promulgated under this Act may require additional emissions reductions if the Administrator determines that the specified reductions are not reasonably anticipated to protect public health or welfare. Directs the Administrator to coordinate with other Federal and State agencies to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies. Requires powerplants, on the later of the date 30 years after the powerplant commenced operation or five years after this Act's enactment, to comply with the most recent new source performance standards under CAA provisions regarding air quality and emissions limitations and with specified requirements for modified sources.

To amend the Clean Air Act to reduce emissions from electric powerplants, and for other purposes.

SECTION 1. JUDICIAL STRUCTURE OF GUAM. (a) Judicial Authority; Courts.--Section 22(a) of the Organic Act of Guam (48 U.S.C. 1424(a)) is amended to read as follows: ``(a) (1) The judicial authority of Guam shall be vested in a court established by Congress designated as the `District Court of Guam', and a judicial branch of Guam which shall constitute a unified judicial system and include an appellate court designated as the `Supreme Court of Guam', a trial court designated as the `Superior Court of Guam', and such other lower local courts as may have been or shall hereafter be established by the laws of Guam. ``(2) The Supreme Court of Guam may, by rules of such court, create divisions of the Superior Court of Guam and other local courts of Guam. ``(3) The courts of record for Guam shall be the District Court of Guam, the Supreme Court of Guam, the Superior Court of Guam (except the Traffic and Small Claims divisions of the Superior Court of Guam) and any other local courts or divisions of local courts that the Supreme Court of Guam shall designate.''. (b) Jurisdiction and Powers of Local Courts.--Section 22A of the Organic Act of Guam (48 U.S.C. 1424-1) is amended to read as follows: ``Sec. 22A. (a) The Supreme Court of Guam shall be the highest court of Guam and shall-- ``(1) have original jurisdiction over proceedings necessary to protect its appellate jurisdiction and supervisory authority and such other original jurisdiction as the laws of Guam may provide; ``(2) have jurisdiction to hear appeals over any cause in Guam decided by the Superior Court of Guam or other courts established under the laws of Guam; ``(3) have jurisdiction to issue all orders and writs in aid of its appellate, supervisory, and original jurisdiction, including those orders necessary for the supervision of the judicial branch of Guam; ``(4) have supervisory jurisdiction over the Superior Court of Guam and all other courts in Guam; ``(5) hear and determine appeals by a panel of three of the justices of the Supreme Court of Guam and a concurrence of two such justices shall be necessary to a decision of the Supreme Court of Guam on the merits of an appeal; ``(6) make and promulgate rules governing the administration of the judiciary and the practice and procedure in the courts, including procedures for the determination of an appeal en banc; and ``(7) govern attorney and judicial ethics and the practice of law in Guam, including admission to practice law and the conduct and discipline of persons admitted to practice law. ``(b) The Chief Justice of the Supreme Court of Guam-- ``(1) shall preside over the Supreme Court unless disqualified or unable to act; ``(2) shall be the administrative head of, and have general supervisory power over, all departments, divisions, and other instrumentalities of the judicial branch of Guam; and ``(3) may issue such administrative orders on behalf of the Supreme Court of Guam as necessary for the efficient administration of the judicial branch of Guam. ``(c) The Chief Justice of the Supreme Court of Guam, or a justice sitting in place of such Chief Justice, may make any appropriate order with respect to-- ``(1) an appeal prior to the hearing and determination of that appeal on the merits; or ``(2) dismissal of an appeal for lack of jurisdiction or failure to take or prosecute the appeal in accordance with applicable laws or rules of procedure. ``(d) Except as granted to the Supreme Court of Guam or otherwise provided by this Act or any other Act of Congress, the Superior Court of Guam and all other local courts established by the laws of Guam shall have such original and appellate jurisdiction over all causes in Guam as the laws of Guam provide, except that such jurisdiction shall be subject to the exclusive or concurrent jurisdiction conferred on the District Court of Guam under section 22 of this Act. ``(e) The qualifications and duties of the justices and judges of the Supreme Court of Guam, the Superior Court of Guam, and all other local courts established by the laws of Guam shall be governed by the laws of Guam and the rules of such courts.''. (c) Technical Amendments.--(1) Section 22B of the Organic Act of Guam (48 U.S.C. 1424-2) is amended-- (A) by inserting ``which is known as the Supreme Court of Guam,'' after ``appellate court authorized by section 22A(a) of this Act,''; and (B) by striking ``Natural Resources'' and inserting ``Resources''. (2) Section 22C(a) of the Organic Act of Guam (48 U.S.C. 1424-3(a)) is amended by inserting ``which is known as the Supreme Court of Guam,'' after ``appellate court authorized by section 22A(a) of this Act,''. (3) Section 22C(d) of the Organic Act of Guam (48 U.S.C. 1424-3(d)) is amended-- (A) by inserting ``, which is known as the Supreme Court of Guam,'' after ``appellate court provided for in section 22A(a) of this Act''; and (B) by striking ``taken to the appellate court'' and inserting ``taken to such appellate court''.

Authorizes the Supreme Court of Guam to create divisions of the Superior Court and other local courts of Guam. Lists the courts of record for Guam. Outlines the jurisdiction and powers of the local courts.

To amend the Organic Act of Guam for the purposes of clarifying the local judicial structure of Guam.

SECTION 1. FINDINGS. The Congress finds the following: (1) It is in the best interest of the United States to develop clean renewable geothermal energy. (2) Development of such energy should be promoted on appropriate Federal lands. (3) Under the Energy Policy Act of 2005, the Bureau of Land Management is authorized to issue three different types of non- competitive leases for production of geothermal energy on Federal lands, including non-competitive geothermal leases to mining claim holders that have a valid operating plan, direct use leases, and leases on parcels that do not sell at a competitive auction. (4) Federal geothermal energy leasing activity should be directed towards those seeking to develop the land as opposed to those seeking to speculate on geothermal resources and thereby artificially raising the cost of legitimate geothermal energy development. (5) Developers of geothermal energy on Federal lands that have invested substantial capital and made high risk investments should be allowed to secure a discovery of geothermal energy resources. (6) Successful geothermal development on Federal lands will provide increased revenue to the Federal Government, with the payment of production royalties over decades. SEC. 2. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF GEOTHERMAL RESOURCES. The Geothermal Steam Act of 1970 is amended-- (1) in section 2 (30 U.S.C. 1001)-- (A) by striking the period at the end of each of paragraphs (e) and (f) and inserting a semicolon; (B) by striking ``, and'' at the end of paragraph (g) and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(h) `industry standards' means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce geothermal steam or geothermal resources as determined through flow or injection testing or measurement of lost circulation while drilling; ``(i) `qualified geothermal professional' means an individual who is an engineer or geoscientist in good professional standing with at least five years of experience in geothermal exploration, development, project assessment, or any combination of the forgoing; and ``(j) `valid discovery' means a discovery of a geothermal resource by a new or existing slim hole or production well, that exhibits downhole or flowing temperature measurements with indications of permeability sufficient to meet industry standards.''; and (2) in section 4(b) (30 U.S.C. 1003(b)), by adding at the end the following: ``(4) Adjoining lands.-- ``(A) In general.--Areas that adjoin Federal or non-Federal lands for which a qualified company or individual holds a legal right to develop geothermal resources may be available for noncompetitive lease under this section to the qualified company or individual at the fair market value per acre, if-- ``(i) the adjoining areas-- ``(I) consist of an area of not more than a total of 640 acres; ``(II) each consist of not less than one acre; ``(III) are not already leased under this Act or nominated to be leased under subsection (a); ``(ii) the qualified company or individual has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under subclause (I) of clause (iii); and ``(iii) sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified company or individual to the relevant Federal land management agency that would engender a belief in individuals who are experienced in the subject matter that-- ``(I) there is a valid discovery of geothermal steam or geothermal resources on the lands for which the qualified company or individual holds the legal right to develop geothermal resources; and ``(II) such thermal feature extends into the adjoining areas. ``(B) Fair market value per acre defined.--As used in this paragraph, the term `fair market value per acre' means a dollar amount per acre that-- ``(i) except as provided in this subparagraph, shall be equal to the market value per acre, as determined by the Secretary; ``(ii) shall be determined by the Secretary with respect to a lease under this paragraph, by not later than the end of the 90-day period beginning on the date the Secretary receives an application for the lease; ``(iii) if the Secretary does not determine the fair market value per acre for a lease before the end of the period referred to in clause (ii), shall be $100 per acre (adjusted by the Secretary for inflation annually beginning with fiscal year 2010) until the Secretary establishes such fair market value; and ``(iv) for any lease for which an application is received before the end of the 15-year period beginning on the date of the enactment of this clause, shall not exceed $200 per acre (adjusted by the Secretary for inflation annually beginning with fiscal year 2010).''.

Amends competitive lease provisions of the Geothermal Steam Act of 1970 to set forth conditions under which areas that adjoin federal or nonfederal land for which a qualified company or individual holds a legal right to develop geothermal resources may be made available to the company or individual for noncompetitive lease at the fair market value per acre. Includes as such conditions that sufficient data has been submitted by a qualified geothermal professional to the relevant federal land management agency to engender a belief that: (1) there is a valid discovery of geothermal or geothermal steam resources on the lands for which the company or individual holds the right to develop the resources; and (2) the thermal feature extends into the adjoining areas.

To amend the Geothermal Steam Act of 1970 to authorize noncompetitive leasing of certain areas adjoining other lands for which a qualified company or individual holds a preexisting legal right to develop geothermal resources, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gynecologic Cancer Education and Awareness Act of 2005'' or ``Johanna's Law''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Section 317P of the Public Health Service Act (42 U.S.C. 247b-17) is amended-- (1) in the section heading by adding ``(johanna's law)'' at the end; and (2) by adding at the end the following: ``(d) Johanna's Law.-- ``(1) National public awareness campaign.-- ``(A) In general.--The Secretary shall carry out a national campaign to increase the awareness and knowledge of health care providers and women with respect to gynecologic cancers. ``(B) Written materials.--Activities under the national campaign under subparagraph (A) shall include-- ``(i) maintaining a supply of written materials that provide information to the public on gynecologic cancers; and ``(ii) distributing the materials to members of the public upon request. ``(C) Public service announcements.--Activities under the national campaign under subparagraph (A) shall, in accordance with applicable law and regulations, include developing and placing, in telecommunications media, public service announcements intended to encourage women to discuss with their physicians their risks of gynecologic cancers. Such announcements shall inform the public on the manner in which the written materials referred to in subparagraph (B) can be obtained upon request, and shall call attention to early warning signs and risk factors based on the best available medical information. ``(2) Report and strategy.-- ``(A) Report.--Not later than 6 months after the date of the enactment of this subsection, the Secretary shall submit to the Congress a report including the following: ``(i) A description of the past and present activities of the Department of Health and Human Services to increase awareness and knowledge of the public with respect to different types of cancer, including gynecologic cancers. ``(ii) A description of the past and present activities of the Department of Health and Human Services to increase awareness and knowledge of health care providers with respect to different types of cancer, including gynecologic cancers. ``(iii) For each activity described pursuant to clause (i) or (ii), a description of the following: ``(I) The funding for such activity for fiscal year 2006 and the cumulative funding for such activity for previous fiscal years. ``(II) The background and history of such activity, including-- ``(aa) the goals of such activity; ``(bb) the communications objectives of such activity; ``(cc) the identity of each agency within the Department of Health and Human Services responsible for any aspect of the activity; and ``(dd) how such activity is or was expected to result in change. ``(III) How long the activity lasted or is expected to last. ``(IV) The outcomes observed and the evaluation methods, if any, that have been, are being, or will be used with respect to such activity. ``(V) For each such outcome or evaluation method, a description of the associated results, analyses, and conclusions. ``(B) Strategy.-- ``(i) Development; submission to congress.--Not later than 3 months after submitting the report required by subparagraph (A), the Secretary shall develop and submit to the Congress a strategy for improving efforts to increase awareness and knowledge of the public and health care providers with respect to different types of cancer, including gynecological cancers. ``(ii) Consultation.--In developing the strategy under clause (i), the Secretary should consult with qualified private sector groups, including nonprofit organizations. ``(3) Full compliance.-- ``(A) In general.--Not later than March 1, 2008, the Secretary shall ensure that all provisions of this section, including activities directed to be carried out by the Centers for Disease Control and Prevention and the Food and Drug Administration, are fully implemented and being complied with. Not later than April 30, 2008, the Secretary shall submit to Congress a report that certifies compliance with the preceding sentence and that contains a description of all activities undertaken to achieve such compliance. ``(B) If the Secretary fails to submit the certification as provided for under subparagraph (A), the Secretary shall, not later than 3 months after the date on which the report is to be submitted under subparagraph (A), and every 3 months thereafter, submit to Congress an explanation as to why the Secretary has not yet complied with the first sentence of subparagraph (A), a detailed description of all actions undertaken within the month for which the report is being submitted to bring the Secretary into compliance with such sentence, and the anticipated date the Secretary expects to be in full compliance with such sentence. ``(4) Authorization of appropriations.--For the purpose of carrying out this subsection, there is authorized to be appropriated $16,500,000 for the period of fiscal years 2007 through 2009.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Gynecologic Cancer Education and Awareness Act of 2005 or Johanna's Law - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to carry out a national campaign to increase the awareness and knowledge of health care providers and women with respect to gynecologic cancers. Requires campaign activities to include: (1) maintaining a supply of written materials and providing information to the public upon request; and (2) making public service announcements to encourage women to discuss their risks with their physicians. Requires such public service announcements to call attention to early warning signs and risk factors based on the best available medical information. Sets forth reporting requirements. Requires the Secretary to submit to Congress a strategy for improving efforts to increase awareness and knowledge of the public and health care providers with respect to different types of cancer, including gynecological cancers. Requires the Secretary to: (1) ensure that all provisions of this Act are fully implemented and being complied with not later than March 1, 2008; and (2) submit to Congress a report that certifies compliance and contains a description of all activities undertaken to achieve such compliance. Requires additional reports to Congress if the Secretary fails to submit the certification. Authorizes appropriations.

To provide for programs to increase the awareness and knowledge of women and health care providers with respect to gynecologic cancers.

SECTION 1. SHORT TITLE. This Act may be cited as ``Cord Blood Stem Cell Act of 2005''. 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. Scientific research on cord blood stem cells may uncover a potential to treat a wide variety of diseases not yet attempted. (3) Advantages of cord blood stem cell transplants include no risk to the donor, and reduced risk of certain transplant complications, including graft versus host disease and latent virus infections (such as Epstein-Barr virus or cytomegalovirus) and immediate availability of cord blood stem cell units, whenever needed. (4) Cord blood gives all patients a chance for a transplant, regardless of their ethnic background. An ethnically diverse inventory of 150,000 cord blood stem cell units would help provide appropriate matches for 80 to 90 percent of patients seeking matched cord blood stem cell transplants. (5) Some genetic conditions are 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. With an ethnically balanced national cord blood stem cell network of at least 150,000 units, some 80 to 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. (6) Cord blood is an alternate to bone marrow as a source of stem cells for transplantation. Cord blood banks, therefore, serve the same kinds of patients as marrow donor registries. However, its collection, processing, storage and selection for transplant require unique systems and expertise. (7) Radiation exposure, from accidents or hostile actions, could cause bone marrow failure in a portion of those exposed and require treatment, including bone marrow reconstitution. In these cases the rapid availability of frozen cord blood stem cell units may be an important resource to help rescue the victims years later, those who were exposed and survived may incur an increased risk of leukemia or lymphoma, which might also require stem cell transplantation. (8) 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 2006, and $30,000,000 for fiscal year 2007 and such sums as may be necessary for each of fiscal years 2008 through 2010 or until the 150,000 unit inventory is successfully acquired.''.

Cord Blood Stem Cell Act of 2005 - 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 (HRSA), to enter into contracts with qualified cord blood stem cell banks to assist in establishing and maintaining a National Network of Cord Blood Stem Cell Banks to: (1) acquire, tissue type, test, cryopreserve, and store donated units of human cord blood acquired with the informed consent of the donor; (2) make cord blood units available to transplant centers for stem cell transplantations; and (3) allocate up to 10 percent of the cord blood inventory each year for peer-reviewed research. Requires the Secretary to provide for the establishment of a Board of Directors to administer the Network. Directs the Secretary, acting through the Administrator, to establish as part of the Network a National Cord Blood Stem Cell Registry to: (1) operate a system for identifying, acquiring, and distributing donated units of cord blood; (2) provide health care professionals with the ability to search the registry for suitable matches for patients; and (3) maintain a database to document the collection, storage, distribution, and transplantation of cord blood units and the clinical outcomes of Network transplantations. Requires the Administrator to report to the Secretary regarding the safety, efficacy, and cost-effectiveness of the clinical, research, and education activities of the Network. Requires the Board to ensure that: (1) the Network donor banks meet confidentiality and privacy requirements; and (2) the Network and their birthing hospital collection sites are geographically distributed throughout the United States.

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 ``Civil War Sesquicentennial Commission Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The American Civil War was a defining experience in the development of the United States. (2) The people of the United States continue to struggle with issues of race, civil rights, the politics of federalism, and heritage which are legacies of the Civil War and Reconstruction. (3) There is a resurgence of interest in the Civil War that is evidenced by the multitude of publications, exhibits, reenactments, research organizations, Internet and multimedia resources, historic parks, and preservation associations focused on the Civil War. (4) The years 2011 through 2015 mark the sesquicentennial of the Civil War. (5) The sesquicentennial of the Civil War presents a significant opportunity for Americans to recall and reflect upon the Civil War and its legacy in a spirit of reconciliation and reflection. (6) The United States Civil War Center at Louisiana State University, Louisiana, and the Civil War Institute at Gettysburg College, Pennsylvania, have been designated by the Federal Government to plan and facilitate the commemoration of the sesquicentennial of the Civil War. (7) The State of Virginia-- (A) witnessed more Civil War military engagements on its soil than any other State; (B) hosts more historic sites related to the Civil War than any other State; and (C) is home to the Pamplin Historical Park and the National Museum of the Civil War Soldier and the Virginia Center for Civil War Studies at Virginia Polytechnic Institute and State University, both of which are nationally recognized centers of expertise in the study of the Civil War. (8) The African American Civil War Museum located in Washington, DC, is the only museum in the Nation dedicated to the study and understanding of the role of African Americans in the Civil War. (b) Purpose-.-- The purpose of this Act is to establish a Civil War Sesquicentennial Commemoration Commission to-- (1) ensure a suitable national observance of the sesquicentennial of the Civil War; (2) cooperate with and assist States and national organizations with programs and activities for the observance of the sesquicentennial of the Civil War; (3) assist in ensuring that any observance of the sesquicentennial of the Civil War is inclusive and appropriately recognizes the experiences and points of view of all people affected by the Civil War; and (4) provide assistance for the development of programs, projects, and activities on the Civil War that have lasting educational value. SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION. The Secretary of the Interior shall establish a commission to be known as the Civil War Sesquicentennial Commemoration Commission (hereafter in this Act referred to as the ``Commission''). SEC. 4. COMPOSITION OF THE COMMISSION. (a) In General.--The Commission shall be composed of 25 members as follows: (1) Government members.--The Commission shall include-- (A) 2 Members of the House of Representatives appointed by the Speaker of the House of Representatives; (B) 2 Members of the Senate appointed by the President pro tempore of the Senate, in consultation with the majority leader and the minority leader of the Senate; (C) the Secretary of the Interior or the designee of the Secretary; (D) the Secretary of the Smithsonian Institution, or the designee of the Secretary; (E) the Secretary of the Department of Education, or the designee of the Secretary; (F) the Chairman of the National Endowment for the Humanities, or the designee of the Chairman; (G) the Archivist of the United States, or the designee of the Archivist; (H) the Librarian of Congress, or the designee of the Librarian; and (I) the Director of the National Park Service, or the designee of the Director. (2) Private members.--The Commission shall include-- (A) 5 members appointed by the President from among individuals who are representative of the corporate community; and (B) 9 individuals, appointed by the President, from among persons who by reason of education, training, and experience, are experts on the Antebellum, Civil War, and Reconstruction eras, including-- (i) 6 individuals with expertise in history; (ii) 1 individual with specific expertise in art history, historic preservation, or a related field; (iii) 1 individual with expertise in anthropology, cultural geography, sociology, or a related field; and (iv) 1 individual with expertise in political science, law, economics, or a related field. (b) Terms.--Members shall be appointed for the life of the Commission. (c) Vacancies.--Any vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment. (d) Initial Appointments.--The appointment of the members of the Commission shall be made not later than 60 days after the date of the enactment of this Act. SEC. 5. GENERAL PROVISIONS. (a) Meetings.-- (1) Initial meeting.--Not later than 60 days after the date on which all members of the Commission have been appointed, the members appointed under subparagraphs (A) and (B) of section 4(a)(2) shall call the first meeting of the Commission. (2) Subsequent meetings.--The Commission shall hold subsequent meetings at the call of the chairperson. (b) Chairperson and Vice Chairperson.--At the initial meeting, the Commission shall elect a Chairperson and Vice Chairperson from among its voting members. (c) Quorum.--A majority of voting members shall constitute a quorum, but a lesser number may hold meetings. (d) Voting.-- (1) In general.--The Commission shall act only on an affirmative vote of a majority of the voting members of the Commission. (2) Nonvoting members.--The individuals appointed under subparagraphs (A) and (B) of section 4(a)(1) shall be nonvoting members, and shall serve only in an advisory capacity. SEC. 6. DUTIES OF THE COMMISSION. (a) Activities Related to the Sesquicentennial.--The Commission shall-- (1) plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War; (2) encourage interdisciplinary examination of the Civil War; (3) facilitate Civil War-related activities throughout the United States; (4) encourage civic, historical, educational, economic, and other organizations throughout the United States to organize and participate in activities to expand the understanding and appreciation of the significance of the Civil War; (5) coordinate and facilitate the public distribution of scholarly research, publications, and interpretations of the Civil War; (6) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration of the sesquicentennial of the Civil War; (7) develop programs and facilities to ensure that the sesquicentennial commemoration of the Civil War results in a positive legacy and long-term public benefit; and (8) encourage the development and conduct of programs designed to involve the international community in activities that commemorate the Civil War. (b) Plans and Report.-- (1) Strategic plan and annual performance plans.--The Commission shall prepare a strategic plan in accordance with section 306 of title 5, United States Code, and annual performance plans in accordance with section 1115 of title 31, United States Code, for the activities of the Commission carried out under this Act. (2) Reports.-- (A) Annual report.--The Commission shall submit to Congress an annual report that contains a list of each gift, bequest, or devise with a value of more than $250, together with the identity of the donor of each such gift, bequest, or devise. (B) Final report.--Not later than December 30, 2015, the Commission shall submit to Congress a final report that contains-- (i) a summary of activities of the Commission; (ii) a final accounting of funds received and expended by the Commission; and (iii) the findings and recommendations of the Commission. SEC. 7. GRANT PROGRAM. (a) Grants Authorized.--The National Endowment for the Humanities shall award grants under this section for the uses described in subsection (b). (b) Use of Grants.--Grants awarded under this section shall be used for appropriate activities relating to the sesquicentennial of the Civil War. (c) Consideration.--In awarding grants under this section, the National Endowment of the Humanities shall consider established university, museum, or academic programs with national scope that sponsor multidisciplinary projects, including those that concentrate on the role of African Americans in the Civil War. SEC. 8. POWERS OF THE COMMISSION. (a) In General.--The Commission may-- (1) solicit, accept, use, and dispose of gifts, bequests, or devises of money or other real or personal property for the purpose of aiding or facilitating the work of the Commission; (2) appoint any advisory committee as the Commission considers appropriate for the purposes of this Act; (3) authorize any voting member or employee of the Commission to take any action that the Commission is authorized to take under this Act; (4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements to carry out this Act (except that any contracts, leases, or other legal agreements entered into by the Commission shall not extend beyond the date of the termination of the Commission); and (5) use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 9. PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission, and members of any advisory committee appointed under section 8(a)(2), shall serve without compensation. (b) Travel Expenses.--Members of the Commission, and members of any advisory committees appointed under section 8(a)(2), shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), 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. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detail of Government Employees.-- (1) In general.--At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (2) Civil service status.--The detail of an employee under paragraph (1) shall be without interruption or loss of civil service status or privilege. (e) Volunteer and Uncompensated Services.-- Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (f) Support Services.--The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (g) 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 daily 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. (h) FACA Nonapplicability.--Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (i) Termination.--The Commission shall terminate on the date that is 90 days after the date on which the Commission submits its report under section 6(b)(2). SEC. 10. AUDIT OF COMMISSION. The Inspector General of the Department of the Interior shall perform an annual audit of the Commission and shall make the results of the audit available to the public. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act (other than section 7) $200,000 for each of the fiscal years 2005 through 2016. (b) Grants.--There is authorized to be appropriated $3,500,000 to the National Endowment for the Humanities to provide grants under section 7, to remain available until expended.

Civil War Sesquicentennial Commission Act - Directs the Secretary of the Interior to establish a Civil War Sesquicentennial Commission to plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War, and to carry out other specified duties. Directs the National Endowment for the Humanities to award grants for appropriate activities relating to the Civil War sesquicentennial, and to consider for such grants university, museum, or academic programs with national scope that sponsor multidisciplinary projects, including those that concentrate on the role of African Americans in the Civil War.

To establish a commission to commemorate the sesquicentennial of the American Civil War.

SECTION 1. SHORT TITLE. This title may be cited as the ``FHA Manufactured Housing Loan Modernization Act of 2006''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) manufactured housing plays a vital role in providing housing for low- and moderate-income families in the United States; (2) the FHA title I insurance program for manufactured home loans traditionally has been a major provider of mortgage insurance for home-only transactions; (3) the manufactured housing market is in the midst of a prolonged downturn which has resulted in a severe contraction of traditional sources of private lending for manufactured home purchases; (4) during past downturns the FHA title I insurance program for manufactured homes has filled the lending void by providing stability until the private markets could recover; (5) in 1992, during the manufactured housing industry's last major recession, over 30,000 manufactured home loans were insured under title I; (6) in 2004, fewer than 2,000 manufactured housing loans were insured under title I; (7) the loan limits for title I manufactured housing loans have not been adjusted for inflation since 1992; and (8) these problems with the title I program have resulted in an atrophied market for manufactured housing loans, leaving American families who have the most difficulty achieving homeownership without adequate financing options for home-only manufactured home purchases. (b) Purposes.--The purposes of this Act are-- (1) to provide adequate funding for FHA-insured manufactured housing loans for low- and moderate-income homebuyers during all economic cycles in the manufactured housing industry; (2) to modernize the FHA title I insurance program for manufactured housing loans to enhance participation by Ginnie Mae and the private lending markets; and (3) to adjust the low loan limits for title I manufactured home loan insurance to reflect the increase in costs since such limits were last increased in 1992 and to index the limits to inflation. SEC. 3. EXCEPTION TO LIMITATION ON FINANCIAL INSTITUTION PORTFOLIO. The second sentence of section 2(a) of the National Housing Act (12 U.S.C. 1703(a)) is amended-- (1) by striking ``In no case'' and inserting ``Other than in connection with a manufactured home or a lot on which to place such a home (or both), in no case''; and (2) by striking ``: Provided, That with'' and inserting ``. With''. SEC. 4. INSURANCE BENEFITS. (a) In General.--Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), is amended by adding at the end the following new paragraph: ``(8) Insurance benefits for manufactured housing loans.-- Any contract of insurance with respect to loans, advances of credit, or purchases in connection with a manufactured home or a lot on which to place a manufactured home (or both) for a financial institution that is executed under this title after the date of the enactment of the FHA Manufactured Housing Loan Modernization Act of 2006 by the Secretary shall be conclusive evidence of the eligibility of such financial institution for insurance, and the validity of any contract of insurance so executed shall be incontestable in the hands of the bearer from the date of the execution of such contract, except for fraud or misrepresentation on the part of such institution.''. (b) Applicability.--The amendment made by subsection (a) shall only apply to loans that are registered or endorsed for insurance after the date of the enactment of this Act. SEC. 5. MAXIMUM LOAN LIMITS. (a) Dollar Amounts.--Paragraph (1) of section 2(b) of the National Housing Act (12 U.S.C. 1703(b)(1)) is amended-- (1) in clause (ii) of subparagraph (A), by striking ``$17,500'' and inserting ``$24,500''; (2) in subparagraph (C) by striking ``$48,600'' and inserting ``$68,040''; (3) in subparagraph (D) by striking ``$64,800'' and inserting ``$90,720''; (4) in subparagraph (E) by striking ``$16,200'' and inserting ``$22,680''; and (5) by realigning subparagraphs (C), (D), and (E) 2 ems to the left so that the left margins of such subparagraphs are aligned with the margins of subparagraphs (A) and (B). (b) Annual Indexing.--Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraph: ``(9) Annual indexing of manufactured housing loans.--The Secretary shall develop a method of indexing in order to annually adjust the loan limits established in subparagraphs (A)(ii), (C), (D), and (E) of this subsection. Such index shall be based on the manufactured housing price data collected by the United States Census Bureau. The Secretary shall establish such index no later than one year after the date of the enactment of the FHA Manufactured Housing Loan Modernization Act of 2006.'' (c) Technical and Conforming Changes.--Paragraph (1) of section 2(b) of the National Housing Act (12 U.S.C. 1703(b)(1)) is amended-- (1) by striking ``No'' and inserting ``Except as provided in the last sentence of this paragraph, no''; and (2) by adding after and below subparagraph (G) the following: ``The Secretary shall, by regulation, annually increase the dollar amount limitations in subparagraphs (A)(ii), (C), (D), and (E) (as such limitations may have been previously adjusted under this sentence) in accordance with the index established pursuant to paragraph (9).''. SEC. 6. INSURANCE PREMIUMS. Subsection (f) of section 2 of the National Housing Act (12 U.S.C. 1703(f)) is amended-- (1) by inserting ``(1) Premium Charges.--'' after ``(f)''; and (2) by adding at the end the following new paragraph: ``(2) Manufactured Home Loans.--Notwithstanding paragraph (1), in the case of a loan, advance of credit, or purchase in connection with a manufactured home or a lot on which to place such a home (or both), the premium charge for the insurance granted under this section shall be paid by the borrower under the loan or advance of credit, as follows: ``(A) At the time of the making of the loan, advance of credit, or purchase, a single premium payment in an amount not to exceed 2.25 percent of the amount of the original insured principal obligation. ``(B) In addition to the premium under subparagraph (A), annual premium payments during the term of the loan, advance, or obligation purchased in an amount not exceeding 1.0 percent of the remaining insured principal balance (excluding the portion of the remaining balance attributable to the premium collected under subparagraph (A) and without taking into account delinquent payments or prepayments). ``(C) Premium charges under this paragraph shall be established in amounts that are sufficient, but do not exceed the minimum amounts necessary, to maintain a negative credit subsidy for the program under this section for insurance of loans, advances of credit, or purchases in connection with a manufactured home or a lot on which to place such a home (or both), as determined based upon risk to the Federal Government under existing underwriting requirements. ``(D) The Secretary may increase the limitations on premium payments to percentages above those set forth in subparagraphs (A) and (B), but only if necessary, and not in excess of the minimum increase necessary, to maintain a negative credit subsidy as described in subparagraph (C).''. SEC. 7. TECHNICAL CORRECTIONS. (a) Dates.--Subsection (a) of section 2 of the National Housing Act (12 U.S.C. 1703(a)) is amended-- (1) by striking ``on and after July 1, 1939,'' each place such term appears; and (2) by striking ``made after the effective date of the Housing Act of 1954''. (b) Authority of Secretary.--Subsection (c) of section 2 of the National Housing Act (12 U.S.C. 1703(c)) is amended to read as follows: ``(c) Handling and Disposal of Property.-- ``(1) Authority of secretary.--Notwithstanding any other provision of law, the Secretary may-- ``(A) deal with, complete, rent, renovate, modernize, insure, or assign or sell at public or private sale, or otherwise dispose of, for cash or credit in the Secretary's discretion, and upon such terms and conditions and for such consideration as the Secretary shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by the Secretary, in connection with the payment of insurance heretofore or hereafter granted under this title, including any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with the payment of insurance heretofore or hereafter granted under this section; and ``(B) pursue to final collection, by way of compromise or otherwise, all claims assigned to or held by the Secretary and all legal or equitable rights accruing to the Secretary in connection with the payment of such insurance, including unpaid insurance premiums owed in connection with insurance made available by this title. ``(2) Advertisements for proposals.--Section 3709 of the Revised Statutes shall not be construed to apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of such property if the amount thereof does not exceed $25,000. ``(3) Delegation of authority.--The power to convey and to execute in the name of the Secretary, deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real or personal property or any interest therein heretofore or hereafter acquired by the Secretary pursuant to the provisions of this title may be exercised by an officer appointed by the Secretary without the execution of any express delegation of power or power of attorney. Nothing in this subsection shall be construed to prevent the Secretary from delegating such power by order or by power of attorney, in the Secretary's discretion, to any officer or agent the Secretary may appoint.''. SEC. 8. REVISION OF UNDERWRITING CRITERIA. (a) In General.--Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraph: ``(10) Financial soundness of manufactured housing program.--The Secretary shall establish such underwriting criteria for loans and advances of credit in connection with a manufactured home or a lot on which to place a manufactured home (or both), including such loans and advances represented by obligations purchased by financial institutions, as may be necessary to ensure that the program under this title for insurance for financial institutions against losses from such loans, advances of credit, and purchases is financially sound.''. (b) Timing.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall revise the existing underwriting criteria for the program referred to in paragraph (10) of section 2(b) of the National Housing Act (as added by subsection (a) of this section) in accordance with the requirements of such paragraph. Passed the House of Representatives July 25, 2006. Attest: KAREN L. HAAS, Clerk.

FHA Manufactured Housing Loan Modernization Act of 2006 - Amends the National Housing Act with respect to Federal Housing Administration (FHA) housing loan insurance for manufactured homes (or lots for such homes). Exempts such loans from certain financial institution portfolio limits, increasing an allowable claim for loss from 10% to 90% of an institution's total amount of such loans, credit advances, and purchases. Makes any new contract of insurance for such loans, credit advances, or purchases conclusive evidence of an institution's insurance eligibility. (Thus requires each loan to be insured individually instead of as part of a bundle of such loans.) Increases loan limits, requiring annual indexing. Sets forth borrower premium charges, including an up-front premium of up to 2.25% and an annual premium of up to 1%. Revises requirements for the handling and disposal of any real or personal conveyed to or acquired by the Secretary of Housing and Urban Development (HUD), and the pursuit of all claims against mortgagors assigned to the Secretary by mortgagees. Directs the Secretary of HUD to establish underwriting criteria that will ensure the manufactured housing program's financial soundness.

To modernize the manufactured housing loan insurance program under title I of the National Housing Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Investment and Response Enhancement (FIRE) Act''. SEC. 2. FINDINGS. Congress finds that-- (1) increased demands on firefighting personnel have made it difficult for local governments to adequately fund necessary fire safety precautions; (2) the Federal Government has an obligation to protect the health and safety of the firefighting personnel of the United States and to ensure that the personnel have the financial resources to protect the public; and (3) the high rates in the United States of death, injury, and property damage caused by fires demonstrates a critical need for Federal investment in support of firefighting personnel. SEC. 3. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following: ``SEC. 33. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT. ``(a) Definition of Firefighting Personnel.--In this section, the term `firefighting personnel' means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments. ``(b) Assistance Program.-- ``(1) Authority.--In accordance with this section, the Director may-- ``(A) make grants on a competitive basis to fire departments for the purpose of protecting the health and safety of the public and firefighting personnel against fire and fire-related hazards; and ``(B) provide assistance for fire prevention programs in accordance with paragraph (4). ``(2) Establishment of office for administration of assistance.--Before providing assistance under paragraph (1), the Director shall establish an office in the Federal Emergency Management Agency that shall have the duties of establishing specific criteria for the selection of recipients of the assistance, and administering the assistance, under this section. ``(3) Use of fire department grant funds.--The Director may make a grant under paragraph (1)(A) only if the applicant for the grant agrees to use the grant funds-- ``(A) to hire additional firefighting personnel; ``(B) to train firefighting personnel in firefighting, emergency response, arson prevention and detection, or the handling of hazardous materials, or to train firefighting personnel to provide any of the training described in this subparagraph; ``(C) to fund the creation of rapid intervention teams to protect firefighting personnel at the scenes of fires and other emergencies; ``(D) to certify fire inspectors; ``(E) to establish wellness and fitness programs for firefighting personnel to ensure that the firefighting personnel can carry out their duties; ``(F) to fund emergency medical services provided by fire departments; ``(G) to acquire additional firefighting vehicles, including fire trucks; ``(H) to acquire additional firefighting equipment, including equipment for communications and monitoring; ``(I) to acquire personal protective equipment required for firefighting personnel by the Occupational Safety and Health Administration, and other personal protective equipment for firefighting personnel; ``(J) to modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel; ``(K) to enforce fire codes; ``(L) to fund fire prevention programs; or ``(M) to educate the public about arson prevention and detection. ``(4) Fire prevention programs.-- ``(A) In general.--For each fiscal year, the Director shall use not less than 10 percent of the funds made available under subsection (c)-- ``(i) to make grants to fire departments for the purpose described in paragraph (3)(L); and ``(ii) to make grants to, or enter into contracts or cooperative agreements with, national, State, local, or community organizations that are recognized for their experience and expertise with respect to fire prevention or fire safety programs and activities, for the purpose of carrying out fire prevention programs. ``(B) Priority.--In selecting organizations described in subparagraph (A)(ii) to receive assistance under this paragraph, the Director shall give priority to organizations that focus on prevention of injuries to children from fire. ``(5) Application.--The Director may provide assistance to a fire department or organization under this subsection only if the fire department or organization seeking the assistance submits to the Director an application in such form and containing such information as the Director may require. ``(6) Matching requirement.--The Director may provide assistance under this subsection only if the applicant for the assistance agrees to match with an equal amount of non-Federal funds 10 percent of the assistance received under this subsection for any fiscal year. ``(7) Maintenance of expenditures--The Director may provide assistance under this subsection only if the applicant for the assistance agrees to maintain in the fiscal year for which the assistance will be received the applicant's aggregate expenditures for the uses described in paragraph (3) or (4) at or above the average level of such expenditures in the 2 fiscal years preceding the fiscal year for which the assistance will be received. ``(8) Report to the director.--The Director may provide assistance under this subsection only if the applicant for the assistance agrees to submit to the Director a report, including a description of how the assistance was used, with respect to each fiscal year for which the assistance was received. ``(9) Variety of fire department grant recipients.--The Director shall ensure that grants under paragraph (1)(A) for a fiscal year are made to a variety of fire departments, including, to the extent that there are eligible applicants-- ``(A) paid, volunteer, and combination fire departments; ``(B) fire departments located in communities of varying sizes; and ``(C) fire departments located in urban, suburban, and rural communities. ``(10) Limitation on expenditures for firefighting vehicles.--The Director shall ensure that not more than 25 percent of the assistance made available under this subsection for a fiscal year is used for the use described in paragraph (3)(G). ``(c) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the Director $1,000,000,000 for each of fiscal years 2000 through 2005. ``(2) Limitation on administrative costs.--Of the amounts made available under paragraph (1) for a fiscal year, the Director may use not more than 10 percent for the administrative costs of carrying out this section.''.

Requires: (1) ten percent non-Federal matching funds; (2) each grantee to report to the Director on grant uses; and (3) grants to be made to a variety of recipients, including paid and volunteer firefighters and urban, suburban, and rural. Authorizes appropriations for FY 2000 through 2005.

Firefighter Investment and Response Enhancement (FIRE) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``SEC Regulatory Accountability Act''. SEC. 2. CONSIDERATION BY THE SECURITIES AND EXCHANGE COMMISSION OF THE COSTS AND BENEFITS OF ITS REGULATIONS AND CERTAIN OTHER AGENCY ACTIONS. Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by adding at the end the following: ``(e) Consideration of Costs and Benefits.-- ``(1) In general.--Before issuing a regulation under the securities laws, as defined in section 3(a), the Commission shall-- ``(A) clearly identify the nature and source of the problem that the proposed regulation is designed to address, as well as assess the significance of that problem, to enable assessment of whether any new regulation is warranted; ``(B) utilize the Chief Economist to assess the costs and benefits, both qualitative and quantitative, of the intended regulation and propose or adopt a regulation only on a reasoned determination that the benefits of the intended regulation justify the costs of the regulation; ``(C) identify and assess available alternatives to the regulation that were considered, including modification of an existing regulation, together with an explanation of why the regulation meets the regulatory objectives more effectively than the alternatives; and ``(D) ensure that any regulation is accessible, consistent, written in plain language, and easy to understand and shall measure, and seek to improve, the actual results of regulatory requirements. ``(2) Considerations and actions.-- ``(A) Required actions.--In deciding whether and how to regulate, the Commission shall assess the costs and benefits of available regulatory alternatives, including the alternative of not regulating, and choose the approach that maximizes net benefits. Specifically, the Commission shall-- ``(i) consistent with the requirements of section 3(f) (15 U.S.C. 78c(f)), section 2(b) of the Securities Act of 1933 (15 U.S.C. 77b(b)), section 202(c) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(c)), and section 2(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(c)), consider whether the rulemaking will promote efficiency, competition, and capital formation; ``(ii) evaluate whether, consistent with obtaining regulatory objectives, the regulation is tailored to impose the least burden on society, including market participants, individuals, businesses of differing sizes, and other entities (including State and local governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations; and ``(iii) evaluate whether the regulation is inconsistent, incompatible, or duplicative of other Federal regulations. ``(B) Additional considerations.--In addition, in making a reasoned determination of the costs and benefits of a potential regulation, the Commission shall, to the extent that each is relevant to the particular proposed regulation, take into consideration the impact of the regulation on-- ``(i) investor choice; ``(ii) market liquidity in the securities markets; and ``(iii) small businesses. ``(3) Explanation and comments.--The Commission shall explain in its final rule the nature of comments that it received, including those from the industry or consumer groups concerning the potential costs or benefits of the proposed rule or proposed rule change, and shall provide a response to those comments in its final rule, including an explanation of any changes that were made in response to those comments and the reasons that the Commission did not incorporate those industry group concerns related to the potential costs or benefits in the final rule. ``(4) Review of existing regulations.--Not later than 1 year after the date of enactment of the SEC Regulatory Accountability Act, and every 5 years thereafter, the Commission shall review its regulations to determine whether any such regulations are outmoded, ineffective, insufficient, or excessively burdensome, and shall modify, streamline, expand, or repeal them in accordance with such review. In reviewing any regulation (including, notwithstanding paragraph (6), a regulation issued in accordance with formal rulemaking provisions) that subjects issuers with a public float of $250,000,000 or less to the attestation and reporting requirements of section 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)), the Commission shall specifically take into account the large burden of such regulation when compared to the benefit of such regulation. ``(5) Post-adoption impact assessment.-- ``(A) In general.--Whenever the Commission adopts or amends a regulation designated as a `major rule' within the meaning of section 804(2) of title 5, United States Code, it shall state, in its adopting release, the following: ``(i) The purposes and intended consequences of the regulation. ``(ii) Appropriate post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and to measure the extent to which the regulation has accomplished the stated purposes. ``(iii) The assessment plan that will be used, consistent with the requirements of subparagraph (B) and under the supervision of the Chief Economist of the Commission, to assess whether the regulation has achieved the stated purposes. ``(iv) Any unintended or negative consequences that the Commission foresees may result from the regulation. ``(B) Requirements of assessment plan and report.-- ``(i) Requirements of plan.--The assessment plan required under this paragraph shall consider the costs, benefits, and intended and unintended consequences of the regulation. The plan shall specify the data to be collected, the methods for collection and analysis of the data and a date for completion of the assessment. The assessment plan shall include an analysis of any jobs added or lost as a result of the regulation, differentiating between public and private sector jobs. ``(ii) Submission and publication of report.--The Chief Economist shall submit the completed assessment report to the Commission no later than 2 years after the publication of the adopting release, unless the Commission, at the request of the Chief Economist, has published at least 90 days before such date a notice in the Federal Register extending the date and providing specific reasons why an extension is necessary. Within 7 days after submission to the Commission of the final assessment report, it shall be published in the Federal Register for notice and comment. Any material modification of the plan, as necessary to assess unforeseen aspects or consequences of the regulation, shall be promptly published in the Federal Register for notice and comment. ``(iii) Data collection not subject to notice and comment requirements.--If the Commission has published its assessment plan for notice and comment, specifying the data to be collected and method of collection, at least 30 days prior to adoption of a final regulation or amendment, such collection of data shall not be subject to the notice and comment requirements in section 3506(c) of title 44, United States Code (commonly referred to as the Paperwork Reduction Act). Any material modifications of the plan that require collection of data not previously published for notice and comment shall also be exempt from such requirements if the Commission has published notice for comment in the Federal Register of the additional data to be collected, at least 30 days prior to initiation of data collection. ``(iv) Final action.--Not later than 180 days after publication of the assessment report in the Federal Register, the Commission shall issue for notice and comment a proposal to amend or rescind the regulation, or publish a notice that the Commission has determined that no action will be taken on the regulation. Such a notice will be deemed a final agency action. ``(6) Covered regulations and other agency actions.--Solely as used in this subsection, the term `regulation'-- ``(A) means an agency statement of general applicability and future effect that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency, including rules, orders of general applicability, interpretive releases, and other statements of general applicability that the agency intends to have the force and effect of law; and ``(B) does not include-- ``(i) a regulation issued in accordance with the formal rulemaking provisions of section 556 or 557 of title 5, United States Code; ``(ii) a regulation that is limited to agency organization, management, or personnel matters; ``(iii) a regulation promulgated pursuant to statutory authority that expressly prohibits compliance with this provision; and ``(iv) a regulation that is certified by the agency to be an emergency action, if such certification is published in the Federal Register.''. SEC. 3. SENSE OF CONGRESS RELATING TO OTHER REGULATORY ENTITIES. It is the sense of the Congress that the Public Company Accounting Oversight Board should also follow the requirements of section 23(e) of such Act, as added by this title. SEC. 4. ACCOUNTABILITY PROVISION RELATING TO OTHER REGULATORY ENTITIES. A rule adopted by the Municipal Securities Rulemaking Board or any national securities association registered under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3) shall not take effect unless the Securities and Exchange Commission determines that, in adopting such rule, the Board or association has complied with the requirements of section 23(e) of such Act, as added by section 2, in the same manner as is required by the Commission under such section 23(e). Passed the House of Representatives May 17, 2013. Attest: KAREN L. HAAS, Clerk.

SEC Regulatory Accountability Act - (Sec. 2) Amends the Securities Exchange Act of 1934 (Act) to direct the Securities and Exchange Commission (SEC), before issuing a regulation under the securities laws, to: (1) identify the nature and source of the problem that the proposed regulation is designed to address in order to assess whether any new regulation is warranted; (2) use the SEC Chief Economist to assess the costs and benefits of the intended regulation and adopt it only upon a reasoned determination that its benefits justify the costs; (3) identify and assess the available alternatives that were considered; and (4) ensure that any regulation is accessible, consistent, written in plain language, and easy to understand. Requires the SEC to: (1) consider whether the rulemaking will promote efficiency, competition, and capital formation; (2) consider the impact of the regulation upon investor choice, market liquidity, and small business; (3) explain in its final rule the nature of comments received concerning the proposed rule or rule change; and (4) respond to those comments, explaining any changes made in response and the reasons that it did not incorporate industry group concerns regarding potential costs or benefits. Requires the SEC to: (1) review periodically its existing regulations to determine if they are outmoded, ineffective, insufficient, or excessively burdensome; and (2) modify, streamline, expand, or repeal them. Requires the SEC, whenever it adopts or amends a major rule, to state in its adopting release: (1) the purposes and intended consequences of the regulation, (2) the post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and the extent to which it has accomplished the stated purposes, (3) the assessment plan that will be used under the supervision of the Chief Economist to assess whether the regulation has achieved those purposes, and (4) any foreseeable unintended or negative consequences. Requires the assessment plan to: (1) consider the costs, benefits, and intended and unintended consequences of the regulation; (2) specify the data to be collected, the methods for its collection and analysis, and an assessment completion date; and (3) analyze jobs added or lost as a result of the regulation, differentiating between public and private sector jobs. Waives notice and comment requirements for the data collection if the SEC has published its assessment plan for notice and comment at least 30 days before adoption of a final regulation or amendment. (Sec. 3) Expresses the sense of Congress that the Public Company Accounting Oversight Board should also follow the requirements set forth by this Act. (Sec. 4) Prohibits a rule adopted by either the Municipal Securities Rulemaking Board or any registered national securities association from taking effect unless the SEC determines that, in adopting such rule, such entities have complied with the requirements of this Act.

SEC Regulatory Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ravi Thackurdeen Safe Students Study Abroad Act''. SEC. 2. APPLICATION OF CLERY ACT TO PROGRAMS OF STUDY ABROAD. (a) Reporting of Crime Statistics.--Paragraph (12) of section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting a semicolon; and (3) by adding at the end the following: ``(E) while a student is participating in a program of study abroad approved for credit by an institution of higher education, distinguished by whether the criminal offense occurred at a location described in subparagraph (A), (B), (C), or (D) or at another location, without regard to whether the institution owns or controls a building or property at such location.''. (b) Additional Reporting for Programs of Study Abroad.--Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by redesignating paragraph (18) as paragraph (19); and (2) by inserting after paragraph (17), the following new paragraph: ``(18)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1), a statement that the institution has adopted and implemented a program to protect students participating in a program of study abroad approved for credit by the institution from crime and harm while participating in such program of study abroad that, at a minimum, includes the following: ``(i) A biennial review by the institution of the programs of study abroad approved for credit by the institution to determine-- ``(I) the effectiveness of the programs at protecting students from crime and harm, and whether changes to the programs are needed (based on the most recent guidance or other assistance from the Secretary) and will be implemented; ``(II) for the 10 years preceding the date of the report, the number (in the aggregate for all programs of study abroad approved for credit by the institution) of-- ``(aa) deaths of program participants resulting during program participation; ``(bb) accidents and illnesses occurring during program participation that resulted in hospitalization; ``(cc) sexual assaults against program participants occurring during program participation; and ``(dd) incidents involving program participants during the program participation that resulted in police involvement or a police report; and ``(III) with respect to the incidents described in items (aa) through (dd) of subclause (II), whether the incidents occurred-- ``(aa) on campus; ``(bb) in or on a noncampus building or property; ``(cc) on public property; ``(dd) in dormitories or other residential facilities for students; or ``(ee) at a location not described in items (aa) through (dd) of this subclause, without regard to whether the institution owns or controls a building or property at the location. ``(ii) The crime statistics described in paragraph (12)(E). ``(B) An institution of higher education described in subparagraph (A) shall-- ``(i) provide each student who is interested in participating in a program of study abroad approved for credit by the institution, with a pre-trip orientation session and advising that includes-- ``(I) a list of countries in which such programs of study abroad are located; ``(II) all current travel information, including all travel warnings and travel alerts, issued by the Bureau of Consular Affairs of the Department of State for such countries; and ``(III) the information described in clauses (i) and (ii) of subparagraph (A), provided specifically for each program of study abroad approved for credit by the institution in which the student is considering participation; and ``(ii) provide each student who returns from such a program of study abroad with a post-trip orientation session, including an exit interview that assists the institution in carrying out subparagraph (A) and clause (i) of this subparagraph. ``(C) An institution of higher education shall not disaggregate or otherwise distinguish information for purposes of subparagraph (A) or (B) in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. ``(D) The Secretary shall periodically review a representative sample of the programs described in subparagraph (A) that have been adopted and implemented by institutions of higher education to protect students participating in a program of study abroad described in subparagraph (A) from crime and harm while participating in such program of study abroad.''.

Ravi Thackurdeen Safe Students Study Abroad Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require an institution of higher education (IHE), other than a foreign IHE, that is participating in the programs under title IV to distinguish, in its annual campus security report on crime statistics, crimes that occur while a student is participating in an approved study abroad program, without regard to whether the IHE owns or controls a building or property at the location where the crime occurred. Requires such IHEs to develop and distribute, as part of their annual security report provided to students and employees, a statement that the IHE has adopted and implemented a program to protect students participating in an approved study abroad program from crime and harm. Requires each student protection program to include: a biennial review by the IHE of its study abroad programs to determine their effectiveness in protecting students from crime and harm and the number of deaths and sexual assaults of program participants, accidents and illnesses occurring during program participation, and incidents resulting in police involvement during the preceding 10 years; and the crime statistics IHEs are required to include in their annual campus security report. Requires such IHEs to: provide each student who is interested in participating in an approved study abroad program with a pre-trip orientation session and information regarding the countries in which the programs are located and the incidents and crime statistics they are required to include in their protection program for students studying abroad; and provide each student who returns from such a study abroad program with a post-trip orientation session, including an exit interview that assists the IHE in carrying out its program to protect students studying abroad. Directs the Secretary to periodically review a representative sample of those student protection programs.

Ravi Thackurdeen Safe Students Study Abroad Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Television Consumer Education Act''. SEC. 2. LABELING AND CONSUMER EDUCATION. Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Labeling and Consumer Education.-- ``(1) Requirements for manufacturers.--Effective 180 days after the date of enactment of the Digital Television Consumer Education Act, any manufacturer of any television receiving equipment described in section 303(s) that does not include a digital tuner shall-- ``(A) place a label on any television screen, removable by the purchaser, that displays in clear and conspicuous print, the following consumer advisory label: `After February 17, 2009, this television will receive broadcast television signals only by using additional equipment. For more information, call the Federal Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the Commission's website at: www.dtv.gov or www.fcc.gov. Despues del 17 de Febrero del 2009, este televisor solo podra recibir senales de emisoras de television unicamente con la ayuda de equipo adicional. Si requiere mas informacion, llame a la Comision Federal de Comunicaciones al 1-888- 225-5322 (TTY: 1-888-835-5322) o visite el sitio web de la Comision en: www.dtv.gov o www.fcc.gov '; and ``(B) place such advisory label permanently and conspicuously on the outside of the retail packaging of such television set. ``(2) Requirements for retail distributors and other vendors.-- ``(A) Retail distributors.--Any retail distributor of any television receiving equipment described in section 303(s) that does not include a digital tuner shall-- ``(i) effective 180 days after the date of enactment of the Digital Television Consumer Education Act, place adjacent to each unit of such equipment that such distributor displays for sale or rent a consumer advisory label as provided by the manufacturer pursuant to paragraph (1), except that such distributor shall not be required to affix such label to the television screen on such equipment, as long as the label is-- ``(I) in the close vicinity of, and associated with, the unit on display; and ``(II) clearly visible to consumers; and ``(ii) effective 90 days after the enactment of the Digital Television Consumer Education Act, provide information to consumers, on signs and in pamphlet form, in the display area for product categories that include any television receiving equipment described in section 303(s) that does not include a digital tuner television, sufficient to convey the information carried in the consumer advisory label. Such signs and pamphlets shall also include information on recycling old televisions and other consumer electronics. ``(B) Other vendors.--Effective 180 days after the date of enactment of the Digital Television Consumer Education Act, any seller via direct mail, catalog, or electronic means, such as the Internet, of any television receiving equipment described in section 303(s) that does not include a digital tuner, shall include in clear and conspicuous print the consumer advisory label required by paragraph (1) at the point of display for the apparatus, or, if there is no display, at the point of sale. Such information shall also include information on recycling old televisions and other consumer electronics. ``(3) Other devices.--For devices other than television sets that are included in section 303(s) and that contain an analog tuner, but not a digital tuner, the Commission shall require the clear and conspicuous placement of a comparable consumer advisory label on such devices, as well as on the outside of the retail packaging of such devices. ``(4) Additional disclosures.-- ``(A) Announcements and notices required.--From November 1, 2007, through March 31, 2009-- ``(i) each television broadcaster shall air, at a minimum, 120 seconds per day of public service announcements between the hours of 6 a.m. and 11:35 p.m., at variable time slots throughout the week, with at least half aired between the hours of 5 p.m. and 11:35 p.m.; and ``(ii) any multichannel video program distributor shall include a notice in or with each periodic bill. ``(B) Content of announcements and notices.--The announcements and notices required by this paragraph shall educate consumers about the deadline for termination of analog television broadcasting and the equipment options consumers have after such termination. Announcements aired and notices distributed after January 1, 2008, shall also educate consumers about the need for and availability of the converter box voucher program and the steps to redeem the voucher. ``(5) Advisory committee.-- ``(A) Establishment.--The Commission shall, after consultation with the National Telecommunications and Information Administration and the Federal Trade Commission, create a DTV Transition Federal Advisory Committee to lead the effort to educate the public about the digital television transition and to ensure that the public knows the information described in paragraph (3)(B). Such consumer education shall commence no later than September 1, 2007. ``(B) Composition.--The committee shall be composed of representatives from the following groups: commercial broadcasters, noncommercial broadcasters, cable operators, satellite providers, retailers and manufacturers of consumer electronics equipment, electronic recyclers, minority groups, Hispanic Americans, Americans whose primary language is not English, Americans with disabilities, Americans living in rural communities, general business, senior citizens, commercial advertising, and consumers in general. ``(C) Advisory committee role.--The committee shall-- ``(i) develop a comprehensive education plan for consumers regarding the digital television transition which includes-- ``(I) specific and targeted messages to reach various consumer constituencies (such as low income, minorities, Spanish-speaking, and the elderly); ``(II) best methods to deliver the message to affected consumers; ``(III) implementation of the plan; ``(IV) website information and toll-free numbers; and ``(V) information on recycling old televisions and other consumer electronics; ``(ii) coordinate with stakeholders to ensure that the transition is properly implemented; and ``(iii) report to Congress every 6 months on how the transition is progressing. ``(D) First meeting.--The advisory committee shall conduct its first meeting within 60 days after the date of enactment of the Digital Television Consumer Education Act. ``(6) Commission information services.--The Commission's toll-free number for consumers information and the Commission's Internet website shall provide information concerning the digital television transition, in the English and Spanish languages, not later than September 1, 2007.''.

Digital Television Consumer Education Act - Amends the Communications Act of 1934 to require manufacturers of television receiving equipment (TVs) that does not include a digital tuner to: (1) place an advisory label on its screen stating that, after February 17, 2009, such TV will receive TV signals only by using additional equipment; and (2) place such label permanently and conspicuously on the outside of the TV packaging. Provides related advisory requirements for retail distributors and other vendors. Requires broadcaster public service announcements about the deadline for termination of analog TV broadcasting and the equipment options for consumers following such termination. Directs the Federal Communications Commission (FCC) to create a DTV Transition Federal Advisory Committee to educate the public about the digital television transition. Requires such education to commence by September 1, 2007.

To provide American consumers information about the broadcast television transition from an analog to a digital format.

SECTION 1. ESTABLISHMENT OF A TICK-BORNE DISEASES ADVISORY COMMITTEE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish within the Office of the Secretary an advisory committee to be known as the Tick-Borne Diseases Advisory Committee (referred to in this section as the ``Committee''). (b) Applicability of FACA.--The Tick-Borne Diseases Advisory Committee shall be treated as an advisory committee subject to the Federal Advisory Committee Act. (c) Duties.--The Committee shall advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can-- (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints is represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant Federal agencies on priorities related to the Lyme and tick-borne diseases. (d) Membership.-- (1) Appointed members.-- (A) In general.--The Secretary shall appoint the voting members of the Committee from among individuals who are not officers or employees of the Federal Government. (B) Groups.--The voting members of the Committee shall include the following: (i) At least 4 members from the scientific community representing the broad spectrum of viewpoints held within the scientific community related to Lyme and other tick-borne diseases. (ii) At least 2 representatives of tick- borne disease voluntary organizations. (iii) At least 2 health care providers, including at least 1 full-time practicing physician, with relevant experience providing care for individuals with a broad range of acute and chronic tick-borne diseases. (iv) At least 2 patient representatives who are individuals who have been diagnosed with a tick-borne disease or who have had an immediate family member diagnosed with such a disease. (v) At least 2 representatives of State and local health departments from States with the highest incidence of Lyme disease or where Lyme disease is recognized as an emerging threat, or national organizations that represent State and local health professionals. (C) Diversity.--In appointing members under this paragraph, the Secretary shall ensure that such members, as a group, represent a diversity of scientific perspectives relevant to the duties of the Committee. (2) Ex officio members.--The Secretary shall designate, as nonvoting, ex officio members of the Committee, representatives overseeing tick-borne disease activities from each of the following Federal agencies: (A) The Centers for Disease Control and Prevention. (B) The National Institutes of Health. (C) The Agency for Healthcare Research and Quality. (D) The Food and Drug Administration. (E) The Office of the Assistant Secretary for Health. (F) Such additional Federal agencies as the Secretary determines to be appropriate. (3) Co-chairpersons.--The Secretary shall designate the Assistant Secretary for Health as the co-chairperson of the Committee. The appointed members of the Committee shall also elect a public co-chairperson. The public co-chairperson shall serve a 2-year term. (4) Term of appointment.--The term of service for each member of the Committee appointed under paragraph (1) shall be 4 years. (5) Vacancy.--A vacancy in the membership of the Committee shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (e) Meetings.--The Committee shall hold public meetings after providing notice to the public of such meetings, and shall meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items with respect to such meetings may be added at the request of the members of the Committee, including the co- chairpersons. Meetings shall be conducted, and records of the proceedings shall be maintained, as required by applicable law and by regulations of the Secretary. (f) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Committee, through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, shall submit a report to the Secretary. Each such report shall contain, at a minimum-- (1) a description of the Committee's functions; (2) a list of the Committee's members and their affiliations; and (3) a summary of the Committee's activities and recommendations during the previous year, including any significant issues regarding the functioning of the Committee. (g) Authorization of Appropriations.--Of the amounts made available to the Department of Health and Human Services for general departmental management for fiscal years 2015 through 2019, there is authorized to be appropriated $250,000 for each of such fiscal years to carry out this Act. Amounts made available to carry out this Act shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act, except that no voting member of the Committee shall be a permanent salaried employee of the Federal Government.

Requires the Department of Health and Human Services (HHS) to establish the Tick-Borne Diseases Advisory Committee to advise HHS on how to: (1) ensure coordination with other federal agencies, private organizations, and constituency groups regarding efforts to address tick-borne diseases; (2) ensure that a broad spectrum of scientific viewpoints is represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (3) advise relevant federal agencies on priorities related to tick-borne diseases.

To provide for the establishment of the Tick-Borne Diseases Advisory Committee.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nunn-Lugar Cooperative Threat Reduction Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The possession by hostile states or terrorist groups of nuclear, chemical, and biological weapons of mass destruction or related materials or means of delivery represents the greatest threat to the national security of the United States in the 21st century. (2) It is the highest priority of the United States to protect its territory, people, armed forces, allies, and friends from attacks by dangerous regimes or terrorist groups using weapons of mass destruction or related materials or means of delivery. (3) It is the policy of the United States to ensure and strengthen verification and compliance with the Treaty on the Non-proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the ``Nuclear Non-Proliferation Treaty''), the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with Annexes, done at Paris January 13, 1993, and entered into force April 29, 1997 (commonly known as the ``Chemical Weapons Convention''), the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, done at Washington, London, and Moscow April 10, 1972, and entered into force March 26, 1975 (commonly known as the ``Biological Weapons Convention''), the safeguards system of the International Atomic Energy Agency (IAEA), and the commitments and control lists of the Missile Technology Control Regime (MTCR), the Australia Group (AG), the Nuclear Suppliers Group (NSG), and the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (WA). (4) The national security interests of the United States have been well-served by the enactment of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note), (commonly known as the ``Nunn-Lugar Act''), its successor law, the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 22 U.S.C. 5951 note), and the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104-201; 50 U.S.C. 2301 et seq.), (commonly known as the ``Nunn-Lugar-Domenici Act''). (5) The Nunn-Lugar Cooperative Threat Reduction program has, as of October 2004-- (A) deactivated 6,462 nuclear warheads; (B) destroyed 550 intercontinental ballistic missiles; (C) eliminated 469 intercontinental ballistic missile silos; (D) destroyed 13 mobile intercontinental ballistic missile launchers; (E) eliminated 135 bombers; (F) destroyed 733 nuclear air-to-surface missiles; (G) eliminated 408 submarine-launched ballistic missile launchers; (H) eliminated 530 submarine-launched ballistic missiles; (I) destroyed 27 strategic nuclear submarines; and (J) sealed 194 nuclear test tunnels or holes. (6) On February 11, 2004, President George W. Bush called for the expansion of the Nunn-Lugar Cooperative Threat Reduction program, stating: ``I propose to expand our efforts to keep weapons from the Cold War and other dangerous materials out of the wrong hands. In 1991, Congress passed the Nunn-Lugar legislation. Senator Lugar had a clear vision, along with Senator Nunn, about what to do with the old Soviet Union. Under this program, we're helping former Soviet states find productive employment for former weapons scientists. We're dismantling, destroying, and securing weapons and materials left over from the Soviet WMD arsenal. We have more work to do there.'' SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) all United States capabilities must be utilized to prevent acts of catastrophic terrorism using weapons of mass destruction or related materials or means of delivery; (2) in order to prevent acts of catastrophic terrorism using weapons of mass destruction or related materials or means of delivery, the United States must pursue a strategy making full and effective use of multilateral and bilateral agreements, export controls, missile defense, arms control, threat reduction assistance, interdiction efforts, export controls, and United States proliferation sanctions; (3) the United States must not allow the world's most dangerous weapons to fall into the hands of dangerous regimes and terrorist groups; (4) the United States must hold nations accountable for all violations of international nonproliferation treaties, norms, and standards of conduct, and to the extent that it is consistent with United States law and policy, provide assistance to ensure that such treaties, norms, and standards of conduct are upheld rather than violated; and (5) the President must be provided the authority to use Nunn-Lugar Cooperative Threat Reduction funds in a manner consistent with the high value Congress and the President have placed on Cooperative Threat Reduction programs to reduce the threat posed to the national security of the United States and international peace and security by the proliferation of weapons of mass destruction or related materials or means of delivery. SEC. 4. COOPERATIVE THREAT REDUCTION PROGRAMS DEFINED. In this Act, the term ``Cooperative Threat Reduction programs'' means programs and activities specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note). SEC. 5. REPEAL OF RESTRICTIONS. (a) Soviet Nuclear Threat Reduction Act of 1991.--Section 211(b) of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note) is repealed. (b) Cooperative Threat Reduction Act of 1993.--Section 1203(d) of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is repealed. (c) Russian Chemical Weapons Destruction Facilities.--Section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is repealed. SEC. 6. INAPPLICABILITY OF OTHER RESTRICTIONS. Section 502 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 102-511; 106 Stat. 3338; 22 U.S.C. 5852) shall not apply to any Cooperative Threat Reduction program. SEC. 7. EXEMPTION FROM LIMITATIONS. Cooperative Threat Reduction programs may be carried out notwithstanding any other provision of law, subject to congressional notification and reporting requirements that apply to the use of funds available for Cooperative Threat Reduction programs or the carrying out of projects or activities under such programs. SEC. 8. MODIFICATIONS OF AUTHORITY TO USE COOPERATIVE THREAT REDUCTION PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION. Section 1308 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1662; 22 U.S.C. 5963) is amended-- (1) by striking ``President'' each place it appears and inserting ``Secretary of Defense''; (2) in subsection (a)-- (A) by striking paragraph (2); and (B) by striking ``each of the following'' and all that follows through the end and inserting the following: ``that such project or activity will-- ``(1)(A) assist the United States in the resolution of a critical emerging proliferation threat; or ``(B) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals; and ``(2) be completed in a short period of time.''; (3) by striking subsections (c) and (d); and (4) by redesignating subsection (e) as subsection (c). SEC. 9. SPECIAL REPORTS ON ADHERENCE TO ARMS CONTROL AGREEMENTS AND NONPROLIFERATION COMMITMENTS. (a) Reports Required.--At least annually, the Secretary of State shall submit to the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate and the Committee on International Relations, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives a report on each country in which a Cooperative Threat Reduction program is being carried out. The report shall describe that country's commitments to-- (1) making substantial national investments in infrastructure to secure, safeguard, and destroy weapons of mass destruction; (2) forgoing any military modernization exceeding legitimate defense requirements, including replacement of weapons of mass destruction; (3) forgoing any use of fissionable materials or any other components of deactivated nuclear weapons in a new nuclear weapons program; (4) complying with all relevant arms control agreements; (5) adopting and enforcing national and international export controls over munitions and dual-use items; and (6) facilitating the verification by the United States and international community of that country's compliance with such commitments. (b) Form.--The reports required under subsection (a) may be submitted with the reports required under section 403 of the Arms Control and Disarmament Act (Public Law 87-297; 22 U.S.C. 2593a).

Nunn-Lugar Cooperative Threat Reduction Act of 2004 - Amends the Soviet Nuclear Threat Reduction Act of 1991, the Cooperative Threat Reduction Act of 1993, and the National Defense Authorization Act for Fiscal Year 2000, respectively, to repeal specified restrictions on the use of Cooperative Threat Reduction program (program) funds and activities. Amends the the National Defense Authorization Act for Fiscal Year 2004 to modify authority to use program funds outside the former Soviet Union, including transferring such authority from the President to the Secretary of Defense. Directs the Secretary of State to report on each country in which a program is being carried out, including its adherence to arms control and nonproliferation agreements.

A bill to improve authorities to address urgent nonproliferation crises and United States nonproliferation operations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Land Sovereignty Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The power to dispose of and make all needful rules and regulations governing lands belonging to the United States is vested in the Congress under article IV, section 3, of the Constitution. (2) Some Federal land designations made pursuant to international agreements concern land use policies and regulations for lands belonging to the United States which under article IV, section 3, of the Constitution can only be implemented through laws enacted by the Congress. (3) Some international land designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, which have no legislative directives or authorization from the Congress. (4) Actions by the United States in making such designations may affect the use and value of nearby or intermixed non-Federal lands. (5) The sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power. (6) Private property rights are essential for the protection of freedom. (7) Actions by the United States to designate lands belonging to the United States pursuant to international agreements in some cases conflict with congressional constitutional responsibilities and State sovereign capabilities. (8) Actions by the President in applying certain international agreements to lands owned by the United States diminishes the authority of the Congress to make rules and regulations respecting these lands. (b) Purpose.--The purposes of this Act are the following: (1) To reaffirm the power of the Congress under article IV, section 3, of the Constitution over international agreements which concern disposal, management, and use of lands belonging to the United States. (2) To protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating lands pursuant to international agreements. (3) To ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal actions designating lands pursuant to international agreements for purposes of imposing restrictions on use of those lands. (4) To protect private interests in real property from diminishment as a result of Federal actions designating lands pursuant to international agreements. (5) To provide a process under which the United States may, when desirable, designate lands pursuant to international agreements. SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (Public Law 96-515; 94 Stat. 2987) is amended-- (1) in subsection (a) in the first sentence, by-- (A) striking ``The Secretary'' and inserting ``Subject to subsections (b), (c), (d), and (e), the Secretary''; and (B) inserting ``(in this section referred to as the `Convention')'' after ``1973''; and (2) by adding at the end the following new subsections: ``(d)(1) The Secretary of the Interior may not nominate any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention, unless-- ``(A) the Secretary finds with reasonable basis that commercially viable uses of the nominated lands, and commercially viable uses of other lands located within 10 miles of the nominated lands, in existence on the date of the nomination will not be adversely affected by inclusion of the lands on the World Heritage List, and publishes that finding; ``(B) the Secretary has submitted to the Congress a report describing-- ``(i) natural resources associated with the lands referred to in subparagraph (A); and ``(ii) the impacts that inclusion of the nominated lands on the World Heritage List would have on existing and future uses of the nominated lands or other lands located within 10 miles of the nominated lands; and ``(C) the nomination is specifically authorized by a law enacted after the date of enactment of the American Land Sovereignty Protection Act and after the date of publication of a finding under subparagraph (A) for the nomination. ``(2) The President may submit to the Speaker of the House of Representatives and the President of the Senate a proposal for legislation authorizing such a nomination after publication of a finding under paragraph (1)(A) for the nomination. ``(e) The Secretary of the Interior shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention, unless-- ``(1) the Secretary has submitted to the Speaker of the House of Representatives and the President of the Senate a report describing-- ``(A) the necessity for including that property on the list; ``(B) the natural resources associated with the property; and ``(C) the impacts that inclusion of the property on the list would have on existing and future uses of the property and other property located within 10 miles of the property proposed for inclusion; and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress after the date of submittal of the report required by paragraph (1). ``(f) The Secretary of the Interior shall submit an annual report on each World Heritage Site within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and of the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the site: ``(1) An accounting of all money expended to manage the site. ``(2) A summary of Federal full time equivalent hours related to management of the site. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the site. ``(4) A summary and account of the disposition of complaints received by the Secretary related to management of the site.''. SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following new section: ``Sec. 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(b) Any designation on or before the date of enactment of the American Land Sovereignty Protection Act of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve-- ``(1) is specifically authorized by a law enacted after that date of the enactment and before December 31, 2003; ``(2) consists solely of lands that on that date of enactment are owned by the United States; and ``(3) is subject to a management plan that specifically ensures that the designation does not adversly affect State or local government revenue, including revenue for public education programs, and that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. ``(c) The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains for the year covered by the report the following information for the reserve: ``(1) An accounting of all money expended to manage the reserve. ``(2) A summary of Federal full time equivalent hours related to management of the reserve. ``(3) A list and explanation of all nongovernmental organizations that contributed to the management of the reserve. ``(4) A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.''. SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the following new section: ``Sec. 404. (a) No Federal official may nominate, classify, or designate any lands owned by the United States and located within the United States for a special or restricted use under any international agreement unless such nomination, classification, or designation is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such a nomination, classification, or designation. ``(b) A nomination, classification, or designation, under any international agreement, of lands owned by a State or local government shall have no force or effect unless the nomination, classification, or designation is specifically authorized by a law enacted by the State or local government, respectively. ``(c) A nomination, classification, or designation, under any international agreement, of privately owned lands shall have no force or effect without the written consent of the owner of the lands. ``(d) This section shall not apply to-- ``(1) agreements established under section 16(a) of the North American Wetlands Conservation Act (16 U.S.C. 4413); and ``(2) conventions referred to in section 3(h)(3) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)). ``(e) In this section, the term `international agreement' means any treaty, compact, executive agreement, convention, bilateral agreement, or multilateral agreement between the United States or any agency of the United States and any foreign entity or agency of any foreign entity, having a primary purpose of conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna.''. SEC. 6. CLERICAL AMENDMENT. Section 401(b) of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''. SEC. 7. INTERNATIONAL AGREEMENTS CONCERNING THE DISPOSAL, MANAGEMENT, AND USE OF LANDS BELONGING TO THE UNITED STATES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the following new section: ``Sec. 405. No Federal official may enter into an agreement with any international or foreign entity (including any subsidiary thereof) providing for the disposal, management, and use of any lands owned by the United States and located within the United States unless such agreement is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such agreements.''. Passed the House of Representatives May 20, 1999. Attest: JEFF TRANDAHL, Clerk.

American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless: (1) the Secretary publishes a finding that commercially viable uses of nominated lands and lands within ten miles of them will not be adversely affected by such inclusion; (2) the Secretary has reported to Congress on the lands' natural resources and the impact that the inclusion would have on existing and future uses of such lands; and (3) such nomination is specifically authorized by a law. Authorizes the President to submit proposals for legislation authorizing such a nomination after publication of the Secretary's finding. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has reported to Congress on the necessity for such inclusion, the natural resources associated with the property, and the impact such inclusion would have on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of Congress enacted after the report is submitted. Directs the Secretary to submit an annual report to specified congressional committees on the management of each World Heritage Site within the United States. (Sec. 4) Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that any such designation before enactment of this Act shall not have any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted after enactment of this Act and before December 31, 2003; (2) consists solely of federally owned lands; and (3) is subject to a management plan that specifically ensures that the designation does not adversely affect State or local government revenue, including for public education programs, and that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Directs the Secretary of State to report annually to specified congressional committees information on the management of each Biosphere Reserve within the United States. (Sec. 5) Prohibits any Federal official from nominating, classifying, or designating any Federal land located within the United States for a special or restricted use under any international agreement for conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna (with specified exceptions) unless specifically authorized by law, but authorizes the Secretary to submit proposals for authorizing legislation. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively. (Sec. 7) Prohibits any Federal official from entering into an agreement with any international or foreign entity providing for the disposal, management, and use of any Federal lands located within the United States unless specifically authorized by law. Allows the President to submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such agreements.

American Land Sovereignty Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Transportation of Municipal Waste Act of 1993''. SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE. Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``interstate transportation of municipal waste ``Sec. 4011. (a) Authority To Restrict Out-of-State Municipal Waste Imports.-- ``(1) Authority to prohibit.--(A) Except as provided in subparagraph (B), a Governor may prohibit the disposal of out- of-State municipal waste in any landfill or incinerator that is subject to the jurisdiction of the Governor. ``(B) The authority to prohibit disposal of out-of-State municipal waste shall not apply to-- ``(i) landfills in operation on the date of enactment of this section that-- ``(I) received during calendar year 1991 documented shipments of out-of-State municipal waste; and ``(II) are in compliance with all applicable Federal and State laws (including any Federal or State rule or regulation) relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post- closure and corrective action; ``(ii) proposed landfills that, prior to January 1, 1993, received-- ``(I) an approval from either the affected local government or the local solid waste planning unit to receive municipal waste generated outside the jurisdiction of the affected local government, the solid waste planning unit, or the State in which the landfill is located; and ``(II) a notice of decision from the State to grant a construction permit; or ``(iii) incinerators in operation on the date of enactment of this section that-- ``(I) received, during calendar year 1991, documented shipments of out-of-State municipal waste; ``(II) are in compliance with the applicable requirements of section 129 of the Clean Air Act (42 U.S.C. 7429); and ``(III) are in compliance with all applicable Federal and State laws (including any Federal or State rule or regulation) relating to facility design, operations, and emissions. ``(2) Authority to limit.--Beginning with calendar year 1993, a Governor may-- ``(A) limit the quantity of out-of-State municipal waste received for disposal at each landfill or incinerator in the State to an annual quantity equal to the quantity of out-of-State municipal waste received for disposal at the landfill or incinerator during the calendar year 1991 or 1992, whichever is less; and ``(B) limit the disposal of out-of-State municipal waste at each landfill or incinerator in the State that received, during calendar year 1991 or 1992, documented shipments of more than 50,000 tons of out-of-State municipal waste representing more than 30 percent of all municipal waste received at the landfill or incinerator during the calendar year, by limiting the quantity of out-of-State municipal waste received for disposal at such landfill or incinerator to an annual quantity not greater than 30 percent of all municipal waste received at the landfill or incinerator during calendar year 1991 or 1992, whichever is less; ``(C) prohibit the disposal of out-of-State municipal waste in landfills that do not meet all applicable Federal and State laws (including any Federal or State rule or regulation) relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure and corrective action; and ``(D) prohibit the disposal of out-of-State municipal waste in incinerators that do not meet all applicable Federal and State laws (including any Federal or State rule or regulation) relating to facility design, operations, and emissions. ``(3) Authority to further limit.--Beginning with calendar year 1997, a Governor may further limit the disposal of out-of- State municipal waste as provided in paragraph (2)(B) by reducing the 30 percent annual quantity limitation to 20 percent in each of calendar years 1998 and 1999, and to 10 percent in each succeeding calendar year. ``(4) Authority with respect to industrial waste.--A Governor may exercise the authority provided in paragraphs (1), (2), and (3) with respect to any industrial waste that is to be disposed of at a landfill or incinerator that receives municipal solid waste. ``(5) Applicability and discrimination provisions.--Any limitation imposed by the Governor under paragraph (2)(A), paragraph (2)(B), or paragraph (3)-- ``(A) shall be applicable throughout the State; and ``(B) shall not discriminate against any shipments of out-of-State municipal waste on the basis of State of origin. ``(6) Determination of quantity of out-of-state municipal waste received in states exercising authority.--(A) Any Governor who intends to exercise the authority provided in this subsection shall, within 120 days after the date of enactment of this section, submit to the Administrator information documenting the quantity of out-of-State municipal waste received for disposal in the State of the Governor during calendar years 1991 and 1992. ``(B) On receipt of the information submitted pursuant to subparagraph (A), the Administrator shall notify the Governor of each State and the public and shall provide a comment period of not less than 30 days. ``(C) Not later than 180 days after the date of enactment of this section, the Administrator shall publish a list of the quantity of out-of-State municipal waste that was received during calendar years 1991 and 1992, at each landfill and incinerator in each State in which the Governor intends to exercise the authority provided in this subsection. ``(b) Authority To Restrict In-State Municipal Waste Exports.--(1) Except as provided in paragraph (2), a Governor of a State may limit or prohibit the exportation outside the State of municipal waste generated in the State, in accordance with the comprehensive waste management plan of the affected local solid waste planning unit, or, if such a plan does not exist, in accordance with State law. ``(2) A Governor may not limit or prohibit the exportation of materials consisting solely of materials that have been separated from municipal waste for recycling. ``(c) Delegation of Authority to Local Governments.--A Governor may delegate authority provided by subsection (a) or (b), or both, to an affected local government or to a local solid waste planning unit, if a local solid waste planning unit exists under State law. ``(d) Designation of Affected Local Government.--Within 90 days after the date of the enactment of this section, the Governor shall designate which entity listed in subsection (e)(1) shall serve as the affected local government for actions taken under subsections (a) and (b). If the Governor fails to make a designation, the affected local government for actions taken under this section shall be the city, town, borough, county, parish, or other political subdivision created pursuant to State law with primary jurisdiction over the land or the use of the land on which the landfill or incinerator concerned is located. ``(e) Definitions.--For purposes of this section: ``(1) The term `affected local government' means the elected officials of the city, town, borough, county, parish, or other political subdivision in which a landfill or incinerator is located. ``(2) The term `affected local solid waste planning unit' means a political subdivision of a State with authority relating to solid waste management planning in accordance with State law. ``(3) The term `out-of-State municipal waste' means, with respect to a State, municipal waste generated outside of the State. The term includes municipal waste generated outside of the United States. ``(4) The term `municipal waste' means refuse (and refuse- derived fuel) generated by the general public or from a residential, commercial, institutional, or industrial source (or any combination thereof), consisting of paper, wood, yard wastes, plastics, leather, rubber, or other combustible or noncombustible materials such as metal or glass (or any combination thereof). The term does not include-- ``(A) any solid waste identified or listed as a hazardous waste under section 3001; ``(B) any solid waste, including contaminated soil and debris, resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606) or a corrective action taken under this Act; ``(C) any metal, pipe, glass, plastic, paper, textile, or other material that has been separated or diverted from municipal waste and has been transported into the State for the purpose of recycling or reclamation; ``(D) any solid or industrial waste that is-- ``(i) generated by an industrial facility; and ``(ii) transported for the purpose of treatment, storage, or disposal to a facility that is owned or operated by the generator of the waste, or is located on property owned by the generator of a company with which the generator is affiliated; ``(E) any solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation; ``(F) any medical waste that is segregated from or not mixed with municipal waste; or ``(G) any material or product returned from a dispenser or distributor to the manufacturer for credit, evaluation, or possible reuse. ``(5) The term `industrial waste' means waste generated from manufacturing or industrial processing operations that is not identical to municipal waste with respect to the physical and chemical state of the waste and the composition of the waste. The term includes construction and demolition debris.''. SEC. 3. TABLE OF CONTENTS AMENDMENT. The table of contents of the Solid Waste Disposal Act is amended by adding at the end of the items relating to subtitle D the following new item: ``Sec. 4011. Interstate transportation of municipal waste.''.

Interstate Transportation of Municipal Waste Act of 1993 - Amends the Solid Waste Disposal Act to authorize a State Governor to prohibit the disposal of out-of-State municipal waste in any landfill or incinerator in the State. Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1991 and are in compliance with Federal and State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to January 1, 1993, received an approval from the affected local government or solid waste planning unit to receive municipal waste generated outside the jurisdiction of the local government, planning unit, or State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1991 and are in compliance with performance standards under the Clean Air Act and Federal and State laws relating to facility design, operations, and emissions. Authorizes State Governors, beginning in 1993, to further limit the quantity of out-of-State waste received for disposal, or the disposal of such waste, at specified landfills and incinerators. Applies the authorities of this Act to industrial waste to be disposed of at landfills or incinerators that receive municipal solid waste. Prohibits discrimination against shipments of out-of-State waste on the basis of State of origin. Authorizes a State Governor to limit or prohibit the exportation outside the State of municipal waste generated within the State.

Interstate Transportation of Municipal Waste Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Resources to Improve Dual Language Education Act of 2016'' or the ``PRIDE Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Dual language programs have been found to provide the greatest academic gains for limited English proficient children. (2) Children exposed to a second language through dual language education demonstrated higher performance, in comparison to their schoolmates in traditional classrooms. (3) Few children from low-income communities, particularly African-American children, have had access to a well-developed and well-implemented dual language program. (4) Children in dual language programs experience substantial gains in language, literacy, and mathematics. SEC. 3. DUAL LANGUAGE FLAGSHIP GRANTS. (a) Purposes.--The purposes of this section are as follows: (1) To provide incentives for local educational agencies to develop innovative strategies for working with low-income and limited English proficient children. (2) To improve the school readiness of low-income and limited English proficient children and to ensure they enter school ready to succeed. (3) To provide consistent support for learning through high-quality dual language programs from preschool through the fifth grade. (4) To authorize the Secretary to carry out a demonstration project to enhance the biliteracy and bilingualism skills for children in impoverished communities, including limited English proficient and minority children, through the use and longitudinal evaluation of dual language programs beginning in preschool through the fifth grade. (b) Program Authorized.-- (1) In general.--From funds made available under subsection (i), and after reserving funds under subsection (c), the Secretary is authorized to award not more than five grants to fund partnerships of local educational agencies, early childhood education programs including State-funded preschool programs and Head Start programs, and technical assistance providers to demonstrate effective strategies in ensuring the academic success of low-income minority students through the implementation and evaluation of a high-quality dual language program that-- (A) serves cohorts of economically disadvantaged minority and limited English proficient children from preschool through fifth grade; (B) establishes an infrastructure that supports a rigorous assessment system, including dedicated staff time and professional development in assessment, a data collection plan, and the collection of multiple measures of academic progress, bilingualism, and biliteracy; (C) implements and aligns a curriculum that promotes the development of bilingual and biliterate competencies for all students through at least grade five; (D) utilizes and aligns student-centered instructional methods that enhance the development of bilingualism, biliteracy, and academic achievement; (E) aligns professional development and training for early childhood education instructors and elementary school teachers and staff, with an emphasis on dual language instruction, second language acquisition, and content knowledge; (F) recruits, trains, and continuously develops staff to implement high-quality, dual language programs; and (G) establishes a responsive infrastructure for positive, active, and ongoing relationships with students' families and the community that responds to and is reflective of the needs of the community and goals of the program. (c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described is subsection (g) and dissemination of best practices described in subsection (h). (d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. (e) Applications for Grants.-- (1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Required documentation.--Each application submitted by a partnership under this section for a proposed program shall include documentation that-- (A) the partnership has partnered with an entity that has proven expertise in the implementation of high-quality dual language programs to provide on-going technical assistance and assist with the evaluation of the program; (B) the partnership has the qualified personnel to develop, administer, evaluate, and implement the program; and (C) the partnership is serving economically disadvantaged minority and limited English proficient children. (3) Other application contents.--Each application submitted by an entity under this section for a proposed program shall include-- (A) data showing that the program is serving economically disadvantaged and limited English proficient children; (B) a description of how the program will align the language of assessment with the language of instruction; (C) a description of how the program will be evaluated to assess the goals of the program; (D) a description of how the evaluation will be used to inform broader efforts to improve instruction for limited English proficient children, including for preschool-aged children; (E) a description of activities that will be pursued by the program including a description of-- (i) how the activities will further the school readiness and academic progress of children served by this program and support dual language development through grade five; (ii) methods of designing culturally and linguistically appropriate dual language curriculum; and (iii) methods of teacher training and parent outreach that will be used or developed through the programs; (F) an assurance that the program will annually provide to the Secretary such information as may be required by subsection (f); and (G) any other information that the Secretary may require. (f) Selection of Grantees.-- (1) Criteria.--The Secretary through a peer review process shall select partnerships to receive grants under this section based on-- (A) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (B) the extent to which school leadership has been involved and has demonstrated a commitment to a high- quality dual language program; and (C) the quality of the programs proposed in the applications submitted under subsection (b). (g) Technical Assistance and Evaluation.--From funds reserved under subsection (i) for a fiscal year, the Secretary shall reserve $250,000 to contract with an entity with a proven track record in dual language programs for the purpose of-- (1) providing technical assistance to local educational agencies receiving grants under this Act in order to strengthen programs conducted by grantees pursuant to this Act; and (2) conducting an evaluation of programs funded under this Act, which shall-- (A) be used by the Secretary to determine the effectiveness of programs funded through this Act and improve services to participating children; and (B) include-- (i) a comprehensive evaluation of the impact of the programs on students, including an assessment of literacy skills and language development in both English and the native language; (ii) a comprehensive evaluation of the effectiveness of instructional practices used in the programs; and (iii) a comprehensive evaluation of professional development strategies. (h) Dissemination of Best Practices.--The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of limited English proficient children. (i) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2017 and such sums as may be necessary for each of the 4 succeeding fiscal years. (j) Definitions.--In this section: (1) Dual language program.--The term ``dual language program'' means an instructional strategy in which students are taught literacy and content in two languages and use the partner language for at least half of the instructional day and foster bilingualism, biliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in two languages. (2) State-funded preschool program.--The term ``State- funded preschool program'' means a program that-- (A) serves children who are ages 3 through 5; (B) has a primary focus of supporting early childhood education, including supporting children's cognitive, social, emotional, and physical development and approaches to learning; (C) helps prepare children for a successful transition to kindergarten; (D) is either a school- or community-based program; and (E) is funded either in whole or in part by a State through a State agency with authority to promulgate regulations and monitor participating programs. (3) Limited english proficient.--The term ``limited English proficient'', when used with respect to a child, means a child-- (A)(i) who was not born in the United States or whose native language is a language other than English; (ii)(I) who is a Native American (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), an Alaska Native, or a native resident of an outlying area (as defined in such section 8101); and (II) who comes from an environment where a language other than English has had a significant impact on the child's level of English language proficiency; or (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (B) whose difficulties in speaking or understanding the English language may be sufficient to deny the child-- (i) the ability to successfully achieve in a classroom in which the language of instruction is English; or (ii) the opportunity to participate fully in society.

Providing Resources to Improve Dual Language Education Act of 2016 or the PRIDE Act This bill authorizes the Department of Education (ED) to award up to five grants to partnerships of local educational agencies, early childhood education programs, and technical assistance providers for the implementation of dual language demonstration programs designed to enhance and assess the biliteracy and bilingualism skills of low-income minority and limited English proficient children from preschool through grade five. ED shall: (1) contract with an entity that has dual language program experience to provide technical assistance and program evaluation, and (2) disseminate information on best practices implemented under model programs.

PRIDE Act

SECTION 1. COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. ``(a) Requirement.-- ``(1) In general.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall provide coverage for scalp hair prosthesis for a participant or beneficiary who has scalp hair loss as a result of alopecia areata if the attending physician of the participant or beneficiary certifies in writing the medical necessity of that proposed course of rehabilitative treatment. ``(2) Cost-Sharing.--The coverage required under this subsection is not subject to dollar limits, deductibles, and coinsurance provisions that are less favorable than those for other prosthesis coverage under the plan or coverage, except that a group health plan or health insurance issuer may provide that the plan or issuer will only pay for 80 percent of the customary and usual costs of the scalp hair prosthesis exclusive of any deductible. ``(3) Definition.--As used in this subsection, the term `scalp hair prosthesis' includes any artificial substitutes for scalp hair. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. ``(a) Requirement.-- ``(1) In general.--A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall provide coverage for scalp hair prosthesis for a participant or beneficiary who has scalp hair loss as a result of alopecia areata if the attending physician of the participant or beneficiary certifies in writing the medical necessity of that proposed course of rehabilitative treatment. ``(2) Cost-sharing.--The coverage required under this subsection is not subject to dollar limits, deductibles, and coinsurance provisions that are less favorable than those for other prosthesis coverage under the plan or coverage, except that a group health plan or health insurance issuer may provide that the plan or issuer will only pay for 80 percent of the customary and usual costs of the scalp hair prosthesis exclusive of any deductible. ``(3) Definition.--As used in this subsection, the term `scalp hair prosthesis' includes any artificial substitutes for scalp hair. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Requirement for coverage of hair prostheses for individuals with scalp hair loss as a result of alopecia areata.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Requirement for coverage of hair prostheses for individuals with scalp hair loss as a result of alopecia areata.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. ``(a) Requirement.--A group health plan shall provide coverage for scalp hair prosthesis for an participant or beneficiary who has scalp hair loss as a result of alopecia areata if the attending physician of the participant or beneficiary certifies in writing the medical necessity of that proposed course of rehabilitative treatment. ``(b) Cost-Sharing.--The coverage required under this section is not subject to dollar limits, deductibles, and coinsurance provisions that are less favorable than those for other prosthesis coverage under the plan or coverage, except that a group health plan may provide that the plan will only pay for 80 percent of the customary and usual costs of the scalp hair prosthesis exclusive of any deductible. ``(c) Definition.--As used in this section, the term `scalp hair prosthesis' includes any artificial substitutes for scalp hair.''. (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA. ``(a) In General.--The provisions of section 2707(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2002. (2) Individual health insurance coverage.--The amendments made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2002. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.

Amends the Public Health Service Act, the Employee Retirement Income Security Act, and the Internal Revenue Code to require group health plans and health insurance issuers offering coverage in connection with such plans to provide coverage for scalp hair prostheses for participants or beneficiaries who have scalp hair loss as a result of alopecia areata, if the attending physician certifies the medical necessity of that proposed course of rehabilitative treatment. Provides that such coverage is not subject to dollar limits, deductibles, and coinsurance provisions that are less favorable than those for other prosthesis coverage under the plan; but authorizes the plan or issuer to pay for only 80 percent of the customary and usual costs of the prosthesis exclusive of any deductible.Amends the Public Health Service Act to apply this Act's requirement to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to coverage offered in the small or large group market.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pork-Barrel Reduction Act''. SEC. 2. REFORM OF CONSIDERATION OF APPROPRIATIONS BILLS IN THE SENATE. Paragraph 1 of Rule XVI of the Standing Rules of the Senate is amended to read as follows: ``1. (a) On a point of order made by any Senator: ``(1) No new or general legislation nor any unauthorized appropriation may be included in any general appropriation bill. ``(2) No amendment may be received to any general appropriation bill the effect of which will be to add an unauthorized appropriation to the bill. ``(3) No new or general legislation nor any unauthorized appropriation, new matter, or nongermane matter may be included in any conference report on a general appropriation bill. ``(4) No unauthorized appropriation may be included in any amendment between the Houses, or any amendment thereto, in relation to a general appropriation bill. ``(b)(1) If a point of order under subparagraph (a)(1) against a Senate bill is sustained, then-- ``(A) the new or general legislation or unauthorized appropriation shall be struck from the bill; and ``(B) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the bill shall be made and the allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall be reduced accordingly. ``(2) If a point of order under subparagraph (a)(1) against an Act of the House of Representatives is sustained, then an amendment to the House bill is deemed to have been adopted that-- ``(A) strikes the new or general legislation or unauthorized appropriation from the bill; and ``(B) modifies, if necessary, the total amounts appropriated by the bill to reflect the deletion of the matter struck from the bill and reduces the allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) accordingly. ``(c) If the point of order against an amendment under subparagraph (a)(2) is sustained, then the amendment shall be out of order and may not be considered. ``(d) If the point of order against a conference report under subparagraph (a)(3) is sustained, then-- ``(1) the new or general legislation, unauthorized appropriation, new matter, or nongermane matter in such conference report shall be deemed to have been struck; ``(2) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck shall be deemed to have been made and the allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall be deemed to be reduced accordingly; ``(3) when all other points of order under this paragraph have been disposed of-- ``(A) the Senate shall proceed to consider the question of whether the Senate should recede from its amendment to the House bill, or its disagreement to the amendment of the House, and concur with a further amendment, which further amendment shall consist of only that portion of the conference report not deemed to have been struck (together with any modification of total amounts appropriated and reduction in the allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) deemed to have been made); ``(B) the question shall be debatable; and ``(C) no further amendment shall be in order; and ``(4) if the Senate agrees to the amendment, then the bill and the Senate amendment thereto shall be returned to the House for its concurrence in the amendment of the Senate. ``(e)(1) If a point of order under subparagraph (a)(4) against a Senate amendment is sustained, then-- ``(A) the unauthorized appropriation shall be struck from the amendment; ``(B) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the amendment shall be made and the allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) shall be reduced accordingly; and ``(C) after all other points of order under this paragraph have been disposed of, the Senate shall proceed to consider the amendment as so modified. ``(2) If a point of order under subparagraph (a)(4) against a House amendment is sustained, then-- ``(A) an amendment to the House amendment is deemed to have been adopted that-- ``(i) strikes the new or general legislation or unauthorized appropriation from the House amendment; and ``(ii) modifies, if necessary, the total amounts appropriated by the bill to reflect the deletion of the matter struck from the House amendment and reduces the allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) accordingly; and ``(B) after all other points of order under this paragraph have been disposed of, the Senate shall proceed to consider the question of whether to concur with further amendment. ``(f) The disposition of a point of order made under any other paragraph of this Rule, or under any other Standing Rule of the Senate, that is not sustained, or is waived, does not preclude, or affect, a point of order made under subparagraph (a) with respect to the same matter. ``(g) A point of order under subparagraph (a) may be waived only by a motion agreed to by the affirmative vote of three-fifths of the Senators duly chosen and sworn. If an appeal is taken from the ruling of the Presiding Officer with respect to such a point of order, the ruling of the Presiding Officer shall be sustained absent an affirmative vote of three-fifths of the Senators duly chosen and sworn. ``(h) Notwithstanding any other rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a general appropriation bill, a conference report on a general appropriation bill, or an amendment between the Houses on a general appropriation bill violate subparagraph (a). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some or all of the provisions against which the Senator raised the point of order, then only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this paragraph. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order, in accordance with subparagraph (g), as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled. ``(i) Notwithstanding any provision of the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), no point of order provided for under that Act shall lie against the striking of any matter, the modification of total amounts to reflect the deletion of matter struck, or the reduction of an allocation of discretionary budgetary resources allocated under section 302(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)(2)) to reflect the deletion of matter struck (or to the bill, amendment, or conference report as affected by such striking, modification, or reduction) pursuant to a point of order under this paragraph. ``(j) For purposes of this paragraph: ``(1)(A) The term `unauthorized appropriation' means an appropriation-- ``(i) not specifically authorized by law or Treaty stipulation (unless the appropriation has been specifically authorized by an Act or resolution previously passed by the Senate during the same session or proposed in pursuance of an estimate submitted in accordance with law); or ``(ii) the amount of which exceeds the amount specifically authorized by law or Treaty stipulation (or specifically authorized by an Act or resolution previously passed by the Senate during the same session or proposed in pursuance of an estimate submitted in accordance with law) to be appropriated. ``(B) An appropriation is not specifically authorized if it is restricted or directed to, or authorized to be obligated or expended for the benefit of, an identifiable person, program, project, entity, or jurisdiction by earmarking or other specification, whether by name or description, in a manner that-- ``(i) discriminates against other persons, programs, projects, entities, or jurisdictions similarly situated that would be eligible, but for the restriction, direction, or authorization, for the amount appropriated; or ``(ii) is so restricted, directed, or authorized that it applies only to a single identifiable person, program, project, entity, or jurisdiction, unless the identifiable person, program, project, entity, or jurisdiction to which the restriction, direction, or authorization applies is described or otherwise clearly identified in a law or Treaty stipulation (or an Act or resolution previously passed by the Senate during the same session or in the estimate submitted in accordance with law) that specifically provides for the restriction, direction, or authorization of appropriation for such person, program, project, entity, or jurisdiction. ``(2) The term `new or general legislation' has the meaning given that term when it is used in paragraph 2 of this Rule. ``(3) The terms `new matter' and `nongermane matter' have the same meaning as when those terms are used in Rule XXVIII.''. SEC. 3. CONSIDERATION OF CONFERENCE REPORTS. Rule XXVIII of the Standing Rules of the Senate is amended by adding at the end the following: ``7. (a) It shall not be in order to consider a conference report which includes matter not committed to the conferees by either House. ``(b) The presentation of reports of committees of conference under paragraph 1 shall be in order only after such reports are filed and made available 48 hours prior to presentation.''. SEC. 4. PROHIBITION ON OBLIGATION OF FUNDS FOR APPROPRIATIONS EARMARKS INCLUDED ONLY IN CONGRESSIONAL REPORTS. (a) In General.--No Federal agency may obligate any funds made available in an appropriation Act to implement an earmark that is included in a congressional report accompanying the appropriation Act, unless the earmark is also included in the appropriation Act. (b) Definitions.--For purposes of this section: (1) The term ``assistance'' includes a grant, loan, loan guarantee, or contract. (2) The term ``congressional report'' means a report of the Committee on Appropriations of the House of Representatives or the Senate, or a joint explanatory statement of a committee of conference. (3) The term ``earmark'' means a provision that specifies the identity of an entity to receive assistance and the amount of the assistance. (4) The term ``entity'' includes a State or locality, but does not include any Federal agency. (c) Effective Date.--This section shall apply to appropriation Acts enacted after December 31, 2006. SEC. 5. DISCLOSURE. (a) Unauthorized Appropriations.--Rule XVI of the Standing Rules of the Senate is amended by adding at the end the following: ``9. No appropriation bill or amendment between the Houses which includes unauthorized appropriations (as identified by paragraph 1(j)) shall be considered unless such bill is accompanied by a report that provides a detailed listing of-- ``(1) all unauthorized appropriation in such bill; ``(2) an identification of the member or members who proposed the unauthorized appropriation; and ``(3) an explanation of the essential governmental purpose for the unauthorized appropriation.''. (b) Earmark Disclosure, Sponsor, and Purpose.--Paragraph 4 of Rule XVIII of the Standing Rules of the Senate is amended by-- (1) inserting ``(a)'' after ``4.''; and (2) adding at the end the following: ``(b) No conference report which includes unauthorized appropriations (as defined by paragraph 1(j) of rule XVI) shall be considered unless such conference report is accompanied by a joint statement that provides a detailed listing of-- ``(1) all unauthorized appropriations in such conference report; ``(2) an identification of the member or members who proposed the unauthorized appropriation; and ``(3) an explanation of the essential governmental purpose for the unauthorized appropriation.''. (c) Lobbying on Behalf of Recipients of Federal Funds.--The Lobbying Disclosure Act of 1995 is amended by adding after section 5 the following: ``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS. ``(a) In General.--A recipient of Federal funds shall file a report as required by section 5(a) containing-- ``(1) the name of any lobbyist registered under this Act to whom the recipient paid money to lobby on behalf of the Federal funding received by the recipient; and ``(2) the amount of money paid as described in paragraph (1). ``(b) Definition.--In this section, the term `recipient of Federal funds' means the recipient of Federal funds constituting an award, grant, or loan.''.

Pork-Barrel Reduction Act - Amends rule XVI (Appropriations and Amendments to General Appropriations Bills) of the Standing Rules of the Senate with respect to consideration of appropriations bills to provide that, upon a point of order, no: (1) new or general legislation nor any unauthorized appropriation may be included in any general appropriation bill; (2) amendment may be received to any general appropriation bill that would add an unauthorized appropriation; (3) new or general legislation nor any unauthorized appropriation, new matter, or nongermane matter may be included in any conference report on a general appropriation bill; or (4) unauthorized appropriation may be included in any amendment between the chambers in relation to a general appropriation bill. Sets forth procedures for consideration of such points of order. Amends rule XXVIII (Conference Committees, Reports, Open Meetings) to make it out of order to consider a conference report which includes matter not committed to the conferees by either chamber. Makes the presentation of conference reports in order only after such reports are filed and made available 48 hours before such presentation. Prohibits a federal agency from obligating any funds made available in an appropriation Act to implement an earmark included in an accompanying report, unless the earmark is also included in the Act. Amends rule XVI to prohibit consideration of an appropriation bill or amendment between the chambers which includes unauthorized appropriations, unless such bill is accompanied by a report providing a detailed listing of: (1) all unauthorized appropriations in such bill; (2) an identification of the Member or Members who proposed the unauthorized appropriation; and (3) an explanation of the essential governmental purpose for it. Imposes the same prohibition with respect to a conference report which includes unauthorized appropriations if it is not accompanied by a joint statement that provides the same detailed listing. Amends the Lobbying Disclosure Act of 1995 to require a recipient of federal funds to file a mandatory disclosure report containing: (1) the name of any registered lobbyist to whom the recipient paid money to lobby on behalf of such funding; and (2) the amount of such payment.

A bill to provide greater accountability of taxpayers' dollars by curtailing congressional earmarking, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Montgomery GI Bill Second Chance Act of 2004''. SEC. 2. OPPORTUNITY FOR ACTIVE DUTY PERSONNEL TO WITHDRAW AN ELECTION NOT TO PARTICIPATE IN THE MONTGOMERY GI BILL EDUCATION PROGRAM. (a) In General.--Chapter 30 of title 38, United States Code, is amended by inserting after section 3018C the following new section: ``Sec. 3018D. Opportunity for certain active-duty personnel to enroll ``(a)(1) Notwithstanding any other provision of this chapter, during the month of October in any year, beginning with 2004, (hereinafter in this section referred to as the `open season') a qualified individual (described in subsection (b)) may make an irrevocable election under this section to become entitled to basic educational assistance under this chapter. ``(2) The Secretary of each military department shall provide for procedures for a qualified individual to make an irrevocable election under this section in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy. ``(b) A qualified individual referred to in subsection (a) is an individual who meets each of the following requirements: ``(1) The individual first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces before, on, or after July 1, 1985. ``(2) The individual has served on active duty without a break in service since the date the individual first became such a member or first entered on active duty as such a member. ``(3) The individual is serving on active duty during the open season of the year involved. ``(4) The individual, before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree. ``(5) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge. ``(c)(1) Subject to the succeeding provisions of this subsection, with respect to a qualified individual who makes an election under this section to become entitled to basic educational assistance under this chapter-- ``(A) the basic pay of the qualified individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such basic pay is reduced is $1,200; and ``(B) to the extent that basic pay is not so reduced before the qualified individual's discharge or release from active duty as specified in subsection (b)(5), at the election of the qualified individual-- ``(i) the Secretary concerned shall collect from the qualified individual; or ``(ii) the Secretary concerned shall reduce the retired or retainer pay of the qualified individual by, an amount equal to the difference between $1,200 and the total amount of reductions under subparagraph (A), which shall be paid into the Treasury of the United States as miscellaneous receipts. ``(2)(A) The Secretary concerned shall provide for an 18-month period, beginning on the date the qualified individual makes an election under this section, for the qualified individual to pay that Secretary the amount due under paragraph (1). ``(B) Nothing in subparagraph (A) shall be construed as modifying the period of eligibility for and entitlement to basic educational assistance under this chapter applicable under section 3031 of this title. ``(d) With respect to qualified individuals referred to in subsection (c)(1)(B), no amount of educational assistance allowance under this chapter shall be paid to the qualified individual until the earlier of the date on which-- ``(1) the Secretary concerned collects the applicable amount under clause (i) of such subsection; or ``(2) the retired or retainer pay of the qualified individual is first reduced under clause (ii) of such subsection. ``(e)(1) Except as provided in paragraph (3), a qualified individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(1) shall be disenrolled from such chapter 32 program as of the date of such election. ``(2) For each individual who is disenrolled from such program, the Secretary shall refund-- ``(A) to the individual, as provided in section 3223(b) of this title and subject to subsection (b)(2) of this section, the unused contributions made by the individual to the Post- Vietnam Era Veterans Education Account established pursuant to section 3222(a) of this title; and ``(B) to the Secretary of Defense the unused contributions (other than contributions made under section 3222(c) of this title) made by such Secretary to the Account on behalf of such individual. ``(3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of section 3222 of this title on behalf of any individual referred to in paragraph (1) shall remain in such account to make payments of benefits to such individual under section 3015(f) of this title. ``(f) The Secretary concerned, in conjunction with the Secretary of Defense, shall provide for notice of the opportunity under this section to elect to become entitled to basic educational assistance under this chapter.''. (b) Conforming Amendments.--(1) Sections 3011(c)(1) and 3012(d)(1) of such title are each amended by striking ``Any individual'' in the third sentence and inserting ``Subject to section 3018D of this title, any individual''. (2) Section 3015(f) of such title is amended by striking ``or 3018C'' and inserting ``3018C, or 3018D''. (3) Section 3017(b)(1) of such title is amended-- (A) in subparagraph (A), by striking ``or 3018C(e)'' and inserting ``3018C(e), or 3018D(d)''; (B) in subparagraph (B), by inserting ``or 3018D(d)'' after ``3018C(e)''; or (C) in subparagraph (C), by striking ``or 3018C(e)'' and inserting ``3018C(e), or 3018D(d)''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3018C the following new item: ``3018D. Opportunity for certain active-duty personnel to enroll.''.

Montgomery GI Bill Second Chance Act of 2004 - Authorizes certain members of the Armed Forces to make an irrevocable election during October of any year beginning in 2004 to become entitled to basic educational assistance under the Montgomery GI Bill. Requires a reduction in basic pay of those members electing such educational assistance or, if the member is discharged or released from active duty prior to such reduction, the collection of specified amounts from the member or an equivalent reduction in retired or retainer pay. States that members who are enrolled in the post-Vietnam era veterans' educational assistance program shall be disenrolled from that program upon electing the educational assistance described in this Act. Requires the Secretary concerned, in conjunction with the Secretary of Defense, to provide notice of the opportunity created by this Act to elect educational assistance under the Montgomery GI Bill.

To amend title 38, United States Code, and title 10, United States Code, to provide for an opportunity for active duty personnel to withdraw an election not to participate in the program of educational assistance under the Montgomery GI Bill.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Theodore Roosevelt Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Theodore Roosevelt, one of America's greatest presidents, was born on October 27, 1858, in New York City, New York; (2) at the young age of 23, Theodore Roosevelt was elected to the first of 3 terms as a representative in the New York State Assembly (1882-1884); (3) from 1895 to 1897, Theodore Roosevelt served as Commissioner of the New York City Police Department; (4) while serving as Assistant Secretary of the Navy under President William McKinley (1897-1898), Theodore Roosevelt organized the First United States Volunteer Cavalry Regiment, popularly known as the ``Rough Riders'', and then served as Colonel of this regiment during the Spanish-American War; (5) from 1898 to 1900, Theodore Roosevelt served as Governor of New York; (6) in 1900, with the election of President McKinley, Theodore Roosevelt was elected as the 25th Vice-President of the United States; (7) becoming the 26th President of the United States the following year, Theodore Roosevelt took a very active role in foreign affairs, establishing the United States as a new world power, and instituted broad reforms, at home, particularly with respect to labor, monopolies, and conservation, until the end of his presidency in 1909; (8) Theodore Roosevelt's commitment to conservation stemmed from his experiences as a rancher in the badlands of North Dakota from 1883 to 1886 and earned him the title of the ``Conservationist President'' for his efforts in establishing 51 Bird Reserves, 4 Game Preserves, 150 National Forests, 5 National Parks, and 18 National Monuments, totalling nearly 230 million acres of land placed under public protection during his presidency; (9) on January 16, 2001, Theodore Roosevelt was posthumously awarded the Congressional Medal of Honor for leading a charge up the San Juan Heights in Cuba during the Spanish-American War, shortly before the war ended, thereby becoming the first President of the United States to be awarded the Congressional Medal of Honor; and (10) 2006 will mark the 100th anniversary of Theodore Roosevelt receiving the Nobel Peace Prize, the first citizen of the United States to receive such prize, for drawing up the 1905 peace treaty ending the Russo-Japanese War. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $1 silver coins with rough rider design on obverse.-- Not more than 500,000 $1 coins bearing the designs specified in section 4(a)(2), each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (2) $1 silver coins with adventurer design on obverse.--Not more than 500,000 $1 coins bearing the designs specified in section 4(a)(3), each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Use of the United States Mint at West Point, New York.--It is the sense of Congress that the coins minted under this Act should be struck at the United States Mint at West Point, New York, to the greatest extent possible. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall-- (A) be emblematic of the life and legacy of President Theodore Roosevelt; and (B) use the designs of James Earle Fraser or Augustus Saint-Gaudens, 2 sculptors most closely associated with the revitalization of the United States coinage, commonly referred to as the ``Golden Age of American Coin Design'', that was initiated by President Theodore Roosevelt. (2) $1 coins with rough rider design.-- (A) Obverse.--The obverse of the coins minted under section 3(a)(1) shall bear the image of Theodore Roosevelt as a Rough Rider that was used on the James Earle Fraser medal of 1920. (B) Reverse.--The reverse of the coins minted under section 3(a)(1) shall bear the eagle design, with motto, from the $20 gold ``double eagle'' coin produced between 1907 and 1933 and designed by Augustus Saint- Gaudens. (3) $1 coins with adventurer design.-- (A) Obverse.--The obverse of the coins minted under section 3(a)(2) shall bear the image of Theodore Roosevelt on horseback, based on James Earle Fraser's monumental 16-foot high bronze equestrian figure of Roosevelt that-- (i) stands at the east front of the American Museum of Natural History in New York City; and (ii) recognizes Roosevelt's lifelong activity as a naturalist and conservationist and emphasizes him as an adventurer, outdoorsman, and hunter. (B) Reverse.--The reverse of the coins minted under section 3(a)(2) shall bear the design based on the reverse designs by James Earle Fraser used on the Roosevelt Memorial Association Medal of Honor and the Association's Founders Medal that-- (i) depict the crusader's flaming sword of righteousness and evoke the ``Big Stick'' philosophy that President Roosevelt espoused; and (ii) to the left and right of the flaming sword in 4 lines bear the quotation ``If I Must Choose Between Righteousness and Peace, I Choose Righteousness.'' from Roosevelt's historical work, ``Unwise Peace Treaties''. (4) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2006''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the citizens advisory committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2006, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2006. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins minted under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Sales of Single Coins and Sets of Coins.--Coins of each design specified under section 4 may be sold separately or as a set containing a coin of each such design. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, and subsection (c) of this section, all surcharges which are received by the Secretary from the sale of coins minted under this Act shall be promptly paid by the Secretary to-- (1) the Theodore Roosevelt Association, to be used exclusively for-- (A) educational programs at Sagamore Hill National Historic Site, operated by the National Park Service, including construction and maintenance of a visitor's center; and (B) setting up a curatorial chair and purchase fund for the Theodore Roosevelt Collection at the Harvard University Library; and (2) the Theodore Roosevelt Medora Foundation, to be used exclusively for educational programs at and around the Theodore Roosevelt National Park, including construction of the Theodore Roosevelt Badlands Institute in the badlands of North Dakota. (c) Distribution of Amounts.--With respect to surcharges received under this section-- (1) the first $2,250,000 of any such surcharges received shall be paid to the Theodore Roosevelt Association; and (2) of amounts of any such surcharges received in excess of $2,250,000-- (A) three-fifths shall be paid to the Theodore Roosevelt Association; and (B) two-fifths shall be paid to the Theodore Roosevelt Medora Foundation. (d) Audits.--The Theodore Roosevelt Association and the Theodore Roosevelt Medora Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, for purposes of this Act.

Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than: (1) 500,000 $1 coins with the image of Theodore Roosevelt as a Rough Rider on one side and an eagle design on the other side; and (2) 500,000 $1 coins with the image of Roosevelt on horseback on one side and a flaming sword of righteousness on the other side. Calls for the coins to be struck at the U.S. Mint at West Point, New York. Authorizes the Secretary to issue such minted coins beginning on January 1, 2006, and to initiate coin sales before such date (2006 will mark the 100th anniversary of Roosevelt receiving the Nobel Peace Prize). Requires surcharges from the sale of the coins minted under this Act to be paid to: (1) the Theodore Roosevelt Association to be used exclusively for educational programs at Sagamore Hill National Historic Site, including for construction and maintenance of a visitor's center and setting up a curatorial chair and purchase fund for the Theodore Roosevelt Collection at Harvard University Library; and (2) the Theodore Roosevelt Medora Foundation to be used exclusively for educational programs at and around Theodore Roosevelt National Park, including construction of the Theodore Roosevelt Badlands Institute in the badlands of North Dakota. Distributes specified surcharge amounts to the Association and Foundation.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the centenary of the bestowal of the Nobel Peace Prize on President Theodore Roosevelt, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing for Tomorrow's Schools Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to the School Management and Planning magazine, up to $150,000,000,000 in repairs, renovations, and modernizations is needed to put schools in the United States into good overall condition. (2) Approximately 14,000,000 United States students attend schools that report the need for extensive repair or replacement of 1 or more buildings. (3) According to a recent study conducted by American School & University magazine, $29,088,000,000 was spent to address the Nation's education infrastructure needs, with the average total cost of a new high school being $27,000,000. (4) Academic research has proven that there is a direct correlation between the condition of school facilities and student achievement. At Georgetown University, researchers have found that students assigned to schools in poor condition could be expected to have test scores that are 10.9 percentage points lower than students in schools in excellent condition. Similar studies demonstrated improvement of up to 20 percent in test scores when students were moved from a facility in poor condition to a new facility. (5) Large numbers of local educational agencies have difficulties securing financing for school facility improvement. (6) The challenges facing the Nation's public elementary schools and secondary schools and libraries require the concerted efforts of all levels of government and all sectors of communities. (7) The United States competitive position within the world economy is vulnerable if the future workforce of the United States continues to be educated in schools and libraries not equipped for the 21st century. (8) The deplorable state of collections in public school libraries in the United States has increased the demands on public libraries. In many instances, public libraries substitute for school libraries, creating a higher demand for material and physical space to house literature and educational computer equipment. (9) Research shows that 50 percent of a child's intellectual development takes place before age 4. The Nation's public and school libraries play a critical role in a child's early development because the libraries provide a wealth of books and other resources that can give every child a head start on life and learning. SEC. 3. STATE INFRASTRUCTURE BANK PILOT PROGRAM. (a) Establishment.-- (1) Cooperative agreements.--The Secretary of Education (referred to in this Act as the ``Secretary''), after consultation with the Secretary of the Treasury, may enter into cooperative agreements with States under which-- (A) the States establish State infrastructure banks and multistate infrastructure banks for the purpose of providing the loans described in subparagraph (B); and (B) the Secretary awards grants to States to be used as initial capital for the purpose of making loans through the infrastructure banks-- (i) to local educational agencies to enable the agencies to construct, reconstruct, or renovate elementary schools or secondary schools that provide free public education; and (ii) to public libraries to enable the libraries to construct, reconstruct, or renovate library facilities. (2) Interstate compacts.-- (A) Consent.--Congress grants consent to any 2 or more States, entering into a cooperative agreement under paragraph (1) with the Secretary for the establishment of a multistate infrastructure bank, to enter into an interstate compact establishing a multistate infrastructure bank in accordance with this section. (B) Reservation of rights.--Congress expressly reserves the right to alter, amend, or repeal this section and any consent granted pursuant to this section. (b) Repayments.--Each infrastructure bank established under subsection (a) shall apply repayments of principal and interest on loans funded by the grant received under subsection (a) to the making of additional loans. (c) Infrastructure Bank Requirements.--A State establishing an infrastructure bank under this section shall-- (1) contribute to the bank, from non-Federal sources, an amount equal to not less than 25 percent of the amount of each grant made for the bank under subsection (a); (2) identify as recipient of the grant an operating entity of the State that has the capacity to manage loan funds, and issue debt instruments of the State for purposes of leveraging the funds made available through the grant or State contributions under paragraph (1) related to the grant; (3) allow such funds to be used as reserve for debt issued by the State, so long as proceeds are deposited in the appropriate accounts for loan purposes; (4) ensure that investment income generated by funds described in paragraph (2) and made available to an account of the bank will be-- (A) credited to the account; (B) available for use in providing loans for a project eligible for assistance from the account; and (C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of funds for projects assisted by the bank; (5) ensure that any loan from the bank will bear interest at or below the lowest interest rate being offered for bonds; (6) ensure that repayment of any loan from the bank will commence not later than 1 year after the project has been completed; (7) ensure that the term for repaying any such loan will not exceed 30 years after the date of the first payment on the loan under paragraph (6); and (8) require the bank to make an annual report to the Secretary on its status, and make such other reports as the Secretary may require by guidelines. (d) Forms of Assistance From Infrastructure Banks.-- (1) In general.--An infrastructure bank established under this section may make a loan to a local educational agency or a public library in an amount equal to all or part of the cost of carrying out a project eligible for a loan under subsection (e). (2) Applications for loans.-- (A) In general.--A local educational agency or public library desiring a loan under this section shall submit to such an infrastructure bank an application that includes-- (i) in the case of an application for a renovation project for a facility-- (I) a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with the loan funds and the priorities to be applied in determining which deficiency to address first; and (II) a description of the criteria used by the applicant to determine the type of corrective action necessary for the renovation of the facility; (ii) a description of any improvements to be made and a cost estimate for the improvements to be made with the loan; (iii) a description of how work undertaken with the loan will promote energy conservation; and (iv) such other information as the infrastructure bank may require. (B) Timing.--An infrastructure bank shall take final action on a completed application submitted to it in accordance with this subsection not later than 90 days after the date of the submission of the application. (3) Criteria for loans.--In considering an application for a loan under this section, an infrastructure bank shall consider-- (A) the extent to which the local educational agency or public library desiring the loan would otherwise lack the fiscal capacity, including the ability to raise funds through the full use of bonding capacity of the agency or library, to undertake the project proposed in the application; (B) in the case of a local educational agency, the threat that the condition of the physical plant in the proposed project poses to the safety and well-being of students; (C) the demonstrated need for the construction, reconstruction, or renovation described in the application, based on the condition of the facility in the proposed project; and (D) the age of the facility proposed to be replaced, reconstructed, or renovated. (e) Eligible Projects.-- (1) In general.--A project shall be eligible for a loan from an infrastructure bank under this section if the project consists of-- (A) the construction of an elementary school or secondary school to meet the needs imposed by enrollment growth; (B) the repair or upgrading of classrooms or structures related to academic learning at an educational facility, including the repair of leaking roofs, crumbling walls, inadequate plumbing, poor ventilation equipment, or inadequate heating or lighting equipment; (C) an activity to increase physical safety at an educational facility; (D) an activity to enhance an educational facility to provide access for students, teachers, and other individuals (such as staff and parents) who are individuals with disabilities; (E) an activity to address environmental hazards at an educational facility, such as poor ventilation, indoor air quality, or lighting; (F) the provision of basic infrastructure that facilitates educational technology, such as communications outlets, electrical systems, power outlets, or a communication closet, at an educational facility; (G) work that will bring an educational facility into conformity with the requirements of-- (i) environmental protection or health and safety programs mandated by Federal, State, or local law, if such requirements were not in effect when the facility was initially constructed; and (ii) hazardous waste treatment, storage, and disposal requirements mandated under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or similar State laws; (H) work that will enable efficient use of available energy resources at an educational facility; (I) work to detect, remove, or otherwise contain asbestos hazards in an educational facility; or (J) work to construct public library facilities or repair or upgrade public library facilities. (2) Davis-bacon.--The wage requirements of subchapter IV of chapter 31 of title 40, United States Code shall apply with respect to individuals employed on the projects described in paragraph (1). (3) Healthy high performance schools.-- (A) Establishment of guidelines.--After consultation with States and consideration of leading green building standards, the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall establish Healthy, High Performance School Guidelines, which shall provide guidance for the construction and renovation of schools, educational facilities, and libraries relating to energy efficiency, renewable energy, water use, building materials, indoor environmental quality, and such other matters as the Secretary considers to be appropriate. (B) Applicability of guidelines.--A local educational agency or public library using a loan under this section to fund a new construction or renovation project described in paragraph (1) shall ensure that the project conforms, to the maximum extent practicable, to the Healthy, High Performance School Guidelines described in subparagraph (A). (f) Supplementation.--Any loan made by an infrastructure bank shall be used to supplement and not supplant other Federal, State, and local funds available to carry out school or library construction, reconstruction, or renovation (including repair). (g) Limitation on Repayments.--Notwithstanding any other provision of law, if an infrastructure bank makes a loan under this section with funds made available through a grant awarded to a State under subsection (a), the funds used to repay the loan may not be credited toward the contribution required for the State under subsection (c)(1) for a subsequent grant awarded under subsection (c). (h) Secretarial Requirements.--In administering this section, the Secretary shall specify procedures and guidelines for establishing, operating, and providing assistance from an infrastructure bank. (i) United States Not Obligated.--The contribution of Federal funds to an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (j) Income Attributable to Interest.--The income attributable to interest described in subsection (c)(5) shall be exempt from Federal taxation. (k) Management of Federal Funds.--Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (l) Program Administration.--A State may expend an amount not to exceed 2 percent of the grant funds contributed to an infrastructure bank established by a State or States under this section to pay the reasonable costs of administering the infrastructure bank. (m) Secretarial Review and Report.--The Secretary shall-- (1) review the financial condition of each infrastructure bank established under this section; and (2) transmit to Congress a report on the results of such review not later than 90 days after the completion of the review. SEC. 4. DEFINITIONS. In this Act: (1) Elementary school, free public education, and secondary school.--The terms ``elementary school'', ``free public education'', and ``secondary school'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) and includes a public charter school that operates as a local educational agency of the State in which the school is located. (3) Outlying area.--The term ``outlying area'' means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (4) Public library.--The term ``public library''-- (A) means a library that serves, free of charge, all residents of a community, district, or region, and receives its financial support in whole or in part from public funds; and (B) includes a research library, which, for purposes of this subparagraph, means a library that-- (i) makes its services available to the public free of charge; (ii) has extensive collections of books, manuscripts, and other materials suitable for scholarly research that are not available to the public through public libraries; (iii) engages in the dissemination of humanistic knowledge through the provision of services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and (iv) is not an integral part of an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.

Investing for Tomorrow's Schools Act of 2007 - Authorizes the Secretary of Education to enter into cooperative agreements with states under which: (1) they establish state and multistate infrastructure banks for education; and (2) the Secretary awards grants to states for initial capital to make loans through such banks to local educational agencies and public libraries for construction, reconstruction, or renovation of public elementary or secondary schools and public library facilities. Grants congressional consent to states for interstate compacts to establish multistate infrastructure banks. Requires states to contribute from nonfederal sources at least 25% of the amount of each federal grant for an infrastructure bank. Lists types of projects eligible for such bank loans. Directs the Secretary to establish Healthy, High Performance School Guidelines for the construction and renovation of schools, educational facilities, and libraries relating to energy efficiency, renewable energy, water use, building materials, indoor environmental quality, and other appropriate matters. Requires any local educational agency or public library using a loan under this Act to fund a new construction or renovation project to ensure that the project conforms, to the maximum extent practicable, to such Healthy, High Performance School Guidelines.

A bill to establish State infrastructure banks for education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public School Construction Partnership Act''. SEC. 2. TREATMENT OF QUALIFIED PUBLIC EDUCATIONAL FACILITY BONDS AS EXEMPT FACILITY BONDS. (a) Treatment as Exempt Facility Bond.--Subsection (a) of section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond) is amended by striking ``or'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, or'', and by adding at the end the following: ``(13) qualified public educational facilities.'' (b) Qualified Public Educational Facilities.--Section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond) is amended by adding at the end the following new subsection: ``(k) Qualified Public Educational Facilities.-- ``(1) In general.--For purposes of subsection (a)(13), the term `qualified public educational facility' means any school facility which is-- ``(A) part of a public elementary school or a public secondary school, and ``(B) owned by a private, for-profit corporation pursuant to a public-private partnership agreement with a State or local educational agency described in paragraph (2). ``(2) Public-private partnership agreement described.--A public-private partnership agreement is described in this paragraph if it is an agreement-- ``(A) under which the corporation agrees-- ``(i) to do 1 or more of the following: construct, rehabilitate, refurbish, or equip a school facility, and ``(ii) at the end of the term of the agreement, to transfer the school facility to such agency for no additional consideration, and ``(B) the term of which does not exceed the term of the issue to be used to provide the school facility. ``(3) School facility.--For purposes of this subsection, the term `school facility' means-- ``(A) school buildings, ``(B) functionally related and subordinate facilities and land with respect to such buildings, including any stadium or other facility primarily used for school events, and ``(C) any property, to which section 168 applies (or would apply but for section 179), for use in the facility. ``(4) Public schools.--For purposes of this subsection, the terms `elementary school' and `secondary school' have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as in effect on the date of the enactment of this subsection. ``(5) Annual aggregate face amount of tax-exempt financing.-- ``(A) In general.--An issue shall not be treated as an issue described in subsection (a)(13) if the aggregate face amount of bonds issued by the State pursuant thereto (when added to the aggregate face amount of bonds previously so issued during the calendar year) exceeds an amount equal to the greater of-- ``(i) $10 multiplied by the State population, or ``(ii) $5,000,000. ``(B) Allocation rules.-- ``(i) In general.--Except as otherwise provided in this subparagraph, the State may allocate in a calendar year the amount described in subparagraph (A) for such year in such manner as the State determines appropriate. ``(ii) Rules for carryforward of unused amount.--With respect to any calendar year, a State may make an election under rules similar to the rules of section 146(f), except that the sole carryforward purpose with respect to such election is the issuance of exempt facility bonds described in section 142(a)(13).'' (c) Exemption From General State Volume Caps.--Paragraph (3) of section 146(g) of the Internal Revenue Code of 1986 (relating to exception for certain bonds) is amended-- (1) by striking ``or (12)'' and inserting ``(12), or (13)'', and (2) by striking ``and environmental enhancements of hydroelectric generating facilities'' and inserting ``environmental enhancements of hydroelectric generating facilities, and qualified public educational facilities''. (d) Exemption From Limitation on Use for Land Acquisition.--Section 147(h) of the Internal Revenue Code of 1986 (relating to certain rules not to apply to mortgage revenue bonds, qualified student loan bonds, and qualified 501(c)(3) bonds) is amended by adding at the end the following new paragraph: ``(3) Exempt facility bonds for qualified public-private schools.--Subsection (c) shall not apply to any exempt facility bond issued as part of an issue described in section 142(a)(13) (relating to qualified public-private schools).'' (e) Conforming Amendment.--The heading of section 147(h) of the Internal Revenue Code of 1986 is amended by striking ``Mortgage Revenue Bonds, Qualified Student Loan Bonds, and Qualified 501(c)(3) Bonds'' in the heading and inserting ``Certain Bonds''. (f) Effective Date.--The amendments made by this section shall apply to bonds issued after December 31, 1999. SEC. 3. ADDITIONAL INCREASE IN ARBITRAGE REBATE EXCEPTION FOR GOVERNMENTAL BONDS USED TO FINANCE EDUCATION FACILITIES. (a) Spending Requirement for Public School Construction Issue.-- Paragraph (4)(C) of section 148(f) of the Internal Revenue Code of 1986 (relating to required rebate to the United States) is amended by adding at the end the following new clause: ``(xviii) 4-year spending requirement for public school construction issue.-- ``(I) In general.--In the case of a public school construction issue, the spending requirements of clause (ii) shall be treated as met if at least 10 percent of the available construction proceeds of the construction issue are spent for the governmental purposes of the issue within the 1-year period beginning on the date the bonds are issued, 30 percent of such proceeds are spent for such purposes within the 2- year period beginning on such date, 50 percent of such proceeds are spent for such purposes within the 3-year period beginning on such date, and 100 percent of such proceeds are spent for such purposes within the 4-year period beginning on such date. ``(II) Public school construction issue.--For purposes of this clause, the term `public school construction issue' means any construction issue if no bond which is part of such issue is a private activity bond and all of the available construction proceeds of such issue are to be used for the construction (as defined in clause (iv)) of public school facilities to provide education or training below the postsecondary level or for the acquisition of land that is functionally related and subordinate to such facilities. ``(III) Other rules to apply.-- Rules similar to the rules of the preceding provisions of this subparagraph which apply to clause (ii) shall apply to this clause.'' (b) Increase in Arbitrage Rebate Exception for Governmental Bonds Used To Finance Education Facilities.--Section 148(f)(4)(D)(vii) of the Internal Revenue Code of 1986 (relating to increase in exception for bonds financing public school capital expenditures) is amended by striking ``$5,000,000'' the second place it appears and inserting ``$10,000,000''. (c) Effective Date.--The amendment made by this section shall apply to obligations issued after December 31, 1999. SEC. 4. TREATMENT OF PUBLIC SCHOOL CONSTRUCTION BONDS AS QUALIFIED TAX- EXEMPT OBLIGATIONS. (a) In General.--Clause (i) of subsection (b)(3)(B) of section 265 of the Internal Revenue Code of 1986 (relating to expenses and interest relating to tax-exempt income) is amended to read as follows: ``(i) In general.--For purposes of subparagraph (A), the term `qualified tax- exempt obligation' means a tax-exempt obligation-- ``(I) which is issued after August 7, 1986, by a qualified small issuer, is not a private activity bond (as defined in section 141), and is designated by the issuer for purposes of this paragraph, or ``(II) which is a public school construction bond (within the meaning of section 148(f)(4)(C)(xviii)) issued by a qualified small education bond issuer (as defined in subparagraph (F)).'' (b) Definition of Qualified Small Education Bond Issuer.-- Subsection (b)(3) of section 265 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(F) Qualified small education bond issuer.--For purposes of subparagraph (B)(i)(II), the term `qualified small education bond issuer' means, with respect to bonds issued during any calendar year, any issuer if the reasonably anticipated amount of public school construction bonds which will be issued by such issuer during such calendar year does not exceed $25,000,000.'' (c) Conforming Amendment.--Section 265(b)(3)(B)(ii) of such Code is amended by striking ``(i)(II)'' in the matter preceding subclause (I) and inserting ``(i)''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 1999.

Sets forth provisions concerning: (1) time-related spending requirements for public school construction bonds and doubling the arbitrage rebate exception for governmental bonds used to finance education facilities; and (2) the treatment of public school construction bonds as qualified tax-exempt obligations.

Public School Construction Partnership Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Upper Mississippi River Basin Protection Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Reliance on sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK Sec. 101. Establishment of monitoring network. Sec. 102. Data collection and storage responsibilities. Sec. 103. Relationship to existing sediment and nutrient monitoring. Sec. 104. Collaboration with other public and private monitoring efforts. Sec. 105. Reporting requirements. Sec. 106. National Research Council assessment. TITLE II--COMPUTER MODELING AND RESEARCH Sec. 201. Computer modeling and research of sediment and nutrient sources. Sec. 202. Use of electronic means to distribute information. Sec. 203. Reporting requirements. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS Sec. 301. Authorization of appropriations. Sec. 302. Cost-sharing requirements. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``Upper Mississippi River Basin'' and ``Basin'' mean the watershed portion of the Upper Mississippi River and Illinois River basins, from Cairo, Illinois, to the headwaters of the Mississippi River, in the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The designation includes the Kaskaskia watershed along the Illinois River and the Meramec watershed along the Missouri River. (2) The terms ``Upper Mississippi River Stewardship Initiative'' and ``Initiative'' mean the activities authorized or required by this Act to monitor nutrient and sediment loss in the Upper Mississippi River Basin. (3) The term ``sound science'' refers to the use of accepted and documented scientific methods to identify and quantify the sources, transport, and fate of nutrients and sediment and to quantify the effect of various treatment methods or conservation measures on nutrient and sediment loss. Sound science requires the use of documented protocols for data collection and data analysis, and peer review of the data, results, and findings. SEC. 3. RELIANCE ON SOUND SCIENCE. It is the policy of Congress that Federal investments in the Upper Mississippi River Basin must be guided by sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK SEC. 101. ESTABLISHMENT OF MONITORING NETWORK. (a) Establishment.--As part of the Upper Mississippi River Stewardship Initiative, the Secretary of the Interior shall establish a sediment and nutrient monitoring network for the Upper Mississippi River Basin for the purposes of-- (1) identifying and evaluating significant sources of sediment and nutrients in the Upper Mississippi River Basin; (2) quantifying the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantifying the transport of those sediments and nutrients to and through the Upper Mississippi River Basin; (4) recording changes to sediment and nutrient loss over time; (5) providing coordinated data to be used in computer modeling of the Basin, pursuant to section 201; and (6) identifying major sources of sediment and nutrients within the Basin for the purpose of targeting resources to reduce sediment and nutrient loss. (b) Role of United States Geological Survey.--The Secretary of the Interior shall carry out this title acting through the office of the Director of the United States Geological Survey. SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES. (a) Guidelines for Data Collection and Storage.--The Secretary of the Interior shall establish guidelines for the effective design of data collection activities regarding sediment and nutrient monitoring, for the use of suitable and consistent methods for data collection, and for consistent reporting, data storage, and archiving practices. (b) Release of Data.--Data resulting from sediment and nutrient monitoring in the Upper Mississippi River Basin shall be released to the public using generic station identifiers and hydrologic unit codes. In the case of a monitoring station located on private lands, information regarding the location of the station shall not be disseminated without the landowner's permission. (c) Protection of Privacy.--Data resulting from sediment and nutrient monitoring in the Upper Mississippi River Basin is not subject to the mandatory disclosure provisions of section 552 of title 5, United States Code, but may be released only as provided in subsection (b). SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING. (a) Inventory.--To the maximum extent practicable, the Secretary of the Interior shall inventory the sediment and nutrient monitoring efforts, in existence as of the date of the enactment of this Act, of Federal, State, local, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps and redundancies. (b) Integration.--On the basis of the inventory, the Secretary of the Interior shall integrate the existing sediment and nutrient monitoring efforts, to the maximum extent practicable, into the sediment and nutrient monitoring network required by section 101. (c) Consultation and Use of Existing Data.--In carrying out this section, the Secretary of the Interior shall make maximum use of data in existence as of the date of the enactment of this Act and of ongoing programs and efforts of Federal, State, tribal, local, and nongovernmental entities in developing the sediment and nutrient monitoring network required by section 101. (d) Coordination With Long-Term Estuary Assessment Project.--The Secretary of the Interior shall carry out this section in coordination with the long-term estuary assessment project authorized by section 902 of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33 U.S.C. 2901 note). SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING EFFORTS. To establish the sediment and nutrient monitoring network, the Secretary of the Interior shall collaborate, to the maximum extent practicable, with other Federal, State, tribal, local and private sediment and nutrient monitoring programs that meet guidelines prescribed under section 102(a), as determined by the Secretary. SEC. 105. REPORTING REQUIREMENTS. The Secretary of the Interior shall report to Congress not later than 180 days after the date of the enactment of this Act on the development of the sediment and nutrient monitoring network. SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT. The National Research Council of the National Academy of Sciences shall conduct a comprehensive water resources assessment of the Upper Mississippi River Basin. TITLE II--COMPUTER MODELING AND RESEARCH SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT SOURCES. (a) Modeling Program Required.--As part of the Upper Mississippi River Stewardship Initiative, the Director of the United States Geological Survey shall establish a modeling program to identify significant sources of sediment and nutrients in the Upper Mississippi River Basin. (b) Role.--Computer modeling shall be used to identify subwatersheds which are significant sources of sediment and nutrient loss and shall be made available for the purposes of targeting public and private sediment and nutrient reduction efforts. (c) Components.--Sediment and nutrient models for the Upper Mississippi River Basin shall include the following: (1) Models to relate nutrient loss to landscape, land use, and land management practices. (2) Models to relate sediment loss to landscape, land use, and land management practices. (3) Models to define river channel nutrient transformation processes. (d) Collection of Ancillary Information.--Ancillary information shall be collected in a GIS format to support modeling and management use of modeling results, including the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Information on sediment and nutrient reduction improvement actions. (5) Remotely sense data. SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE INFORMATION. Not later than 90 days after the date of the enactment of this Act, the Director of the United States Geological Survey shall establish a system that uses the telecommunications medium known as the Internet to provide information regarding the following: (1) Public and private programs designed to reduce sediment and nutrient loss in the Upper Mississippi River Basin. (2) Information on sediment and nutrient levels in the Upper Mississippi River and its tributaries. (3) Successful sediment and nutrient reduction projects. SEC. 203. REPORTING REQUIREMENTS. (a) Monitoring Activities.--Commencing one year after the date of the enactment of this Act, the Director of the United States Geological Survey shall provide to Congress and make available to the public an annual report regarding monitoring activities conducted in the Upper Mississippi River Basin. (b) Modeling Activities.--Every three years, the Director of the United States Geological Survey shall provide to Congress and make available to the public a progress report regarding modeling activities. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) United States Geological Survey Activities.--There is authorized to be appropriated to the United States Geological Survey $6,250,000 each fiscal year to carry out this Act (other than section 106). Of the amounts appropriated for a fiscal year pursuant to this authorization of appropriations, one-third shall be made available for the United States Geological Survey Cooperative Water Program and the remainder shall be made available for the United States Geological Survey Hydrologic Networks and Analysis Program. (b) Water Resource and Water Quality Management Assessment.--There is authorized to be appropriated $650,000 to allow the National Research Council to perform the assessment required by section 106. SEC. 302. COST-SHARING REQUIREMENTS. Funds made available for the United States Geological Survey Cooperative Water Program under section 301(a) shall be subject to the same cost sharing requirements as specified in the last proviso under the heading ``united states geological survey-surveys, investigations, and research'' of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 510; 43 U.S.C. 50). Attest: LORRAINE C. MILLER, Clerk. By Deborah M. Spriggs, Deputy Clerk.

Upper Mississippi River Basin Protection Act - Title I: Sediment and Nutrient Monitoring Network - (Sec. 101) Directs the Secretary of the Interior, acting through the Director of the United States Geological Survey (USGS), to establish a sediment and nutrient monitoring network for the Upper Mississippi River Basin. (Sec. 102) Directs the Secretary to: (1) establish guidelines for related data collection and storage activities; (2) inventory the sediment and monitoring efforts of governmental and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies; (3) integrate the existing monitoring efforts into the network; (4) make maximum use of existing data and ongoing programs and efforts in developing the network; (5) carry out this section in coordination with the long-term estuary assessment project authorized by the Estuaries and Clean Waters Act of 2000; (6) collaborate with other public and private monitoring programs; and (7) report to Congress on the network's development. (Sec. 106) Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin. Title II: Computer Modeling and Research - (Sec. 201) Requires the Director to establish: (1) a computer modeling program to identify nutrient and sediment sources in the Basin; and (2) an Internet-based system to provide information about nutrient and sediment loss reduction programs and projects and nutrient and sediment levels in the Upper Mississippi River and its tributaries. (Sec. 203) Requires the Director to provide to Congress and make available to the public: (1) an annual report regarding monitoring activities conducted in the Upper Mississippi River Basin; and (2) a progress report every three years regarding modeling activities.Title III: Authorization of Appropriations and Related Matters - (Sec. 301) Authorizes appropriations to: (1) the USGS each fiscal year to carry out this Act, requiring one-third of the appropriated funds for the Cooperative Water Program and the remainder for the Hydrologic Networks and Analysis Program; and (2) the National Research Council for the water resources assessment.(Sec. 302) Makes funds available for the Cooperative Water Program subject to the same cost-sharing requirements as specified in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006.

To promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin, and for other purposes.

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, environmental, or recreational organizations. (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 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) subject to written determination by the Secretary of the Interior that the changes are consistent with the purposes of the designation. (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)), subject to a written determination by the Secretary that the measures are consistent with the purposes of the designation. (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 acquisition with the consent of the owner of the land; and (B) subject to the additional criteria set forth in the management plan. (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) Designation of Additional Segment.-- (1) Definition of additional segment.--In this subsection, the term ``additional segment'' means the 3.8-mile segment of the Missisquoi River extending from the confluence of the Burgess Branch and East Branch of the Missisquoi River in Lowell to the Lowell/Westfield town line. (2) Findings.--Congress finds that the additional segment is eligible and suitable for designation as a recreational river if the Secretary of the Interior determines that there is adequate local support for the designation in accordance with paragraph (4). (3) Designation and administration.--If the Secretary of the Interior determines that there is adequate local support for the designation of the additional segment in accordance with paragraph (4)-- (A) the Secretary shall publish in the Federal Register notice of the designation of the additional segment; (B) the additional segment shall be designated as a recreational river in accordance with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); and (C) the Secretary shall administer the additional segment as a recreational river. (4) Determination of local support.--The Secretary of the Interior shall determine that there is adequate local support for the designation of the additional segment as a recreational river if the legal voters of the town of Lowell, Vermont express by a majority vote a desire for the designation.

. Upper Missisquoi and Trout Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act to designate two segments of the Missisquoi River and one segment of the Trout River in Vermont as components of the National Wild and Scenic Rivers System to be administered by the Secretary of the Interior as a recreational river. Requires the river segments designated by this Act to be managed in accordance with the Upper Missisquoi and Trout Rivers Management Plan. Requires the Secretary 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 multistate 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. 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 with the owner's consent. Bars the Missisquoi and Trout Rivers from being administered as part of the National Park System. Directs the Secretary, upon determining that there is adequate local support for the designation of an additional segment in Vermont, to publish a notice of the designation in the Federal Register, designate the additional segment, and administer the additional segment as a recreational river.

Upper Missisquoi and Trout Wild and Scenic Rivers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commemorative Events Advisory Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the preparation and consideration of the multitude of bills proposing particular days, weeks, months, or years for recognition through Presidential proclamation unduly burdens the Congress and consumes an inordinate amount of time; (2) such proposals could be more efficiently considered by a commission whose sole function would be to review proposals for national commemorative events and to make positive or negative recommendations thereon to the President; (3) such a commission would streamline the process by which such proposals are currently considered and save the Congress considerable time and resources which could be devoted to matters of more pressing national concern; and (4) such a commission would better ensure the impartial review of proposals for national commemorative events generated by a wide variety of constituent groups. SEC. 3. ESTABLISHMENT AND MEMBERSHIP. (a) In General.--There shall be established a commission to be known as the ``President's Advisory Commission on National Commemorative Events'' (hereafter in this Act referred to as the ``Commission''). (b) Members.--The Commission shall be composed of 11 members of whom-- (1) 2 members shall be appointed by the Speaker of the House of Representatives, after consultation with the majority and minority leaders of the House of Representatives; (2) 2 members shall be appointed by the President pro tempore of the Senate, after consultation with the majority and minority leaders of the Senate; and (3) 7 members shall be appointed by the President. (c) Qualifications.--(1) All members of the Commission shall be citizens of the United States. (2) Members appointed under subsection (b)(3)-- (A) to the greatest extent possible, shall represent a wide range of educational, geographical, and professional backgrounds; and (B) may not be Members of Congress. (d) Terms.--(1) Except as provided in paragraph (2), each member shall be appointed for a term of 2 years. (2) Of the members first appointed under subsection (b)(3) the President shall designate-- (A) 3 who shall be appointed for 1 year; and (B) 4 who shall be appointed for 2 years. (3) If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, that member may continue as a member for not longer than the 30-day period beginning on the date that member ceases to be a Member of Congress. (e) Vacancies.--A vacancy shall be filled in the manner in which the original appointment was made. A vacancy in the Commission shall not affect its powers. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of such term. (f) Chairman.--The Chairman of the Commission shall be designated by the President from among the members under subsection (b)(3). The term of office of the Chairman shall be 2 years. (g) Quorum.--6 members of the Commission shall constitute a quorum. Action by a quorum shall be necessary for the Commission to issue a recommendation under section 6(d). (h) Meetings.--The Commission shall meet on at least a quarterly basis. Meetings shall be held in the District of Columbia. (i) Pay.--(1) Except as provided in paragraph (2), each member of the Commission shall be paid the daily equivalent of the maximum rate of basic pay payable for grade GS-15 of the General Schedule for each day, including traveltime, during which such member is performing duties of the Commission. (2) Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay for service on the Commission. (j) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including a per diem allowance in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed travel expenses under section 5703 of title 5 of the United States Code. SEC. 4. STAFF. (a) Limitation on Staff.--The Commission may not employ staff personnel. (b) Detail of Staff from Federal Agencies.--Any Federal employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold such hearings, take such testimony, and receive such evidence, as it considers appropriate. (b) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property, but not from a source having a direct interest in any matter before the Commission. (c) 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. (d) Administrative Support Services.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. SEC. 6. DUTIES OF THE COMMISSION. (a) Criteria.--The Commission shall establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved. (b) Submission of Proposals.--The Commission shall establish and publish in the Federal Register procedures for submitting proposals for national commemorative events to the Commission. (c) Review of Proposals.--The Commission shall review all proposals submitted to it in accordance with subsection (b). (d) Recommendation to the President.--The Commission shall issue a recommendation to the President for approval or disapproval of each proposal submitted to it in accordance with subsection (b). Each recommendation shall be accompanied by a brief explanation of such recommendation. (e) Limitation on Designation of Events.--The Commission shall not issue a recommendation to the President for approval of an event which commemorates-- (1) a commercial enterprise, industry, specific product, or fraternal, political, business, labor, or sectarian organization; (2) a particular State or any political subdivision thereof, city, town, county, school, or institution of higher learning; or (3) a living person. (f) Nonpermanent Designations.--(1) Any day, week, month, year, or other specified period of time designated by the Commission for commemoration of an event may not be designated for a date or time period which begins more than 1 year after the date such designation is made. (2) No event which is commemorated by a day, week, month, year, or other specified period of time designated by the Commission may be commemorated by another designation within a single calendar year. SEC. 7. EFFECTIVE DATE; COMMENCEMENT AND TERMINATION PROVISIONS. (a) Effective Date.--This Act shall take effect on January 1, 1996. (b) Commencement; Termination.--(1) Members of the Commission shall be appointed, and the Commission shall first meet, within 90 days after the effective date of this Act. (2) The Commission shall terminate 5 years after the date on which it first meets.

National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed. Prohibits the Commission from issuing a recommendation to the President for approval of an event which commemorates: (1) a commercial enterprise, industry, specific product, or fraternal, political, business, labor, or sectarian organization; (2) a particular State or any political subdivision, city, town, county, school, or institution of higher learning; or (3) a living person. Bars: (1) the Commission from designating for commemoration of an event of any date or time period which begins more than one year after its designation date; or (2) an event which is commemorated by a specified period of time designated by the Commission from being commemorated by another designation within a single calendar year.

National Commemorative Events Advisory Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Extraterritorial Jurisdiction Act of 2000''. SEC. 2. FEDERAL JURISDICTION. (a) Certain Criminal Offenses Committed Outside the United States.--Title 18, United States Code, is amended by inserting after chapter 211 the following new chapter: ``CHAPTER 212--MILITARY EXTRATERRITORIAL JURISDICTION ``Sec. ``3261. Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States. ``3262. Arrest and commitment. ``3263. Delivery to authorities of foreign countries. ``3264. Limitation on removal. ``3265. Initial proceedings. ``3266. Regulations. ``3267. Definitions. ``Sec. 3261. Criminal offenses committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States ``(a) Whoever engages in conduct outside the United States that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States-- ``(1) while employed by or accompanying the Armed Forces outside the United States; or ``(2) while a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice), shall be punished as provided for that offense. ``(b) No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated. ``(c) Nothing in this chapter may be construed to deprive a court- martial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by a court-martial, military commission, provost court, or other military tribunal. ``(d) No prosecution may be commenced against a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code of Military Justice) under this section unless-- ``(1) such member ceases to be subject to such chapter; or ``(2) an indictment or information charges that the member committed the offense with one or more other defendants, at least one of whom is not subject to such chapter. ``Sec. 3262. Arrest and commitment ``(a) The Secretary of Defense may designate and authorize any person serving in a law enforcement position in the Department of Defense to arrest, in accordance with applicable international agreements, outside the United States any person described in section 3261(a) if there is probable cause to believe that such person violated section 3261(a). ``(b) Except as provided in sections 3263 and 3264, a person arrested under subsection (a) shall be delivered as soon as practicable to the custody of civilian law enforcement authorities of the United States for removal to the United States for judicial proceedings in relation to conduct referred to in such subsection unless such person has had charges brought against him or her under chapter 47 of title 10 for such conduct. ``Sec. 3263. Delivery to authorities of foreign countries ``(a) Any person designated and authorized under section 3262(a) may deliver a person described in section 3261(a) to the appropriate authorities of a foreign country in which such person is alleged to have violated section 3261(a) if-- ``(1) appropriate authorities of that country request the delivery of the person to such country for trial for such conduct as an offense under the laws of that country; and ``(2) the delivery of such person to that country is authorized by a treaty or other international agreement to which the United States is a party. ``(b) The Secretary of Defense, in consultation with the Secretary of State, shall determine which officials of a foreign country constitute appropriate authorities for purposes of this section. ``Sec. 3264. Limitation on removal ``(a) Except as provided in subsection (b), and except for a person delivered to authorities of a foreign country under section 3263, a person arrested for or charged with a violation of section 3261(a) shall not be removed-- ``(1) to the United States; or ``(2) to any foreign country other than a country in which such person is believed to have violated section 3261(a). ``(b) The limitation in subsection (a) does not apply if-- ``(1) a Federal magistrate judge orders the person to be removed to the United States to be present at a detention hearing held pursuant to section 3142(f); ``(2) a Federal magistrate judge orders the detention of the person before trial pursuant to section 3142(e), in which case the person shall be promptly removed to the United States for purposes of such detention; ``(3) the person is entitled to, and does not waive, a preliminary examination under the Federal Rules of Criminal Procedure, in which case the person shall be removed to the United States in time for such examination; ``(4) a Federal magistrate judge otherwise orders the person to be removed to the United States; or ``(5) the Secretary of Defense determines that military necessity requires that the limitations in subsection (a) be waived, in which case the person shall be removed to the nearest United States military installation outside the United States adequate to detain the person and to facilitate the initial appearance described in section 3265(a). ``Sec. 3265. Initial proceedings ``(a)(1) In the case of any person arrested for or charged with a violation of section 3261(a) who is not delivered to authorities of a foreign country under section 3263, the initial appearance of that person under the Federal Rules of Criminal Procedure-- ``(A) shall be conducted by a Federal magistrate judge; and ``(B) may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person. ``(2) In conducting the initial appearance, the Federal magistrate judge shall also determine whether there is probable cause to believe that an offense under section 3261(a) was committed and that the person committed it. ``(3) If the Federal magistrate judge determines that probable cause exists that the person committed an offense under section 3261(a), and if no motion is made seeking the person's detention before trial, the Federal magistrate judge shall also determine at the initial appearance the conditions of the person's release before trial under chapter 207 of this title. ``(b) In the case of any person described in subsection (a), any detention hearing of that person under section 3142(f)-- ``(1) shall be conducted by a Federal magistrate judge; and ``(2) at the request of the person, may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person. ``(c)(1) If any initial proceeding under this section with respect to any such person is conducted while the person is outside the United States, and the person is entitled to have counsel appointed for purposes of such proceeding, the Federal magistrate judge may appoint as such counsel for purposes of such hearing a qualified military counsel. ``(2) For purposes of this subsection, the term `qualified military counsel' means a judge advocate made available by the Secretary of Defense for purposes of such proceedings, who-- ``(A) is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State; and ``(B) is certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member. ``Sec. 3266. Regulations ``(a) The Secretary of Defense, after consultation with the Secretary of State and the Attorney General, shall prescribe regulations governing the apprehension, detention, delivery, and removal of persons under this chapter and the facilitation of proceedings under section 3265. Such regulations shall be uniform throughout the Department of Defense. ``(b)(1) The Secretary of Defense, after consultation with the Secretary of State and the Attorney General, shall prescribe regulations requiring that, to the maximum extent practicable, notice shall be provided to any person employed by or accompanying the Armed Forces outside the United States who is not a national of the United States that such person is potentially subject to the criminal jurisdiction of the United States under this chapter. ``(2) A failure to provide notice in accordance with the regulations prescribed under paragraph (1) shall not defeat the jurisdiction of a court of the United States or provide a defense in any judicial proceeding arising under this chapter. ``(c) The regulations prescribed under this section, and any amendments to those regulations, shall not take effect before the date that is 90 days after the date on which the Secretary of Defense submits a report containing those regulations or amendments (as the case may be) to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate. ``Sec. 3267. Definitions ``As used in this chapter: ``(1) The term `employed by the Armed Forces outside the United States' means-- ``(A) employed as a civilian employee of the Department of Defense (including a nonappropriated fund instrumentality of the Department), as a Department of Defense contractor (including a subcontractor at any tier), or as an employee of a Department of Defense contractor (including a subcontractor at any tier); ``(B) present or residing outside the United States in connection with such employment; and ``(C) not a national of or ordinarily resident in the host nation. ``(2) The term `accompanying the Armed Forces outside the United States' means-- ``(A) a dependent of-- ``(i) a member of the Armed Forces; ``(ii) a civilian employee of the Department of Defense (including a nonappropriated fund instrumentality of the Department); or ``(iii) a Department of Defense contractor (including a subcontractor at any tier) or an employee of a Department of Defense contractor (including a subcontractor at any tier); ``(B) residing with such member, civilian employee, contractor, or contractor employee outside the United States; and ``(C) not a national of or ordinarily resident in the host nation. ``(3) The term `Armed Forces' has the meaning given the term `armed forces' in section 101(a)(4) of title 10. ``(4) The terms `Judge Advocate General' and `judge advocate' have the meanings given such terms in section 801 of title 10.''. (b) Clerical Amendment.--The table of chapters for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 211 the following new item: ``212. Military extraterritorial jurisdiction...................3261''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Military and Extraterritorial Jurisdiction Act of 1999 - Amends the Uniform Code of Military Justice to make subject to its provisions civilian employees of the Department of Defense (DOD) and civilian employees of DOD contractors who, in support of a contingency operation as designated by the Secretary of Defense, are serving with and accompanying an armed force outside the United States. Amends the Federal criminal code to provide penalties for conduct engaged in by such individuals that would constitute an offense punishable by imprisonment for more than one year if such conduct had been engaged in within the maritime and territorial jurisdiction of the United States. Prohibits a Federal criminal action if a recognized foreign government has prosecuted or is prosecuting such person for the conduct constituting the offense. Provides for the arrest of such individuals outside the United States and their release to U.S. civilian law enforcement personnel. Authorizes the release to a recognized foreign government of persons who engage in such conduct in that country. Directs the Secretary to: (1) prescribe regulations governing the apprehension, detention and removal of persons under this Act; and (2) issue regulations requiring that notice be provided to any person covered by this Act who is not a U.S. national that such person is potentially subject to the criminal jurisdiction of the United States. States that failure to provide such notice shall not defeat such jurisdiction.

Military Extraterritorial Jurisdiction Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Graton Rancheria Restoration Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In their 1997 Report to Congress, the Advisory Council on California Indian Policy specifically recommended the immediate legislative restoration of the Graton Rancheria. (2) The Federated Indians of Graton Rancheria Tribal Council has made the express decision to restrict gaming consistent with the provisions of this Act. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Tribe'' means the Indians of the Graton Rancheria of California. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Interim Tribal Council'' means the governing body of the Tribe specified in section 7. (4) The term ``member'' means an individual who meets the membership criteria under section 6(b). (5) The term ``State'' means the State of California. (6) The term ``reservation'' means those lands acquired and held in trust by the Secretary for the benefit of the Tribe. (7) The term ``service area'' means the counties of Marin and Sonoma, in the State of California. SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES. (a) Federal Recognition.--Federal recognition is hereby restored to the Tribe. Except as otherwise provided in this Act, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. (b) Restoration of Rights and Privileges.--Except as provided in subsection (d), all rights and privileges of the Tribe and its members under any Federal treaty, Executive order, agreement, or statute, or under any other authority which were diminished or lost under the Act of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby restored, and the provisions of such Act shall be inapplicable to the Tribe and its members after the date of the enactment of this Act. (c) Federal Services and Benefits.-- (1) In general.--Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after the date of enactment of this Act for all Federal services and benefits furnished to federally recognized Indian tribes or their members. For the purposes of Federal services and benefits available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe's service area shall be deemed to be residing on a reservation. (2) Relation to other laws.--The eligibility for or receipt of services and benefits under paragraph (1) by a tribe or individual shall not be considered as income, resources, or otherwise when determining the eligibility for or computation of any payment or other benefit to such tribe, individual, or household under-- (A) any financial aid program of the United States, including grants and contracts subject to the Indian Self-Determination Act; or (B) Any other benefit to which such tribe, household, or individual would otherwise be entitled under any Federal or federally assisted program. (d) Hunting, Fishing, Trapping, Gathering, and Water Rights.-- Nothing in this Act shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and its members. (e) Certain Rights Not Altered.--Except as specifically provided in this Act, nothing in this Act shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes levied. SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST. (a) Lands To Be Taken in Trust.--Upon application by the Tribe, the Secretary shall accept into trust for the benefit of the Tribe any real property located in Marin or Sonoma County, California, for the benefit of the Tribe after the property is conveyed or otherwise transferred to the Secretary and if, at the time of such conveyance or transfer, there are no adverse legal claims to such property, including outstanding liens, mortgages, or taxes. (b) Former Trust Lands of the Graton Rancheria.--Subject to the conditions specified in this section, real property eligible for trust status under this section shall include Indian owned fee land held by persons listed as distributees or dependent members in the distribution plan approved by the Secretary on September 17, 1959, or such distributees' or dependent members' Indian heirs or successors in interest. (c) Lands To Be Part of Reservation.--Any real property taken into trust for the benefit of the Tribe pursuant to this Act shall be part of the Tribe's reservation. (d) Gaming Restricted.--Notwithstanding subsection (c), real property taken into trust for the benefit of the Tribe pursuant to this Act shall not be exempt under section 20(b) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)). (e) Lands To Be Nontaxable.--Any real property taken into trust for the benefit of the Tribe pursuant to this section shall be exempt from all local, State, and Federal taxation as of the date that such land is transferred to the Secretary. SEC. 6. MEMBERSHIP ROLLS. (a) Compilation of Tribal Membership Roll.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe. (b) Criteria for Membership.-- (1) Until a tribal constitution is adopted under section 8, an individual shall be placed on the Graton membership roll if such individual is living, is not an enrolled member of another federally recognized Indian tribe, and if-- (A) such individual's name was listed on the Graton Indian Rancheria distribution list compiled by the Bureau of Indian Affairs and approved by the Secretary of the Interior on September 17, 1959, under Public Law 85-671; (B) such individual was not listed on the Graton Indian Rancheria distribution list, but met the requirements that had to be met to be listed on the Graton Indian Rancheria distribution list; (C) such individual is identified as an Indian from the Graton, Marshall, Bodega, Tomales, or Sebastopol, California, vicinities, in documents prepared by or at the direction of the Bureau of Indian Affairs, or in any other public or California mission records; or (D) such individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A), (B), or (C). (2) After adoption of a tribal constitution under section 8, such tribal constitution shall govern membership in the Tribe. (c) Conclusive Proof of Graton Indian Ancestry.--For the purpose of subsection (b), the Secretary shall accept any available evidence establishing Graton Indian ancestry. The Secretary shall accept as conclusive evidence of Graton Indian ancestry information contained in the census of the Indians from the Graton, Marshall, Bodega, Tomales, or Sebastopol, California, vicinities, prepared by or at the direction of Special Indian Agent John J. Terrell in any other roll or census of Graton Indians prepared by or at the direction of the Bureau of Indian Affairs and in the Graton Indian Rancheria distribution list compiled by the Bureau of Indian Affairs and approved by the Secretary on September 17, 1959. SEC. 7. INTERIM GOVERNMENT. Until the Tribe ratifies a final constitution consistent with section 8, the Tribe's governing body shall be an Interim Tribal Council. The initial membership of the Interim Tribal Council shall consist of the members serving on the date of enactment of this Act, who have been elected under the tribal constitution adopted May 3, 1997. The Interim Tribal Council shall continue to operate in the manner prescribed under such tribal constitution. Any vacancy on the Interim Tribal Council shall be filled by individuals who meet the membership criteria set forth in section 6(b) and who are elected in the same manner as are Tribal Council members under the tribal constitution adopted May 3, 1997. SEC. 8. TRIBAL CONSTITUTION. (a) Election; Time; Procedure.--After the compilation of the tribal membership roll under section 6(a), upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election for the purpose of ratifying a final constitution for the Tribe. The election shall be held consistent with sections 16(c)(1) and 16(c)(2)(A) of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act; 25 U.S.C. 476(c)(1) and 76(c)(2)(A), respectively). Absentee voting shall be permitted regardless of voter residence. (b) Election of Tribal Officials; Procedures.--Not later than 120 days after the Tribe ratifies a final constitution under subsection (a), the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in such tribal constitution. Such election shall be conducted consistent with the procedures specified in subsection (a) except to the extent that such procedures conflict with the tribal constitution.

Requires the Secretary of the Interior, upon application by the Tribe, to accept in trust for the Tribe any real property located in Marin or Sonoma County, California, after the property is conveyed to the Secretary if there are no adverse legal claims to such property. Provides that any such property shall: (1) be part of the Tribe's reservation; (2) not be exempt from the Indian Gaming Regulatory Act; and (3) be exempt from all local, State, and Federal taxation. Directs the Secretary to compile a membership roll of the Tribe not later than one year after the date of the enactment of this Act. Provides for: (1) an Interim Tribal Council to be the Tribe's governing body; (2) an election to ratify a Tribal constitution; and (3) the election of Tribal officials under such constitution.

Graton Rancheria Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Business Security Tax Credit Act of 2005''. SEC. 2. AGRICULTURAL CHEMICALS SECURITY 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. 45N. AGRICULTURAL CHEMICALS SECURITY CREDIT. ``(a) In General.--For purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 30 percent of the qualified security expenditures for the taxable year. ``(b) Facility Limitation.--The amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed-- ``(1) $100,000, reduced by ``(2) the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years. ``(c) Annual Limitation.--The amount of the credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $2,000,000. ``(d) Qualified Chemical Security Expenditure.--For purposes of this section, the term `qualified chemical security expenditure' means, with respect to any eligible agricultural business for any taxable year, any amount paid or incurred by such business during such taxable year for-- ``(1) employee security training and background checks, ``(2) limitation and prevention of access to controls of specified agricultural chemicals stored at the facility, ``(3) tagging, locking tank valves, and chemical additives to prevent the theft of specified agricultural chemicals or to render such chemicals unfit for illegal use, ``(4) protection of the perimeter of specified agricultural chemicals, ``(5) installation of security lighting, cameras, recording equipment, and intrusion detection sensors, ``(6) implementation of measures to increase computer or computer network security, ``(7) conducting a security vulnerability assessment, ``(8) implementing a site security plan, and ``(9) such other measures for the protection of specified agricultural chemicals as the Secretary may identify in regulation. Amounts described in the preceding sentence shall be taken into account only to the extent that such amounts are paid or incurred for the purpose of protecting specified agricultural chemicals. ``(e) Eligible Agricultural Business.--For purposes of this section, the term `eligible agricultural business' means any person in the trade or business of-- ``(1) selling agricultural products, including specified agricultural chemicals, at retail predominantly to farmers and ranchers, or ``(2) manufacturing, formulating, distributing, or aerially applying specified agricultural chemicals. ``(f) Specified Agricultural Chemical.--For purposes of this section, the term `specified agricultural chemical' means-- ``(1) any fertilizer commonly used in agricultural operations which is listed under-- ``(A) section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986, ``(B) section 101 of part 172 of title 49, Code of Federal Regulations, or ``(C) part 126, 127, or 154 of title 33, Code of Federal Regulations, and ``(2) any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on crops grown for food, feed, or fiber. ``(g) Controlled Groups.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section. ``(h) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which-- ``(1) provide for the proper treatment of amounts which are paid or incurred for purpose of protecting any specified agricultural chemical and for other purposes, and ``(2) provide for the treatment of related properties as one facility for purposes of subsection (b). ``(i) Termination.--This section shall not apply to any amount paid or incurred after December 31, 2010.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(27) in the case of an eligible agricultural business (as defined in section 45J(e)), the agricultural chemicals security credit determined under section 45N(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(e) Credit for Security of Agricultural Chemicals.--No deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 45N for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45N(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45N. Agricultural chemicals security credit''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2005.

Agricultural Business Security Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a retailer of agricultural products and chemicals or a manufacturer, formulator, or distributor of certain pesticides a business tax credit for 30 percent of costs for or related to the protection of such chemicals or pesticides, including employee security training and background checks, installation of security equipment, and computer network safeguards. Sets a $2 million annual limit on such credit and a per facility limitation of $100,000 (reduced by credits received for the five prior taxable years). Terminates such credit after 2010.

A bill to amend the Internal Revenue Code of 1986 to provide a credit to certain agriculture-related businesses for the cost of protecting certain chemicals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Fairness Act of 2005''. SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(z)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next higher multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next higher multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next higher multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (d) Conforming Amendments Regarding Payment of Benefits for Month of Recipient's Death.-- (1) Old-age insurance benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (2) Wife's insurance benefits.-- (A) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (i) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (B) Conforming amendment.--Section 202(b)(4)(B) of such Act (42 U.S.C. 402(b)(4)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (3) Husband's insurance benefits.-- (A) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (i) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (B) Conforming amendment.--Section 202(c)(4)(B) of such Act (42 U.S.C. 402(c)(4)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (4) Child's insurance benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (B) by striking ``dies, or'' in subparagraph (D). (5) Widow's insurance benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (6) Widower's insurance benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (7) Mother's and father's insurance benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (A) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (B) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (8) Parent's insurance benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (9) Disability insurance benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (10) Benefits at age 72 for certain uninsured individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (11) Exemption from maximum benefit cap.--Section 203 of such Act (42 U.S.C. 403 is amended by adding at the end the following new subsection: ``Exemption From Maximum Benefit Cap ``(m) Notwithstanding any other provision of this section, the application of this section shall be made without regard to any benefit of an individual under section 202, 223, or 228 for the month in which such individual dies.''. SEC. 3. INCREASE IN LUMP-SUM DEATH PAYMENTS. Section 202(i) of the Social Security Act (42 U.S.C. 402(i)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) in subparagraph (B) (as redesignated), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; (3) by inserting ``(1)'' after ''(i)''; (4) by striking ``three times'' and all that follows through ``smaller,'' and inserting ``the applicable dollar amount for the calendar year in which the death occurs (determined under paragraph (2))''; and (5) by adding at the end the following new paragraph: ``(2)(A) Except as otherwise provided in subparagraph (B), the applicable dollar amount for any calendar year is $970. ``(B) In each calendar year after 2005, the Commissioner of Social Security shall determine and publish in the Federal Register, on or before November 1 of such calendar year, the applicable dollar amount for the next calendar year. Such dollar amount shall be equal to the product derived by multiplying-- ``(i) $970, by ``(ii) the ratio of-- ``(I) the national average wage index (as defined in section 209(k)(1)) for the calendar year before the calendar year in which the determination is made, to ``(II) the national average wage index (as so defined) for calendar year 2004. If such product is not a multiple of $5.00, such product shall be rounded to the next higher multiple of $5.00 in any case in which such product is a multiple of $2.50 but not of $5.00, and to the nearest multiple of $5.00 in any other case.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after 90 days after the date of the enactment of this Act.

Social Security Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) provide that, if an OASDI recipient dies during the first 15 days of a month, the last payment of the monthly benefit for that month shall be half the usual benefit amount; and (2) provide for an increase in lump-sum death payments.

To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month, and to increase the lump sum death payment to reflect changes in the cost of living.

SECTION 1. SHORT TITLE, FINDINGS, PURPOSES. (a) Short Title.--This Act may be cited as the ``Colorado River Indian Reservation Boundary Correction Act''. (b) Findings.--Congress finds the following: (1) The Act of March 3, 1865, created the Colorado River Indian Reservation (hereinafter ``Reservation'') along the Colorado River in Arizona and California for the ``Indians of said river and its tributaries''. (2) In 1873 and 1874, President Grant issued Executive orders to expand the Reservation southward and to secure its southern boundary at a clearly recognizable geographic location in order to forestall non-Indian encroachment and conflicts with the Indians of the Reservation. (3) In 1875, Mr. Chandler Robbins surveyed the Reservation (hereinafter ``the Robbins Survey'') and delineated its new southern boundary, which included approximately 16,000 additional acres (hereinafter ``the La Paz lands''), as part of the Reservation. (4) On May 15, 1876, President Grant issued an Executive order that established the Reservation's boundaries as those delineated by the Robbins Survey. (5) In 1907, as a result of increasingly frequent trespasses by miners and cattle and at the request of the Bureau of Indian Affairs, the General Land Office of the United States provided for a resurvey of the southern and southeastern areas of the Reservation. (6) In 1914, the General Land Office accepted and approved a resurvey of the Reservation conducted by Mr. Guy Harrington in 1912 (hereinafter the ``Harrington Resurvey'') which confirmed the boundaries that were delineated by the Robbins Survey and established by Executive order in 1876. (7) On November 19, 1915, the Secretary of the Interior reversed the decision of the General Land Office to accept the Harrington Resurvey, and upon his recommendation on November 22, 1915, President Wilson issued Executive Order No. 2273 ``* * * to correct the error in location said southern boundary line * * *''--and thus effectively excluded the La Paz from the Reservation. (8) Historical evidence compiled by the Department of the Interior supports the conclusion that the reason given by the Secretary in recommending that the President issue the 1915 Executive order--``to correct an error in locating the southern boundary''--was itself in error and that the La Paz lands should not have been excluded from the Reservation. (9) The La Paz lands continue to hold cultural and historical significance, as well as economic development potential, for the Colorado River Indian tribes, who have consistently sought to have such lands restored to their Reservation. (c) Purposes.--The purposes of this Act are: (1) To correct the south boundary of the Reservation by reestablishing such boundary as it was delineated by the Robbins Survey and affirmed by the Harrington Resurvey. (2) To restore the La Paz lands to the Reservation, subject to valid existing rights under Federal law and to provide for continued reasonable public access for recreational purposes. (3) To provide for the Secretary of the Interior to review and ensure that the corrected Reservation boundary is resurveyed and marked in conformance with the public system of surveys extended over such lands. SEC. 2. BOUNDARY CORRECTION, RESTORATION, DESCRIPTION. (a) Boundary.--The boundaries of the Colorado River Indian Reservation are hereby declared to include those boundaries as were delineated by the Robbins Survey, affirmed by the Harrington Survey, and described as follows: The approximately 15,375 acres of Federal land described as ``Lands Identified for Transfer to Colorado River Indian Tribes'' on the map prepared by the Bureau of Land Management entitled ``H.R. 2981, Colorado River Indian Reservation Boundary Correction Act, and dated May 14, 2004'', (hereinafter referred to as the ``Map'') (b) Map.--The Map shall be available for review at the Bureau of Land Management. (c) Restoration.--Subject to valid existing rights under Federal law, all right, title, and interest of the United States to those lands within the boundaries declared in subsection (a) that were excluded from the Colorado River Indian Reservation pursuant to Executive Order No. 2273 (November 22, 1915) are hereby restored to the Reservation and shall be held in trust by the United States on behalf of the Colorado River Indian Tribes. (d) Exclusion.--Excluded from the lands restored to trust status on behalf of the Colorado River Indian Tribes that are described in subsection (a) are 2 parcels of Arizona State Lands identified on the Map as ``State Lands'' and totaling 320 acres and 520 acres. SEC. 3. RESURVEY AND MARKING. The Secretary of the Interior shall ensure that the boundary for the restored lands described in section 2(a) is surveyed and clearly marked in conformance with the public system of surveys extended over such lands. SEC. 4. WATER RIGHTS. The restored lands described in section 2(a) and shown on the Map shall have no Federal reserve water rights to surface water or ground water from any source. SEC. 5. PUBLIC ACCESS. Continued access to the restored lands described in section (2)(a) for hunting and other existing recreational purposes shall remain available to the public under reasonable rules and regulations promulgated by the Colorado River Indian Tribes. SEC. 6. ECONOMIC ACTIVITY. (a) In General.--The restored lands described in section (2)(a) shall be subject to all rights-of-way, easements, leases, and mining claims existing on the date of the enactment of this Act. The United States reserves the right to continue all Reclamation projects, including the right to access and remove mineral materials for Colorado River maintenance on the restored lands described in section (2)(a). (b) Additional Rights-of-way.--Notwithstanding any other provision of law, the Secretary, in consultation with the Tribe, shall grant additional rights-of-way, expansions, or renewals of existing rights- of-way for roads, utilities, and other accommodations to adjoining landowners or existing right-of-way holders, or their successors and assigns, if-- (1) the proposed right-of-way is necessary to the needs of the applicant; (2) the proposed right-of-way acquisition will not cause significant and substantial harm to the Colorado River Indian Tribes; and (3) the proposed right-of-way complies with the procedures in part 169 of title 25, Code of Federal Regulations consistent with this subsection and other generally applicable Federal laws unrelated to the acquisition of interests on trust lands, except that section 169.3 of those regulations shall not be applicable to expansions or renewals of existing rights-of-way for roads and utilities. (c) Fees.--The fees charged for the renewal of any valid lease, easement, or right-of-way subject to this section shall not be greater than the current Federal rate for such a lease, easement, or right-of- way at the time of renewal if the holder has been in substantial compliance with all terms of the lease, easement, or right-of-way. SEC. 7. GAMING. Land taken into trust under this Act shall neither be considered to have been taken into trust for gaming nor be used for gaming (as that term is used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)). Passed the House of Representatives September 28, 2004. Attest: JEFF TRANDAHL, Clerk.

Colorado River Indian Reservation Boundary Correction Act - Declares that the boundaries of the Colorado River Indian Reservation are the boundaries delineated by the Robbins Survey of 1875 and affirmed by the Harrington Resurvey of 1912 (which include 16,000 acres known as the La Paz lands). Restores to the Reservation all right, title, and interest of the United States to those lands within such boundaries that were excluded from the Reservation pursuant to Executive Order No. 2273 (November 22, 1915), which shall be held in trust by the United States on behalf of the Colorado River Indian Tribes. (Excludes from such restored lands specified lands under title to the Arizona State Lands Department.) Subjects the restored lands to all existing rights-of-way, easements, leases, and mining claims. Declares that the United States reserves the right to continue all Reclamation projects, including the right to access and remove mineral materials for Colorado River maintenance on the restored lands. Requires the Secretary of the Interior to grant additional rights-of-way, expansions, or renewals of existing rights-of-way for roads, utilities, and other accommodations to adjoining landowners or existing right-of-way holders, if certain criteria are met. Prohibits gaming on lands taken into trust under this Act.

To correct the south boundary of the Colorado River Indian Reservation in Arizona, and for other purposes.

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

Expedited Consideration of Proposed Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President an additional method of rescinding budget authority by the transmittal to the Congress, for expedited consideration, of one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Limits the amount subject to rescission to 25 percent of the amount appropriated. Sets forth House and Senate procedures for the expedited consideration of such a proposal.

Expedited Consideration of Proposed Rescissions Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limitation on Nuclear Cooperation with the United Arab Emirates Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Foreign Relations of the Senate. (2) Government of the united arab emirates.-- (A) In general.--The term ``Government of the United Arab Emirates'' includes the government of any subdivision of the United Arab Emirates, and any agency or instrumentality of the Government of the United Arab Emirates. (B) Agency or instrumentality.--For purposes of subparagraph (A), the term ``agency or instrumentality of the Government of the United Arab Emirates'' means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to ``the United Arab Emirates''. (3) Government of iran.-- (A) In general.--The term ``Government of Iran'' includes the government of any subdivision of Iran, and any agency or instrumentality of the Government of Iran. (B) Agency or instrumentality.--For purposes of subparagraph (A), the term ``agency or instrumentality of the Government of Iran'' means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to ``Iran''. (4) National of the united arab emirates.--The term ``national of the United Arab Emirates'' means-- (A) any citizen of the United Arab Emirates; or (B) any other legal entity that is organized under the laws of the United Arab Emirates. (5) National of iran.--The term ``national of Iran'' means-- (A) any citizen of Iran; or (B) any other legal entity that is organized under the laws of Iran. SEC. 3. RESTRICTION ON NUCLEAR COOPERATION WITH THE UNITED ARAB EMIRATES. (a) Restriction on Nuclear Cooperation Agreement.--Notwithstanding any other provision of law or any international agreement, no agreement for cooperation between the United States of America and the United Arab Emirates pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) may enter into force on or after the date of the enactment of this Act unless not less than 30 legislative days prior to such entry into force the President certifies to the appropriate congressional committees that the requirements of subsection (c) have been met. (b) Restriction on Exports of Nuclear Material, Equipment, or Technology.--No license may be issued for the export of nuclear material, equipment, or technology to the United Arab Emirates pursuant to an agreement for cooperation between the United States of America and the United Arab Emirates pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) for any fiscal year beginning after the date of the enactment of this Act unless not less than 30 legislative days prior to the issuance of such license the President certifies to the appropriate congressional committees for such fiscal year that the requirements of subsection (c) have been met. (c) Requirements.--The requirements referred to in this subsection are the following: (1) The Government of the United Arab Emirates has taken, and is continuing to take, effective actions to prohibit, terminate, and prevent the transfer of goods, services, or technology to the Government of Iran, including fully implementing United Nations Security Council sanctions against Iran. (2) For the preceding 12-month period-- (A) there has been no cooperation with respect to any activity described in paragraph (1) between the Government of the United Arab Emirates and the Government of Iran, any national of Iran, or any Iranian-controlled entity based on all credible information available to the United States at the time of the certification; (B)(i) there has been no cooperation with respect to any activity described in paragraph (1) between any national of the United Arab Emirates and the Government of Iran, any national of Iran, or any Iranian- controlled entity based on all credible information available to the United States at the time of the certification; or (ii) the Government of the United Arab Emirates has-- (I) terminated all cooperation between any such United Arab Emirates national and the Government of Iran, any such Iranian national, or any such Iranian-controlled entity; (II) instituted effective measures to prevent a reoccurrence of any such cooperation; and (III) prosecuted any such United Arab Emirates national; and (C) the Government of the United Arab Emirates has not engaged in or condoned activities that violate-- (i) the Iran Sanctions Act of 1996, including Executive Orders 12957, 12959, 13059 and other executive orders issued pursuant to such Act; (ii) the Iran, North Korea, and Syria Nonproliferation Act; and (iii) other provisions of applicable United States law. (3) The Government of the United Arab Emirates-- (A) has developed and fully implemented an export control regime in accordance with international standards; and (B) has developed and implemented the appropriate or necessary legislative and functional actions to target the logistical and financial networks that support terrorist organizations. (d) Goods, Services, or Technology Defined.-- (1) In general.--Except as provided in paragraph (2), in this section, the term ``goods, services, or technology'' means-- (A) goods, services, or technology listed on-- (i)(I) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 8/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 7/Part 2, and subsequent revisions); (II) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; (III) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (IV) the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; (V) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; (VI) the United States Munitions List under section 38 of the Arms Export Control Act (22 U.S.C. 2778) for which special export controls are warranted under such Act (22 U.S.C. 2751 3 et seq.); or (VII) the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations; or (B) goods, services, or technology not listed on any list identified in subparagraph (A) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems. (2) Exclusion.--The term ``goods, services, or technology'' does not include goods, services, or technology that are directly related to the operation of the Bushehr nuclear power reactor. SEC. 4. REQUIREMENT FOR CONGRESSIONAL APPROVAL OF AGREEMENTS FOR PEACEFUL NUCLEAR COOPERATION. (a) Cooperation With Other Nations.--Section 123 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153 d.) is amended in the first sentence-- (1) by striking ``not'' the first and second place it appears; (2) by inserting ``only'' after ``effective''; and (3) by striking ``Provided further,'' and all that follows through the period at the end. (b) Subsequent Arrangements.--Section 131 a.(1) of such Act is amended-- (1) in the second sentence, by striking ``, security'' and all that follows through the period at the end; and (2) by inserting after the second sentence the following: ``Such subsequent arrangement shall not take effect unless the Congress enacts a joint resolution of approval, according to the procedures of sections 123 d. and 130 i. of this Act. Any such nuclear proliferation assessment statement shall be submitted to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate no later than the 31st day of continuous session after submission of the subsequent arrangement.''. SEC. 5. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR PEACEFUL NUCLEAR COOPERATION. Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is amended by adding at the end the following: ``e. The President shall keep the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate fully and currently informed of any initiative or negotiations relating to a new or amended agreement for peaceful nuclear cooperation pursuant to this section prior to the President's announcement of such initiative or negotiations. The President shall consult with the appropriate congressional committees concerning such initiative or negotiations beginning not less than 15 calendar days after the initiation of any such negotiations, or the receipt or transmission of a draft agreement, whichever occurs first, and monthly thereafter until such time as the negotiations are concluded.''.

Limitation on Nuclear Cooperation with the United Arab Emirates Act of 2008 - Prohibits any agreement for cooperation to enter into force or any license to be issued for the export of nuclear material, equipment, or technology between the United States and the United Arab Emirates (UAE) pursuant to the Atomic Energy Act of 1954 unless the President certifies to the appropriate congressional committees that the government of the UAE has: (1) taken actions to prohibit the transfer of goods, services, or technology to the government of Iran, including fully implementing U.N. Security Council sanctions against Iran; (2) implemented an export control regime in accordance with international standards and has implemented legislative and functional actions to target the logistical and financial networks that support terrorist organizations; (3) terminated all related cooperation between any UAE national and the government of Iran, any Iranian national, or any Iranian-controlled entity, and has prosecuted any such UAE national, and (4) not engaged in or condoned activities that violate the Iran Sanctions Act of 1996, the Iran, North Korea, and Syria Nonproliferation Act, and other applicable U.S. law. Amends the the Atomic Energy Act of 1954 to require congressional approval of an agreement for peaceful nuclear cooperation (section 123 agreement). (Under current law such an agreement become effective unless Congress disapproves it within a specified time period.) Directs the President to keep the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations fully informed of any initiative or negotiations relating to a new or amended section 123 agreement.

To restrict nuclear cooperation with the United Arab Emirates, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers Right-To-Know Act''. SEC. 2. INVENTORY OF GOVERNMENT PROGRAMS. (a) In General.--Section 1122(a) of title 31, United States Code, is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (2) by inserting before paragraph (2), as so redesignated, the following: ``(1) Definition of program.--For purposes of this subsection, the term `program' means an organized set of activities by 1 or more agencies directed toward a common purpose or goal.''; (3) in paragraph (2), as so redesignated-- (A) by striking ``In general.--Not later than October 1, 2012, the Office of Management and Budget shall'' and inserting ``Website and program inventory.--The Director of the Office of Management and Budget shall''; (B) by striking subparagraph (C) and inserting the following: ``(C) include on the website-- ``(i) a program inventory that shall identify each program of the Federal Government for which there is more than $1,000,000 in annual budget authority, which shall include-- ``(I) any activity that is commonly referred to as a program by a Federal agency in communications with Congress, including any activity identified as a program in a budget request; ``(II) any activity that is commonly referred to as a program by a Federal agency in communications with the public, including each program for which financial awards are made on a competitive basis; and ``(III) any activity referenced in law as a program after June 30, 2019; and ``(ii) for each program identified in the program inventory, the information required under paragraph (3) or paragraph (4), as applicable.''; (4) in paragraph (3), as so redesignated-- (A) in the matter preceding subparagraph (A), by striking ``Information.--Information for each program described under paragraph (1)'' and inserting ``Information for larger programs.--Information for each program identified in the program inventory required under paragraph (2) for which there is more than $10,000,000 in annual budget authority''; (B) by striking subparagraph (C); (C) by redesignating subparagraph (B) as subparagraph (D); (D) by striking subparagraph (A) and inserting the following: ``(A) an identification of the program activities that are aggregated, disaggregated, or consolidated as part of identifying programs; ``(B) for each program activity described in subparagraph (A), the amount of funding for the current fiscal year and previous 2 fiscal years; ``(C) an estimate of the amount of funding for the program;''; (E) in subparagraph (D), as so redesignated, by striking ``and'' at the end; and (F) by adding at the end the following: ``(E) an identification of the statutes that authorize the program and any major regulations specific to the program; ``(F) for any program that provides grants or other financial assistance to individuals or entities, for the most recent fiscal year-- ``(i) a description of the individuals served by the program and beneficiaries who received financial assistance under the program, including an estimate of the number of individuals and beneficiaries, to the extent practicable; ``(ii) for each program for which the head of an agency determines it is not practicable to provide an estimate of the number of individuals and beneficiaries served by the program-- ``(I) an explanation of why data regarding the number of such individuals and beneficiaries cannot be provided; and ``(II) a discussion of the measures that could be taken to gather the data required to provide such an estimate; and ``(iii) a description of-- ``(I) the Federal employees who administer the program, including the number of full-time equivalents with a pro rata estimate for full-time equivalents associated with multiple programs; and ``(II) other individuals whose salary is paid in part or full by the Federal Government through a grant, contract, cooperative agreement, or another form of financial award or assistance who administer or assist in any way in administering the program, including the number of full-time equivalents, to the extent practicable; ``(G) links to any evaluation, assessment, or program performance reviews by the agency, an Inspector General, or the Government Accountability Office (including program performance reports required under section 1116) released during the preceding 5 years; and ``(H) to the extent practicable, financial and other information for each program activity required to be reported under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).''; and (5) by adding at the end the following: ``(4) Information for smaller programs.--Information for each program identified in the program inventory required under paragraph (2) for which there is more than $1,000,000 and not more than $10,000,000 in annual budget authority shall, at a minimum, include-- ``(A) an identification of the program activities that are aggregated, disaggregated, or consolidated as part of identifying programs; ``(B) for each program activity described in subparagraph (A), the amount of funding for the current fiscal year and previous 2 fiscal years; ``(C) an identification of the statutes that authorize the program and any major regulations specific to the program; ``(D) for any program that provides grants or other financial assistance to individuals or entities, a description of the individuals served by the program and beneficiaries who received financial assistance under the program for the most recent fiscal year; and ``(E) links to any evaluation, assessment, or program performance reviews by the agency, an Inspector General, or the Government Accountability Office (including program performance reports required under section 1116) released during the preceding 5 years. ``(5) Archiving.--After the end of each fiscal year, the Director of the Office of Management and Budget shall archive and preserve the information included in the program inventory required under paragraph (2) relating to that fiscal year.''. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Director of the Office of Management and Budget to carry out this Act and the amendments made by this Act a total of $18,000,000 for the period of fiscal years 2018, 2019, and 2020. SEC. 3. GUIDANCE, IMPLEMENTATION, REPORTING, AND REVIEW. (a) In General.--The Director of the Office of Management and Budget-- (1) not later than June 30, 2018-- (A) shall prescribe initial guidance to implement this Act, and the amendments made by this Act, which shall include ongoing reporting on at least an annual basis; (B) shall issue initial guidance to agencies to identify how the program activities used for reporting under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) are associated with programs identified in the program inventory required under section 1122(a)(2)(C)(i) of title 31, United States Code, as amended by section 2; and (C) may issue initial guidance to agencies to ensure that the programs identified in the program inventory required under section 1122(a)(2)(C)(i) of title 31, United States Code, as amended by section 2, are presented at a similar level of detail across agencies and are not duplicative or overlapping; and (2) may, based on an analysis of the costs of implementation, and after submitting to Congress a notification of the action by the Director-- (A) extend the implementation deadline under subsection (b)-- (i) in 1-year increments; and (ii) by not more than a total of 2 years; and (B) exempt from the requirements under section 1122(a) of title 31, United States Code, an agency that-- (i) is not listed in section 901(b) of title 31, United States Code; and (ii) for the fiscal year during which the exemption is made, has budget authority (as defined in section 3 of the Congressional Budget Act of 1974 (2 U.S.C. 622)) of not more than $10,000,000. (b) Implementation.--This Act, and the amendments made by this Act, shall be implemented not later than June 30, 2019. (c) Reporting.-- (1) In general.--Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding the implementation of this Act and the amendments made by this Act, which shall-- (A) review how the Office of Management and Budget and agencies determined what activities constitute a program (as defined under section 1122 of title 31, United States Code, as amended by this Act) and what activities do not constitute a program; (B) evaluate the extent to which the program inventory required under section 1122 of title 31, United States Code, as amended by this Act, provides useful information for decisionmakers; (C) evaluate the extent to which the program inventory provides a coherent picture of the scope of Federal involvement in particular areas; and (D) include the recommendations of the Comptroller General, if any, for improving implementation of this Act and the amendments made by this Act. (2) Hearings.--After receipt of the report required under paragraph (1), the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives shall hold hearings to review the findings of the report.

Taxpayers Right-To-Know Act (Sec. 2) This bill requires that the Office of Management and Budget (OMB) website include an inventory that identifies each federal program for which there is more than $1 million in annual budget authority. For programs for which there is more than $1 million but not more than $10 million in annual budget authority (smaller programs), the inventory must include: an identification of the program activities that are aggregated, disaggregated, or consolidated; for each such program activity, the amount of funding for the current fiscal year and the previous two fiscal years; an identification of the statutes that authorize the program and any major regulations specific to the program; a description of the individuals served by a program and beneficiaries who received financial assistance under a program for the most recent fiscal year; and links to any evaluation, assessment, or program performance reviews by the agency, an Inspector General, or the Government Accountability Office (GAO) released during the preceding five years. For programs for which there is more than $10 million in annual budget authority (larger programs), the inventory must also include specified additional information, including financial information for each program activity required to be reported under the Federal Funding Accountability and Transparency Act of 2006. The OMB shall archive and preserve the program inventory. (Sec. 3) The bill requires the OMB to issue initial guidance to assist agencies in identifying how the program activities used in budget or appropriations accounts correspond with programs identified in the program inventory. The OMB may: (1) issue initial guidance to agencies to ensure that programs are presented at a similar level of detail across agencies and are not duplicative; (2) exempt from the requirements of this bill, based on an analysis of the costs of implementation, agencies that are not required to have a chief financial officer and that have not more than $10 million in budget authority; and (3) based on an analysis of the costs of implementation, extend the bill's implementation deadline (June 30, 2019) in one-year increments and by not more than two years. The Government Accountability Office must report to Congress by five years after this bill's enactment regarding its implementation.

Taxpayers Right-To-Know Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asset Management Improvement Act of 2008''. SEC. 2. REVISIONS TO ASSET MANAGEMENT RULES AND RELATED FEES. (a) Management and Related Fees.--The Secretary of Housing and Urban Development shall not impose any restriction or limitation on the amount of management and related fees with respect to a public housing project if the fee is determined to be reasonable by the public housing agency, unless such restriction or limitation imposed by the Secretary on such fees-- (1) is determined pursuant to a negotiated rulemaking which is convened by the Secretary no earlier than April 1, 2009, and in accordance with subchapter III of chapter 5 of title 5, United States Code, with representatives from interested parties; and (2) is effective only on or after January 1, 2011. The Secretary may not consider a public housing agency as failing to comply with the asset management requirements of subpart H of part 990 of title 24 of the Code of Federal Regulations, or any successor or amended regulation containing asset management requirements, or determine that an agency fails to comply with such requirements, because of or as a result of the agency determining its fees in accordance with this subsection. (b) Increase of Threshold for Exemption From Asset Management Requirements.-- (1) Increase.--Any public housing agency that owns or operates fewer than 500 public housing units under title I of the United States Housing Act of 1937 may elect to be exempt from any asset management requirement imposed by the Secretary of Housing and Urban Development. (2) Determination of operating fund allocation.--If a public housing agency elects pursuant to paragraph (1) to be exempt from asset management requirements, the agency may, at its option, retain the same number of separate public housing projects, for purposes of determining its operating fund allocation, as the agency had identified and the Secretary of Housing and Urban Development had approved before the agency's election to be so exempt. SEC. 3. PROHIBITION ON RESTRICTION OF FUNGIBILITY OF CAPITAL FUND AMOUNTS. The Secretary of Housing and Urban Development shall not impose any requirement, regulation, or guideline relating to asset management that restricts or limits in any way the use by public housing agencies of amounts for Capital Fund assistance under section 9(d) of such Act, pursuant to paragraph (1) or (2) of section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)), for costs of any central office of a public housing agency. SEC. 4. TENANT PARTICIPATION. (a) Rule of Construction.--Neither the requirements of this Act, nor any other requirement, regulation, guideline, or other policy or action of the Department of Housing and Urban Development relating to public housing asset management may be construed to repeal or waive any provision of part 964 of title 24 of the Code of Federal Regulations, regarding tenant participation and tenant opportunities in public housing. The Secretary of Housing and Urban Development shall ensure that public housing agencies encourage the reasonable efforts of resident tenant organizations to represent their members or the reasonable efforts of tenants to organize. (b) PHAs in Receivership.--In the case of any public housing agency in receivership, the Secretary of Housing and Urban Development or any receiver may not abrogate, waive, repeal, or modify any provision of part 964 of title 24 of the Code of Federal Regulations or any provision of a formalized housing agreement entered into pursuant to such part 964 (including pursuant to section 964.11, 964.14, 964.18(a)(6), or 964.135 of such part) before the commencement of such receivership by a resident or tenant organization and the public housing agency. (c) Guidance.--Guidance issued by the Secretary of Housing and Urban Development shall encourage participation by residents in the implementation of asset management and the development of local policies for such purposes. SEC. 5. INELIGIBILITY OF ILLEGAL IMMIGRANTS FOR ASSISTANCE. Immigrants who are not lawfully present in the United States shall be ineligible for financial assistance under this Act, as provided and defined by section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a). Nothing in this Act shall be construed to alter the restrictions or definitions in such section 214. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Prohibition of Management Fees for Agreements Prohibiting or Requiring Registration of Legal Firearms.--The Secretary of Housing and Urban Development shall not accept as reasonable any management or related fees for enforcing any provision of a dwelling lease agreement or other similar agreement that requires the registration of or prohibits the possession of any firearm that is possessed by an individual for his or her personal protection or for sport the possession of which is not prohibited, or the registration of which is not required, by existing law. (b) Termination of Tenancy and Assistance for Illegal Use of Firearm in Federally Assisted Housing.--Section 577 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13662) is amended-- (1) in the section heading-- (A) by striking ``and'' the second place it appears and inserting a comma; and (B) by inserting ``, and firearms users'' after ``abusers''; and (2) in subsection (a)-- (A) in paragraph (1), by striking ``or'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(3) who the public housing agency or owner determines is illegally using a firearm, or whose illegal use of a firearm is determined by the public housing authority or owner to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.''. Passed the House of Representatives July 9, 2008. Attest: LORRAINE C. MILLER, Clerk.

Asset Management Improvement Act of 2008 - Prohibits the Secretary of Housing and Urban Development from imposing restrictions or limitations on the amount of management and related fees for a public housing project which the public housing agency (PHA) determines reasonable, unless such restriction or limitation: (1) is determined pursuant to a negotiated rulemaking convened by the Secretary no earlier than April 1, 2009, with representatives from interested parties; and (2) is effective only on or after January 1, 2011. Allows any PHA that owns or operates fewer than 500 public housing units under the United States Housing Act of 1937 to elect to be exempt from asset management requirements imposed by the Secretary. Prohibits the Secretary from imposing any requirement, regulation, or guideline relating to asset management that restricts or limits in any way the use by PHAs of amounts for Capital Fund assistance for costs of any PHA central office. Requires the Secretary to ensure that PHAs encourage the reasonable efforts of resident tenant organizations to represent their members and of tenants to organize. Makes illegal immigrants ineligible for financial assistance under this Act. Prohibits the Secretary from accepting as reasonable any management or related fees for enforcing a dwelling lease or other similar agreement that requires the registration of or prohibits the possession of firearms by an individual for personal protection or for sport, if the possession is not prohibited, or the registration is not required, by existing law. Amends the Quality Housing and Work Responsibility Act of 1998 to permit a PHA or owner of federally assisted housing to terminate the tenancy or assistance for any household with a member who is illegally using a firearm, or whose illegal use is determined by the PHA or owner to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.

To improve the Operating Fund for public housing of the Department of Housing and Urban Development, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Servicemember and Citizen Protection Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) In December 1997, the General Assembly of the United Nations called for the convening of a diplomatic conference in Rome, Italy, from June 15 through July 17, 1998, to adopt a Convention on the Establishment of an International Criminal Court. (2) Pursuant to this call, the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court convened in Rome, Italy, and on July 17, 1998, proposed the Statute of the International Criminal Court for ``ratification, acceptance, or approval'' by the member states of the United Nations. (3) According to article 127 of the Statute of the International Criminal Court, the Statute of the International Criminal Court shall take effect upon the ``ratification, acceptance, or approval'' of 60 member states. (4) In April 2002, the 60th member state ratified the Statute of the International Criminal Court. (5) According to articles 12 and 25 of the Statute of the International Criminal Court, the jurisdiction of the International Criminal Court shall extend to individual United States citizens even if the United States does not ``ratify, accept, or approve'' the Statute of the International Criminal Court. (6) On May 6, 2002, President George W. Bush repudiated the signature of the United States on the Statute of the International Criminal Court, stating that the United States ``can no longer be a party'' to the International Criminal Court and requesting that those who have chosen to be a party to the Court respect the decision of the United States. (7) According to the 1969 Vienna Convention on the Law of Treaties, no nation may be bound by a treaty to which that nation has not consented; therefore the United States, which has not consented to the Statute of the International Criminal Court in the manner prescribed by the Constitution of the United States, cannot be bound by the Statute of the International Criminal Court even if 60 countries ratify, accept, or approve it. (8) The Statute of the International Criminal Court is an ultra vires act, wholly unauthorized by the Charter of the United Nations, since it was enacted by a Conference of Diplomats convened by the United Nations General Assembly in contravention of the powers of the United Nations Security Council which, under the Charter of the United Nations, alone has primary responsibility for the maintenance of international peace and security. (9) The Statute of the International Criminal Court also contravenes the principle of government only by the consent of the governed that is enshrined in the American national charter, the Declaration of Independence, because the International Criminal Court claims jurisdiction over citizens of the United States without their consent or without the consent of the United States Government. (10) The Statute of the International Criminal Court also contravenes the principles of separation of powers, federalism, and trial by jury that are guaranteed by the Constitution of the United States, because the International Criminal Court has been endowed with legislative, executive, and judicial powers and with criminal jurisdiction without regard to the jurisdiction of the United States and the several States. (11) The International Criminal Court, by design and effect, is an illegitimate court, established contrary to the provisions of the Charter of the United Nations, the American Declaration of Independence, and the Constitution of the United States, and as such, puts United States citizens in jeopardy of unlawful and unconstitutional criminal prosecution, with members of the United States Armed Forces placed especially at risk of politically motivated arrests, prosecutions, fines, and imprisonments for acts engaged in for the protection of the sovereignty and independence of the United States. (12) United States citizens generally, and members of the United States Armed Forces in particular, deserve the full protection of the Constitution of the United States--the very body of law the members of the Armed Forces risk life and limb to protect. SEC. 3. PROHIBITION OF FUNDS. No funds appropriated or otherwise made available by the United States Government for any purpose may be used in any manner for the establishment or operation of the International Criminal Court. SEC. 4. PROTECTION OF MEMBERS OF THE UNITED STATES ARMED FORCES AND UNITED STATES CITIZENS AND NATIONALS. (a) Actions Against Members of the Armed Forces.--Any action taken by or on behalf of the International Criminal Court against any member of the United States Armed Forces shall be considered to be an act of aggression against the United States. (b) Actions Against United States Citizens or Nationals.--Any action taken by or on behalf of the International Criminal Court against any individual who is a citizen or national of the United States shall be considered to be an offense against the law of nations. SEC. 5. PENALTIES. Any person who knowingly violates section 3 shall be fined not more than $50,000, or imprisoned not more than 5 years, or both.

American Servicemember and Citizen Protection Act of 2003 - Prohibits the use of appropriated funds for the establishment or operation of the International Criminal Court.Declares that any action taken by or on behalf of the Court: (1) against any member of the U.S. armed forces shall be considered an act of aggression against the United States; or (2) against any U.S. citizen or national shall be considered an offense against the law of nations. Sets forth both civil and criminal penalties against any person who knowingly violates the requirements of this Act.

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

SECTION 1. LAND WITHDRAWAL AND RESERVATION FOR CRAGIN PROJECT. (a) Definitions.--In this section: (1) Covered land.--The term ``covered land'' means the parcel of land consisting of approximately 512 acres, as generally depicted on the Map, that consists of-- (A) approximately 300 feet of the crest of the Cragin Dam and associated spillway; (B) the reservoir pool of the Cragin Dam that consists of approximately 250 acres defined by the high water mark; and (C) the linear corridor. (2) Cragin project.--The term ``Cragin Project'' means-- (A) the Cragin Dam and associated spillway; (B) the reservoir pool of the Cragin Dam; and (C) any pipelines, linear improvements, buildings, hydroelectric generating facilities, priming tanks, transmission, telephone, and fiber optic lines, pumps, machinery, tools, appliances, and other District or Bureau of Reclamation structures and facilities used for the Cragin Project. (3) District.--The term ``District'' means the Salt River Project Agricultural Improvement and Power District. (4) Land management activity.--The term ``land management activity'' includes, with respect to the covered land, the management of-- (A) recreation; (B) grazing; (C) wildland fire; (D) public conduct; (E) commercial activities that are not part of the Cragin Project; (F) cultural resources; (G) invasive species; (H) timber and hazardous fuels; (I) travel; (J) law enforcement; and (K) roads and trails. (5) Linear corridor.--The term ``linear corridor'' means a corridor of land comprising approximately 262 acres-- (A) the width of which is approximately 200 feet; (B) the length of which is approximately 11.5 miles; (C) of which approximately 0.7 miles consists of an underground tunnel; and (D) that is generally depicted on the Map. (6) Map.--The term ``Map'' means sheets 1 and 2 of the maps entitled ``C.C. Cragin Project Withdrawal'' and dated June 17, 2008. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Withdrawal of Covered Land.--Subject to valid existing rights, the covered land is permanently withdrawn 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 pertaining to mineral and geothermal leasing or mineral materials. (c) Map.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior, in coordination with the Secretary, shall prepare a map and legal description of the covered land. (2) Force and effect.--The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors. (3) Availability.--The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Reclamation. (d) Jurisdiction and Duties.-- (1) Jurisdiction of the secretary of the interior.-- (A) In general.--Except as provided in subsection (e), the Secretary of the Interior, acting through the Commissioner of Reclamation, shall have exclusive administrative jurisdiction to manage the Cragin Project in accordance with this Act and section 213(i) of the Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 3533) on the covered land. (B) Inclusion.--Notwithstanding subsection (e), the jurisdiction under subparagraph (A) shall include access to the Cragin Project by the District. (2) Responsibility of secretary of the interior and district.-- In accordance with paragraphs (4)(B) and (5) of section 213(i) of the Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 3533), the Secretary of the Interior and the District shall-- (A) ensure the compliance of each activity carried out at the Cragin Project with each applicable Federal environmental law (including regulations); and (B) coordinate with appropriate Federal agencies in ensuring the compliance under subparagraph (A). (e) Land Management Activities on Covered Land.-- (1) In general.--The Secretary shall have administrative jurisdiction over land management activities on the covered land and other appropriate management activities pursuant to an agreement under paragraph (2) that do not conflict with, or adversely affect, the operation, maintenance, or replacement (including repair) of the Cragin Project, as determined by the Secretary of the Interior. (2) Interagency agreement.--The Secretary and the Secretary of the Interior, in coordination with the District, may enter into an agreement under which the Secretary may-- (A) undertake any other appropriate management activity in accordance with applicable law that will improve the management and safety of the covered land and other land managed by the Secretary if the activity does not conflict with, or adversely affect, the operation, maintenance, or replacement (including repair) of the Cragin Project, as determined by the Secretary of the Interior; and (B) carry out any emergency activities, such as fire suppression, on the covered land. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Withdraws approximately 512 acres of covered land in Arizona (consisting of approximately 300 feet of the crest of the Craigin Dam and associated spillway, the reservoir pool of that Dam, and a specified corridor of land) 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 pertaining to mineral and geothermal leasing or mineral materials. Grants the Secretary of the Interior, acting through the Commissioner of Reclamation, exclusive jurisdiction to manage the Craigin Project in accordance with the Arizona Water Settlements Act. Defines the "Craigin Project" to include the Craigin Dam, its reservoir pool, and Salt River Project Agricultural Improvement and Power District or Bureau of Reclamation structures and facilities used for the Project. Requires that Secretary and the District to ensure the compliance of each activity carried out at the Project with applicable federal environmental law. Grants the Secretary of Agriculture, acting through the Chief of the Forest Service, administrative jurisdiction over land management activities on the covered land and other appropriate management activities that do not conflict with, or adversely affect, the operation, maintenance, or replacement (including repair) of the Project. Authorizes the Secretary of Agriculture and the Secretary of the Interior, in coordination with the District, to enter into an agreement under which the Secretary of Agriculture may: (1) undertake any other appropriate management activity in accordance with applicable law that will improve the management and safety of the covered land and other land managed by the Secretary of Agriculture if the activity does not conflict with, or adversely affect, the operation, maintenance, or replacement (including repair) of the Project; and (2) carry out any emergency activities on the covered land.

To clarify the jurisdiction of the Secretary of the Interior with respect to the C.C. Cragin Dam and Reservoir, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Banking for Human Traffickers Act of 2017''. SEC. 2. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE. (a) Functions.--Section 312(a)(4) of title 31, United States Code, is amended-- (1) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; and (2) by inserting after subparagraph (D) the following: ``(E) combating illicit financing relating to human trafficking;''. (b) Interagency Coordination.--Section 312(a) of such title is amended by adding at the end the following: ``(8) Interagency coordination.--The Secretary of the Treasury, after consultation with the Undersecretary for Terrorism and Financial Crimes, shall designate an office within the OTFI that shall coordinate efforts to combat the illicit financing of human trafficking with-- ``(A) other offices of the Department of the Treasury; ``(B) other Federal agencies, including-- ``(i) the Office to Monitor and Combat Trafficking in Persons of the Department of State; and ``(ii) the Interagency Task Force to Monitor and Combat Trafficking; ``(C) State and local law enforcement agencies; and ``(D) foreign governments.''. SEC. 3. STRENGTHENING THE ROLE OF ANTI-MONEY LAUNDERING AND OTHER FINANCIAL TOOLS IN COMBATING HUMAN TRAFFICKING. (a) Interagency Task Force Recommendations Targeting Money Laundering Related to Human Trafficking.-- (1) In general.--Not later than 270 days after the date of the enactment of this Act, the Interagency Task Force to Monitor and Combat Trafficking shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on the Judiciary of the Senate, the Committee on Financial Services of the House of Representatives, the Committee on the Judiciary of the House of Representatives, the Secretary of the Treasury, and each appropriate Federal banking agency-- (A) an analysis of anti-money laundering efforts of the United States Government and United States financial institutions related to human trafficking; and (B) appropriate legislative, administrative, and other recommendations to strengthen efforts against money laundering relating to human trafficking. (2) Required recommendations.--The recommendations under paragraph (1) shall include-- (A) best practices based on successful anti-human trafficking programs currently in place at financial institutions that are suitable for broader adoption; (B) stakeholder feedback on policy proposals derived from the analysis conducted by the task force referred to in paragraph (1) that would enhance the efforts and programs of financial institutions to detect and deter money laundering related to human trafficking, including any recommended changes to internal policies, procedures, and controls related to human trafficking; (C) any recommended changes to training programs at financial institutions to better equip employees to deter and detect money laundering related to human trafficking; and (D) any recommended changes to expand human trafficking-related information sharing among financial institutions and between such financial institutions, appropriate law enforcement agencies, and appropriate Federal agencies. (b) Additional Reporting Requirement.--Section 105(d)(7) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended-- (1) in the matter preceding subparagraph (A)-- (A) by inserting ``the Committee on Financial Services,'' after ``the Committee on Foreign Affairs''; and (B) by inserting ``the Committee on Banking, Housing, and Urban Affairs'' after ``the Committee on Foreign Relations,''; (2) in subparagraph (Q)(vii), by striking ``; and'' and inserting a semicolon; (3) in subparagraph (R), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(S) the efforts of the United States to eliminate money laundering related to human trafficking and the number of investigations, arrests, indictments, and convictions in money laundering cases with a nexus to human trafficking.''. (c) Required Review of Procedures.--Not later than 180 days after the date of the enactment of this Act, the Federal Financial Institutions Examination Council, in consultation with the Secretary of the Treasury, the private sector, and appropriate law enforcement agencies, shall-- (1) review and enhance training and examinations procedures to improve the surveillance capabilities of anti-money laundering, and countering the financing of terrorism programs to detect human trafficking-related financial transactions; (2) review and enhance procedures for referring potential human trafficking cases to the appropriate law enforcement agency; and (3) determine, as appropriate, whether requirements for financial institutions and covered financial institutions are sufficient to detect and deter money laundering related to human trafficking.

End Banking for Human Traffickers Act of 2017 This bill revises the duties of the Department of the Treasury's Office of Terrorism and Financial Intelligence to include combating illicit financing relating to human trafficking. The bill amends the Trafficking Victims Protection Act of 2000 to direct the Interagency Task Force to Monitor and Combat Trafficking to report on efforts to eliminate money laundering relating to human trafficking. The Federal Financial Institutions Examinations Council must review procedures relating to the detection and deterrence of human trafficking-related financial transactions.

End Banking for Human Traffickers Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women and Children's HIV Protection Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Perinatal transmission is the leading cause of pediatric HIV infections, including AIDS cases. (2) The Centers for Disease Control and Prevention (``CDC'') estimates that nearly 7,000 HIV-infected women give birth in the United States each year and as many as 400 babies continue to be born with HIV infection each year. (3) Medical advances have made it possible to nearly eliminate perinatal HIV transmission. (4) Research studies have demonstrated that the administration of antiviral medication during pregnancy, during labor, and immediately following birth can significantly reduce the transmission of HIV from an infected mother to her baby. Caesarean section further reduces the risk of transmission. (5) Even if treatment begins shortly after birth, antiretroviral therapy can substantially reduce the chance that an HIV-exposed infant will become infected. (6) Breastfeeding by HIV-infected mothers poses additional significant risk of infection to babies. (7) The Institute of Medicine (``IOM'') has recommended the adoption of a national policy of universal HIV testing, with patient notification, as a routine component of prenatal care. However, 15 percent of HIV-infected pregnant women receive no prenatal care according to the IOM. (8) The CDC has recommended since 1995 that all pregnant women be counseled and offered voluntary HIV testing. Yet nearly half of pregnant women are still not tested according to the CDC. The CDC has found that mandatory testing of newborns and universal HIV testing of pregnant woman are the best approaches for identifying, treating, and preventing HIV among pregnant women and children. (9) The American Medical Association recommends mandatory HIV testing of all newborns with appropriate treatment for affected mothers and children. (10) Testing newborns whose mothers' status is unknown ensures that every child at risk for HIV is identified. (11) More than a third of the HIV infections that occur annually among newborns in the United States could be prevented with routine HIV testing of pregnant woman or newborns according to a 2002 report by the Inspector General of the Department of Health and Human Services. This represents over 100 babies born every year that are needlessly infected. (12) The provision of testing of pregnant women and newborns with appropriate counseling and treatment can significantly reduce the number of pediatric HIV infections, including AIDS cases, can improve access to and medical care for the woman and children, and can provide opportunities to further reduce transmission among adults. (13) The provision of such testing, counseling, and treatment can reduce the overall cost of pediatric HIV infections, including AIDS cases. (14) New York State has required mandatory HIV counseling and voluntary testing for pregnant women and mandatory HIV testing of all newborns since February 1997. As a result, the perinatal HIV transmission rate in the State has dropped from 25 percent to an all time low of 3.5 percent and over 99 percent of HIV-infected women and their children have been linked to care. (15) For the foregoing reasons-- (A) universal routine HIV testing of pregnant women and newborns should be the standard of care; and (B) the relevant medical organizations, as well as public health officials, should issue guidelines making such testing, counseling, and treatment the standard of care. SEC. 3. GRANTS REGARDING COUNSELING AND TESTING OF PREGNANT WOMEN AND NEWBORN INFANTS. Subpart II of part B of title XXVI of the Public Health Service Act (42 U.S.C. 300ff-33 et seq.) is amended by inserting after section 2625 the following section: ``SEC. 2625A. GRANTS REGARDING COUNSELING AND TESTING OF PREGNANT WOMEN AND NEWBORN INFANTS. ``(a) In General.--Of the amounts appropriated under section 2677 for a fiscal year for carrying out this part, exclusive of amounts available for grants under section 2618(a)(2)(I), the Secretary, subject to subsection (b)(2), shall reserve $82,875,000 for making grants to each State that demonstrates that the law or regulations of the State are in accordance with the following: ``(1) That all pregnant women receiving prenatal care in the State be offered counseling and testing regarding HIV disease. ``(2) In the case of prenatal testing for such disease that is conducted in the State, that the results of such testing be promptly disclosed to the pregnant woman involved. ``(3) In the case of newborn infants who are born in the State and whose biological mothers have not undergone prenatal testing for HIV disease, that each such infant undergo testing for such disease. ``(4) That the results of such testing of a newborn infant be promptly disclosed in accordance with the following, as applicable to the infant involved: ``(A) To the biological mother of the infant (without regard to whether she is the legal guardian of the infant). ``(B) If the State is the legal guardian of the infant: ``(i) To the appropriate official of the State agency with responsibility for the care of the infant. ``(ii) To the appropriate official of each authorized agency providing assistance in the placement of the infant. ``(iii) If the authorized agency is giving significant consideration to approving an individual as a foster parent of the infant, to the prospective foster parent. ``(iv) If the authorized agency is giving significant consideration to approving an individual as an adoptive parent of the infant, to the prospective adoptive parent. ``(C) If neither the biological mother nor the State is the legal guardian of the infant, to another legal guardian of the infant. ``(D) To the child's health care provider. ``(5) That, in disclosing the test results to an individual under paragraph (2) or (4), appropriate counseling on HIV disease and appropriate referrals for health care be offered to the individual (except in the case of a disclosure to an official of a State or an authorized agency, or to a health care provider).''. ``(b) Date Certain for Making Grants; Limitation on Reservation of Funds.-- ``(1) Date certain for making grants.--Not later than the end of the three-month period beginning on the date on which appropriations first become available for a fiscal year for grants under section 2611, the Secretary shall make grants under subsection (a) for such fiscal year to all States that seek such grants and meet the condition described in such subsection for the grants. ``(2) Limitation on reservation of funds.--Effective upon the expiration of the period described in paragraph (1) with respect to a fiscal year, the unobligated portion of the amount reserved under subsection (a) for the fiscal year is available for grants under section 2611 for the fiscal year. ``(c) Amount of Grants.--Each grant under subsection (a) for a fiscal year shall be made in the amount of $1,500,000, except that the amount of such a grant for a territory of the United States shall be $375,000. ``(d) Authorized Expenditures.--A grant under subsection (a) may be expended for any purpose for which a grant under 2611 is authorized to be expended. ``(e) Definitions.--For purposes of this section, the terms `State' and `territory of the United States' have the meanings that apply to such terms for purposes of grants under section 2611 (including the meanings that apply for purposes of section 2618).''.

Women and Children's HIV Protection Act of 2003 - Amends the Public Health Service Act to provide for grants regarding the counseling and testing of pregnant women and newborn infants out of moneys appropriated under the care grant program. Prohibits making a grant to a State unless the State demonstrates that the law or regulations of the State require specified testing and services for pregnant women and newborn infants regarding HIV disease.

To amend the Public Health Service Act with respect to testing pregnant women and newborn infants for infection with the human immunodeficiency virus.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student, Teachers, and Officers Preventing School Violence Act of 2018'' or the ``STOP School Violence Act of 2018''. SEC. 2. GRANT PROGRAM FOR SCHOOL SECURITY. Part AA of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10551 et seq.) is amended-- (1) in section 2701 (34 U.S.C. 10551)-- (A) in subsection (a)-- (i) by striking ``Director of the Office of Community Oriented Policing Services'' and inserting ``Director of the Bureau of Justice Assistance''; and (ii) by striking ``including the placement and use of metal detectors and other deterrent measures'' and inserting ``through evidence- based strategies and programs to prevent violence, which may include the use of appropriate technologies, including the placement and use of metal detectors and other deterrent measure and emergency notification and response technologies''; (B) in subsection (b)-- (i) in the matter preceding paragraph (1), by inserting after ``through'' the following: ``evidence-based school safety programs that may include''; and (ii) by striking paragraphs (1) through (6) and inserting the following: ``(1) Training to prevent student violence against others and self, including training for local law enforcement officers, school personnel, and students. ``(2) The development and operation of anonymous reporting systems for threats of school violence, including mobile telephone applications, hotlines, and internet websites. ``(3) The development and operation of-- ``(A) school threat assessment and intervention teams that may include coordination with law enforcement agencies and school personnel; and ``(B) specialized training for school officials in responding to mental health crises. ``(4) Coordination with local law enforcement. ``(5) Placement and use of metal detectors, locks, lighting, and other deterrent measures. ``(6) Security assessments. ``(7) Security training of personnel and students. ``(8) Subgrants to State or local law enforcement agencies, schools, school districts, nonprofit organizations, or Indian tribal organizations to implement grants awarded under this section. ``(9) Acquisition and installation of technology for expedited notification of local law enforcement during an emergency. ``(10) Any other measure that, in the determination of the Director, may provide a significant improvement in security.''; (C) in subsection (c)-- (i) by striking ``and has'' and inserting ``has''; and (ii) by inserting before the period at the end the following: ``, and will use evidence- based strategies and programs, such as those identified by the Comprehensive School Safety Initiative of the Department of Justice''; and (D) in subsection (d)(1), by striking ``50 percent'' and inserting ``75 percent''; (2) in section 2702 (34 U.S.C. 10552)-- (A) in subsection (a)(2), in the matter preceding subparagraph (A), by striking ``child psychologists'' and inserting ``mental health professionals''; and (B) in subsection (b), by striking ``this part'' and inserting ``the STOP School Violence Act of 2018''; (3) in section 2704(1) (34 U.S.C. 10554(1)), by striking ``a public'' and inserting ``an''; (4) in section 2705, by striking ``$30,000,000 for each of fiscal years 2001 through 2009'' and inserting ``$75,000,000 for each of fiscal years 2019 through 2028, of which not less than $50,000,000 shall be available in each such fiscal year for grants for the activities described in paragraphs (1) and (4) of section 2701(b)''; and (5) by adding at the end the following: ``SEC. 2706. RULES OF CONSTRUCTION. ``(a) No Funds To Provide Firearms or Training.--No amounts provided as a grant under this part may be used for the provision to any person of a firearm or training in the use of a firearm. ``(b) No Effect on Other Laws.--Nothing in this part may be construed to preclude or contradict any other provision of law authorizing the provision of firearms or training in the use of firearms.''. Passed the House of Representatives March 14, 2018. Attest: KAREN L. HAAS, Clerk.

Student, Teachers, and Officers Preventing School Violence Act of 2018 or the STOP School Violence Act of 2018 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and reauthorize through FY2028 the Secure Our Schools grant program. This grant program provides grants to states, local governments, and Indian tribes to improve security, including the placement and use of metal detectors and other deterrent measures, at schools and on school grounds.

Student, Teachers, and Officers Preventing School Violence Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense of the Environment Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that provisions that reduce protection of the environment have been included in legislation without adequate consideration and an opportunity for Members to vote on the provisions and have been included in major rules adopted by Federal agencies without adequate analysis. (b) Purpose.--The purposes of this Act are to-- (1) require Members of Congress to vote in House of Representatives and the Senate on provisions included in legislation that reduce protection of the environment; and (2) require the Office of Management and Budget to ensure that an adequate analysis is conducted for provisions included in major rules that reduce protection of the environment. SEC. 3. APPLICABLE PROVISIONS. (a) In General.--This Act shall apply to any provision in a bill, joint resolution, amendment, or conference report before Congress, or in any major rule, that reduces protection of the environment. (b) Provisions Reducing Protection.--A provision shall be considered to reduce protection of the environment if the provision meets the criteria of one or more of the following paragraphs: (1) Defense of clean air and water.--The provision may allow increased pollution of ambient air, indoor air, surface water, ground water, the oceans, or other terrestrial or aquatic resources. (2) Defense of national parks and public lands.--The provision may-- (A) cause adverse impacts on the environmental quality of national parks or other public lands, including the effect of decreasing the quantity or quality of outdoor educational or recreational opportunities on such lands; or (B) diminish protection of species that may be endangered. (3) Defense of children's environmental health.--The provision may increase children's exposure to environmental contaminants and other environmental risks. (c) Other Provisions.--A provision shall also be considered to reduce protection of the environment if the provision may have the effect of shielding any violators of environmental laws from penalties or limiting judicial review of agency action under the authority of any environmental law. (d) Baseline for Effects.--The baseline for determining the effects of a provision described in subsection (b) or (c) shall be the circumstances that would exist if the provision were not enacted. SEC. 4. DUTIES OF CONGRESSIONAL COMMITTEES. (a) In General.--When a committee of the House of Representatives or Senate or a committee of conference reports a bill or joint resolution of public character that includes any provision that reduces protection of the environment, the report of the committee accompanying the bill or joint resolution (or the statement of managers accompanying the conference report) shall contain each of the following: (1) An identification and description of any provision in the bill or joint resolution or conference report that reduces protection of the environment. (2) A qualitative and, if practicable, a quantitative assessment of the extent of the reduction in protection of the environment. (3) A description of the actions, if any, taken by the committee to avoid the reduction in protection of the environment. (4) Any statement received under section 5. SEC. 5. DUTIES OF THE COMPTROLLER GENERAL. (a) Statement.--For each bill or joint resolution of a public character reported by any committee of the House of Representatives or the Senate, and for each report by a committee of conference, the Comptroller General of the United States, upon a request of the committee or a majority of the members of the minority party or majority party of the committee, shall, prior to the filing of the report, prepare and submit to the committee a statement assessing the extent to which the provisions of the bill, joint resolution, or conference report reduce protection of the environment. (b) Assistance to Committees and Studies.--At the request of any committee of the Senate or the House of Representatives, the Comptroller General shall, to the extent practicable, consult with and assist such committee in assessing the extent to which the provisions of a bill, joint resolution, or conference report reduce the protection of the environment. SEC. 6. DUTIES OF OFFICE OF MANAGEMENT AND BUDGET. (a) In General.--The Director of the Office of Management and Budget shall ensure that, before proposing or promulgating any major rule, the department or agency of the United States responsible for such rule has conducted an analysis that contains each of the following: (1) An identification and description of any provision in the rule that reduces protection of the environment. (2) A qualitative and, if practicable, a quantitative assessment of the extent of the reduction in protection of the environment. (3) A description of the actions, if any, taken by the department or agency to avoid the reduction in protection of the environment. (b) Notice.--In proposing or promulgating any major rule, the department or agency of the United States responsible for such rule shall include in the Federal Register, together with notice of such proposal or promulgation, a detailed summary of the analysis conducted under subsection (a). (c) Definition of Major Rule.--For purposes of this section the term ``major rule'' shall have the same meaning as when used in Executive Order No. 12866. SEC. 7. LEGISLATION SUBJECT TO POINT OF ORDER. (a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, or conference report that is reported by a committee unless the committee has complied with section 4. (b) Procedure in the House of Representatives.--It shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (a). SEC. 8. DEBATE ON PROVISIONS REDUCING PROTECTION. (a) Amendment of House Rules.--Rule XVI of the Rules of the House of Representatives is amended by adding at the end the following: ``(11) Notwithstanding the adoption of any rule or motion to limit or close debate it shall always be in order, as question of high privilege, to move to strike from any bill, joint resolution, or amendment any provision that reduces protection of the environment (within the meaning of section 3 of the Defense of the Environment Act of 1997). Such motion shall take precedence over a motion for the previous question on such bill, joint resolution, or amendment and it shall be in order to debate any such motion for 40 minutes, one-half of such time shall be given to debate in favor of, and one-half of such times in opposition to, such motion.''. (b) Vote in Senate.--Notwithstanding the adoption of any rule or motion to limit or close debate it shall always be in order, as question of high privilege in the Senate, to move to strike from any bill, joint resolution, amendment, or conference report any provision that reduces protection of the environment (within the meaning of section 3 of the Defense of the Environment Act of 1997). Such motion shall take precedence over a motion for the previous question on such bill, joint resolution, amendment, or conference report, and it shall be in order to debate any such motion for 40 minutes, one-half of such time shall be given to debate in favor of, and one-half of such times in opposition to, such motion. (c) Conference Reports and Senate Amendments.-- (1) Conference reports.--Clause (4) of Rule XXVIII of the Rules of the House of Representatives is amended as follows: (A) In subsection (a) after ``if such matter has been offered as an amendment in the House'' by inserting ``or containing any provision that reduces protection of the environment (within the meaning of section 3 of the Defense of the Environment Act of 1997)''. (B) In subsections (a), (b), and (c), by striking out ``nongermane matter'' in each place it appears and inserting ``matter or provision''. (2) Senate amendments.--Clause (5) of Rule XXVII of the Rules of the House of Representatives is amended as follows: (A) In subsection (a) after ``if such matter had been offered as an amendment in the House'' by inserting ``or that reduces protection of the environment (within the meaning of section 3 of the Defense of the Environment Act of 1997)''. (B) In subsections (a), (b), and (c), by striking out ``nongermane matter'' in each place it appears and inserting ``matter or provision''. (d) Exercise of Rulemaking Powers.--The provisions of this section and sections 4 and 7 are enacted by Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of such House, respectively, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of each House. SEC. 9. EFFECTIVE DATE. This Act shall take effect on the date of enactment.

Defense of the Environment Act of 1997 - Requires any report of a congressional committee or committee of conference accompanying a public bill or joint resolution that includes any provision that reduces environmental protection to contain: (1) an identification and description of the provision; (2) an assessment of the extent of such reduction; (3) a description of any actions to avoid such reduction; and (4) any statement received from the Comptroller General, upon request of the committee or a majority of either the minority or majority members of the committee, assessing the reduction. Deems a provision to reduce environmental protection if it may: (1) allow increased pollution; (2) adversely affect the environmental quality of public lands or diminish protection of species that may be endangered; (3) increase children's exposure to environmental contaminants and other environmental risks; or (4) have the effect of shielding environmental law violators or limiting judicial review of agency action under authority of any environmental law. Provides for consultation and assistance of the Comptroller General at the request of any committee. Requires the Director of the Office of Management and Budget to ensure that, before proposing or promulgating any major rule, the responsible agency has conducted an analysis of any provision that reduces environmental protection. Makes out of order in the House of Representatives and the Senate the consideration of any reported bill or joint resolution, or conference report, unless the committee has complied with the identification and assessment provisions of this Act. Makes any rule waiving these provisions out of order in the House. Amends the Rules of the House of Representatives with respect to the consideration and striking of provisions reducing environmental protection within the meaning of this Act. Provides Senate procedures for the striking of such provisions.

Defense of the Environment Act of 1997

SECTION 1. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER ENVIRONMENT COOPERATION AGREEMENT. (a) In General.--Part 2 of subtitle D of title V of Public Law 103- 182 (22 U.S.C. 290m--290m-3) is amended by adding at the end the following: ``SEC. 545. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER ENVIRONMENT COOPERATION AGREEMENT. ``The President may agree to amendments to the Cooperation Agreement that-- ``(1) enable the Bank to make grants and nonmarket rate loans out of its paid-in capital resources with the approval of its Board; and ``(2) amend the definition of `border region' to include the area in the United States that is within 100 kilometers of the international boundary between the United States and Mexico, and the area in Mexico that is within 300 kilometers of the international boundary between the United States and Mexico.''. (b) Clerical Amendment.--Section 1(b) of such public law is amended in the table of contents by inserting after the item relating to section 544 the following: ``Sec. 545. Authority to agree to certain amendments to the Border Environment Cooperation Agreement.''. SEC. 2. ANNUAL REPORT. The Secretary of the Treasury shall submit annually to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a written report on the North American Development Bank, which addresses the following issues: (1) The number and description of the projects that the North American Development Bank has approved. The description shall include the level of market-rate loans, non-market-rate loans, and grants used in an approved project, and a description of whether an approved project is located within 100 kilometers of the international boundary between the United States and Mexico or within 300 kilometers of the international boundary between the United States and Mexico. (2) The number and description of the approved projects in which money has been dispersed. (3) The number and description of the projects which have been certified by the Border Environment Cooperation Commission, but yet not financed by the North American Development Bank, and the reasons that the projects have not yet been financed. (4) The total of the paid-in capital, callable capital, and retained earnings of the North American Development Bank, and the uses of such amounts. (5) A description of any efforts and discussions between the United States and Mexican governments to expand the type of projects which the North American Development Bank finances beyond environmental projects. (6) A description of any efforts and discussions between the United States and Mexican governments to improve the effectiveness of the North American Development Bank. (7) The number and description of projects authorized under the Water Conservation Investment Fund of the North American Development Bank. SEC. 3. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION FOR TEXAS IRRIGATORS AND AGRICULTURAL PRODUCERS IN THE LOWER RIO GRANDE RIVER VALLEY. (a) Findings.--The Congress finds that-- (1) Texas irrigators and agricultural producers are suffering enormous hardships in the lower Rio Grande River valley because of Mexico's failure to abide by the 1944 Water Treaty entered into by the United States and Mexico; (2) over the last 10 years, Mexico has accumulated a 1,500,000-acre fee water debt to the United States which has resulted in a very minimal and inadequate irrigation water supply in Texas; (3) recent studies by Texas A&M University show that water savings of 30 percent or more can be achieved by improvements in irrigation system infrastructure such as canal lining and metering; (4) on August 20, 2002, the Board of the North American Development Bank agreed to the creation in the Bank of a Water Conservation Investment Fund, as required by Minute 308 to the 1944 Water Treaty, which was an agreement signed by the United States and Mexico on June 28, 2002; and (5) the Water Conservation Investment Fund of the North American Development Bank stated that up to $80,000,000 would be available for grant financing of water conservation projects, which grant funds would be divided equally between the United States and Mexico. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) water conservation projects are eligible for funding from the North American Development Bank under the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank; and (2) the Board of the North American Development Bank should support qualified water conservation projects which can assist Texas irrigators and agricultural producers in the lower Rio Grande River Valley. SEC. 4. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION IN THE SOUTHERN CALIFORNIA AREA. It is the sense of the Congress that the Board of the North American Development Bank should support-- (1) the development of qualified water conservation projects in southern California and other eligible areas in the 4 United States border States, including the conjunctive use and storage of surface and ground water, delivery system conservation, the re-regulation of reservoirs, improved irrigation practices, wastewater reclamation, regional water management modeling, operational and optimization studies to improve water conservation, and cross-border water exchanges consistent with treaties; and (2) new water supply research and projects along the Mexico border in southern California and other eligible areas in the 4 United States border States to desalinate ocean seawater and brackish surface and groundwater, and dispose of or manage the brines resulting from desalination. SEC. 5. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS FOR WHICH FINANCE WATER CONSERVATION FOR IRRIGATORS AND AGRICULTURAL PRODUCERS IN THE SOUTHWEST UNITED STATES. (a) Findings.--The Congress finds as follows: (1) Irrigators and agricultural producers are suffering enormous hardships in the southwest United States. The border States of California, Arizona, New Mexico, and Texas are suffering from one of the worst droughts in history. In Arizona, this is the second driest period in recorded history and the worst since 1904. (2) In spite of decades of water conservation in the southwest United States, irrigated agriculture uses more than 60 percent of surface and ground water. (3) The most inadequate water supplies in the United States are in the Southwest, including the lower Colorado River basin and the Great Plains River basins south of the Platte River. In these areas, 70 percent of the water taken from the stream is not returned. (4) The amount of water being pumped out of groundwater sources in many areas is greater than the amount being replenished, thus depleting the groundwater supply. (5) On August 20, 2002, the Board of the North American Development Bank agreed to the creation in the bank of a Water Conservation Investment Fund. (6) The Water Conservation Investment Fund of the North American Development Bank stated that up to $80,000,000 would be available for grant financing of water conservation projects, which grant funds would be divided equally between the United States and Mexico. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) water conservation projects are eligible for funding from the North American Development Bank under the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank; (2) the Board of the North American Development Bank should support qualified water conservation projects that can assist irrigators and agricultural producers; and (3) the Board of the North American Development Bank should take into consideration the needs of all of the border states before approving funding for water projects, and strive to fund water conservation projects in each of the border states. SEC. 6. ADDITIONAL SENSES OF THE CONGRESS. (a) It is the sense of the Congress that the Board of the North American Development Bank should support the financing of projects, on both sides of the international boundary between the United States and Mexico, which address coastal issues and the problem of pollution in both countries having an environmental impact along the Pacific Ocean and Gulf of Mexico shores of the United States and Mexico. (b) It is the sense of the Congress that the Board of the North American Development Bank should support the financing of projects, on both sides of the international boundary between the United States and Mexico, which address air pollution. Passed the House of Representatives October 10, 2002. Attest: Clerk.

Amends the North American Free Trade Agreement Implementation Act to authorize the President to agree to amendments to the Border Environment Cooperation Agreement (the November 1993 Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank) that: (1) enable the North American Development Bank to make grants and non-market rate loans out of its paid-in capital resources with the approval of its Board of Directors for qualified water conservation projects; and (2) amend the definition of "border region" as it relates to such projects to include the area in the United States within 100 kilometers of the international boundary and the area in Mexico within 300 kilometers of the international boundary between the two countries.(Sec. 2) Requires the Secretary of the Treasury to report annually to specified congressional committees on the North American Development Bank.(Sec. 3) Expresses the sense of Congress that water conservation projects are eligible for funding from the Bank under the Cooperation Agreement.Expresses the sense of Congress that the Board of Directors of the Bank should support with financing: (1) qualified water conservation projects which can assist Texas irrigators and agricultural producers in the lower Rio Grande River Valley; (2) conservation as well as new water supply research and desalination projects in the border States of California, Arizona, New Mexico, and Texas; and (3) projects which address coastal and water and air pollution issues on both sides of the international boundary between the United States and Mexico, including along the Pacific Ocean and Gulf of Mexico shores of both countries.

To authorize the President of the United States to agree to certain amendments to the Agreement between the Government of the United States of America and the Government of the United Mexican States concerning the establishment of a Border Environment Cooperation Commission and a North American Development Bank, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Governors Island Preservation Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) in August 1776, the fortifications at Governors Island, New York, provided cover allowing George Washington's Continental Army to escape a British onslaught during the Battle of Long Island; (2) the State of New York, for nominal consideration, ceded control of Governors Island to the Federal Government in 1800 to provide for the defense of the United States; (3) during the War of 1812, the combined firepower of Castle Williams on Governors Island and the Southwest Battery in Manhattan dissuaded the British from making a direct attack on New York City, which was the largest city in and principal seaport of the United States at the time; (4) in 1901, 4,700,000 cubic yards of fill from the excavation of the Lexington Avenue Subway in Manhattan were deposited to increase the area of Governors Island from 90 to 172 acres; (5) Governors Island played a significant role in the Civil War, World War I, and World War II, and continued to serve the United States Army through 1966; (6) in 1958, the United States District Court for the Southern District of New York formally ratified the long possession of Governors Island by the United States through a condemnation proceeding that required ``just compensation'' of $1; (7) in 1966, the Army relocated operations from Governors Island, and the United States Coast Guard assumed control of the Island, an action that established an integral component of the Atlantic coast efforts of the Coast Guard for the following 30 years; (8) the Admiral's House on Governors Island hosted the final summit meeting between President Ronald W. Reagan and Soviet Premier Mikhail S. Gorbachev in December 1988, where the leaders presented each other with the Articles of Ratification for the Intermediate Nuclear Forces Treaty; (9) the Coast Guard ceased operations at Governors Island in 1997, leaving 225 buildings unoccupied, unused, and exposed to the harsh elements of New York Harbor; (10) Castle Williams is named after Lieutenant Colonel Jonathan Williams, who built the semi-circular ``cheesebox'' fort and later served as the first superintendent of West Point Military Academy; (11) the pentagonal Fort Jay, named after John Jay, is the complement of Fort Wood on nearby Bedloe Island, which serves as the base of the Statue of Liberty; (12) Castle Williams and Fort Jay, located within the Governors Island National Historic Landmark District, and more than 200 years of contributions to the history of the United States could be lost if Governors Island were to remain vacant or be sold to a private entity; (13) Castle Williams and Fort Jay, key elements of the Governors Island National Historic Landmark District, are worthy of continued Federal protection and should be designated a unit of the National Park System; and (14) the State of New York and the city of New York have agreed to a plan to be administered by the Governors Island Redevelopment Corporation, a subsidiary of the Empire State Development Corporation, that-- (A) offers what may be the only opportunity to ensure-- (i) public access to Governors Island; (ii) the preservation and protection of historic structures on Governors Island for future generations; and (iii) the ability of local elected officials, local community boards, and community organizations to participate in the redevelopment of Governors Island; and (B) would provide substantial educational and recreational facilities to the public. (b) Purposes.--The purposes of this Act are-- (1) to prevent the deterioration of the historic military buildings on Governors Island in New York Harbor; (2) to ensure that Castle Williams and Fort Jay are-- (A) retained in Federal ownership; (B) available for the benefit and inspiration of the people of the United States; and (C) afforded protection by the National Park Service as a unit of the National Park System; (3) to provide the general public with-- (A) access to Governors Island; (B) access to open park space to experience the majestic views of New York Harbor; and (C) opportunities that illustrate the significant contributions of Governors Island to the history of the United States; and (4) to return to the people of the State of New York property that the State of New York conveyed to the Federal Government, for nominal consideration, to provide for the defense of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) City.--The term ``City'' means the City of New York. (3) Corporation.--The term ``Corporation'' means Governors Island Redevelopment Corporation, a subsidiary of the Empire State Development Corporation governed by a board to be appointed by the State and the City (or any successor entity). (4) Management plan.--The term ``management plan'' means the management plan prepared under section 4(f). (5) Monument.--The term ``Monument'' means the Governors Island National Monument established under section 4(a). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of New York. SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT. (a) Establishment.--To preserve for the benefit and inspiration of the people of the United States as a national monument certain historic structures and associated land located on Governors Island in New York Harbor, there is established a unit of the National Park System to be known as the ``Governors Island National Monument''. (b) Composition.-- (1) In general.--The Monument shall be comprised of Castle Williams and Fort Jay, as depicted on the map entitled ``Governors Island National Monument Boundary Map'', numbered GOIS ____, and dated ____, 2000. (2) Inclusions.--The Monument shall include-- (A) the land on which Castle Williams and Fort Jay are situated; and (B) the land between Castle Williams and Fort Jay; as depicted on the map described in paragraph (1). (3) Availability of map.--The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Transfer.--Not later than 180 days after the date of enactment of this Act, as part of the overall disposition of Governors Island, the Administrator shall transfer administrative jurisdiction over the Monument to the Secretary. (d) Rights of Access.-- (1) Reservation.--As part of the overall disposition of Governors Island, the Administrator, subject to agreement by the Secretary and the Corporation, shall reserve the right of access for the Secretary to the Monument for purposes of operating and maintaining the Monument. (2) Utilities.--The provision of and access to utilities to the Monument shall be-- (A) determined as part of the disposition of Governors Island in accordance with the public service law of the State of New York; and (B) subject to agreement between the Secretary and the Corporation. (e) Administration.-- (1) In general.--On completion of the transfer under subsection (c), the Monument shall be administered by the Secretary in accordance with-- (A) this Act; and (B) laws generally applicable to units of the National Park System, including-- (i) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (ii) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (2) Cooperative agreements.--The Secretary, in consultation with the Corporation, may consult, and enter into cooperative agreements, with interested entities and individuals to provide for the preservation, development, interpretation, and use of the Monument. (f) Management Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, in consultation with the Corporation and other appropriate public and private entities, the Secretary shall prepare a management plan for the Monument. (2) Applicable law.--The Secretary shall prepare the management plan in accordance with-- (A) section 12(b) of the Act entitled ``An Act to improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'', approved August 18, 1970 (16 U.S.C. 1a- 7(b)); and (B) other applicable law. (3) Submission.--On completion of the management plan, the Secretary shall submit the management plan to-- (A) the Committee on Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out annual operation and maintenance of the Monument. SEC. 5. CONVEYANCE OF GOVERNORS ISLAND. (a) In General.-- (1) Conveyance.--Notwithstanding section 9101 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670) or any other provision of law, and except as provided in paragraphs (2) and (3), not later than 180 days after the date of enactment of this Act, the Administrator shall convey to the State of New York, for no consideration and for use consistent with sections 2 (a)(14) and (b), all right, title, and interest of the United States in and to Governors Island, to be administered by the Corporation. (2) Rights of access.--The conveyance under paragraph (1)(A) shall be subject to the rights of access described in section 4(d). (3) Exclusion of monument.--The Monument shall not be included in the conveyance under paragraph (1)(A). (b) Use and Redevelopment of Governors Island.--On completion of the conveyance under subsection (a)(1)(A), any use of the conveyed land shall be consistent with sections 2 (a)(14) and (b) and in compliance with-- (1) the New York State Environmental Quality Review Act (Sections 0101 through 0117 of the Environmental Conservation Law of New York); and (2) the document entitled ``Governors Island Preservation and Design Manual''-- (A) developed by the Administrator in accordance with-- (i) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (ii) applicable State and local historic preservation law; and (B) as approved by the Administrator, State, and City.

Requires the Administrator of General Services to transfer administrative jurisdiction over the Monument to the Secretary of the Interior. Requires the Secretary to submit a management plan for the Monument to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Authorizes appropriations for annual operation and maintenance. Directs the Administrator to convey Governors Island (excluding the Monument) to New York for use consistent with a plan to be administered by the Governors Island Redevelopment Corporation, the New York State Environmental Quality Review Act, and the Governors Island Preservation and Design Manual.

Governors Island Preservation Act of 2000

SECTION 1. CREDIT TO HOLDERS OF QUALIFIED BROWNFIELDS CLEANUP BONDS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO HOLDERS OF QUALIFIED BROWNFIELDS CLEANUP BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified brownfields cleanup bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified brownfields cleanup bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified brownfields cleanup bond is the product of-- ``(A) the applicable credit rate, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Applicable credit rate.--For purposes of paragraph (1), the applicable credit rate with respect to an issue is the rate equal to an average market yield (as of the day before the date of issuance of the issue) on outstanding long-term corporate debt obligations (determined under regulations prescribed by the Secretary). ``(4) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed. ``(c) Qualified Brownfields Cleanup Bond.--For purposes of this section-- ``(1) In general.--The term `qualified brownfields cleanup bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for the abatement or control of hazardous substances at a qualified contaminated site, ``(B) the bond is issued by a State or local government within the jurisdiction of which such site is located, ``(C) the issuer designates such bond for purposes of this section, and ``(D) the term of each bond which is part of such issue does not exceed 15 years. ``(2) Limitation on amount of bonds designated.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under paragraph (1) by any issuer shall not exceed the limitation amount allocated under paragraph (3) for such calendar year to such issuer. ``(3) National limitation on amount of bonds designated.-- There is a national qualified brownfields cleanup bond limitation for each calendar year. Such limitation is-- ``(A) $100,000,000 for 2002, and ``(B) $150,000,000 for 2003. ``(4) Allocation of limitation among states.--The limitation applicable under paragraph (3) for any calendar year shall be allocated among the States by the Secretary of the Treasury. ``(5) Carryover of unused limitation.--If for any calendar year-- ``(A) the amount allocated under paragraph (4) to any State, exceeds ``(B) the amount of bonds issued during such year which are designated under paragraph (1) pursuant to such allocation, the limitation amount under paragraph (4) for such State for the following calendar year shall be increased by the amount of such excess. ``(6) Bond to be paid back from any tax revenue increase.-- A bond shall not be treated as a qualified brownfields cleanup bond unless any increase in real property tax revenues (attributable to increases in assessed value) by reason of the carrying out of the purposes described in paragraph (1)(A) is reserved exclusively for debt service on the issue referred to in paragraph (1) (and similar issues) to the extent such increase does not exceed such debt service. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--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 part IV of subchapter A (other than subpart C thereof, relating to refundable credits). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) 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 taxable year. ``(e) Other Definitions.--For purposes of this section-- ``(1) Credit allowance date.--The term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term includes the last day on which the bond is outstanding. ``(2) Bond.--The term `bond' includes any obligation. ``(3) State.--The term `State' includes the District of Columbia and any possession of the United States. ``(4) Qualified contaminated site.--The term `qualified contaminated site' means a brownfield site designated by the Administrator of the Environmental Protection Agency. ``(5) Hazardous substance.--The term `hazardous substance' has the meaning provided by section 198(d). ``(f) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (d)) and the amount so included shall be treated as interest income. ``(g) Bonds Held by Regulated Investment Companies.--If any qualified brownfields cleanup bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(h) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified brownfields cleanup bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified brownfields cleanup bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(i) Treatment for Estimated Tax Purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified brownfields cleanup bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(j) Credit May Be Transferred.--Nothing in any law or rule of law shall be construed to limit the transferability of the credit allowed by this section through sale and repurchase agreements. ``(k) Reporting.--Issuers of qualified brownfields cleanup bonds shall submit reports similar to the reports required under section 149(e).'' (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on qualified brownfields cleanup bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 30B(f) and such amounts shall be treated as paid on the credit allowance date (as defined in section 30B(e)(1)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.'' (c) Conforming Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit to holders of qualified public brownfields cleanup bonds.'' (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2001.

Amends the Internal Revenue Code to allow a limited credit to holders of qualified brownfields cleanup bonds. Sets a national limit on the amount of such bonds and provides for allocation among the States.

To amend the Internal Revenue Code of 1986 to expand the incentives for the environmental cleanup of certain contaminated industrial sites designated as brownfields.

s Described.-- (1) In general.--For purposes of subsection (a)(1), a joint resolution is described in this paragraph if it is a joint resolution of the 2 Houses of Congress and the matter after the resolving clause of such joint resolution is as follows: ``That the Congress calls upon the President to undertake negotiations to amend or modify the matter relating to ____________ that is the subject of the affirmative report submitted to the Congress by the WTO Dispute Settlement Review Commission on ____'', the first blank space being filled with the specific provisions of the Uruguay Round Agreement with respect to which the President is to undertake negotiations and the second blank space being filled with the date that the affirmative report, which was made under section 4(a) and which has given rise to the joint resolution, was submitted to the Congress by the Commission pursuant to section 4(b). (2) Withdrawal resolution.--For purposes of subsection (a)(2), a joint resolution is described in this paragraph if it is a joint resolution of the 2 Houses of Congress and the matter after the resolving clause of such joint resolution is as follows: ``That, in light of the 3 affirmative reports submitted to the Congress by the WTO Dispute Settlement Review Commission during the preceding 5-year period, and the failure to remedy the problems identified in the reports through negotiations, it is no longer in the overall national interest of the United States to be a member of the WTO, and accordingly the Congress withdraws its approval, provided under section 101(a) of the Uruguay Round Agreements Act, of the WTO Agreement as defined in section 2(9) of that Act.''. (c) Procedural Provisions.-- (1) In general.--The requirements of this subsection are met if the joint resolution is enacted in accordance with this subsection, and-- (A) in the case of a joint resolution described in subsection (b)(1), the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives an affirmative report from the Commission pursuant to section 4(b)(2); or (B) in the case of a joint resolution described in subsection (b)(2), the Commission has submitted 3 affirmative reports pursuant to section 4(b)(2) during a 5-year period, and the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives the third such affirmative report. (2) Presidential veto.--In any case in which the President vetoes the joint resolution, the requirements of this subsection are met if each House of Congress votes to override that veto on or before the later of the last day of the 90-day period referred to in subparagraph (A) or (B) of paragraph (1), whichever is applicable, or the last day of the 15-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives the veto message from the President. (3) Introduction.-- (A) Time.--A joint resolution to which this section applies may be introduced at any time on or after the date on which the Commission transmits to the Congress an affirmative report pursuant to section 4(b)(2), and before the end of the 90-day period referred to in subparagraph (A) or (B) of paragraph (1), as the case may be. (B) Any member may introduce.--A joint resolution described in subsection (b) may be introduced in either House of the Congress by any Member of such House. (4) Expedited procedures.-- (A) General rule.--Subject to the provisions of this subsection, the provisions of subsections (b), (d), (e), and (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), and (f)) apply to joint resolutions described in subsection (b) to the same extent as such provisions apply to resolutions under such section. (B) Report or discharge of committee.--If the committee of either House to which a joint resolution has been referred has not reported it by the close of the 45th day after its introduction (excluding any day described in section 154(b) of the Trade Act of 1974), such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. (C) Finance and ways and means committees.--It is not in order for-- (i) the Senate to consider any joint resolution unless it has been reported by the Committee on Finance or the committee has been discharged under subparagraph (B); or (ii) the House of Representatives to consider any joint resolution unless it has been reported by the Committee on Ways and Means or the committee has been discharged under subparagraph (B). (D) Special rule for house.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. (5) Consideration of second resolution not in order.--It shall not be in order in either the House of Representatives or the Senate to consider a joint resolution (other than a joint resolution received from the other House), if that House has previously adopted a joint resolution under this section relating to the same matter. (d) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. SEC. 7. DEFINITIONS. For purposes of this title: (1) Adverse finding.--The term ``adverse finding'' means-- (A) in a panel or Appellate Body proceeding initiated against the United States, a finding by the panel or the Appellate Body that any law or regulation of, or application thereof by, the United States is inconsistent with the obligations of the United States under a Uruguay Round Agreement (or nullifies or impairs benefits accruing to a WTO member under such an Agreement); or (B) in a panel or Appellate Body proceeding in which the United States is a complaining party, any finding by the panel or the Appellate Body that a measure of the party complained against is not inconsistent with that party's obligations under a Uruguay Round Agreement (or does not nullify or impair benefits accruing to the United States under such an Agreement). (2) Affirmative report.--The term ``affirmative report'' means a report described in section 4(b)(2) which contains affirmative determinations made by the Commission under paragraph (3) of section 4(a). (3) Appellate body.--The term ``Appellate Body'' means the Appellate Body established by the Dispute Settlement Body pursuant to Article 17.1 of the Dispute Settlement Understanding. (4) Dispute settlement body.--The term ``Dispute Settlement Body'' means the Dispute Settlement Body established pursuant to the Dispute Settlement Understanding. (5) Dispute settlement panel; panel.--The terms ``dispute settlement panel'' and ``panel'' mean a panel established pursuant to Article 6 of the Dispute Settlement Understanding. (6) Dispute settlement understanding.--The term ``Dispute Settlement Understanding'' means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act. (7) Terms of reference.--The term ``terms of reference'' has the meaning given such term in the Dispute Settlement Understanding. (8) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. (9) Uruguay round agreement.--The term ``Uruguay Round Agreement'' means any of the Agreements described in section 101(d) of the Uruguay Round Agreements Act. (10) World trade organization; wto.--The terms ``World Trade Organization'' and ``WTO'' mean the organization established pursuant to the WTO Agreement. (11) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994. S 1438 PCS----2

WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review all adverse reports of dispute settlement panels and the Appellate Body adopted by the Dispute Settlement Body of the World Trade Organization (WTO) which result from a proceeding initiated against the United States by a WTO member, or (but only at the request of the U.S. Trade Representative) in which the United States is a complaining party. Requires the Commission to determine whether the panel or the Appellate Body: (1) demonstrably exceeded its authority; (2) added to the obligations, or diminished the rights, of the United States under the Uruguay Round Agreement; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from proper procedures; and (4) deviated, in its report, from the applicable standard of review. Requires the Commission to make an affirmative determination with respect to the action of a panel or the Appellate Body if it determines that: (1) any of the above occurred; and (2) the action of such panel or the Appellate Body materially affected the outcome of its report. Urges the President, upon enactment of a joint resolution directing such action, to negotiate to amend or modify the rules and procedures of the Uruguay Round Agreement with respect to any affirmative report submitted to the Congress concerning the action of a panel or the Appellate Body. Provides for a joint resolution withdrawing congressional approval of the WTO agreement, ending U.S. participation in the WTO, if: (1) there are three affirmative reports submitted to the Congress during the preceding five-year period; and (2) negotiations to remedy the problems in such reports are no longer in the national interest.

WTO Dispute Settlement Review Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congress 2014 Commission Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Congress 2014 Commission'' (hereafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) analyze the current size of the membership of the House of Representatives considering the requirement for the institution to carry out its responsibilities in an effective manner under the challenges of the new century; (2) examine alternatives to the current method by which Representatives are elected (including cumulative voting and proportional representation) to determine if such alternatives would make the House of Representatives a more representative body; (3) provide consideration to the continuing dissolution of adherence to the platforms and candidates of the Nation's two major political parties as well as to the reduction in electoral participation by the citizenry; (4) consider whether alternative methods of electing House Members might include more citizens in the electoral process; (5) examine methods of providing greater representation in the House of Representatives for the people of the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the United States Virgin Islands; (6) to the extent necessary, formulate proposals for changes in the size of the membership of, and the method of electing Representatives to, the House of Representatives; and (7) not later than the end of the One Hundred Twelfth Congress, submit to the President and the Congress a report of the work of the Commission, together with a draft of legislation (including technical and conforming provisions) to implement the proposals referred to in paragraph (6). SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 17 members as follows: (1) 3 members appointed by the President. (2) 10 members appointed by the House of Representatives, of whom 5 shall be appointed by the Speaker and 5 shall be appointed by the minority leader. (3) 4 members appointed by the Senate, of whom 2 shall be appointed by the majority leader and 2 shall be appointed by the minority leader. (b) Qualifications.--In making appointments under this section, the appointing authorities shall make a special effort to appoint individuals who are particularly qualified to perform the functions of the Commission, by reason of either practical experience or academic expertise in politics or government. (c) 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. (d) Pay and Travel.--Each member of the Commission, other than a full-time officer or employee of the United States-- (1) shall be paid the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission; and (2) shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (e) Quorum.--Nine members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Chairman.--The Chairman of the Commission shall be elected by the members. (g) Meetings.--The Commission shall meet at the call of the Chairman or a majority of its members. SEC. 5. STAFF. (a) In General.--With the approval of the Commission, the Chairman may appoint and fix the pay of not more than six individuals for the staff of the Commission. Such individuals may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (b) Experts and Consultants.--With the approval of the Commission, the Chairman may procure temporary and intermittent services in the manner prescribed in section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (c) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (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 responsibilities under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $5,000,000, to remain available until expended. SEC. 8. TERMINATION. The Commission shall cease to exist on the last day of the month in which its report is submitted under section 3.

Congress 2014 Commission Act - Establishes the Congress 2014 Commission to make recommendations on the appropriate size of membership of the House of Representatives and the method by which Members are elected, including: (1) examining methods of providing greater representation in the House for the people of the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S.Virgin Islands; and (2) reporting to the President and Congress on its work, together with a draft of legislation (including technical and conforming provisions) to implement its proposals.

To establish a commission to make recommendations on the appropriate size of membership of the House of Representatives and the method by which Members are elected.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congress 2006 Commission Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Congress 2006 Commission'' (hereafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) analyze the current size of the membership of the House of Representatives considering the requirement for the institution to carry out its responsibilities in an effective manner under the challenges of the new century; (2) examine alternatives to the current method by which Representatives are elected (including cumulative voting and proportional representation) to determine if such alternatives would make the House of Representatives a more representative body; (3) provide consideration to the continuing dissolution of adherence to the platforms and candidates of the Nation's two major political parties as well as to the reduction in electoral participation by the citizenry; (4) consider whether alternative methods of electing House Members might include more citizens in the electoral process; (5) to the extent necessary, formulate proposals for changes in the size of the membership of, and the method of electing Representatives to, the House of Representatives; and (6) not later than the end of the One Hundred Eighth Congress, submit to the President and the Congress a report of the work of the Commission, together with a draft of legislation (including technical and conforming provisions) to implement the proposals referred to in paragraph (5). SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members as follows: (1) Two members appointed by the President. (2) Ten members appointed by the House of Representatives, in the manner prescribed by the House of Representatives. (3) Three members appointed by the Senate, in the manner prescribed by the Senate. (b) Qualifications.--In making appointments under this section, the appointing authorities shall make a special effort to appoint individuals who are particularly qualified to perform the functions of the Commission, by reason of either practical experience or academic expertise in politics or government. (c) 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. (d) Pay and Travel.--Each member of the Commission, other than a full-time officer or employee of the United States-- (1) shall be paid the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission; and (2) shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--Eight members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Chairman.--The Chairman of the Commission shall be elected by the members. (g) Meetings.--The Commission shall meet at the call of the Chairman or a majority of its members. SEC. 5. STAFF. (a) In General.--With the approval of the Commission, the Chairman may appoint and fix the pay of not more than six individuals for the staff of the Commission. Such individuals may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (b) Experts and Consultants.--With the approval of the Commission, the Chairman may procure temporary and intermittent services in the manner prescribed in section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (c) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (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 responsibilities under this Act. SEC. 7. TERMINATION. The Commission shall cease to exist on the last day of the month in which its report is submitted under section 3.

Congress 2006 Commission Act - Establishes the Congress 2006 Commission to make proposals to the President and Congress regarding changes in the size of the membership of, and the method of electing Representatives to, the House of Representatives.

To establish a commission to make recommendations on the appropriate size of membership of the House of Representatives and the method by which Members are elected.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Speech About Science Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) Federal regulators have forbidden-- (A) cherry growers and food producers to cite independent and respected scientific research on their produce that references health benefits; and (B) a variety of dietary supplement makers to cite independent scientific research on health benefits from supplements from respected, peer-reviewed scientific journals. (2) Americans want access and have a right to access legitimate scientific information about foods and dietary supplements to ensure informed decisions about diet and health care. While the American public is inundated daily with advertisements about prescription drugs for health conditions, many of which could be prevented through lifestyle changes, proper nutrition, and informed use of dietary supplements, Americans are denied access to the very information that assists in making informed lifestyle and health care decisions. (3) Providing access to scientific information promotes self-responsibility, thereby empowering Americans to exercise independent judgment in caring for themselves and ultimately reducing health care costs and improving quality of life. (4) The United States has a long commitment to the free dissemination of scientific research with the exception of limited extreme situations for national security. This commitment goes back to the First Amendment to the Constitution and has contributed vitally to the Nation's economic progress. SEC. 3. MISBRANDED FOOD AND DIETARY SUPPLEMENTS. Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)) is amended-- (1) in subparagraph (3)-- (A) by redesignating clause (D) as clause (E); (B) by inserting after clause (C) the following: ``(D) Notwithstanding the provisions of clauses (A)(i) and (B), a claim of the type described in subparagraph (1)(B) which is not authorized by the Secretary in a regulation promulgated in accordance with clause (B) shall be authorized and may be made with respect to a food if-- ``(i) the claim is based on legitimate scientific research; ``(ii) the claim and the food for which the claim is made are in compliance with clause (A)(ii) and are otherwise in compliance with paragraph (a) and section 201(n); ``(iii) the claim is stated in a manner so that the claim-- ``(I) is an accurate balanced summary of such research; and ``(II) enables the public to comprehend the information provided in the claim and the relative significance of such information in the context of a total daily diet; ``(iv) the claim includes a citation to such research; and ``(v) the claim identifies each party that funded such research.''; (C) in clause (E), as so redesignated, by striking ``clause (C)'' each place it appears and inserting ``clause (C) or (D)''; and (D) by adding at the end the following: ``(F) In this subparagraph, the term `legitimate scientific research' means scientific research, whether performed in vitro, in vivo, in animals, or in humans, that-- ``(i) is conducted in accordance with sound scientific principles; ``(ii) has been evaluated and accepted by a scientific or medical panel; and ``(iii) has been published in its entirety, or as an accurate, balanced summary or scientific review including a citation to the research in its entirety, in-- ``(I) a peer-reviewed article or book; ``(II) a recognized textbook; ``(III) a peer-reviewed scientific publication; or ``(IV) any publication of the United States Government (including ones published by or at the request of a Federal department, agency, institute, center, or academy).''; (2) by amending subparagraph (6) to read as follows: ``(6)(A) For purposes of subparagraph (1)(B), a statement for a dietary supplement may be made if-- ``(i) the statement claims a benefit related to a classical nutrient deficiency condition and discloses the prevalence of such condition in the United States, describes the role of a nutrient or dietary ingredient intended to affect the structure or function in humans, characterizes the documented mechanism by which a nutrient or dietary ingredient acts to maintain such structure or function, or describes general well-being from consumption of a nutrient or dietary ingredient; ``(ii) the manufacturer of the dietary supplement has substantiation that such statement is truthful and not misleading; ``(iii) the statement contains, prominently displayed and in boldface type, the following: `This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.'; and ``(iv) the statement does not claim to diagnose, mitigate, treat, cure, or prevent a specific disease or class of diseases. ``(B) Notwithstanding subparagraph (1)(B), a statement for a dietary supplement may be made if-- ``(i) the statement claims to diagnose, mitigate, treat, cure, or prevent a specific disease or class of diseases, based on legitimate scientific research (as defined in subparagraph (3)(F)); ``(ii) the manufacturer of the dietary supplement has substantiation that such statement is truthful and not misleading; ``(iii) the statement contains, prominently displayed and in boldface type, the following: `This statement has not been evaluated by the Food and Drug Administration.'; ``(iv) the claim includes a citation to the research referred to in subclause (i); and ``(v) the claim identifies each party that funded such research. If the manufacturer of a dietary supplement proposes to make a statement described in clause (A) or (B) in the labeling of the dietary supplement, the manufacturer shall notify the Secretary no later than 30 days after the first marketing of the dietary supplement with such statement that such a statement is being made.''; and (3) by adding at the end the following: ``(8) Subject to subparagraph (1) (relating to claims in the label or labeling of food), the Secretary shall take no action to restrict in any way the distribution of information that is not false or misleading on legitimate scientific research (as defined in subparagraph (3)(F)) in connection with the sale of food.''. SEC. 4. FALSE ADVERTISING. (a) Dissemination of Legitimate Scientific Research in Connection With Sale or Distribution of Food or Dietary Supplement.--Section 12 of the Federal Trade Commission Act (15 U.S.C. 52) is amended by adding at the end the following: ``(c)(1) The dissemination of legitimate scientific research in connection with the sale or distribution of a food or dietary supplement to consumers shall not be determined to be false advertising by virtue of the fact that the research does not directly correlate to the type of food or dietary supplement (including any component thereof) being sold or distributed if the dissemination includes a clear disclosure that the research does not directly correlate to such type of food or dietary supplement. ``(2) In any proceeding under section 13, the burden of proof shall be on the Commission to establish that the literature being disseminated is not legitimate scientific research.''. (b) Definitions.--Section 15 of the Federal Trade Commission Act (15 U.S.C. 55) is amended by adding at the end the following: ``(g) The term `dietary supplement' has the meaning given to such term in section 201 of the Federal Food, Drug, and Cosmetic Act. ``(h) The term `legitimate scientific research' has the meaning given to such term in section 403(r) of the Federal Food, Drug, and Cosmetic Act.''.

Free Speech About Science Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to set forth conditions under which a food or dietary supplement label may characterize the relationship of a nutrient in the food or supplement to a disease or health-related claim. Permits such a label on food if the claim: (1) is based on legitimate scientific research; (2) is in compliance with other FFDCA provisions; (3) is an accurate, balanced summary of such research; (4) enables the public to comprehend the information provided in the claim and the relative significance of such information in the context of a total daily diet; and (5) identifies each party that funded research to support the claim. Permits such a label on a dietary supplement that claims to diagnose, treat, cure, or prevent a specific disease or class of diseases if: (1) the claim is based on legitimate scientific research; (2) the manufacturer has substantiation that such statement is truthful and not misleading; (3) the statement includes a disclaimer that it has not been evaluated by the Food and Drug Administration (FDA); and (4) the claim includes a citation to the research supporting such claim and identifies each party that funded such research. Prohibits the Secretary of Health and Human Services (HHS) from restricting the distribution of information that is not false or misleading and that is based on legitimate scientific research in connection with the sale of food. Amends the Federal Trade Commission Act to exempt the dissemination of legitimate scientific research in connection with the sale or distribution of a food or dietary supplement to consumers from being determined to be false advertising by virtue of the fact that the research does not directly correlate to such food or dietary supplement if the dissemination discloses that information. Places the burden of proof on the Federal Trade Commission (FTC) to establish that the literature being disseminated is not legitimate scientific research.

To amend the Federal Food, Drug, and Cosmetic Act concerning the distribution of information on legitimate scientific research in connection with foods and dietary supplements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Secret Protection Act of 2008''. SEC. 2. STATE SECRET PRIVILEGE. In any civil action brought in Federal or State court, the Government has a privilege to refuse to give evidence and to prevent any person from giving evidence only if the Government shows that public disclosure of the evidence that the Government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States. SEC. 3. PROTECTION OF SECRETS. (a) In General.--The court shall take steps to protect sensitive information that comes before the court in connection with proceedings under this Act. These steps may include reviewing evidence or pleadings and hearing arguments ex parte, issuing protective orders, requiring security clearance for parties or counsel, placing material under seal, and applying security procedures established under the Classified Information Procedures Act for classified information to protect the sensitive information. (b) In Camera Proceedings.--All hearings and other proceedings under this Act may be conducted in camera, as needed to protect information or evidence that may be subject to the privilege. (c) Participation of Counsel.--Participation of counsel in proceedings under this Act shall not be limited unless the court determines that the limitation is a necessary step to protect evidence the Government asserts is protected by the privilege or that supports the claim of privilege and that no less restrictive means of protection suffice. The court shall give a written explanation of its decision to the parties and their counsel, which may be placed under seal. (d) Production of Adequate Substitute Pending Resolution of the Claim of Privilege.--If at any point during its consideration of the Government's claim, the court determines that disclosure of information to a party or counsel, or disclosure of information by a party that already possesses it, presents a risk of a harm described in section 2 that cannot be addressed through less restrictive means provided in this section, the court may require the Government to produce an adequate substitute, such as a redacted version, summary of the information, or stipulation regarding the relevant facts, if the court deems such a substitute feasible. The substitute must be reviewed and approved by the court and must provide counsel with a substantially equivalent opportunity to assess and challenge the Government's claim of privilege as would the protected information. SEC. 4. ASSERTION OF THE PRIVILEGE. (a) In General.--The Government may assert the privilege in connection with any claim in a civil action to which it is a party or may intervene in a civil action to which it is not a party to do so. (b) Supporting Affidavits.--If the Government asserts the privilege, the Government shall provide the court with an affidavit signed by the head of the executive branch agency with responsibility for, and control over, the evidence asserted to be subject to the privilege. In the affidavit, the head of the agency shall explain the factual basis for the claim of privilege. The Government shall make public an unclassified version of the affidavit. SEC. 5. PRELIMINARY PROCEEDINGS. (a) Preliminary Review by Court.--Once the Government has asserted the privilege, and before the Court makes any determinations under section 6, the court shall undertake a preliminary review of the information the Government asserts is protected by the privilege and provide the Government an opportunity to seek protective measures under this Act. After any initial protective measures are in place, the Court shall proceed to the consideration of additional preliminary matters under this section. (b) Consideration of Whether to Appoint Special Master or Expert Witness.--The court shall consider whether the appointment of a special master with appropriate expertise or an expert witness, or both, would facilitate the court's duties under this Act. (c) Index of Materials.--The court may order the Government to provide a manageable index of evidence the Government asserts is subject to the privilege. The index must correlate statements made in the affidavit required under this Act with portions of the evidence the Government asserts is subject to the privilege. The index shall be specific enough to afford the court an adequate foundation to review the basis of the assertion of the privilege by the Government. (d) Prehearing Conferences.--After the preliminary review the court shall hold one or more conferences with the parties to-- (1) determine any steps needed to protect sensitive information; (2) define the issues presented by the Government's claim of privilege, including whether it is possible to allow the parties to complete nonprivileged discovery before determining whether the claim of privilege is valid; (3) order disclosure of evidence to the court needed to assess the claim, including all evidence the Government asserts is protected by the privilege and other evidence related to the Government's claim; (4) resolve any disputes regarding participation of counsel or parties in proceedings relating to the claim, including access to the Government's evidence and arguments; (5) set a schedule for completion of discovery related to the Government's claim; and (6) take other steps as needed, such as ordering counsel or parties to obtain security clearances. (e) Security Clearances.--If the court orders a party or counsel to obtain a security clearance, the Government shall promptly conduct the necessary review and determine whether or not to provide the clearance. If the necessary clearance is not promptly provided to counsel for a party, the party may propose that alternate or additional counsel be cleared. If within a reasonable time, alternative or additional counsel selected by the party cannot be cleared, then the court, in consultation with that party and that party's counsel, shall appoint another attorney, who can obtain the necessary clearance promptly, to represent the party in proceedings under this Act. When a security clearance for counsel sought under this Act is denied, the court may require the Government to present an ex parte explanation of that denial. SEC. 6. PROCEDURES AND STANDARD FOR ASSESSING THE PRIVILEGE CLAIM. (a) Hearing.--The court shall conduct a hearing to determine whether the privilege claim is valid. (b) Basis for Ruling.-- (1) Generally.--The court may not determine that the privilege is valid until the court has reviewed-- (A) except as provided in paragraph (2), all of the evidence that the Government asserts is privileged; (B) the affidavits, evidence, memoranda and other filings submitted by the parties related to the privilege claim; and (C) any other evidence that the court determines it needs to rule on the privilege. (2) Sampling in certain cases.--Where the volume of evidence the Government asserts is privileged precludes a timely review of each item of evidence, or the court otherwise determines a review of all of that evidence is not feasible, the court may substitute a sufficient sampling of the evidence if the court determines that there is no reasonable possibility that review of the additional evidence would change the court's determination on the privilege claim and the evidence reviewed is sufficient to enable to court to make the independent assessment required by this section. (c) Standard.--In ruling on the validity of the privilege, the court shall make an independent assessment of whether the harm identified by the Government, as required by section 2, is reasonably likely to occur should the privilege not be upheld. The court shall weigh testimony from Government experts in the same manner as it does, and along with, any other expert testimony. (d) Burden of Proof.--The Government shall have the burden of proof as to the nature of the harm and as to the likelihood of its occurrence. SEC. 7. EFFECT OF COURT DETERMINATION. (a) In General.--If the court determines that the privilege is not validly asserted as to an item of evidence, the item may be disclosed to a nongovernmental party or admitted at trial, subject to the other rules of evidence. If the court determines that the privilege is validly asserted as to an item, that item shall not be disclosed to a nongovernmental party or the public. (b) Nonprivileged Substitute.-- (1) Court consideration of substitute.--If the court finds that the privilege is validly asserted as to an item of material evidence and it is possible to craft a nonprivileged substitute, such as those described in section 3(d), for the privileged evidence that would provide the parties a substantially equivalent opportunity to litigate the case, the court shall order the Government to produce the substitute to the satisfaction of the court. (2) Refusal to provide.--In a civil action brought against the Government, if the court orders the Government to provide a nonprivileged substitute for evidence or information and the Government fails to comply, in addition to any other appropriate sanctions, the court shall find against the Government on the factual or legal issue to which the privileged information is relevant. If the action is not brought against the Government, the court shall weigh the equities and make appropriate orders as provided in subsection (d). (c) Opportunity to Complete Discovery.--The court shall not resolve any issue or claim and shall not grant a motion to dismiss or motion for summary judgment based on the state secrets privilege and adversely to any party against whom the Government's privilege claim has been upheld until that party has had a full opportunity to complete discovery of nonprivileged evidence and to litigate the issue or claim to which the privileged evidence is relevant without regard to that privileged information. (d) Appropriate Orders in the Interest of Justice.--After reviewing all available evidence, and only after determining that privileged evidence, for which it is impossible to create a nonprivileged substitute, is necessary to decide a factual or legal issue or claim, the court shall weigh the equities and make appropriate orders in the interest of justice, such as striking the testimony of a witness, finding in favor of or against a party on a factual or legal issue to which the evidence is relevant, or dismissing a claim or counterclaim. SEC. 8. INTERLOCUTORY APPEAL. (a) In General.--The courts of appeal shall have jurisdiction of an appeal by any party from any interlocutory decision or order of a district court of the United States under this Act. (b) Appeal.-- (1) In general.--An appeal taken under this section either before or during trial shall be expedited by the court of appeals. (2) During trial.--If an appeal is taken during trial, the district court shall adjourn the trial until the appeal is resolved and the court of appeals-- (A) shall hear argument on appeal as expeditiously as possible after adjournment of the trial by the district court; (B) may dispense with written briefs other than the supporting materials previously submitted to the trial court; (C) shall render its decision as expeditiously as possible after argument on appeal; and (D) may dispense with the issuance of a written opinion in rendering its decision. SEC. 9. REPORTING. (a) In General.--Consistent with applicable authorities and duties, including those conferred by the Constitution of the United States upon the executive and legislative branches, the Attorney General shall report in writing to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the chairmen and ranking minority members of the Committees on the Judiciary of the House of Representatives and Senate on any case in which the Government invokes a state secrets privilege, not later than 30 calendar days after the date of such assertion. Each report submitted under this subsection shall include all affidavits filed under this Act by the Government. (b) Operation and Effectiveness.-- (1) In general.--The Attorney General shall deliver to the committees of Congress described in subsection (a) a report concerning the operation and effectiveness of this Act and including suggested amendments to the Act. (2) Deadline.--The Attorney General shall submit this report not later than 1 year after the date of enactment of this Act, and every year thereafter until the date that is 3 years after that date of enactment. After the date that is 3 years after that date of enactment, the Attorney General shall submit a report under paragraph (1) as necessary. SEC. 10. RULE OF CONSTRUCTION. This Act provides the only privilege that may be asserted based on state secrets and the standards and procedures set forth in this Act apply to any assertion of the privilege. SEC. 11. APPLICATION. This Act applies to claims pending on or after the date of enactment of this Act. A court also may relieve a party or its legal representative from a final judgment, order, or proceeding that was based, in whole or in part, on the state secrets privilege if-- (1) the motion for relief is filed with the rendering court within one year of the date of enactment of this Act; (2) the underlying judgment, order, or proceeding from which the party seeks relief was entered after January 1, 2002; and (3) the claim on which the judgement, order, or proceeding is based is-- (A) against the Government; or (B) arises out of conduct by persons acting in the capacity of a Government officer, employee, or agent.

State Secret Protection Act of 2008 - Declares that in any civil action brought in federal or state court the government has a privilege to refuse to give evidence and to prevent any person from giving evidence only if the government shows that public disclosure of the evidence that the government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States. Requires the court to take steps, including in camera hearings and other proceedings, to protect sensitive information that comes before it. Sets forth rules regarding the participation of counsel or the disclosure of information when it presents a risk of harm. Provides for court-ordered presentation of adequate or nonprivileged substitutes for privileged evidence. Allows the government to: (1) assert the privilege in connection with any claim in a civil action to which it is a party; or (2) intervene in a civil action to which it is not a party in order to do so. Provides that once the government has asserted the privilege, and before the court makes any determinations, the court shall: (1) undertake a preliminary review of the information in question; and (2) provide the government an opportunity to seek protective measures under this Act. Establishes procedures and a standard for assessing the privilege claim. Allows disclosure of an item of evidence to a nongovernmental party, or admission at trial, if the court determines that the privilege is not validly asserted. Prohibits such disclosure or admission if the privilege is determined valid. Grants the courts of appeal jurisdiction of an appeal by any party from any interlocutory decision or order of a U.S. district court.

To provide safe, fair, and responsible procedures and standards for resolving claims of state secret privilege.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Protection Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. The Congress finds and declares that-- (1) the willingness of volunteers to offer their services is deterred by potential for liability actions against them and the organizations they serve; (2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely affected by the withdrawal of volunteers from boards of directors and service in other capacities; (3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating; and (4) because Federal funds are expended on useful and cost- effective social service programs, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public-private partnerships, protection of volunteerism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal legislation. (b) Purpose.--The purpose of this Act is to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit organizations, and governmental entities that depend on volunteer contributions by reforming the laws to provide protection from personal financial liability to volunteers serving nonprofit organizations and governmental entities for actions undertaken in good faith on behalf of such organizations. SEC. 3. PREEMPTION. This Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protections to volunteers or category of volunteers from personal liability in the performance of services for a nonprofit organization or governmental organization. SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS. (a) Liability Protection for Volunteers.--Except as provided in subsections (b) and (d), no volunteer of a nonprofit organization or governmental entity shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if-- (1) the volunteer was acting within the scope of the volunteer's responsibilities in the nonprofit organization or governmental entity at the time of the act or omission; (2) if appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State, in which the harm occurred, undertaken within the scope of the volunteer's responsibilities in the nonprofit organization or governmental entity; and (3) the harm was not caused by willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer. (b) Concerning Responsibility of Volunteers to Organizations and Entities.--Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. (c) No Effect on Liability of Organization or Entity.--Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person, except that in an action brought on the basis of such liability punitive damages may not be awarded against such organization or entity unless the harm was proximately caused by the action of a volunteer of such organization or entity which was willful or criminal or a conscious, flagrant indifference to the rights or safety of the individual harmed. (d) Exceptions to Volunteer Liability Protection.--If the laws of a State limit volunteer liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section: (1) A State law that requires a nonprofit organization or governmental entity to adhere to risk management procedures, including mandatory training of volunteers. (2) A State law that makes the organization or entity liable for the acts or omissions of its volunteers to the same extent as an employer is liable for the acts or omissions of its employees. (3) A State law that makes a limitation of liability inapplicable if the volunteer was operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or vehicle owner to possess an operator's license or to maintain insurance. (4) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. (5) A State law that makes a limitation of liability applicable only if the nonprofit organization or governmental entity provides a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the organization or entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified. SEC. 5. DEFINITIONS. For purposes of section 4: (1) Economic loss.--The term ``economic losses'' means objectively verifiable monetary losses, including past and future medical expenses, loss of past and future earnings, cost of obtaining replacement services in the home (including child care, transportation, food preparation, and household care), cost of making reasonable accommodations to a personal residence, loss of employment, and loss of business or employment opportunities. (2) Harm.--The term ``harm'' includes physical, nonphysical, economic, and noneconomic losses. (3) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. (4) Nonprofit organization.--The term ``nonprofit organization'' means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (6) Volunteer.--The term ``volunteer'' means an individual performing services for a nonprofit organization or a governmental entity who does not receive-- (A) compensation (other than reimbursement or allowance for expenses actually incurred); or (B) any other thing of value in lieu of compensation, in excess of $300 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer. SEC. 6. EFFECTIVE DATE. Section 4 applies to any claim for harm caused by an act or omission of a volunteer filed on or after the date of enactment of this Act, without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such date of enactment.

Volunteer Protection Act of 1997 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity, provided harm was not caused by willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed, by the volunteer. Sets forth exceptions and conditions that a State may impose on the granting of such immunity.

Volunteer Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Health Care Access Protection Act of 2010''. SEC. 2. PROTECTING ACCESS TO MEDICARE HOME HEALTH SERVICES. Section 1895(b)(3)(B) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(B)), as amended by section 3401(e) of the Patient Protection and Affordable Care Act, is amended-- (1) in clause (iv), by striking ``Insofar as'' and inserting ``Subject to clause (vii), insofar as''; and (2) by adding at the end the following new clause: ``(vii) Special rules for case mix changes for 2011 and later.-- ``(I) In general.--The adjustment under clause (iv) shall only be made for years beginning with 2011 using standards developed by the Secretary consistent with the processes described in subclause (II) taking into account the criteria described in subclause (III). ``(II) Processes and criteria for evaluating changes in case mix.--For purposes of subclause (I), the processes described in this subclause are the following: ``(aa) In developing standards referred to in such subclause, the Secretary shall convene a Technical Advisory Group consisting of stakeholders, including individuals and organizations representing the interests of Medicare beneficiaries, the home health community, health care academia, and health care professionals, in equal numbers from each and limited to parties without an existing contractual relationship with the Secretary, to advise the Secretary concerning the establishment of such standards in order to distinguish between real changes in case mix and changes in coding or classification of different units of services that do not reflect real changes in case mix. The Technical Advisory Group shall be given the opportunity to review and comment on any proposed rulemaking or final determination by the Secretary on such standards prior to such rulemaking or determination. ``(bb) If the Secretary engages an outside contractor to participate in the evaluation of case mix changes described in item (aa), the Secretary shall only utilize a contractor that has not previously participated in the design and establishment of the case mix adjustment factors under this subparagraph. ``(cc) If the Secretary determines that any increase in case mix relates to changes in the volume or nature of services provided to home health services patients, the Secretary shall evaluate such increase through actual review of claims and services and shall not use any proxy or surrogate for determining whether the change in volume or nature of services is reasonable and necessary. ``(dd) The Secretary shall establish the standards referred to in item (aa) by regulation. ``(ee) With respect to establishment of such standards, the Secretary shall make public all data, reports, and supporting materials, including any comments by the Technical Advisory Group pursuant to item (aa), regarding the standards at the time of notice of such standards. ``(III) Criteria.--The criteria described in this subclause are the following: ``(aa) The impact of changes in the program under this title that may affect the characteristics of individuals receiving home health services. ``(bb) The impact of changes in the provision of health care services by providers of services other than home health agencies. ``(cc) Distinctions in the characteristics of individuals initiating home health services from the community and institutional care settings. ``(dd) Whether any changes in coding resulted in a change in expenditures overall annually and disregarding changes in coding that do not have an overall expenditure impact. ``(ee) Any other factors determined appropriate by the Secretary in consultation with the Technical Advisory Group under subclause (II)(aa).''.

Home Health Care Access Protection Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Patient Protection and Affordable Care Act, with respect to the prospective payment system (PPS) for home health services and adjustments to it for case mix changes. Requires for years beginning with 2011 that any evaluation of case mix changes and any such adjustment be made using standards developed consistent with specified processes, taking certain criteria into account. Directs the Secretary to convene a Technical Advisory Group to advise on the development of such standards.

To amend title XVIII of the Social Security Act to protect Medicare beneficiaries' access to home health services under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Fair and Equal House Voting Rights Act of 2006''. SEC. 2. FINDINGS. Congress finds as follows: (1) Over half a million people living in the District of Columbia, the capital of our democratic Nation, lack direct voting representation in the United States Senate and House of Representatives. (2) District of Columbia residents have fought and died to defend our democracy in every war since the War of Independence. (3) District of Columbia residents pay billions of dollars in Federal taxes each year. (4) Our Nation is founded on the principles of ``one person, one vote'' and ``government by the consent of the governed''. SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT. (a) In General.--Notwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives. (b) Conforming Amendments Relating to Apportionment of Members of House of Representatives.-- (1) Inclusion of single district of columbia member in reapportionment of members among states.--Section 22 of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a), is amended by adding at the end the following new subsection: ``(d) This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State, except that the District of Columbia may not receive more than one Member under any reapportionment of Members.''. (2) Clarification of determination of number of presidential electors on basis of 23rd amendment.--Section 3 of title 3, United States Code, is amended by striking ``come into office;'' and inserting the following: ``come into office (subject to the twenty-third article of amendment to the Constitution of the United States in the case of the District of Columbia);''. (c) Conforming Amendments Regarding Appointments to Service Academies.-- (1) United states military academy.--Section 4342 of title 10, United States Code, is amended-- (A) in subsection (a), by striking paragraph (5); and (B) in subsection (f), by striking ``the District of Columbia,''. (2) United states naval academy.--Such title is amended-- (A) in section 6954(a), by striking paragraph (5); and (B) in section 6958(b), by striking ``the District of Columbia,''. (3) United states air force academy.--Section 9342 of title 10, United States Code, is amended-- (A) in subsection (a), by striking paragraph (5); and (B) in subsection (f), by striking ``the District of Columbia,''. (d) Effective Date.--This section and the amendments made by this section shall apply with respect to the One Hundred Tenth Congress and each succeeding Congress. SEC. 4. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES. (a) Permanent Increase in Number of Members.--Effective with respect to the One Hundred Tenth Congress and each succeeding Congress, the House of Representatives shall be composed of 437 Members, including any Members representing the District of Columbia pursuant to section 3(a). (b) Reapportionment of Members Resulting From Increase.-- (1) In general.--Section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the then existing number of Representatives'' and inserting ``the number of Representatives established with respect to the One Hundred Tenth Congress''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2010 and each subsequent regular decennial census. (c) Special Rules For Period Prior to 2012 Reapportionment.-- (1) Transmittal of revised statement of apportionment by president.--Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account this Act and the amendments made by this Act. (2) Report by clerk.--Not later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall send to the executive of each State a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report to the Speaker of the House of Representatives identifying the State (other than the District of Columbia) which is entitled to one additional Representative pursuant to this section. (3) Requirements for election of additional member.--During the period beginning with the first day of the One Hundred Tenth Congress and ending with the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010-- (A) notwithstanding the Act entitled ``An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting'', approved December 14, 1967 (2 U.S.C. 2c), the additional Representative to which the State identified by the Clerk of the House of Representatives in the report submitted under paragraph (2) is entitled shall be elected from the State at large; and (B) the other Representatives to which such State is entitled shall be elected on the basis of the Congressional districts in effect in the State for the One Hundred Ninth Congress. SEC. 5. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE. (a) In General.--Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (b) Conforming Amendments to District of Columbia Elections Code of 1955.--The District of Columbia Elections Code of 1955 is amended as follows: (1) In section 1 (sec. 1-1001.01, D.C. Official Code), by striking ``the Delegate to the House of Representatives,'' and inserting ``the Representative in the Congress,'' . (2) In section 2 (sec. 1-1001.02, D.C. Official Code)-- (A) by striking paragraph (6); and (B) in paragraph (13), by striking ``the Delegate to Congress for the District of Columbia,'' and inserting ``the Representative in the Congress,''. (3) In section 8 (sec. 1-1001.08, D.C. Official Code)-- (A) in the heading, by striking ``Delegate'' and inserting ``Representative''; and (B) by striking ``Delegate,'' each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting ``Representative in the Congress,''. (4) In section 10 (sec. 1-1001.10, D.C. Official Code)-- (A) in subsection (a)(3)(A)-- (i) by striking ``or section 206(d) of the District of Columbia Delegate Act'', and (ii) by striking ``the office of Delegate to the House of Representatives'' and inserting ``the office of Representative in the Congress''; (B) in subsection (d)(1), by striking ``Delegate,'' each place it appears; and (C) in subsection (d)(2)-- (i) by striking ``(A) In the event'' and all that follows through ``term of office,'' and inserting ``In the event that a vacancy occurs in the office of Representative in the Congress before May 1 of the last year of the Representative's term of office,'' and (ii) by striking subparagraph (B). (5) In section 11(a)(2) (sec. 1-1001.11(a)(2), D.C. Official Code), by striking ``Delegate to the House of Representatives,'' and inserting ``Representative in the Congress,''. (6) In section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by striking ``Delegate,'' and inserting ``Representative in the Congress,''. (7) In section 17(a) (sec. 1-1001.17(a), D.C. Official Code), by striking ``the Delegate to the Congress from the District of Columbia'' and inserting ``the Representative in the Congress''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections occurring during 2006 and any succeeding year. SEC. 6. REPEAL OF OFFICE OF STATEHOOD REPRESENTATIVE. (a) In General.--Section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979 (sec. 1-123, D.C. Official Code) is amended as follows: (1) By striking ``offices of Senator and Representative'' each place it appears in subsection (d) and inserting ``office of Senator''. (2) In subsection (d)(2)-- (A) by striking ``a Representative or''; (B) by striking ``the Representative or''; and (C) by striking ``Representative shall be elected for a 2-year term and each''. (3) In subsection (d)(3)(A), by striking ``and 1 United States Representative''. (4) By striking ``Representative or'' each place it appears in subsections (e), (f), (g), and (h). (5) By striking ``Representative's or'' each place it appears in subsections (g) and (h). (b) Conforming Amendments.-- (1) Statehood commission.--Section 6 of such Initiative (sec. 1-125, D.C. Official Code) is amended-- (A) in subsection (a)-- (i) by striking ``27 voting members'' and inserting ``26 voting members''; (ii) by adding ``and'' at the end of paragraph (5); and (iii) by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and (B) in subsection (a-1)(1), by striking subparagraph (H). (2) Authorization of appropriations.--Section 8 of such Initiative (sec. 1-127, D.C. Official Code) is amended by striking ``and House''. (3) Application of honoraria limitations.--Section 4 of D.C. Law 8-135 (sec. 1-131, D.C. Official Code) is amended by striking ``or Representative'' each place it appears. (4) Application of campaign finance laws.--Section 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1- 135, D.C. Official Code) is amended by striking ``and United States Representative''. (5) District of columbia elections code of 1955.--The District of Columbia Elections Code of 1955 is amended-- (A) in section 2(13) (sec. 1-1001.02(13), D.C. Official Code), by striking ``United States Senator and Representative,'' and inserting ``United States Senator,''; and (B) in section 10(d) (sec. 1-1001.10(d)(3), D.C. Official Code), by striking ``United States Representative or''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections occurring during 2006 and any succeeding year. SEC. 7. NONSEVERABILITY OF PROVISIONS. If any provision of this Act or any amendment made by this Act is held invalid, the remaining provisions of this Act or any amendment made by this Act shall be treated as invalid.

District of Columbia Fair and Equal House Voting Rights Act of 2006 - (Sec. 3) Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives. Applies to the District in the same manner as it applies to a state the federal law providing for the fifteenth and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members. Modifies the formula regarding the number of presidential electors to subject it to the Twenty-Third amendment to the Constitution in the case of the District. Makes conforming amendments to federal law regarding the Armed Forces (appointments to service academies). (Sec. 4) Increases membership of the House from 435 to 437 Members beginning with the 110th Congress and each succeeding Congress. Provides for a reapportionment of Members resulting from such increase. Prescribes a procedure for identifying the additional Representative to which a state other than the District of Columbia shall be entitled under this Act. Requires election at large of such additional Representative. Makes conforming amendments to the District of Columbia Elections Code of 1955. (Sec. 5) Repeals provisions of: (1) the District of Columbia Delegate Act establishing the office of District of Columbia Delegate to the House; and (2) the District of Columbia Statehood Constitution Convention Initiative of 1979 providing for electing a Senator and Representative for the District.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education, Achievement, and Opportunity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our Nation's school network. (2) The public school system was created to serve students, not the other way around. Children should have the opportunity to attend the school system that is most conducive to developing their abilities, and parents have the right to choose the public or private school that best meets their child's individual needs. SEC. 3. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES. (a) In General.--Subpart C 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 36C the following new section: ``SEC. 36D. ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(2) Amount per child.--The amount of credit allowable under paragraph (1) for any taxable year with respect to the qualified education expenses of each qualifying child of the taxpayer shall not exceed-- ``(A) $2,500 for a child enrolled in an elementary school for any portion of the taxable year, and ``(B) $3,500 for a child enrolled in a secondary school for any portion of the taxable year. In any taxable year in which a child meets the requirements of both subparagraphs (A) and (B), the amount of credit allowable shall not exceed the sum of the amounts in such subparagraphs. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Marital status.--Marital status shall be determined under section 7703. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning provided by section 24(c). ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, ``(ii) computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution, ``(iii) academic tutoring (by a person other than the taxpayer), ``(iv) special needs services for qualifying children with disabilities (within the meaning of the Americans With Disabilities Act of 1990), ``(v) fees for transportation services to and from a private school, if the transportation is provided by the school and the school charges a fee for the transportation, and ``(vi) academic testing services. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(3) Qualified educational institution.--The term `qualified educational institution' means-- ``(A) an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), or ``(B) any private, parochial, or religious school organized for the purpose of providing elementary or secondary education, or both. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(3)) of such individual for such taxable year.''. (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36D,'' after ``36C,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36D. Elementary and secondary education expenses.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Education, Achievement, and Opportunity Act - Amends the Internal Revenue Code to allow a refundable tax credit for the qualified education expenses of children attending a public, private, parochial, or religious school providing elementary or secondary education. Defines "qualified education expenses" as amounts paid for tuition and fees, computers, educational software, computer support services, required books, academic tutoring, special needs services for children with disabilities, transportation fees, and academic testing services. Limits the annual amount of such credit to $2,500 for a child enrolled in an elementary school and $3,500 for a child enrolled in a secondary school, and reduces such credit for taxpayers whose modified adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return).

To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Subsidized Stafford Loan Reduced Interest Rate Extension Act of 2012''. TITLE I--EXTENSION OF REDUCED INTEREST RATE SEC. 101. INTEREST RATE EXTENSION. Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)(7)(D)) is amended-- (1) in the matter preceding clause (i), by striking ``and before July 1, 2012,'' and inserting ``and before July 1, 2013,''; and (2) in clause (v), by striking ``and before July 1, 2012,'' and inserting ``and before July 1, 2013,''. TITLE II--IMPROPER PAYMENTS ELIMINATION AND RECOVERY IMPROVEMENT SEC. 201. SHORT TITLE. This title may be cited as the ``Improper Payments Elimination and Recovery Improvement Act of 2012''. SEC. 202. DEFINITION. In this title, the term ``agency'' means an executive agency defined under section 105 of title 5, United States Code. SEC. 203. IMPROVING THE DETERMINATION OF IMPROPER PAYMENTS BY FEDERAL AGENCIES. (a) In General.--The Director of the Office of Management and Budget shall on an annual basis-- (1) identify a list of high-priority Federal programs for greater levels of oversight and review-- (A) in which the highest dollar value or majority of governmentwide improper payments occur; or (B) for which there is a higher risk of improper payments; (2) in coordination with the agency responsible for administering the high-priority program-- (A) establish semi-annual or quarterly targets and actions for reducing improper payments associated with each high-priority program; or (B) if such targets are in effect on the date of enactment of this Act, establish supplemental targets; and (3) determine the entities that have received the greatest amount of improper payments (or, if improper payments are identified solely on the basis of a sample, the entities that have received the greatest amount of improper payments in the applicable sample). (b) Report on High-Dollar Improper Payments.-- (1) In general.--Subject to Federal privacy policies and to the extent permitted by law, each agency on a quarterly basis shall submit to the Inspector General of that agency, and make available to the public (including availability through the Internet), a report on any high-dollar improper payments identified by the agency. (2) Contents.--Each report under this subsection-- (A) shall describe-- (i) any action the agency-- (I) has taken or plans to take to recover improper payments; and (II) intends to take to prevent future improper payments; and (B) shall not include any referrals the agency made or anticipates making to the Department of Justice, or any information provided in connection with such referrals. (3) Availability of information to inspector general.-- Paragraph (2)(B) shall not prohibit any referral or information being made available to an Inspector General as otherwise provided by law. (4) Assessment.--After the review of each report under this subsection, the Inspector General shall-- (A) assess the level of risk associated with the applicable program and the quality of the improper payment estimates and methodology of the agency; (B) determine the extent of additional oversight or financial controls warranted to identify and prevent improper payments; and (C) provide the head of the agency with any recommendations, for modifying any plans of the agency, including improvements for improper payments determination and estimation methodology. (c) Improved Estimates.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall provide guidance to agencies for improving the estimates of improper payments under the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note). (2) Guidance.--Guidance under this subsection shall-- (A) strengthen the estimation process of agencies by reviewing the underlying validity of payments to ensure amounts being billed are proper; and (B) include-- (i) access to more complete data as part of reviews; (ii) ending reliance on self-reporting of improper payments as a replacement for estimates, and relying on the development of a robust process to estimate and identify improper payments across the agency; (iii) all overpayments in the improper payments estimate, regardless of whether improperly paid funds have been or are being recovered; (iv) ensuring that-- (I) the review of payments to employees shall include analysis of employee data, including pay grade data, locality pay, and other factors that affect pay; and (II) reviews address high-risk or high-dollar personnel payments, including travel, pay, and purchase cards; (v) reassessing high-risk programs to better reflect the unique processes, procedures, and risks of improper payments, including assessments for each program to reflect different risk components and better direct corrective actions; and (vi) confirming that inter-agency transfers are proper using a methodology comparable to that used to assess program level improper payments. SEC. 204. IMPROPER PAYMENTS INFORMATION. Section 2(a)(3)(A)(ii) of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note) is amended by striking ``with respect to fiscal years following September 30th of a fiscal year beginning before fiscal year 2013 as determined by the Office of Management and Budget'' and inserting ``with respect to fiscal year 2014 and each fiscal year thereafter''. SEC. 205. DO NOT PAY INITIATIVE. (a) Prepayment and Preaward Procedures.-- (1) In general.--Each agency shall review prepayment and preaward procedures and ensure that a thorough review of available databases with relevant information on eligibility occurs to determine program or award eligibility and prevent improper payments before the release of any Federal funds, to the extent permitted by law. (2) Databases.--At a minimum, each agency shall, before payment and award, check the following databases (if applicable and permitted by law) to verify eligibility: (A) The Death Master File of the Social Security Administration. (B) The General Services Administration's Excluded Parties List System. (C) The Debt Check Database of the Department of the Treasury. (D) The Credit Alert System or Credit Alert Interactive Voice Response System of the Department of Housing and Urban Development. (E) The List of Excluded Individuals/Entities of the Office of Inspector General of the Department of Health and Human Services. (b) Do Not Pay List.-- (1) Establishment.--There is established the Do Not Pay List which shall consist of-- (A) the databases described under subsection (a)(2); and (B) any other database designated by the Director of the Office of Management and Budget in consultation with agencies. (2) Other databases.--In making designations of other databases under paragraph (1)(B), the Director of the Office of Management and Budget shall consider-- (A) any database that assists in preventing improper payments; and (B) the database of incarcerated individuals established under subsection (f). (3) Access and review by agencies.--For purposes of identifying and preventing improper payment, each agency shall have access to, and use of, the Do Not Pay List to determine payment or award eligibility when the Director of the Office of Management and Budget determines the Do Not Pay List is appropriately established for the agency. (4) Payment otherwise required.--When using the Do Not Pay List, an agency shall recognize that there may be circumstances under which the law requires a payment or award to be made to a recipient, regardless of whether that recipient is on the Do Not Pay List. (c) Database Integration Plan.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall provide to the Congress a plan for-- (1) inclusion of other databases on the Do Not Pay List; (2) to the extent permitted by law, agency access to the Do Not Pay List; and (3) the multilateral data use agreements described under subsection (e). (d) Initial Working System.-- (1) Establishment.--Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall establish a working system for prepayment and preaward review that includes the Do Not Pay List as described under this section. (2) Initial system.--The working system established under paragraph (1)-- (A) may be located within an appropriate agency; (B) shall include not less than 3 agencies; (C) shall include fraud and improper payments detection through predictive modeling and other analytic technologies and other techniques; and (D) may provide for the use of commercial database sources, commercial analysis, and other functionality for payment or award reviews, as determined appropriate by the Director of the Office of Management and Budget for verifying Federal data. (3) Application to all agencies.--Not later than January 1, 2013, each agency shall review all payments and awards for all programs of that agency through the system established under this subsection. (e) Multilateral Data Use Agreements.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall develop a plan to establish a multilateral data use agreement authority to carry out this section, including access to databases such as the New Hire Database under section 453(j) of the Social Security Act (42 U.S.C. 653(j)). (2) General protocols and security.-- (A) In general.--The multilateral data use agreements shall be consistent with protocols to ensure the secure transfer and storage of any data provided to another entity or individual-- (i) under the provisions of, or amendments made by, this section; and (ii) consistent with applicable information, privacy, security, and disclosure laws, including-- (I) the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 552a of title 5, United States Code; and (II) subject to any information systems security requirements under such laws or otherwise required by the Director of the Office of Management and Budget. (B) Consultation.--The Director of the Office of Management and Budget shall consult with-- (i) the Council of Inspectors General on Integrity and Efficiency before implementing this paragraph; and (ii) the Secretary of Health and Human Services, the Social Security Administrator, and the head of any other agency, as appropriate. (f) Development and Access to a Database of Incarcerated Individuals.-- (1) In general.--The Attorney General shall develop and maintain a database of individuals incarcerated at Federal and State facilities. (2) Availability and update.--The database developed under this subsection shall be-- (A) available to agencies to carry out this section and prevent waste, fraud, and abuse; and (B) updated no less frequently than on a weekly basis. (g) Plan To Improve the Social Security Administration Death Master File.-- (1) Establishment.--In conjunction with the Commissioner of Social Security and in consultation with stakeholders and the States, the Director of the Office of Management and Budget, shall establish a plan for improving the quality and timeliness of death data maintained by the Social Security Administration, including death information reported to the Commissioner under section 205(r) of the Social Security Act (42 U.5.C. 405(r)). (2) Actions under plan.--The plan established under this subsection shall include actions agencies are required to take to-- (A) increase the quality and frequency of access; (B) achieve a goal of at least daily access as appropriate; and (C) provide for all States to use modern, electronic means for providing data. (3) Report.--Not later than 120 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit a report to Congress on the plan established under this subsection, including recommended legislation. SEC. 206. IMPROVING RECOVERY OF IMPROPER PAYMENTS. (a) In General.--The Director of the Office of Management and Budget shall determine-- (1) current and historical rates and amounts of recovery of improper payments (or, in cases in which improper payments are identified solely on the basis of a sample, recovery rates and amounts estimated on the basis of the applicable sample), including specific information of amounts and payments recovered by recovery audit contractors; and (2) targets for recovering improper payments, including specific information on amounts and payments recovered by recovery audit contractors. (b) Recovery Audit Contractor Programs.-- (1) Establishment.--Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall establish a plan for no less than 10 Recovery Audit Contracting programs for the purpose of identifying and recovering overpayments and underpayments in 10 agencies. (2) Review of commercial payments.--Of the programs established under this subsection, 5 programs shall review commercial payments by an agency. (3) Duration.--Any program established under this subsection shall terminate not more than 3 years after the date on which the program is established. (4) Reports.-- (A) In general.--Not later than 3 months after the completion of a program, the head of the agency conducting the program shall submit a report on the program to Congress. (B) Contents.--Each report under this paragraph shall include-- (i) a description of the impact of the program on savings and recoveries; and (ii) such recommendations as the head of the agency considers appropriate on extending or expanding the program.

Subsidized Stafford Loan Reduced Interest Rate Extension Act of 2012 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to make the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2012, applicable to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013. Improper Payments Elimination and Recovery Improvement Act of 2012 - Requires the Director of the Office of Management and Budget (OMB) to: (1) identify, on an annual basis, a list of high-priority federal programs for greater levels of oversight and review of improper payments; (2) coordinate with agencies responsible for administering high-priority programs to establish semi-annual or quarterly targets and actions for reducing improper payments; and (3) provide guidance to agencies for improving estimates of improper payments. Requires federal agencies to: (1) make quarterly reports to their Inspectors General on any high-dollar improper payments identified by such agencies, and (2) review prepayment and preaward procedures and available databases to determine program or award eligibility and prevent improper payments before releasing any federal funds. Establishes a Do Not Pay List based on information from databases maintained by the federal government, including the database of the Social Security Administration (SSA) reporting deaths of Social Security recipients. Requires the Director to: (1) determine the current and historical rates and amounts of recovery of improper payments and targets for recovering improper payments, and (2) establish a plan for at least 10 Recovery Audit Contracting programs to identify and recover overpayments and underpayments in 10 agencies.

A bill to amend the Higher Education Act of 1965 to extend the reduced interest rate for Federal Direct Stafford Loans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Cyber Sanctions Act of 2016''. SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO IRANIAN PERSONS RESPONSIBLE FOR KNOWINGLY ENGAGING IN SIGNIFICANT ACTIVITIES UNDERMINING CYBERSECURITY. (a) Cybersecurity Report Required.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, and not less frequently than once every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that describes significant activities undermining cybersecurity conducted by Iranian persons against the Government of the United States or any United States person. (2) Information.--The report required under paragraph (1) shall include the following: (A) The identity of Iranian persons that have knowingly engaged in, directed, or provided material support for significant activities undermining cybersecurity described in paragraph (1). (B) A description of the conduct engaged in by each Iranian person identified under subparagraph (A). (C) An assessment of the extent to which the Government of Iran or another foreign government has provided material support in the conduct of significant activities undermining cybersecurity described in paragraph (1). (D) A strategy to counter efforts by Iranian persons to conduct significant activities undermining cybersecurity described in paragraph (1), including efforts to engage foreign governments to halt the capability of Iranian persons to conduct those activities. (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex. (b) Designation of Persons.-- (1) In general.--Except as provided in paragraph (2), the President shall include on the specially designated nationals and blocked persons list maintained by the Office of Foreign Assets Control of the Department of the Treasury-- (A) any Iranian person identified under subsection (a)(2)(A); and (B) any Iranian person for which the Department of Justice has issued an indictment in connection with significant activities undermining cybersecurity against the Government of the United States or any United States person. (2) Exception.--The President is not required to include a person described in paragraph (1)(B) on the specially designated nationals and blocked persons list maintained by the Office of Foreign Assets Control of the Department of the Treasury if the President submits to the appropriate congressional committees an explanation of the reasons for not including that person on that list. (c) Presidential Briefings to Congress.--Not later than 180 days after the date of the enactment of this Act, and periodically thereafter, the President shall provide a briefing to the appropriate congressional committees on efforts to implement this section. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives. (2) Iranian person.--The term ``Iranian person'' means-- (A) an individual who is a citizen or national of Iran; and (B) an entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran. (3) Significant activities undermining cybersecurity.--The term ``significant activities undermining cybersecurity'' includes-- (A) significant efforts to-- (i) deny access to or degrade, disrupt, or destroy an information and communications technology system or network; or (ii) exfiltrate information from such a system or network without authorization; (B) significant destructive malware attacks; (C) significant denial of service activities; and (D) such other significant activities as may be described in regulations prescribed to implement this section. (4) United states person.--The term ``United States person'' means-- (A) an individual who is a citizen of the United States or an alien lawfully admitted for permanent residence to the United States; and (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

Iran Cyber Sanctions Act of 2016 This bill requires the President to report to Congress at least every 180 days regarding significant activities undermining cybersecurity conducted by Iranian persons against the United States or U.S. persons. The reports must: (1) identify Iranians involved in such activities; (2) describe their conduct; (3) assess the Iranian government's or other foreign governments' material support for such activities; and (4) provide a strategy to counter efforts by Iranian persons to conduct such activities, which shall include engaging foreign governments to halt the capabilities of such Iranian persons. The President must include on the Office of Foreign Assets Control's specially designated nationals and blocked persons list (which identifies individuals and entities whose assets within the United States are blocked from being accessed and with whom U.S. persons are prohibited from engaging in transactions) Iranian persons who are: (1) identified in such reports; or (2) indicted by the Department of Justice in connection with such activities undermining U.S. cybersecurity, unless the President submits an explanation for excluding such a person from that list.

Iran Cyber Sanctions Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Municipal Bond Market Support Act of 2009''. SEC. 2. MODIFICATION OF SMALL ISSUER EXCEPTION TO TAX-EXEMPT INTEREST EXPENSE ALLOCATION RULES FOR FINANCIAL INSTITUTIONS. (a) Increase in Limitation.--Subparagraphs (C)(i), (D)(i), and (D)(iii)(II) of section 265(b)(3) of the Internal Revenue Code of 1986 are each amended by striking ``$10,000,000'' and inserting ``$30,000,000''. (b) Repeal of Aggregation Rules Applicable to Small Issuer Determination.--Paragraph (3) of section 265(b) of such Code is amended by striking subparagraphs (E) and (F). (c) Election To Apply Limitation at Borrower Level.--Paragraph (3) of section 265(b) of such Code, as amended by subsection (b), is amended by adding at the end the following new subparagraph: ``(E) Election to apply limitation on amount of obligations at borrower level.-- ``(i) In general.--An issuer, the proceeds of the obligations of which are to be used to make or finance eligible loans, may elect to apply subparagraphs (C) and (D) by treating each borrower as the issuer of a separate issue. ``(ii) Eligible loan.--For purposes of this subparagraph-- ``(I) In general.--The term `eligible loan' means one or more loans to a qualified borrower the proceeds of which are used by the borrower and the outstanding balance of which in the aggregate does not exceed $30,000,000. ``(II) Qualified borrower.--The term `qualified borrower' means a borrower which is an organization described in section 501(c)(3) and exempt from taxation under section 501(a) or a State or political subdivision thereof. ``(iii) Manner of election.--The election described in clause (i) may be made by an issuer for any calendar year at any time prior to its first issuance during such year of obligations the proceeds of which will be used to make or finance one or more eligible loans.''. (d) Inflation Adjustment.--Paragraph (3) of section 265(b) of such Code, as amended by subsections (b) and (c), is amended by adding at the end the following new subparagraph: ``(F) Inflation adjustment.--In the case of any calendar year after 2009, the $30,000,000 amounts contained in subparagraphs (C)(i), (D)(i), (D)(iii)(II), and (E)(ii)(I) shall each 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 such calendar year, determined by substituting `calendar year 2008' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100,000.''. (e) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2008. SEC. 3. DE MINIMIS SAFE HARBOR EXCEPTION FOR TAX-EXEMPT INTEREST EXPENSE OF FINANCIAL INSTITUTIONS AND BROKERS. (a) Financial Institutions.--Subsection (b) of section 265 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) De minimis exception for bonds issued during 2009 or 2010.-- ``(A) In general.--In applying paragraph (2)(A) there shall not be taken into account tax-exempt obligations issued during 2009 or 2010 (and paragraph (3)(A) shall be applied without regard to section 291(e)(1)(b) with respect to such obligations). ``(B) Limitation.--The amount of tax-exempt obligations not taken into account by reason of subparagraph (A) shall not exceed 2 percent of the amount determined under paragraph (2)(B).''. (b) Brokers.--Subsection (a) of section 265 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) De minimis exception for bonds issued during 2009 or 2010.-- ``(A) In general.--In applying paragraph (2) to any broker (as defined in section 6045(c)(1)) there shall not be taken into account tax-exempt obligations issued during 2009 or 2010 (and paragraph (3)(A) shall be applied without regard to section 291(e)(1)(b) with respect to such obligations). ``(B) Limitation.--The amount of tax-exempt obligations not taken into account by reason of subparagraph (A) shall not exceed 2 percent of the taxpayer's assets.''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2008.

Municipal Bond Market Support Act of 2009 - Amends Internal Revenue Code provisions relating to the small issuer exemption from interest expense allocation rules for financial institutions to: (1) increase from $10 to $30 million the annual limit on small issuers of tax-exempt municipal bonds; (2) allow an inflation adjustment to such increased limit amount after 2009; (3) repeal aggregation rules relating to the determination of small issuer eligibility; (4) allow small issuers an election to treat borrowers separately for purposes of issuance limitations; and (5) allow in 2009 or 2010 financial institutions and brokers to hold up to 2% of their assets in tax-exempt securities without affecting their interest expense tax deduction.

A bill to amend the Internal Revenue Code of 1986 to modify the limitations on the deduction of interest by financial institutions which hold tax-exempt bonds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Science Foundation Authorization Act of 1995.''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Director'' means the Director of the Foundation; (2) the term ``Foundation'' means the National Science Foundation; and (3) the term ``United States'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. TITLE I--NATIONAL SCIENCE FOUNDATION AUTHORIZATION SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (a) Findings.--The Congress finds that-- (1) the programs of the Foundation are important for the Nation to strengthen basic research and develop human resources in science and engineering and that those programs should be funded at an adequate level; (2) the primary mission of the Foundation continues to be the support of basic scientific research and science education and the support of research fundamental to the engineering process and engineering education; (3) the Foundation's efforts to contribute to the economic competitiveness of the United States should be in accord with that primary mission; and (4) it is in the national interest that all states and regions of the country, including the Nation's rural and sparsely populated states and regions, be encouraged to contribute and participate in the federal science and technology enterprise. (b) Authorizations.--For each of fiscal years 1996, 1997, and 1998, there are authorized to be appropriated to the Foundation the following amounts for the accounts listed: (1) Research and Related Activities, $2,294,000,000 (of which $19,000,000 are authorized to be used for joint activities between the Foundation's research directorates and the Experimental Program to Stimulate Competitive Research, including the pilot program authorized by section 102 of this Act). (2) Education and Human Resources Activities, $599,000,000 (of which $37,000,000 are authorized to be used for the Experimental Program to Stimulate Competitive Research). (3) Major Research Equipment, $70,000,000. (4) Academic Research Facilities Modernization, $100,000,000. (5) Salaries and Expenses, $127,310,000. (6) Office of Inspector General, $4,500,000. (7) Headquarters Relocation, $5,200,000. SEC. 102. PILOT PROGRAM TO ENCOURAGE PARTNERSHIPS FOR RESEARCH. (a) In General.--For each of fiscal years 1996, 1997, and 1998, there are authorized $10 million for the initiation of a pilot program at the Foundation to fund grants for science research and outreach proposals submitted by consortia of research institutions led by institutions from states eligible to compete in the Foundation's existing Experimental Program to Stimulate Competitive Research (EPSCoR). The program shall be aimed at encouraging EPSCoR institutions to enter into consortia with non-EPSCoR institutions, including private sector institutions, to develop grant proposals to support research, science education, community outreach, technology transfer, and any other activities consistent with the goals and missions of the Foundation. (b) Grants.--The grants shall be awarded by the Foundation to such consortia on a competitive, peer-reviewed basis. In its selection process, the Foundation shall give favorable consideration to proposals involving in-kind or financial contributions from non-federal sources, including state and local governments, consortium members, other research institutions, or industry, but cost-sharing shall not be a required feature of a proposal. In establishing requirements for the grant proposals, the Foundation shall require that the funds granted to a consortium must be administered by a member thereof that is an institution from an EPSCoR State and shall further require that such institution have primary responsibility for the management and oversight of the activities funded by the grant award. (c) Implementation of Program.--The Foundation shall implement the pilot program in a manner that will complement the Foundation's existing EPSCoR program and advance the common goal of both programs to enhance the capability of quality research groups and institutions in rural and sparsely populated States to contribute to the vast federal research enterprise. Projects may be funded for up to three years through grants awarded under this program, with the potential for another two-year extension following the review and approval of the Foundation. At the time of the Foundation's budget submission to Congress for fiscal year 1997, the Foundation shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Labor and Human Resources of the Senate and the Committee on Science of the House of Representatives a strategic plan for the implementation of the pilot program authorized in this section. SEC. 103. SUPPORT FOR COMPUTING ACTIVITIES AT TRIBAL COLLEGES. The Director of the National Science foundation shall design and implement a pilot program to provide financial assistance, through competitive selection processes, to States in which are located 2 or more tribally-controlled community colleges. The objective of the pilot program shall be to establish interactive telecommunications systems among such tribally-controlled community colleges in such States in order to assist the tribal community in education, job training, and other appropriate activities. SEC. 104. CONSULTATION AND REPRESENTATION EXPENSES. From appropriations made under authorizations provided in this Act, not more than $10,000 may be used in each fiscal year for official consultation, representation, or other extraordinary expenses at the discretion of the Director. The determination of the Director shall be final and conclusive upon the accounting officers of the Government. SEC. 105. REPROGRAMMING. (a) $500,000 or Less.--In any given fiscal year, the Director may transfer appropriated funds among the subcategories of Research and Related Activities, so long as the net funds transferred to or from any subcategory do not exceed $500,000. (b) Greater Than $500,000.--The Director may propose transfers to or from any subcategory exceeding $500,000. An explanation of any proposed transfer under this subsection must be transmitted in writing to the Committee on Science of the House of Representatives, and the Committees on Labor and Human Resources and Commerce, Science, and Transportation of the Senate. The proposed transfer may be made only when 30 calendar days have passed after transmission of such written explanation. TITLE II--GENERAL PROVISIONS SEC. 201. ANNUAL REPORT. Section 3(f) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(f)) is amended to read as follows: ``(f) The Foundation shall provide an annual report to the President which shall be submitted by the Director to the Congress at the time of the President's annual budget submission. The report shall-- ``(1) contain a strategic plan, or an update to a previous strategic plan, which-- ``(A) defines for a three-year period the overall goals for the Foundation and specific goals for each major activity of the Foundation, including each scientific directorate, the education directorate, and the polar programs office; and ``(B) describe how the identified goals relate to national needs and will exploit new opportunities in science and technology; ``(2) identify the criteria and describe the procedures which the Foundation will use to assess progress toward achieving the goals identified in accordance with paragraph (1); ``(3) review the activities of the Foundation during the preceding year which have contributed toward achievement of goals identified in accordance with paragraph (1) and summarize planned activities for the coming three years in the context of the identified goals, with particular emphasis on the Foundation's planned contributions to major multi-agency research and education initiatives; ``(4) contain such recommendations as the Foundation considers appropriate; and ``(5) include information on the acquisition and disposition by the Foundation of any patents and patent rights.''. SEC. 202. ADMINISTRATIVE AMENDMENTS. (a) National Science Foundation Act of 1950 Amendments.--The National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is amended-- (1) by redesignating the subsection (k) of section 4 (42 U.S.C. 1863(k)) that was added by section 108 of the National Science Foundation Authorization Act of 1988 as subsection (l); and (2) by striking ``Atomic Energy Commission'' in section 15(a) (42 U.S.C. 1874(a)) and inserting ``Secretary of Energy''. (b) National Science Foundation Authorization Act, 1976 Amendments.--Section 6(a) of the National Science Foundation Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by striking ``social,'' the first place it appears. (c) Technical Amendment.--The second subsection (g) of section 3 of the National Science Foundation Act of 1950 (42 U.S.C. 1862(g)) is repealed. SEC. 203. FINANCIAL DISCLOSURE. Persons temporarily employed by or at the Foundation shall be subject to the same financial disclosure requirements and related sanctions under the Ethics in Government Act of 1978 as are permanent employees of the Foundation in equivalent positions.

TABLE OF CONTENTS: Title I: National Science Foundation Authorization Title II: General Provisions National Science Foundation Authorization Act of 1995 - Title I: National Science Foundation Authorization - Authorizes appropriations to the National Science Foundation (NSF) for FY 1996 through 1998. Authorizes FY 1996 through 1998 appropriations for a NSF pilot grant program to consortia of Experimental Program to Stimulate Competitive Research (EPSCoR) institutions and non-EPSCoR institutions. Requires the Director of NSF to design and implement a pilot program to develop interactive telecommunications systems at tribally-controlled community colleges. Obligates specified funds for consultation and representation expenses. Sets forth certain reprogramming provisions. Title II: General Provisions - Amends the National Science Foundation Act of 1950 to direct NSF to include in its annual report to the President a strategic plan defining its goals, criteria, and procedures. Makes administrative amendments to the National Science Foundation Act of 1950 and the National Science Foundation Authorization Act, 1976. Subjects temporary NSF employees to financial disclosure requirements.

National Science Foundation Authorization Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``High-Quality Education Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds as follows: (1) Tennessee's wide-ranging and research-intensive STAR project began in the mid-1980's when the Tennessee legislature funded an initial 4-year study seeking to compare achievements for early grade students who would be assigned randomly to a standard-sized class, a standard-sized class with a teacher aide, or a class with reduced size. Several new analyses of the Tennessee STAR program show that reducing class size has both immediate and long-term benefits. (2) Research shows that the benefits of participating in small classes increase from year to year, both in the early grades when classes are small and in subsequent years when students are placed in larger classes. (3) Further, follow-up studies of the same students show that high-school students who were in small classes in first through third grades beginning in 1985 were less likely to be held back a year or suspended compared with their peers from larger classes. (4) The students from small classes were found to be making better grades in high school and taking more advanced courses. (5) The State of Wisconsin passed legislation in 1995 to phase in reduction of classes to 15 students in low-wealth schools. A January 2003 study of that program, called SAGE, revealed that average test scores in smaller first grade classes increased 12 to 14 percent more than scores of students in regular classes. (6) Research further shows that at the end of fifth grade, students who were in small classes in first through third grades were about half a school year (5 months) ahead of students from larger classes in all core subjects--reading, language arts, math, and science. (7) In 1999, the Department of Education reported that studies have consistently identified a positive relationship between reduced class size and improved student performance. The National Assessment on Educational Progress, the Economic Policy Institute, RAND, the Educational Testing Service, the American Institute of Research, and many other respected organizations have reached similar conclusions. (8) In smaller classes, teachers spend more time on instruction and less time on discipline problems, reporting that they know their students better, know where each child is in the learning process, and can provide more individualized instruction. (9) Smaller classes lead to better identification of students who need special help, increased student participation and engagement, improved student behavior, and reduced retention of students in the same grade. (10) Outcomes associated with small classes are the foundation of safe schools: improved student behavior and human relations skills, increased participation in schooling and school-sanctioned events, increased sense of community in small classes, and generally improved school climate where students, teachers, and parents feel more comfortable. (b) Purpose.--The purpose of this Act is to assist States to proactively attempt to lower class size in order to provide students and teachers with an educational environment more conducive to optimal student performance. SEC. 3. CLASS SIZE REDUCTION MATCHING GRANT PROGRAM. (a) Grants.--The Secretary of Education may make grants to eligible entities to reduce the size of core curriculum classes in public elementary and secondary schools. (b) Eligible Entity Defined.--In this section, the term ``eligible entity'' means any State, or any local educational agency in a State that is not a grantee under this section, that meets the following: (1) The State or local educational agency has in effect a class size reduction program that-- (A) applies to all public elementary and secondary schools served by the State or local educational agency, respectively; and (B) may be targeted to specific school populations based on need, socioeconomic factors, or school-age population. (2) The State or local educational agency has funding in its annual budget specifically allocated for the program described in paragraph (1). (3) The average core curriculum class size at schools served by the State or local educational agency-- (A) in kindergarten through third grade, is greater than 18 students; (B) in fourth through eighth grade, is greater than 22 students; or (C) in ninth through twelfth grade, is greater than 25 students. (c) Use of Funds.--The Secretary may not make a grant under this section unless the grantee agrees to use the grant for the following: (1) Constructing new classroom space. (2) Hiring additional teachers. (3) Purchasing portable structures to replace administrative offices converted into classroom space. (d) Restrictions.--The Secretary may not make a grant under this section unless the grantee agrees that funds received under the grant will not be used for any of the following: (1) To pay any long-term financing obligations such as bonding. (2) To pay any administrative costs or fees. (e) Priority.--In awarding grants under this section, the Secretary may give priority to eligible entities that serve schools in which-- (1) more than 17 percent of the students older than 4 and younger than 18 years of age are from families with incomes below the poverty line; or (2) the average core curriculum class size is higher, particularly in the primary grades, than the average core curriculum class size at schools served by other grant applicants for the fiscal year. (f) Matching Funds.-- (1) In general.--The Secretary may not make a grant under this section unless the grantee agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward the costs of the activities under the grant in an amount that is not less than $2 for each $1 provided by the Secretary in the grant. (2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (g) Application.-- (1) Submission.--To seek a grant under this section, an eligible entity shall submit an application to the Secretary in such form, in such manner, and containing such information as the Secretary may require. (2) Contents.--An application for a grant under this section shall include the following: (A) Certification of the average core curriculum class size at schools served by the eligible entity for each of the grade ranges that-- (i) are described in subsection (b)(3); and (ii) will be served by the entity's class size reduction program. (B) Certification of the eligible entity's actual and expected expenditures for the entity's class size reduction program for the fiscal year involved. (C) A description of the eligible entity's class size reduction program and the program's goals. (D) A description of how the eligible entity intends to use funds received under the grant. (E) In the case of an eligible entity that has already received a grant under this section, the entity's progress in achieving the goals of its class size reduction program, particularly relative to high poverty areas. (3) Deadline.--The Secretary shall establish a deadline for the submission of applications for a grant under this section. (h) Other Definitions.--In this section: (1) The term ``average core curriculum class size'' means the number that is-- (A) equal to the sum of the number of students in each core curriculum class (including for each school term and period of instruction) divided by the total number of such classes; and (B) is based on the ratio of physical class rooms to students, irrespective of the ratio of teachers to students. (2) The term ``core curriculum class'' means a class in any of the following subjects: (A) Mathematics. (B) Science. (C) Reading, language arts, or English, including English for speakers of other languages. (D) Social studies, including history, civics, political science, government, geography, and economics. (E) Foreign language. (3) The terms ``local educational agency'' and ``poverty line'' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) The term ``Secretary'' means the Secretary of Education. (5) The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any other territory or possession of the United States, and any Indian tribe (as that term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (i) Funding.-- (1) Biannual payments.--The Secretary shall make payments to each grantee under this section on a biannual basis. (2) Limitation.--For any fiscal year, the Secretary may not make a payment to any grantee under this section in an amount that exceeds the lesser of the following: (A) An amount that is 20 percent of the total amount appropriated to carry out this section for the fiscal year. (B) $200,000,000.

High-Quality Education Act of 2003 - Authorizes the Secretary of Education to make matching grants to reduce the size of core curriculum classes in public elementary and secondary schools.

To authorize the Secretary of Education to make grants to reduce the size of core curriculum classes in public elementary and secondary schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Cleanup Enhancement Act of 2005''. SEC. 2. CREDIT TO HOLDERS OF QUALIFIED BROWNFIELDS CLEANUP BONDS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO HOLDERS OF QUALIFIED BROWNFIELDS CLEANUP BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified brownfields cleanup bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified brownfields cleanup bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified brownfields cleanup bond is the product of-- ``(A) the applicable credit rate, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Applicable credit rate.--For purposes of paragraph (1), the applicable credit rate with respect to an issue is the rate equal to an average market yield (as of the day before the date of issuance of the issue) on outstanding long-term corporate debt obligations (determined under regulations prescribed by the Secretary). ``(4) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed. ``(c) Qualified Brownfields Cleanup Bond.--For purposes of this section-- ``(1) In general.--The term `qualified brownfields cleanup bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for the abatement or control of hazardous substances at a qualified contaminated site, ``(B) the bond is issued by a State or local government within the jurisdiction of which such site is located, ``(C) the issuer designates such bond for purposes of this section, and ``(D) the term of each bond which is part of such issue does not exceed 15 years. ``(2) Limitation on amount of bonds designated.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under paragraph (1) by any issuer shall not exceed the limitation amount allocated under paragraph (3) for such calendar year to such issuer. ``(3) National limitation on amount of bonds designated.-- There is a national qualified brownfields cleanup bond limitation for each calendar year. Such limitation is-- ``(A) $100,000,000 for 2006, ``(B) $150,000,000 for 2007, and ``(C) zero for calendar years thereafter. ``(4) Allocation of limitation among states.--The limitation applicable under paragraph (3) for any calendar year shall be allocated among the States by the Secretary of the Treasury. ``(5) Carryover of unused limitation.--If for any calendar year-- ``(A) the amount allocated under paragraph (4) to any State, exceeds ``(B) the amount of bonds issued during such year which are designated under paragraph (1) pursuant to such allocation, the limitation amount under paragraph (4) for such State for the following calendar year shall be increased by the amount of such excess. ``(6) Bond to be paid back from any tax revenue increase.-- A bond shall not be treated as a qualified brownfields cleanup bond unless any increase in real property tax revenues (attributable to increases in assessed value) by reason of the carrying out of the purposes described in paragraph (1)(A) is reserved exclusively for debt service on the issue referred to in paragraph (1) (and similar issues) to the extent such increase does not exceed such debt service. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--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 part IV of subchapter A (other than subpart C thereof, relating to refundable credits). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) 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 taxable year. ``(e) Other Definitions.--For purposes of this section-- ``(1) Credit allowance date.--The term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term includes the last day on which the bond is outstanding. ``(2) Bond.--The term `bond' includes any obligation. ``(3) State.--The term `State' includes the District of Columbia and any possession of the United States. ``(4) Qualified contaminated site.--The term `qualified contaminated site' means a brownfield site designated by the Administrator of the Environmental Protection Agency. ``(5) Hazardous substance.--The term `hazardous substance' has the meaning provided by section 198(d). ``(f) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (d)) and the amount so included shall be treated as interest income. ``(g) Bonds Held by Regulated Investment Companies.--If any qualified brownfields cleanup bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(h) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified brownfields cleanup bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified brownfields cleanup bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(i) Treatment for Estimated Tax Purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified brownfields cleanup bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(j) Credit May Be Transferred.--Nothing in any law or rule of law shall be construed to limit the transferability of the credit allowed by this section through sale and repurchase agreements. ``(k) Reporting.--Issuers of qualified brownfields cleanup bonds shall submit reports similar to the reports required under section 149(e).'' (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on qualified brownfields cleanup bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 30B(f) and such amounts shall be treated as paid on the credit allowance date (as defined in section 30B(e)(1)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.'' (c) Conforming Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``30B. Credit to holders of qualified public brownfields cleanup bonds.'' (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2005.

Brownfield Cleanup Enhancement Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for investment in qualified brownfields cleanup bonds. Defines "qualified brownfields cleanup bonds" as 15-year State or local government bonds 95 percent of the proceeds of which are used for the abatement or control of hazardous substances at a site designated as contaminated by the Administrator of the Environmental Protection Agency (EPA). Limits the amount of such credit to 25 percent of the annual credit determined for such bonds (i.e., applicable credit rate times the outstanding face amount of such bonds). Establishes national limits on the amount of qualified brownfields cleanup bonds that may be issued in 2006 and 2007. Terminates the authority for issuance of such bonds after 2007.

To amend the Internal Revenue Code of 1986 to expand the incentives for the environmental cleanup of certain contaminated industrial sites designated as brownfields.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmington Wild and Scenic River Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Public Law 99-590 authorized the study of 2 segments of the West Branch of the Farmington River, including an 11-mile headwater segment in Massachusetts and the uppermost 14-mile segment in Connecticut, for potential inclusion in the National Wild and Scenic Rivers System, and created the Farmington River Study Committee, consisting of representatives from the 2 States, the towns bordering the 2 segments, and other river interests, to advise the Secretary of the Interior in conducting the study and concerning management alternatives should the river be included in the National Wild and Scenic Rivers System; (2) the study determined that both segments of the river are eligible for inclusion in the National Wild and Scenic Rivers System based upon their free-flowing condition and outstanding fisheries, recreation, wildlife, and historic values; (3) the towns that directly abut the Connecticut segment (Hartland, Barkhamsted, New Hartford, and Canton), as well as the Town of Colebrook, which abuts the segment's major tributary, have demonstrated their desire for national wild and scenic river designation through town meeting actions endorsing designation; in addition, the 4 abutting towns have demonstrated their commitment to protect the river through the adoption of ``river protection overlay districts'', which establish a uniform setback for new structures, new septic systems, sand and gravel extraction, and vegetation removal along the entire length of the Connecticut segment; (4) during the study, the Farmington River Study Committee and the National Park Service prepared a comprehensive management plan for the Connecticut segment (the ``Upper Farmington River Management Plan'', dated April 29, 1993) which establishes objectives, standards, and action programs that will ensure long- term protection of the river's outstanding values and compatible management of its land and water resources, without Federal management of affected lands not owned by the United States; (5) the Farmington River Study Committee voted unanimously on April 29, 1993, to adopt the Upper Farmington River Management Plan and to recommend that Congress include the Connecticut segment in the National Wild and Scenic Rivers System in accordance with the spirit and provisions of the Upper Farmington River Management Plan, and to recommend that, in the absence of town votes supporting designation, no action be taken regarding wild and scenic river designation of the Massachusetts segment; and (6) the Colebrook Dam and Goodwin Dam hydroelectric projects are located outside the river segment designated by section 3, and based on the study of the Farmington River pursuant to Public Law 99-590, continuation of the existing operation of these projects as presently configured, including associated transmission lines and other existing project works, is compatible with the designation made by section 3 and will not unreasonably diminish the scenic, recreational, and fish and wildlife values of the segment designated by such section as of the date of enactment of this Act. SEC. 3. DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding the following new paragraph at the end thereof: ``( ) Farmington River, Connecticut.--The 14-mile segment of the West Branch and mainstem extending from immediately below the Goodwin Dam and Hydroelectric Project in Hartland, Connecticut, to the downstream end of the New Hartford-Canton, Connecticut, town line (hereinafter in this paragraph referred to as the `segment'), as a recreational river, to be administered by the Secretary of the Interior through cooperative agreements between the Secretary of the Interior and the State of Connecticut and its relevant political subdivisions, namely the Towns of Colebrook, Hartland, Barkhamsted, New Hartford, and Canton and the Hartford Metropolitan District Commission, pursuant to sec- tion 10(e) of this Act. The segment shall be managed in accordance with the Upper Farmington River Management Plan, dated April 29, 1993, and such amendments thereto as the Secretary of the Interior determines are consistent with this Act. Such plan shall be deemed to satisfy the requirement for a comprehensive management plan pursuant to section 3(d) of this Act.''. SEC. 4. MANAGEMENT. (a) Committee.--The Director of the National Park Service, or his or her designee, shall represent the Secretary on the Farmington River Coordinating Committee provided for in the plan. (b) Federal.--(1) In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3, the Secretary, pursuant to section 10(e) of the Wild and Scenic Rivers Act, shall offer to enter into cooperative agreements with the State of Connecticut and its relevant political subdivisions identified in the amendment made by such section 3 and, pursuant to section 11(b)(1) of such Act, shall make a similar offer to the Farmington River Watershed Association. The Secretary, pursuant to such section 11(b)(1), also may enter into cooperative agreements with other parties who may be represented on the Committee. All cooperative agreements provided for in this Act shall be consistent with the Plan, and may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the segment designated by such section 3 and the implementation of the Plan. (2) The Secretary may provide technical assistance, staff support, and funding to assist in the implementation of the Plan. (3) Implementation of this Act through cooperative agreements as described in paragraph (2) of this subsection shall not constitute National Park Service administration of the segment designated by section 3 for purposes of section 10(c) of the Wild and Scenic Rivers Act, and shall not cause such segment to be considered as being a unit of the National Park System. (c) Water Resources Projects.--(1) In determining whether a proposed water resources project would have a direct and adverse effect on the values for which the segment designated by section 3 was included in the National Wild and Scenic Rivers System, the Secretary shall specifically consider the extent to which the project is consistent with the Plan. (2) For purposes of implementation of section 7 of the Wild and Scenic Rivers Act, the Plan, including the detailed analysis of instream flow needs incorporated therein and such additional analysis as may be incorporated in the future, shall serve as the primary source of information regarding the flows needed to maintain instream resources and the potential compatibility between resource protection and possible water supply withdrawals. (d) Land Management.--The zoning ordinances duly adopted by the towns of Hartland, Barkhamsted, New Hartford, and Canton, Connecticut, including the ``river protection overlay districts'' in effect on the date of enactment of this Act, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act. For the purpose of section 6(c), such towns shall be deemed ``villages'' and the provisions of that section, which prohibit Federal acquisition of lands by condemnation, shall apply to the segment designated by section 3. SEC. 5. DEFINITIONS. For the purposes of this Act: (1) The term ``Committee'' means the Farmington River Coordinating Committee referred to in section 4. (2) The term ``Plan'' means the comprehensive management plan for the Connecticut segment of the Farmington River prepared by the Farmington River Study Committee and the National Park Service, which is known as the ``Upper Farmington River Management Plan'' and dated April 29, 1993. (3) The term ``Secretary'' means the Secretary of the Interior. SEC. 6. FUNDING AUTHORIZATION. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, including the amendment to the Wild and Scenic Rivers Act made by section 3. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Farmington Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act (the Act) to designate a specified segment of the Farmington River in Connecticut as a component of the National Wild and Scenic River System. Requires the segment to be: (1) administered as a recreational river by the Secretary of the Interior through cooperative agreements between the Secretary and the State of Connecticut and its relevant political subdivisions; and (2) managed in accordance with the Upper Farmington River Management Plan. Deems the Plan to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Director of the National Park Service, or his or her designee, to represent the Secretary on the Farmington River Coordinating Committee provided for in the Plan. Requires the Secretary to offer to enter into cooperative agreements with the State of Connecticut and its relevant political subdivisions in order to provide for the long-term protection, preservation, and enhancement of the segment and to make a similar offer to the Farmington River Watershed Association. Authorizes the Secretary to: (1) enter into cooperative agreements with other parties who may be represented on the Committee; and (2) provide technical assistance, staff support, and funding to assist in implementation of the Plan. Provides that implementation of this Act through such cooperative agreements shall not constitute National Park Service administration of the segment and shall not cause the segment to be considered as being a unit of the National Park System. Requires the Plan to serve as the primary source of information regarding the flows needed to maintain instream resources and the potential compatibility between resource protection and possible water supply withdrawals. Deems the zoning ordinances adopted by specified towns and the river protection overlay districts in effect on the enactment of this Act to satisfy the standards and requirements of the Act. Authorizes appropriations.

Farmington Wild and Scenic River Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support Our Military Caregivers Act''. SEC. 2. EXTERNAL CLINICAL REVIEW OF DENIED APPLICATIONS BY CAREGIVERS OF VETERANS. (a) In General.--Section 1720G of title 38, United States Code, 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): ``(d) External Clinical Review of Applications.--(1) Using amounts otherwise appropriated to carry out this section, an individual may elect to have an independent contractor described in paragraph (2) perform an external clinical review of any of the following: ``(A) The denial by the Secretary of an application by an individual to be a caregiver or family caregiver eligible for the program of comprehensive assistance administered by the Secretary pursuant to this section. ``(B) With respect to such an application that the Secretary has granted, a determination by the Secretary of the level or amount of personal care services that a veteran requires. ``(C) A request by a caregiver or family caregiver for a reconsideration of the level or amount of personal care services that a veteran requires based on changes to the health or abilities of the veteran occurring since the Secretary granted such an application. ``(D) The revocation by the Secretary of assistance administered by the Secretary pursuant to this section. ``(2) An independent contractor described in this paragraph is an independent contractor that-- ``(A) is awarded a contract by the Secretary to carry out this section pursuant to full and open competition under the Federal Acquisition Regulation; ``(B) has no direct or indirect financial relationship with any non-Department provider of services to caregivers and family caregivers pursuant to this title; ``(C) has not otherwise conducted an external clinical review of benefits administered by the Secretary pursuant to this title other than this section; ``(D) has sufficient training and expertise in medical science and other appropriate health, educational, and vocational training and legal matters to perform the reviews described in paragraph (1); and ``(E) employs a panel of physicians or other appropriate health care professionals who do not provide health care to the individual who makes an election under paragraph (1). ``(3) Each external clinical review conducted pursuant to paragraph (1) shall-- ``(A) be based on applicable information included in the application for assistance described in such paragraph, including clinical expertise, medical, technical, and scientific evidence; ``(B) include an opportunity for both the individual who elects for such review and, to the extent possible, the veteran for whom care is being provided to offer opinions and supporting data as to the level of care required; and ``(C) include a review of the initial clinical review of such veteran and any other review made by the Secretary. ``(4) In carrying out the external clinical reviews pursuant to paragraph (1), the independent contractor shall, as determined appropriate by the Secretary-- ``(A) collect and maintain information required; and ``(B) share such information with the Secretary. ``(5) The Secretary shall take into account, but is not bound by, any determination made by the independent contractor pursuant to paragraph (1) in determining the final decision with respect to the application for assistance. The Secretary may make a final decision that is contrary to such a determination if the Secretary includes clinically supported documentation with the decision. ``(6) The Secretary shall ensure that each external clinical review conducted by the independent contractor pursuant to paragraph (1) is completed and the Department is notified in writing of the results of the review by not later than 120 days after the date on which the individual makes the election under such paragraph. Not later than 30 days after the delivery of the determination recommended by the independent contractors, the Secretary shall ensure that the veteran and the individual making the election under such paragraph is notified in writing of the final decision of the Secretary. In accordance with paragraph (5), such notification shall include an explanation of the recommended decision, a discussion of the facts and applicable regulations, and an explanation of the clinical rationale for the final decision. ``(7) The Secretary shall notify individuals who submit an application to be a caregiver or family caregiver eligible for the program of comprehensive assistance administered by the Secretary pursuant to this section of the ability of the individual to make an election under paragraph (1). ``(8) Nothing in this subsection may be construed to affect claims made by veterans for disability compensation under chapter 11 of this title.''. (b) Application.--The amendments made by subsection (a) shall apply with respect to elections under subsection (d) of section 1720G of title 38, United States Code, as added by subsection (a)(2), that are for applications or revocations for assistance for caregivers and family caregivers pursuant to such section for which the Secretary of Veterans Affairs has not made a final decision as of the date of the enactment of this Act. SEC. 3. PROCESS TO DETERMINE ELIGIBILITY FOR CAREGIVERS OF VETERANS. (a) Directives.--The Secretary of Veterans Affairs shall issue directives regarding the policies, procedures, and operational requirements for the Family Caregiver Program, including with respect to determining the eligibility of an individual to participate in the Family Caregiver Program. (b) GAO Report.--The Comptroller General of the United States shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the processes of the Secretary of Veterans Affairs with respect to-- (1) determining the eligibility of an individual to participate in the Family Caregiver Program; (2) adjudicating appeals to such determinations; and (3) the periodic eligibility reevaluation of an individual participating in such program and the communication of any changes as a result of such reevaluations to the veteran and caregiver. (c) Family Caregiver Program Defined.--In this section, the term ``Family Caregiver Program'' either the program of comprehensive assistance for family caregivers or the program of general caregiver support services established by section 1720G of title 38, United States Code. SEC. 4. MODIFICATION TO LIMITATION ON AWARDS AND BONUSES. Section 705 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended to read as follows: ``SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. ``The Secretary of Veterans Affairs shall ensure that the aggregate amount of awards and bonuses paid by the Secretary in a fiscal year under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title or title 38, United States Code, does not exceed the following amounts: ``(1) With respect to each of fiscal years 2017 through 2021, $230,000,000. ``(2) With respect to each of fiscal years 2022 through 2024, $360,000,000.''. Passed the House of Representatives May 23, 2016. Attest: KAREN L. HAAS, Clerk.

Support Our Military Caregivers Act (Sec. 2) This bill permits an individual to elect to have an independent contractor perform an external clinical review of any of the following: a Department of Veterans Affairs (VA) denial of an individual's application to be a caregiver or family caregiver eligible for VA benefits; with respect to an approved application, a VA determination of the level or amount of personal care services that a veteran requires; a request by a caregiver or family caregiver for a reconsideration of the level or amount of personal care services that a veteran requires based on post-application changes; and a revocation of benefits by the VA. The VA shall ensure that each external clinical review is completed and the individual is notified in writing of the results within 120 days of the election. (Sec. 3) The VA shall issue policy, procedural, and operational directives for the program of comprehensive assistance for family caregivers and the program of general caregiver support services, including with respect to eligibility. The Government Accountability Office must report on VA processes for making and adjudicating eligibility determinations. (Sec. 4) The bill amends the Veterans Access, Choice, and Accountability Act of 2014 to revise the limits on the aggregate amount of awards and bonuses payable to VA employees in each of FY2017-FY2021.

Support Our Military Caregivers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Consent Decree Fairness Act''. SEC. 2. FINDINGS. Congress finds that: (1) Consent decrees are for remedying violations of requirements of Federal law, and they should not be used to advance any policy extraneous to that purpose. (2) Consent decrees are also for protecting the party or class facing injury and should not be expanded to apply to parties not involved in the litigation. (3) In structuring consent decrees, courts should take into account the interests of State and local governments in managing their own affairs. (4) Consent decrees should be structured and administered to give due deference to the policy judgments of State and local officials, and their successors, as to how to obey the law. (5) Whenever possible, courts should not impose consent decrees that require technically complex and evolving policy choices, especially in the absence of judicially discoverable and manageable standards. (6) Consent decrees should not be unlimited, but should contain an explicit and realistic strategy for ending court supervision. SEC. 3. LIMITATION ON CONSENT DECREES. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Consent decrees ``(a) Definitions.--In this section, the term `consent decree'-- ``(1) means any order imposing injunctive or other prospective relief against a State or local government, or a State or local official sued, entered by a court of the United States that is based in whole or part upon the consent or acquiescence of the parties; and ``(2) does not include-- ``(A) private settlements agreements; ``(B) any order arising from an action filed against a government official that is unrelated to his or her official duties; ``(C) any order entered by a court of the United States to implement a plan to end segregation of students or faculty on the basis of race, color, or national origin in elementary schools, secondary schools, or institutions of higher education; and ``(D) any order entered in any action-- ``(i) filed by the United States or any agency of the United States, except for reporting requirements provided under section 4 of the Federal Consent Decree Fairness Act; or ``(ii) in which 1 State is an adverse party to another State. ``(b) Limitation on Duration.-- ``(1) In general.--A State or local government, or a State or local official who was a party to the consent decree (or the successor to that individual) may file a motion under this section with the court that entered a consent decree to modify or terminate the consent decree upon the earlier of-- ``(A) 4 years after a consent decree is originally entered by a court of the United States, regardless if the consent decree has been modified or reentered during that period; or ``(B) in the case of a civil action in which-- ``(i) a State or an elected State official is a party, the expiration of the term of office of the highest elected State official who was a party to the consent decree; ``(ii) a local government or elected local government official is a party, the expiration of the term of office of the highest elected local government official who was a party to the consent decree; or ``(iii) the consent to the decree was authorized by an appointed State or local official, upon the expiration of the term of office of the elected official who appointed that State or local official, or the highest elected official in that State or local government; or ``(C) the date otherwise provided by law. ``(2) Burden of proof.-- ``(A) In general.--With respect to any motion filed under paragraph (1), the burden of proof shall be on the party who originally filed the civil action to demonstrate that the denial of the motion to modify or terminate a consent decree or any part of a consent decree is necessary to prevent the violation of a requirement of Federal law that-- ``(i) was actionable by such party; and ``(ii) was addressed in the original consent decree. ``(B) Failure to meet burden of proof.--If a party fails to meet the burden of proof described in subparagraph (A), the court shall terminate the consent decree. ``(C) Satisfaction of burden of proof.--If a party meets the burden of proof described in subparagraph (A), the court shall ensure that any remaining provisions of the consent decree represent the least restrictive means by which to prevent such a violation. ``(3) Ruling on motion.-- ``(A) In general.--The court shall rule expeditiously on a motion filed under this subsection. ``(B) Scheduling order.--Not later than 30 days after the filing of a motion under this subsection, the court shall enter a scheduling order that-- ``(i) limits the time of the parties to-- ``(I) file motions; and ``(II) complete any required discovery; and ``(ii) sets the date or dates of any hearings determined necessary. ``(C) Stay of injunctive or prospective relief.--In addition to any other orders authorized by law, the court may stay the injunctive or prospective relief set forth in the consent decree in an action under this subsection if a party opposing the motion to modify or terminate the consent decree seeks any continuance or delay that prevents the court from entering a final ruling on the motion within 180 days of the filing of the motion. ``(c) Other Federal Court Remedies.--The provisions of this section shall not be interpreted to prohibit a Federal court from entering a new order for injunctive or prospective relief to the extent that it is otherwise authorized by Federal law. ``(d) Available State Court Remedies.--The provisions of this section shall not prohibit the parties from seeking appropriate relief under State law.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``1660. Consent decrees.''. SEC. 4. DEPARTMENT OF JUSTICE REPORT. (a) In General.--Not later than October 1 of each year, the Attorney General shall submit a report to Congress on all consent decrees in which the United States is a party where the consent decrees were entered 4 or more years prior to the date of the report. (b) Content of Reports.--The report required under subsection (a) shall include-- (1) copies of any consent decrees described in subsection (a); and (2) a written statement by the Attorney General or other agency head explaining-- (A) why each consent decree listed in the report requires continued court supervision; and (B) any efforts the United States had made to limit the scope or duration of the consent decree. (c) Preparation of Report.-- (1) In general.--Federal agencies other than the Department of Justice shall provide the information required in this section to the Attorney General not later than September 1 of each year. (2) Input.--In preparing the report required under subsection (a), the Attorney General or other agency head shall solicit, and include in the report, statements relating to each consent decree from State and local officials who-- (A) support continued court supervision; and (B) oppose continued court supervision. (d) Electronic Submission.--Copies of consent decrees required by subsection (b)(1)(B) may be submitted in electronic format. SEC. 5. GENERAL PRINCIPLES. (a) No Effect on Other Laws Relating to Modifying or Vacating Consent Decrees.--Nothing in the amendments made by section 3 shall be construed to preempt or modify any other provision of law providing for the modification or vacating of a consent decree. (b) Further Proceedings Not Required.--Nothing in the amendments made by section 3 shall be construed to affect or require further judicial proceedings relating to prior adjudications of liability or class certifications. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of enactment of this Act and apply to all consent decrees regardless of-- (1) the date on which the order of a consent decree is entered; or (2) whether any relief has been obtained under a consent decree before the date of enactment of this Act.

Federal Consent Decree Fairness Act - Amends the federal judicial code to authorize any state or local government or related official (or successor) to file a motion to modify or terminate a federal consent decree upon the earlier of: (1) four years after the consent decree is originally entered; or (2) in the case of a civil action in which a state or state official, or a local government or local government official, is a party, the expiration of the term of office of the highest state or local government official who was a party to the consent decree; or (3) the date otherwise provided by law. Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that the denial of the motion to modify or terminate a consent decree (or any part of it) is necessary to prevent the violation of a federal requirement that: (1) was actionable by such party; and (2) was addressed in the original consent decree. Requires a court, within 30 days after the filing of a motion, to enter a scheduling order that: (1) limits the time of the parties to file motions and complete discovery; and (2) sets the date or dates of any necessary hearings. Authorizes a court to stay the injunctive or prospective relief set forth in the consent decree if a party opposing the motion to modify or terminate it seeks any continuance or delay that prevents the court from entering a final ruling on the motion within 180 days of its filing. Requires the Attorney General to report annually to Congress on all consent decrees in which the United States is a party that were entered four or more years before the date of the report.

A bill to amend chapter 111 of title 28, United States Code, to limit the duration of Federal consent decrees to which State and local governments are a party, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Shoshone Claims Distribution Act''. SEC. 2. DEFINITIONS. In this Act: (1) Committee.--The term ``Committee'' means the administrative committee established under section 4(c)(1). (2) Western shoshone joint judgment funds.--The term ``Western Shoshone joint judgment funds'' means-- (A) the funds appropriated in satisfaction of the judgment awards granted to the Western Shoshone Indians in Docket Numbers 326-A-1 and 326-A-3 before the United States Court of Claims; and (B) all interest earned on those funds. (3) Western shoshone judgment funds.--The term ``Western Shoshone judgment funds'' means-- (A) the funds appropriated in satisfaction of the judgment award granted to the Western Shoshone Indians in Docket Number 326-K before the Indian Claims Commission; and (B) all interest earned on those funds. (4) Judgment roll.--The term ``judgment roll'' means the Western Shoshone judgment roll established by the Secretary under section 3(b)(1). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Trust fund.--The term ``Trust Fund'' means the Western Shoshone Educational Trust Fund established under section 4(b)(1). (7) Western shoshone member.--The term ``Western Shoshone member'' means an individual who-- (A)(i) appears on the judgment roll; or (ii) is the lineal descendant of an individual appearing on the roll; and (B)(i) satisfies all eligibility criteria established by the Committee under section 4(c)(4)(D)(iii); (ii) meets any application requirements established by the Committee; and (iii) agrees to use funds distributed in accordance with section 4(b)(2)(B) for educational purposes approved by the Committee. SEC. 3. DISTRIBUTION OF WESTERN SHOSHONE JUDGMENT FUNDS. (a) In General.--The Western Shoshone judgment funds shall be distributed in accordance with this section. (b) Judgment Roll.-- (1) In general.--The Secretary shall establish a Western Shoshone judgment roll consisting of all individuals who-- (A) have at least \1/4\ degree of Western Shoshone blood; (B) are citizens of the United States; and (C) are living on the date of enactment of this Act. (2) Ineligible individuals.--Any individual that is certified by the Secretary to be eligible to receive a per capita payment from any other judgment fund based on an aboriginal land claim awarded by the Indian Claims Commission, the United States Claims Court, or the United States Court of Federal Claims, that was appropriated on or before the date of enactment of this Act, shall not be listed on the judgment roll. (3) Regulations regarding judgment roll.--The Secretary shall-- (A) publish in the Federal Register all regulations governing the establishment of the judgment roll; and (B) use any documents acceptable to the Secretary in establishing proof of eligibility of an individual to-- (i) be listed on the judgment roll; and (ii) receive a per capita payment under this Act. (4) Finality of determination.--The determination of the Secretary on an application of an individual to be listed on the judgment roll shall be final. (c) Distribution.-- (1) In general.--On establishment of the judgment roll, the Secretary shall make a per capita distribution of 100 percent of the Western Shoshone judgment funds, in shares as equal as practicable, to each person listed on the judgment roll. (2) Requirements for distribution payments.-- (A) Living competent individuals.--The per capita share of a living, competent individual who is 19 years or older on the date of distribution of the Western Shoshone judgment funds under paragraph (1) shall be paid directly to the individual. (B) Living, legally incompetent individuals.--The per capita share of a living, legally incompetent individual shall be administered in accordance with regulations promulgated and procedures established by the Secretary under section 3(b)(3) of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1403(b)(3)). (C) Deceased individuals.--The per capita share of an individual who is deceased as of the date of distribution of the Western Shoshone judgment funds under paragraph (1) shall be paid to the heirs and legatees of the individual in accordance with regulations promulgated by the Secretary. (D) Individuals under the age of 19.--The per capita share of an individual who is not yet 19 years of age on the date of distribution of the Western Shoshone judgment funds under paragraph (1) shall be-- (i) held by the Secretary in a supervised individual Indian money account; and (ii) distributed to the individual-- (I) after the individual has reached the age of 18 years; and (II) in 4 equal payments (including interest earned on the per capita share), to be made-- (aa) with respect to the first payment, on the eighteenth birthday of the individual (or, if the individual is already 18 years of age, as soon as practicable after the date of establishment of the Indian money account of the individual); and (bb) with respect to the 3 remaining payments, not later than 90 days after each of the 3 subsequent birthdays of the individual. (3) Applicable law.--Notwithstanding section 7 of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407), a per capita share (or the availability of that share) paid under this section shall not-- (A) be subject to Federal or State income taxation; (B) be considered to be income or resources for any purpose; or (C) be used as a basis for denying or reducing financial assistance or any other benefit to which a household or Western Shoshone member would otherwise be entitled to receive under-- (i) the Social Security Act (42 U.S.C. 301 et seq.); or (ii) any other Federal or federally- assisted program. (4) Unpaid funds.--The Secretary shall add to the Western Shoshone joint judgment funds held in the Trust Fund under section 4(b)(1)-- (A) all per capita shares (including interest earned on those shares) of living competent adults listed on the judgment roll that remain unpaid as of the date that is-- (i) 6 years after the date of distribution of the Western Shoshone judgment funds under paragraph (1); or (ii) in the case of an individual described in paragraph (2)(D), 6 years after the date on which the individual reaches 18 years of age; and (B) any other residual principal and interest funds remaining after the distribution under paragraph (1) is complete. SEC. 4. DISTRIBUTION OF WESTERN SHOSHONE JOINT JUDGMENT FUNDS. (a) In General.--The Western Shoshone joint judgment funds shall be distributed in accordance with this section. (b) Western Shoshone Educational Trust Fund.-- (1) Establishment.--Not later than 120 days after the date of enactment of this Act, the Secretary shall establish in the Treasury of the United States, for the benefit of Western Shoshone members, a trust fund to be known as the ``Western Shoshone Educational Trust Fund'', consisting of-- (A) the Western Shoshone joint judgment funds; and (B) the funds added under section 3(b)(4). (2) Amounts in trust fund.--With respect to amounts in the Trust fund-- (A) the principal amount-- (i) shall not be expended or disbursed; and (ii) shall be invested in accordance with section 1 of the Act of June 24, 1938 (25 U.S.C. 162a); and (B) all interest income earned on the principal amount after the date of establishment of the Trust fund-- (i) shall be distributed by the Committee-- (I) to Western Shoshone members in accordance with this Act, to be used as educational grants or for other forms of educational assistance determined appropriate by the Committee; and (II) to pay the reasonable and necessary expenses of the Committee (as defined in the written rules and procedures of the Committee); but (ii) shall not be distributed under this paragraph on a per capita basis. (c) Administrative Committee.-- (1) Establishment.--There is established an administrative committee to oversee the distribution of educational grants and assistance under subsection (b)(2). (2) Membership.--The Committee shall be composed of 7 members, of which-- (A) 1 member shall represent the Western Shoshone Te-Moak Tribe and be appointed by that Tribe; (B) 1 member shall represent the Duckwater Shoshone Tribe and be appointed by that Tribe; (C) 1 member shall represent the Yomba Shoshone Tribe and be appointed by that Tribe; (D) 1 member shall represent the Ely Shoshone Tribe and be appointed by that Tribe; (E) 1 member shall represent the Western Shoshone Committee of the Duck Valley Reservation and be appointed by that Committee; (F) 1 member shall represent the Fallon Band of Western Shoshone and be appointed by that Band; and (G) 1 member shall represent the general public and be appointed by the Secretary. (3) Term.-- (A) In general.--Each member of the Committee shall serve a term of 4 years. (B) Vacancies.--If a vacancy remains unfilled in the membership of the Committee for a period of more than 60 days-- (i) the Committee shall appoint a temporary replacement from among qualified members of the organization for which the replacement is being made; and (ii) that member shall serve until such time as the organization (or, in the case of a member described in paragraph (2)(G), the Secretary) designates a permanent replacement. (4) Duties.--The Committee shall-- (A) distribute interest funds from the Trust Fund under subsection (b)(2)(B)(i); (B) for each fiscal year, compile a list of names of all individuals approved to receive those funds; (C) ensure that those funds are used in a manner consistent with this Act; (D) develop written rules and procedures, subject to the approval of the Secretary, that cover such matters as-- (i) operating procedures; (ii) rules of conduct; (iii) eligibility criteria for receipt of funds under subsection (b)(2)(B)(i); (iv) application selection procedures; (v) procedures for appeals to decisions of the Committee; (vi) fund disbursement procedures; and (vii) fund recoupment procedures; (E) carry out financial management in accordance with paragraph (6); and (F) in accordance with subsection (b)(2)(C)(ii), use a portion of the interest funds from the Trust Fund to pay the reasonable and necessary expenses of the Committee (including per diem rates for attendance at meetings that are equal to those paid to Federal employees in the same geographic location), except that not more than $100,000 of those funds may be used to develop written rules and procedures described in subparagraph (D). (5) Jurisdiction of tribal courts.--At the discretion of the Committee and with the approval of the appropriate tribal government, a tribal court, or a court of Indian offenses operated under section 11 of title 25, Code of Federal Regulations (or a successor regulation), shall have jurisdiction to hear an appeal of a decision of the Committee. (6) Financial management.-- (A) Financial statement.--The Committee shall employ an independent certified public accountant to prepare a financial statement for each fiscal year that discloses-- (i) the operating expenses of the Committee for the fiscal year; and (ii) the total amount of funds disbursed under subsection (b)(2)(B)(i) for the fiscal year. (B) Distribution of information.--For each fiscal year, the Committee shall provide to the Secretary, to each organization represented on the Committee, and, on the request of a Western Shoshone member, to the Western Shoshone member, a copy of-- (i) the financial statement prepared under subparagraph (A); and (ii) the list of names compiled under paragraph (4)(B). (d) Consultation.--The Secretary shall consult with the Committee on the management and investment of the funds distributed under this section. SEC. 5. REGULATIONS. The Secretary may promulgate such regulations as are necessary to carry out this Act. Passed the Senate October 17 (legislative day, October 16), 2003. Attest: Secretary. 108th CONGRESS 1st Session S. 618 _______________________________________________________________________ AN ACT To provide for the use and distribution of the funds awarded to the Western Shoshone identifiable group under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3, 326-K, and for other purposes.

Western Shoshone Claims Distribution Act - (Sec. 3) Provides for the per capita distribution of shares of specified funds appropriated in satisfaction of a judgment award granted to the Western Shoshone Indians in Docket Number 326-K before the Indian Claims Commission (ICC) to U.S. citizens who have at least 1/4 Western Shoshone blood and who are enrolled on a Western Shoshone judgment roll to be established by the Secretary of the Interior. Requires the Secretary to establish a Western Shoshone judgement roll consisting of all individuals who have at least 1/4 degree of Western Shoshone Blood, are U.S. citizens, and are living on the date of enactment of this Act. Makes ineligible for enrollment under this Act any individual who is eligible to receive other judgment awards based on an aboriginal land claim from the ICC, the United States Claims Court, or the United States Court of Claims. Requires the Secretary to publish regulations governing the establishment of the judgment roll and specifies per capita distribution requirements (including those for incompetents, heirs of deceased beneficiaries, and individuals under age 19). (Sec. 4) Provides for distribution of specified funds appropriated in satisfaction of the judgment awards granted in Docket Numbers 326-A-1 and 326-A-3 before the U.S. Court of Claims. Requires the Secretary to establish, for the benefit of Western Shoshone members, the Western Shoshone Educational Trust Fund, to which such funds shall be credited. Requires that all interest income earned on the principal amount in the Trust Fund be distributed: (1) as educational grants and assistance to Western Shoshone members as determined appropriate by the administrative committee established by this Act to oversee such distribution; and (2) to pay reasonable and necessary expenses of such committee. Specifies the membership and duties of the committee.

A bill to provide for the use and distribution of the funds awarded to the Western Shoshone identifiable group under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3, 326-K, and for other purposes.

SECTION 1. SHORT TITLE, REFERENCE, AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Uniform Food Safety Labeling Act''. (b) Reference.--Except as otherwise specified, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to that section or other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). (c) Table of Contents.--The table of contents is as follows: Sec. 1. Short title, reference, and table of contents. Sec. 2. Labeling of raw or partially cooked foods and unpasteurized juice. Sec. 3. Sale and labeling of frozen fish and shellfish. Sec. 4. Sale of raw eggs. Sec. 5. Statement of origin. Sec. 6. Freshness date. Sec. 7. Food labeled as natural. Sec. 8. Labeling of kosher and kosher-style foods. Sec. 9. Unit pricing. Sec. 10. Grades for farm products. Sec. 11. Regulations. SEC. 2. LABELING OF RAW OR PARTIALLY COOKED FOODS AND UNPASTEURIZED JUICE. Section 403 (21 U.S.C. 343) is amended by adding at the end the following: ``(y)(1) Unless the label or labeling of raw or partially cooked eggs, fish, milk, dairy products, shellfish, or unpasteurized juice offered in a ready-to-eat form as a deli, vended, or other item, or the label or labeling of a ready-to-eat food containing as an ingredient raw or partially cooked eggs, fish, milk, dairy products, shellfish, or unpasteurized juice, discloses the increased risk associated with eating such food in raw or partially cooked form. ``(2) Eggs, fish, milk, dairy products, and shellfish routinely served raw or partially cooked, unpasteurized juice, and ready-to-eat foods containing such raw or partially cooked foods or unpasteurized juice as ingredients shall bear the following: This food contains raw or partially cooked eggs, fish, shellfish, or unpasteurized juice. Children, the elderly, pregnant women, or persons with weakened immune systems may experience severe foodborne illness from eating this item. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 3. SALE AND LABELING OF FROZEN FISH AND SHELLFISH. Section 403 (21 U.S.C. 343), as amended by section 2, is amended by adding at the end the following: ``(z)(1) Except as provided in subparagraph (2), if it is fish or shellfish that has been frozen unless its label or labeling bears a prominent and conspicuous statement indicating that such product has been frozen. ``(2) This paragraph shall not apply to fish or shellfish that has been frozen prior to being smoked, cured, cooked, or subjected to the heat of commercial sterilization. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 4. SALE OF RAW EGGS. Section 403 (21 U.S.C. 343), as amended by section 3, is amended by adding at the end the following: ``(aa)(1) If it is raw eggs, unless its label or labeling states `Children, the elderly, pregnant women, or persons with weakened immune systems may experience severe illness from eating raw or partially cooked eggs.' ``(2) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 5. STATEMENT OF ORIGIN. Section 403 (21 U.S.C. 343), as amended by section 4, is amended by adding at the end the following: ``(bb)(1) If it is a perishable agricultural commodity as defined in section 1(b)(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)(1)), unless it bears a label or labeling containing the country of origin of the perishable agricultural commodity. ``(2) If it is a product derived from a perishable agricultural commodity, including juice, frozen juice concentrate, fruit butter, preserves and jams, or canned or frozen fruits or vegetables, unless it bears a label or labeling containing the country of origin of the perishable agricultural commodity and the product derived from it. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 6. FRESHNESS DATE. Section 403 (21 U.S.C. 343), as amended by section 5, is amended by adding at the end the following: ``(cc)(1) Unless its label or labeling bears the date upon which the food should no longer be sold because of diminution of quality, nutrient availability, or safety. The freshness date shall be stated in terms of the day and month of the year if the food will not be fresh after 3 months on the shelf, or in terms of the month and year if the product will be fresh for more than 3 months on the shelf. The phrase `use by' shall precede the date. ``(2) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the means of disclosing the freshness date.''. SEC. 7. FOOD LABELED AS NATURAL. Section 403 (21 U.S.C. 343), as amended by section 6, is amended by adding at the end the following: ``(dd)(1) If its label or labeling bears the word `natural', unless-- ``(A) it contains no artificial flavoring, color additive, chemical preservative, or any other artificial or synthetic ingredient added after harvesting; and ``(B) it has undergone no processing other than minimal processing, such as the removal of inedible substances or the application of physical processes such as cutting, grinding, drying, homogenizing, or pulping. ``(2) This paragraph shall not apply to the use of the terms `natural flavors' and `natural colors' as approved by the Food and Drug Administration. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 8. LABELING OF KOSHER AND KOSHER-STYLE FOODS. Section 403 (21 U.S.C. 343), as amended by section 7, is amended by adding at the end the following: ``(ee)(1) If it is falsely represented in the food's label or labeling to be kosher, kosher for Passover, pareve, or as having been prepared in accordance with orthodox Jewish religious standards either by direct statements, orally or in writing, or by display of the word `Kosher', `Kosher for Passover', or `Pareve'; or ``(2) if the food's label or labeling uses the term `Kosher' in conjunction with the words `style' or `type' or any similar expression which might reasonably be calculated to deceive a reasonable person to believe that a representation is being made that the food sold is kosher, kosher for Passover, pareve, or prepared in accordance with orthodox Jewish religious standards. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation provisions that implement this paragraph.''. SEC. 9. UNIT PRICING. (a) In General.--Section 403 (21 U.S.C. 343), as amended by section 8, is amended by adding at the end the following: ``(ff)(1) Unless its label or labeling bears the unit price and the total price of the food as provided in this paragraph. ``(2) As used in this paragraph: ``(A) The term `unit price' of food shall mean the price per measure. ``(B) The term `price per measure' shall mean-- ``(i) price per pound for food whose net quantity is expressed in units of weight, except for such food whose net weight is less than 1 ounce which shall be expressed as price per ounce if the same unit of measure is used for the same food in all sizes; ``(ii) price per pint or quart for food whose net quantity is stated in fluid ounces, pints, quarts, gallons, or a combination thereof, if the same unit of measure is used for the same food in all sizes sold in the retail establishment; and ``(iii) price per 100 for food whose net quantity is expressed by count, except as otherwise provided by regulation. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation a national program of pricing as prescribed by this paragraph.''. SEC. 10. GRADES FOR FARM PRODUCTS. Section 403 (21 U.S.C. 343), as amended by section 9, is amended by adding at the end the following: ``(gg)(1) Unless it bears a grade, where grading is customary within the industry. ``(2) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation a national program of grading for food which is customarily graded.''. SEC. 11. REGULATIONS. (a)(1) Within 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue proposed regulations to implement paragraphs (y) through (gg) of section 403 of the Federal Food, Drug, and Cosmetic Act. The proposed regulations shall establish format requirements for the label statements mandated by such sections. The required label statements shall appear in easily legible boldface print or type, with upper and lower case letters, and in distinct contrast to other printed or graphic matter. The label statements shall appear in a type size not less than the largest type found on the label, except that used for the brand name, product name, logo, or universal product code, and in any case not less than the type size required for the declaration of net quantity of contents statement as prescribed by regulation printed in 21 C.F.R. 101.105(1). All required label statements shall be placed on the information panel, except for the statements required by paragraphs (bb) and (ff) of such section 403, which shall be placed on the principal display panel. (2) Not later than 24 months after the date of enactment of this Act, the Secretary shall issue final regulations to implement sections 403(dd) and 403(ee) of the Federal Food, Drug, and Cosmetic Act. (b) If the Secretary does not promulgate final regulations under subsection (a)(2) upon the expiration of 24 months after the date of the enactment of this Act, the proposed regulation issued in accordance with subsection (a)(1) shall be considered as the final regulations upon the expiration of such 24 months. There shall be promptly published in the Federal Register notice of the new status of the proposed regulations.

National Uniform Food Safety Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to deem food to be misbranded unless the label: (1) for raw or partially cooked eggs, fish, milk, dairy products, shellfish, or unpasteurized juice discloses the increased risk associated with eating such food in raw or partially cooked form and the risk to children, the elderly, pregnant women, and persons with weakened immune systems of experiencing foodborne illnesses from eating such food; (2) for frozen fish or shellfish prominently discloses that the product has been frozen unless it was smoked, cured, cooked, or commercially sterilized prior to being frozen; (3) for raw eggs discloses the increased risk associated with eating raw eggs for children, the elderly, pregnant women, or persons with weakened immune systems; (4) for perishable agricultural commodities or derivatives contains the country of origin; (5) contains the date upon which it should no longer be sold because of diminution of quality, nutrient availability, or safety; (6) bears the word "natural" only if the food contains no artificial or synthetic ingredient added after harvesting and has not undergone other than minimal processing; (7) does not falsely represent that food has been prepared in accordance with orthodox Jewish religious standards; (8) includes the unit price and the total price of the food in accordance with this Act; and (9) bears a grade where grading is customary within the industry.

To amend the Federal Food, Drug, and Cosmetic Act to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Salmon Solutions and Planning Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds and declares the following: (1) Certain species of wild salmon and steelhead in the Columbia and Snake River Basin are on the brink of extinction as a consequence of various factors, including the construction and operation of hydroelectric projects, harvest management practices, habitat degradation, altered in-stream flow regimes, and unsound hatchery practices. (2) These salmon and steelhead have major economic, ecological, educational, recreational, scientific, cultural, and spiritual significance to the Nation and its people. (3) Thirteen salmon and steelhead species in the Columbia and Snake River Basin are listed for protection under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (4) The Federal Government, including Bonneville Power Administration's ratepayers in the Pacific Northwest, has spent more than $8,000,000,000 on salmon recovery efforts in the Columbia and Snake River Basin to date. (5) Salmon and steelhead are symbols of the Pacific Northwest, support thousands of jobs in coastal and inland communities, and serve as an indicator of the health of Northern California, Nevada, Alaska, and Pacific Northwest river ecosystems. (6) Salmon and steelhead of the Snake River are a vital economic resource to communities in Alaska, Washington, Oregon, Idaho, and California. Restoring Snake River salmon to healthy, self-sustaining, harvestable levels will have significant economic benefits for these communities as well as communities in Nevada where these fish once returned. (7) The original range of Snake River salmon included not only their existing habitat in central Idaho, northeast Oregon, southeast Washington, the mid- and lower Columbia River, and the coastal waters of Alaska, California, Oregon, and Washington, but also habitat in the upper Columbia River and the upper Snake River Basin, including southern Idaho, southeast Oregon, and northern Nevada. (8) The United States Government has signed treaties with Indian tribes in Oregon, Washington, Montana, and Idaho and with the Government of Canada creating a legally enforceable trust responsibility to restore salmon populations to sustainable, harvestable levels. (9) Since the construction of 4 Federal dams on the lower Snake River in Washington, salmon and steelhead populations in the Snake River have significantly declined, and all salmon and steelhead populations in the Snake River are either already extinct or listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (10) Recent studies indicate that the window of time to protect and restore Snake River salmon and steelhead is short, with scientists estimating that, if changes do not occur, several of the remaining Snake River salmon populations could be extinct within the next 20 years. (11) A federally funded group of State, tribal, Federal, and independent scientists found that removing the 4 lower Snake River dams in Washington is the surest way to protect and recover Snake River salmon and steelhead. Similar conclusions have been reached in studies by the Army Corps of Engineers and the Department of Commerce. At the same time, it is well understood that removing these dams is not a ``silver bullet'' for the recovery of all salmon and steelhead populations in the Columbia and Snake River Basin and other actions are also necessary to further protect and restore these fish. (12) Removal of the 4 lower Snake River dams would affect electricity generation, freight shipping, and water supply systems, and these benefits must be replaced through other means in order to protect local communities, farms, and the regional energy supply system. (13) The 4 lower Snake River dams currently produce renewable electricity. Studies have found that the Northwest has ample additional existing and potential clean renewable energy sources to cost-effectively replace the power produced by these dams in a manner that is compatible with broader efforts to reduce regional greenhouse gas emissions. (14) In the event that the 4 lower Snake River dams are removed, their energy benefits should be replaced with cost- effective, clean renewable sources, as well as energy efficiency and conservation. (15) The removal of the 4 lower Snake River dams would bring opportunities to inland Northwest communities by opening up 140 miles of free-flowing river, and providing needed resources for more effective and efficient freight transportation systems. (16) A Federal court has found that the 4 lower Snake River dams violate water quality standards under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (17) A significant amount of sediment has built up behind Lower Granite Dam, posing a flood risk to the city of Lewiston, Idaho, which now sits below the height of the lower Snake River. A study by the Army Corps of Engineers found that nearly $2,000,000,000 worth of buildings and infrastructure sit in the Clarkston/Lewiston area floodplain where they face a growing threat of major damage from levee breaching. The same Corps study estimates that the costs of river-dredging and levee- raising needed to protect these areas could cost taxpayers hundreds of millions of dollars. (18) Global warming is already having and will continue to have detrimental effects on Pacific salmon populations. Snake River salmon may be key to maintaining and rebuilding salmon populations throughout the Columbia and Snake River Basin, as their high-elevation spawning grounds are the most likely to remain viable in the face of warming temperatures; thus, taking action now to protect these salmon is vitally important. (19) The Northwest Power and Conservation Council commissioned a report in 2000 that concluded that removing the 4 lower Snake River dams is a more cost-effective way to restore wild salmon and steelhead populations to the Columbia and Snake River Basin than strategies that do not include dam removal. (20) Three of the last four biological opinions regarding the Columbia and Snake River Federal hydrosystem have been found illegal by Federal courts. (b) Purposes.--The purposes of this Act are-- (1) to ensure the protection and recovery of wild Columbia and Snake River salmon and steelhead to self-sustaining, harvestable levels, while providing for reliable, reasonably priced, and clean renewable energy in the Northwest, a reliable and affordable freight transportation system, and an economically sustainable salmon recovery program, and to maximize the economic benefits from potential dam removal while mitigating for its impacts; and (2) to ensure that the Northwest and the Nation have completed the necessary planning and evaluation to efficiently manage salmon recovery by implementing biologically effective measures and responding rapidly if and when major new actions are determined to be necessary to protect and recover salmon and steelhead in the Columbia and Snake River Basin. SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RECOVERY EFFORTS. (a) In General.--Not later than 3 months after the date of enactment of this Act, the Secretary of Commerce shall enter into an arrangement with the National Academy of Sciences providing for scientific analysis of Federal salmon recovery efforts and submission of a report on the results of the analysis in accordance with subsection (c). (b) Contents.--For purposes of this section, scientific analysis shall include, at a minimum, a review of Snake River dam removal and other actions that may be necessary to achieve recovery of salmon and steelhead populations of the Columbia and Snake River Basin listed under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)). (c) Report.--Not later than 12 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Secretary of Commerce, the Secretary of the Army, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and to Congress a report on the results of the scientific analysis conducted under this section. SEC. 4. STUDY OF RAIL, HIGHWAY, AND BARGE IMPROVEMENTS. The Secretary of Transportation shall conduct a peer-reviewed analysis of which rail, highway, and Columbia River barge infrastructure improvements would be necessary to ensure a cost- effective and efficient transportation system for agricultural and other shippers who currently use barge transportation between Lewiston, Idaho, and the confluence of the Snake and Columbia Rivers and would be unable to do so if the 4 lower Snake River dams were removed. This analysis shall include a review of cost increases, if any, of shipping rates and options for addressing any such cost increases so as to minimize the potential impact on shippers. This analysis shall incorporate input and feedback from farmers and other shippers, the Washington, Idaho, and Oregon State Departments of Transportation, and other relevant stakeholders in the agricultural, business, and public interest communities, and any suggestions or decisions arrived at through consensus deliberations of the same or similar participants. This analysis shall be completed and a report thereon submitted to Congress within 12 months after the date of the enactment of this Act. SEC. 5. STUDY OF ENERGY REPLACEMENT. The Secretary of Energy, in consultation with the White House Office of Energy and Climate Change, shall conduct a peer-reviewed analysis of what energy replacement options exist to replace the power currently generated by the 4 lower Snake River dams in the event the dams are removed. The analysis shall include a review of existing, planned, and potential clean renewable energy resources, in addition to energy efficiency, energy conservation, and combined heat and power projects. This analysis shall be completed and a report thereon submitted to Congress within 12 months after the date of enactment of this Act. SEC. 6. STUDY OF LOWER SNAKE RIVER RIVERFRONT REVITALIZATION. The Army Corps of Engineers, in consultation with relevant State and local governments and interested parties, shall conduct an analysis of what riverfront revitalization and restoration opportunities would exist in the event of the removal of the 4 lower Snake River dams and what costs would be incurred to implement such revitalization and restoration measures. This work shall focus on riverfront revitalization for Lewiston, Idaho, and Clarkston, Washington, but may include other impacted communities along the 140 miles of the lower Snake River. This analysis shall be completed and a report thereon submitted to Congress within 12 months after the date of the enactment of this Act, shall include determination of engineering options and costs, and shall be peer-reviewed generally in accordance with section 2034 of Public Law 110-114 to determine the accuracy of the preferred engineering options and costs determined by the Army Corps of Engineers. SEC. 7. STUDY OF IRRIGATION PROTECTIONS. The Secretary of the Interior, acting through the Bureau of Reclamation, shall conduct a peer-reviewed analysis of the options and costs regarding any needed modifications to affected irrigation systems, cooling systems, and private wells if the 4 lower Snake River dams were removed. This analysis shall be completed and a report thereon submitted to Congress within 12 months after the date of the enactment of this Act. SEC. 8. AUTHORIZATION AND STUDY OF SALMON RECOVERY. (a) Dam Removal Authorization.--Congress hereby determines that the Secretary of the Army may remove the four lower Snake River dams. (b) Review and Update of Feasibility Study.--The Secretary of the Army shall re-evaluate and update the U.S. Army Corps of Engineers' Final Lower Snake River Juvenile Salmon Migration Feasibility Report/ Environmental Impact Statement (February 2002) pursuant to new information. The updated feasibility study shall incorporate and address, at a minimum, the following: (1) Current and expected future climate change impacts on Columbia and Snake River salmon and steelhead populations and their habitat. (2) Replacement of the 4 lower Snake River dams' average energy output (not nameplate capacity) with clean renewable energy resources, including energy efficiency and conservation. (3) Options for keeping currently irrigated acreage intact and under irrigation in a dam removal scenario. (4) Costs associated with Lower Granite Dam reservoir sediment/flood risk mitigation in a non-dam-removal scenario. (5) Passive Use Values associated with both dam removal and non-dam-removal scenarios. (6) Alternate methods for removing the 4 lower Snake River dams in addition to the method analyzed in the 2002 environmental impact statement, including but not limited to full dam removal and removing or notching the dams' concrete portions. (c) Completion; Report; Peer Review.--The Secretary of the Army shall-- (1) complete the re-evaluation and update and submit a report thereon to Congress within 20 months after the date of enactment of this Act; (2) include in the report determination of engineering options and costs; and (3) shall submit the results of the re-evaluation and update (including such determination of engineering options and costs) to peer review generally in accordance with section 2034 of Public Law 110-114 to determine the accuracy of the preferred engineering options and costs. SEC. 9. DEFINITIONS. In this Act, the following definitions apply: (1) Clean renewable energy resources.--For the purposes of this bill the term ``clean renewable energy resources'' means-- (A) incremental electricity produced as the result of efficiency improvements to existing hydroelectric generation projects, including in irrigation pipes and canals, where the additional generation in either case does not result in new water diversions or impoundments; (B) wind; (C) solar energy; (D) geothermal energy; (E) landfill gas; (F) wave, ocean, or tidal power; (G) gas from sewage treatment facilities; and (H) biomass energy based on animal waste, food waste, yard waste, or solid organic fuels from wood, forest, or field residues, or dedicated energy crops, other than-- (i) wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic; (ii) pulping liquor from paper production; (iii) wood from old growth forests; or (iv) municipal solid waste. (2) Federal salmon recovery actions.--The term ``Federal salmon recovery actions'' means Federal actions required to protect, recover, and restore salmon and steelhead in the Columbia and Snake River basin that are listed under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)). (3) Lower snake river dams.--The term ``4 lower Snake River dams'' means the following dams on the Snake River, Washington: (A) The Ice Harbor dam. (B) The Lower Monumental dam. (C) The Little Goose dam. (D) The Lower Granite dam. (4) Peer review.--The term ``peer review'' has the meaning that term has in section 2034 of Public Law 110-114. (5) Populations.--The term ``populations'' means the 13 evolutionarily significant units of salmon and steelhead in the Columbia and Snake River basin that are listed under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).

Salmon Solutions and Planning Act - Directs the Secretary of Commerce to enter into an arrangement with the National Academy of Sciences for scientific analysis of federal salmon recovery efforts, including a review of Snake River dam removal (Washington state) and other actions necessary to achieve recovery of endangered or threatened salmon and steelhead populations of the Columbia and Snake River Basin. Directs: (1) the Secretary of Transportation (DOT) to conduct a peer-reviewed analysis of which rail, highway, and Columbia River barge infrastructure improvements would be necessary to ensure a cost-effective and efficient transportation system for shippers who currently use barge transportation between Lewiston, Idaho, and the confluence of the Snake and Columbia Rivers and who would be unable to do so if the four lower Snake River dams were removed; (2) the Secretary of Energy (DOE) to conduct a peer-reviewed analysis of options to replace the power currently generated by such dams if they were removed; (3) the Army Corps of Engineers to analyze riverfront revitalization and restoration opportunities and costs in the event of such removal; and (4) the Secretary of the Interior, acting through the Bureau of Reclamation, to conduct a peer-reviewed analysis of the options and costs regarding any needed modifications to affected irrigation systems, cooling systems, and private wells if the dams were removed. Sets forth the congressional determination that the Secretary of the Army may remove the four lower Snake River dams. Directs the Secretary to reevaluate and update the U.S. Army Corps of Engineers' Final Lower Snake River Juvenile Salmon Migration Feasibility Report/Environmental Impact Statement (February 2002) pursuant to new information.

To ensure that proper information gathering and planning are undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River Basin in a manner that protects and enhances local communities, ensures effective expenditure of Federal resources, and maintains reasonably priced, reliable power, to direct the Secretary of Commerce to seek scientific analysis of Federal efforts to restore salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Rural Access Preservation Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. 2 year hold-harmless for sole community hospitals under outpatient prospective payment schedule. Sec. 3. 20 percent increase in medicare payment for home health care furnished in a frontier area. Sec. 4. Adjustment in critical access hospital bed limit. Sec. 5. 15 percent increase in medicare payment for hospice care furnished in a frontier area. Sec. 6. Treatment of eligibility for hospice care. SEC. 2. 2 YEAR HOLD-HARMLESS FOR SOLE COMMUNITY HOSPITALS UNDER OUTPATIENT PROSPECTIVE PAYMENT SCHEDULE. Section 1833(t)(7)(D) of the Social Security Act (42 U.S.C. 1395l(t)(7)(D)) is amended by adding at the end the following new clause: ``(iii) Temporary treatment for sole community hospitals.--In the case of a hospital described in section 1886(d)(5)(C)(iii), for covered OPD services furnished during 2003 or 2004 for which the PPS amount is less than the pre-BBA amount, the amount of payment under this subsection shall be increased by the amount of such difference.''. SEC. 3. 20 PERCENT INCREASE IN MEDICARE PAYMENT FOR HOME HEALTH CARE FURNISHED IN A FRONTIER AREA. Section 1895(b)(4)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(4)(A)) is amended by adding at the end the following new clause: ``(iii) Differential for frontier areas.-- In the case of home health services furnished in a frontier area on or after January 1, 2003, and before January 1, 2007, the payment amount otherwise established for services furnished, shall be increased by 20 percent. For purposes of this clause, the term `frontier area' means a county in which the population density is less than 7 persons per square mile.''. SEC. 4. ADJUSTMENT IN CRITICAL ACCESS HOSPITAL BED LIMIT. (a) In General.--Section 1820(c)(2) of the Social Security Act (42 U.S.C. 1395i-4(c)(2)) is amended-- (1) in subsection (c)(2)-- (A) in subparagraph (A), by striking ``subparagraphs (B), (C), and (D)'' and inserting ``the succeeding provisions of this paragraph''; (B) in subparagraph (B)(iii), by inserting ``subject to subparagraph (E),'' after ``(iii)''; and (C) by adding at the end the following new subparagraph: ``(E) Higher number of beds permitted so long as annual average of not more than 12 beds.--The 15-bed limitation specified in subparagraph (B)(iii) and subsection (f) shall not apply to a hospital that provides assurances satisfactory to the Secretary that it will maintain (on an annual basis) an average daily inpatient census of acute care patients of not more than 12.''; and (2) in subsection (f), by inserting ``except as permitted under subsection (c)(2)(E)'' after ``15 beds''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2003. SEC. 5. 15 PERCENT INCREASE IN MEDICARE PAYMENT FOR HOSPICE CARE FURNISHED IN A FRONTIER AREA. Section 1814(i)(1) of the Social Security Act (42 U.S.C. 1395f(i)(1)) is amended by adding at the end the following new subparagraph: ``(D) With respect to routine home care and other services included in hospice care furnished in a frontier area on or after January 1, 2003, and before January 1, 2007, the payment rates otherwise established for such care and services shall be increased by 15 percent. For purposes of this clause, the term `frontier area' means a county in which the population density is less than 7 persons per square mile.''. SEC. 6. TREATMENT OF ELIGIBILITY FOR HOSPICE CARE. (a) Deemed Eligibility Based on Death in Fact.-- (1) In general.--Section 1814(i) of the Social Security Act is amended by adding at the end the following new paragraph: ``(4) For purposes of section 1814(a)(7)(A), the Secretary and a fiscal intermediary shall not take any action to deny payment for hospice care for an individual on the basis that the individual is not terminally ill if the individual dies within 6 months of the date the individual is initially admitted into the hospice program for the receipt of hospice care.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on January 1, 2003. (b) CMS Report.-- (1) In general.--The Administrator of the Centers for Medicare & Medicaid Services shall evaluate the standards used by fiscal intermediaries in denying physician certifications under section 1814(a)(7) of the Social Security Act that an individual is terminally ill (and thereby making such individuals ineligible to elect the hospice care alternative) and the impact of such decisions on length of stay. Such evaluation shall review the impact of the amendments made by section 322(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-501), as enacted into law by section 1(a)(6) of Public Law 106-554 and the results of the study conducted under section 322(b) of such Act of 2000. (2) Report.--Not later than 6 months after the date of the enactment of this Act, such Administrator shall submit to Congress a report on such evaluation.

Medicare Rural Access Preservation Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to covered outpatient department (OPD) services furnished in sole community hospitals during 2003 or 2004, to require that the payment due be increased by the difference between the two amounts whenever the prospective payment system (PPS) amount is less than the pre-BBA amount (the amount determined before enactment of the Balanced Budget Act of 1997).Increases by 20 percent the Medicare payment for home health care furnished in a frontier area during 2003 through 2006.Permits hospitals to increase temporarily above 15 the number of acute care inpatient beds, provided the hospital will maintain an annual average daily inpatient census of not more than 12 beds.Increases by 15 percent the Medicare payment for hospice care furnished in a frontier area during 2003 through 2006.Prohibits the Secretary of Human Services and a fiscal intermediary from taking action to deny payment for hospice care for an individual on the basis that the individual is not terminally ill if the individual dies within six months of the date admitted into the hospice program. Directs the Administrator of the Centers for Medicare and Medicaid Services to evaluate the standards used by fiscal intermediaries in denying a physician certification that an individual is terminally ill.

To amend title XVIII of the Social Security Act to protect and preserve access of Medicare beneficiaries to health care in rural areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Debit Card Protection Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) There has been a recent trend toward issuing debit cards which can be used like credit cards, largely as replacements for debit cards which could be used only with a personal identification number at automated teller machines and a limited number of retail establishments. (2) According to industry analysts, as many as 1,300,000 new debit cards which can be used like credit cards are issued each month. (3) If current trends continue, debit cards that can be used like credit cards will soon rival the popularity of credit cards and some banking experts predict that more than \2/3\ of the households in the United States will have such a card by the year 2000. (4) Many times, debit cards that can be used like credit cards have been issued without providing adequate disclosure that-- (A) the card may be used to initiate an electronic fund transfer without the use of a personal identification number or similar code or means of access; and (B) even though the card may carry a logo associated with credit cards, the card is not a credit card and the consumer may bear a significantly larger liability for an unauthorized transaction involving such debit card than would be the case for a similar unauthorized transaction involving a credit card. (5) Thus, millions of Americans are-- (A) receiving cards in a form they didn't request; and (B) are carrying such cards around with them-- (i) without realizing that the cards have an expanded capability without the protections against unauthorized transfers which are typical of cards issued to make cash withdrawals from automated teller machines; and (ii) without fully appreciating the risks associated with such cards. (5) Economic stimulation would be enhanced and competition among the various financial institutions and other companies which issue debit cards would be strengthened by the informed use of debit cards by consumers. SEC. 3. DEBIT CARD CONSUMER PROTECTION. (a) Issuance of Debit Cards.--Section 911 of the Electronic Fund Transfer Act (15 U.S.C. 1693i) is amended by adding at the end the following new subsections: ``(d) Warning to Consumer.-- ``(1) In general.--If, in response to a request or application by a consumer for a card for use in initiating electronic fund transfers at automated teller machines and other electronic terminals which require a code or other unique form of identification in order to access the account of the consumer, a financial institution issues a card which can be used to initiate electronic fund transfers from the account of the consumer without the protection of a code or other means of access which uniquely identifies the consumer, the issuer of such card shall include a statement in bold type in a prominent and conspicuous location on such card, or on a notice accompanying the card, which warns the consumer that such card can be used without a code or means of access which uniquely identifies the consumer and protects the consumer from unauthorized transfers. ``(2) Replacement cards.--Paragraph (1) shall not apply with respect to a card issued as a replacement for, or in renewal of, a card previously issued to the consumer which can be used to initiate electronic fund transfers from the account of the consumer without the protection of a code or other means of access which uniquely identifies the consumer. ``(3) Signature not treated as means of access which uniquely identifies consumer.--A signature shall not be treated as a means of access which uniquely identifies the consumer for purposes of this section. ``(e) Preference of Consumer.--If-- ``(1) in response to a request or application by a consumer for a card for use in initiating electronic fund transfers at automated teller machines and other electronic terminals which requires a code or other unique form of identification in order to access the account of the consumer, a financial institution issues a card which can be used to initiate electronic fund transfers from the account of the consumer without the protection of a code or other means of access which uniquely identifies the consumer; and ``(2) the consumer refuses to accept the card as issued, the issuer shall promptly issue such consumer a card which requires a code or other unique form of identification in order to access the account of the consumer.''. (b) Liability of Consumer for Unauthorized Transfers.-- (1) Consumer liability limited to $50.--Section 909(a) of the Electronic Fund Transfer Act (15 U.S.C. 1693g(a)) is amended by striking the penultimate sentence and the last sentence. (2) Consumer not liable if the only form of identification required is a signature.--The 1st sentence of section 909(a) of the Electronic Fund Transfer Act (15 U.S.C. 1693g(a)) is amended by striking ``signature, photograph,'' and inserting ``photograph''. (c) Provisional Recredit Provisions.-- (1) Provisional recredit after 3 days.--Section 908(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693f(c)) is amended by striking ``ten business days'' and inserting ``3 business days''. (2) Provisional recredit required upon notice of error involving transactions initiated without code or unique access.-- (A) In general.--Section 908(c) of the Electronic Fund Transfer Act (as amended by paragraph (1) of this subsection) is amended-- (i) by striking ``(c) If a financial institution'' and inserting ``(c) Provisional Recredit in Case of Error.-- ``(1) In general.--If a financial institution''; and (ii) by adding at the end the following new paragraph: ``(2) Provisional recredit required upon notice of error involving transactions initiated without code or unique access.--Notwithstanding any other provision of this section, if a financial institution receives notice of an error involving an electronic fund transfer initiated by the use of a card without a code or means of access which uniquely identifies the consumer-- ``(A) the financial institution shall provisionally recredit the consumer's account for the amount alleged to be in error, subject to section 909, including interest where applicable, before the end of the 3- business-day period beginning on the date the institution receives such notice; ``(B) the institution shall complete an investigation and make a determination of whether an error has occurred before the end of the 45-day period beginning on such date; and ``(C) the consumer shall have full use of the funds provisionally recredited until such determination is made.''. (B) Technical and conforming amendment.--The last sentence of section 908(a) is amended by striking ``subsection (c), nor shall the financial institution be'' and inserting ``subsection (c) until such written confirmation is received, and the financial institution shall not be''. (d) Requirement Relating to Consumer Inquiries and Notices.-- Section 906(c)(4) of the Electronic Fund Transfer Act (15 U.S.C. 1693d(c)(4)) is amended by striking ``the address and telephone number'' and all that follows through the 1st period and inserting ``the address and telephone number at which the financial institution can be contacted directly by the consumer for purposes of notifying the institution of an error (including an unauthorized transaction) with regard to the consumer's account, for purposes of notifying the institution of the loss or theft of a card, code, or other means of access to such account, or for purposes of making any inquiry with regard to the statement or the account. The information provided under this paragraph shall include a detailed description of the procedures required to be followed by the consumer in providing any such notice, any requirement that any such notice be in writing, any applicable time limits for providing any such notice and the consequences of any failure by the consumer to meet any such time limit, and any other information the Board may require, by regulation, in order to ensure that the rights of the consumer under this title are fully protected.''. (e) Disclosures Required as Precondition for Consumer Liability for Unauthorized Transfers.--The 1st sentence of section 909(a) of the Electronic Fund Transfer Act (15 U.S.C. 1693g(a)) (as amended by subsection (b)(2) of this section) is amended-- (1) by striking ``means of access and if the issuer'' and inserting ``means of access, if the issuer''; and (2) by inserting ``, if, in the most recent statement of account, such issuer has provided the consumer with the information required under section 906(c)(4), and if, in the case of an unauthorized transfer initiated by the use of a card without the protection of a code or other means of access which uniquely identifies the consumer, the issuer complied with the requirements of section 911(d)(1) at the time such card (or any card for which such card is a replacement) was issued to the consumer'' before the period at the end of such sentence. (f) Prohibition on Fees for Insufficient Funds in Case of Certain Unauthorized Transfers.--Section 909 of the Electronic Fund Transfer Act (15 U.S.C. 1693g) is amended by adding at the end the following new subsection: ``(f) Prohibition on Certain Fees.-- ``(1) In general.--A consumer shall not be liable for any fee imposed by a financial institution for insufficient funds in the account of the consumer if the lack of sufficient funds in such account is due to an unauthorized electronic fund transfer (from such account) initiated by the use of a card without the protection of a code or other means of access which uniquely identifies the consumer. ``(2) Prompt recredit of prior fees.--Upon receiving notice from a consumer of an alleged unauthorized transaction, a financial institution shall promptly credit the account of a consumer for any fee described in paragraph (1) which was imposed before such notice was received.''.

Consumer Debit Card Protection Act - Amends the Electronic Fund Transfer Act with respect to a financial institution which issues electronic fund transfer cards for consumer accounts without a means of unique individual identification. Requires such an institution to include on the card a prominent and conspicuous consumer protection warning that the card can be used without a code or unique identifier. Provides that, if a consumer applies for a card requiring a code or other unique identifier, the institution issues a card without such an identifier, and the consumer refuses to accept it, the institution shall promptly issue the consumer a card which does require such a code or identifier to access a consumer account. Declares that a signature shall not be treated as a unique identifier. Repeals guidelines governing consumer reimbursement and maximum liability for losses caused by the consumer's failure to timely report unauthorized electronic fund transfers. Limits consumer liability to a $50 maximum in all circumstances. Excepts a consumer from liability for unauthorized electronic fund transfers if the only required form of identification is a signature. Reduces from ten to three business days the period within which a financial institution may provide a provisional recredit of a consumer's account upon timely notice of error. Mandates provisional recredit of a consumer's account, including interest, upon receipt of notice of an error involving an electronic fund transfer initiated by the use of a card without a means of access which uniquely identifies the consumer. Modifies the loss or theft of card notification information required on monthly account statements as a precondition for consumer liability for unauthorized transfers. Precludes consumer liability for fees for insufficient funds due to an unauthorized electronic fund transfer executed by the use of a card lacking a protective device to serve as a unique identifier of the rightful consumer. Requires prompt recrediting of the consumer's account for any fee imposed before receipt of the consumer's notice of an unauthorized electronic fund transfer.

Consumer Debit Card Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Orderly and Responsible Transit of Shipments Act of 2015'' or the ``PORTS Act''. SEC. 2. ADDRESSING PORT SLOW-DOWNS, STRIKES, AND LOCK-OUTS. (a) National Emergencies.--Section 206 of the Labor Management Relations Act, 1947 (29 U.S.C. 176) is amended-- (1) in the first sentence-- (A) by striking ``Whenever in the opinion'' and inserting ``(a) Whenever in the opinion''; (B) by striking ``a threatened or actual strike or lock-out'' and inserting ``a slow-down, or a threatened or an actual strike or lock-out,''; (C) by striking ``he may appoint'' and inserting ``the President may appoint''; and (D) by striking ``to him within such time as he shall prescribe'' and inserting ``to the President within such time as the President shall prescribe and in accordance with the third sentence of this paragraph''; (2) in the third sentence, by striking ``The President'' and inserting ``Not later than 30 days after appointing the board of inquiry, the President''; and (3) by adding at the end the following: ``(b)(1) Whenever in the opinion of any Governor of a State or territory of the United States, a slow-down, or a threatened or an actual strike or lock-out, occurring at one or more ports in the United States, is affecting an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged in the production of goods for commerce, will, if permitted to occur or to continue, imperil national or State health or safety, the Governor may request the President to appoint a board of inquiry under subsection (a). ``(2)(A) If the President does not appoint a board of inquiry within 10 days of receiving a request under paragraph (1), the Governor who made the request under such paragraph may appoint a board of inquiry to inquire into the issues involved in the dispute and prepare and submit, to the Governor and the President, a written report as described in subparagraph (B) within such time as the Governor shall prescribe and in accordance with the deadline under subparagraph (C). ``(B) The report described in this subparagraph shall include a statement of the facts with respect to the dispute, including a statement from each party to the dispute describing the position of such party, but shall not contain any recommendations. ``(C) Not later than 30 days after appointing a board of inquiry under subparagraph (A), the Governor shall-- ``(i) file a copy of the report described in subparagraph (B) with the Service; and ``(ii) make the contents of such report available to the President and the public. ``(c) Any Governor of a State or territory of the United States (referred to in this subsection as the `supplementing Governor') may submit to the President or Governor who appointed a board of inquiry under subsection (a) or (b) a supplement to the report under such subsection that includes data pertaining to the impact on the State or territory of the supplementing Governor of a slow-down, or threatened or actual strike or lock-out, at 1 or more ports. Upon receiving such supplement, the President or Governor shall file such supplement with the Service and make the contents of such supplement available to the public. ``(d) For each dispute, only one board of inquiry may be appointed under subsection (a) or (b)(2) during any 90-day period.''. (b) Boards of Inquiry.--Section 207(a) of the Labor Management Relations Act, 1947 (29 U.S.C. 177) is amended by striking ``as the President shall determine,'' and inserting ``as the President shall determine for a board of inquiry appointed under section 206(a), or as the Governor shall determine for a board of inquiry appointed by such Governor under section 206(b)(2),''. (c) Injunctions During National Emergencies.--Section 208 of the Labor Management Relations Act, 1947 (29 U.S.C. 178) is amended-- (1) in subsection (a)-- (A) in the matter preceding clause (i)-- (i) by inserting ``appointed under subsection (a) or (b)(2) of section 206'' after ``board of inquiry''; (ii) by striking ``strike or lock-out or the continuing thereof'' and inserting ``slow- down, or threatened or actual strike or lock- out, or the continuing thereof''; and (iii) by striking ``such threatened or actual strike or lock-out'' and inserting ``such slow-down, or threatened or actual strike or lock-out, or the continuing thereof''; and (B) in clause (ii), by striking ``strike or lock- out or the continuing thereof'' and inserting ``slow- down, strike, or lock-out, or the continuing thereof''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: ``(b)(1) If a slow-down, or a threatened or an actual strike or lock-out, is occurring at one or more ports and the President does not direct the Attorney General to make a petition under subsection (a) within 10 days of receiving a report from a board of inquiry appointed under subsection (a) or (b)(2) of section 206, any Governor of a State or territory of the United States in which such port or ports are located may direct the attorney general of such State or territory to petition the district court of the United States having jurisdiction in such State or territory to enjoin such slow-down, or threatened or actual strike or lock-out, or the continuing thereof, at the port or ports within such State or territory. ``(2) The district court described in paragraph (1) shall have jurisdiction to enjoin any slow-down, threatened or actual strike or lock-out, or continuing thereof, and to make such other orders as may be appropriate, if such court determines that such slow-down or threatened or actual strike or lock-out-- ``(A) affects an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission, or communication within the applicable State or territory, or engaged in the production of goods for commerce; and ``(B) if permitted to occur or to continue, will imperil national or State health and safety.''. (d) Reconvening of Boards of Inquiry; NLRB Secret Ballots.--Section 209(b) of the Labor Management Relations Act, 1947 (29 U.S.C. 179(b)) is amended-- (1) in the first sentence, by striking ``Upon the issuance of such order, the President'' and inserting ``(1) Upon the issuance of any such order, the President or the Governor, as the case may be,''; (2) in the second sentence, by striking ``report to the President'' and inserting ``report to the President and any Governor who initiated an action under section 206(b) or 208(b)''; (3) in the third sentence, by striking ``The President'' and inserting ``The President or the Governor, as the case may be,''; (4) in the fourth sentence-- (A) by striking ``The National Labor Relations Board, within the succeeding fifteen days, shall take a secret ballot'' and inserting the following: ``(2) Not later than 15 days after the board of inquiry submits a report under paragraph (1), the National Labor Relations Board, subject to paragraph (3), shall take a secret ballot''; (B) by striking ``as stated by him'' and inserting ``as stated by the employer''; and (C) by striking ``Attorney General'' and inserting ``Attorney General or State attorney general, whichever sought the injunction,''; and (5) by adding at the end the following: ``(3) For each dispute, the National Labor Relations Board shall take not more than 1 secret ballot in any 30-day period for the same employees.''. (e) Discharge of Injunctions.--Section 210 of the Labor Management Relations Act, 1947 (29 U.S.C. 180) is amended-- (1) in the first sentence, by striking ``the Attorney General'' and inserting ``the Attorney General, or the State attorney general, whichever sought the injunction,''; and (2) in the second sentence, by striking ``the President'' and inserting ``the President, or any Governor who initiated an action under section 208(b),''. SEC. 3. GAO STUDY. (a) Study.--The Comptroller General of the United States shall carry out a study of the West Coast ports slowdown to-- (1) study the economic impact of the slowdowns and congestion caused by the negotiations on the Nation as a whole as well as each port; (2) review steps taken by the Federal Mediation and Conciliation Service (FMCS) to resolve the dispute; (3) identify steps FMCS and the Administration could have taken sooner to facilitate an agreement; and (4) determine what legislative changes could strengthen these tools and result in more timely intervention. (b) Report.--Not later than the end of the 12-month period beginning on the date of the enactment of this Act, the Comptroller General shall issue a report to Congress containing all findings and determinations made in carrying out the study required under subsection (a).

Protecting Orderly and Responsible Transit of Shipments Act of 2015 or the PORTS Act This bill amends the Labor Management Relations Act, 1947 to extend to labor slowdowns occurring at U.S. ports the President's authority to appoint a board of inquiry into the issues involved. State and territorial governors shall have authority to request the President to appoint a board of inquiry if a slowdown, or a threatened or an actual strike or lock-out, occurring at one or more U.S. ports will, if continued, imperil national or state health or safety. If the President does not appoint a board of inquiry within 10 days after receiving a request, the governor who made the request may appoint one to report on the dispute to the governor and the President, although without recommendations. Supplemental reports are also authorized. Boards of inquiry are limited to one that may appointed for each dispute during a 90-day period. Governors may also petition for injunctions against such labor or management actions affecting ports in their states or territories. The National Labor Relations Board, for each dispute, shall take not more than one secret ballot for the same employees in any 30-day period. The Government Accountability Office shall study the West Coast ports slowdown to: study the economic impact of the slowdowns and congestion caused by the negotiations on the nation as a whole as well as each port, review steps taken by the Federal Mediation and Conciliation Service (FMCS) to resolve the dispute, identify steps FMCS and the Administration could have taken sooner to facilitate an agreement, and determine what legislative changes could strengthen these tools and result in more timely intervention.

PORTS Act

SECTION 1. ESTABLISHMENT OF UNITS OF THE NATIONAL GUARD IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. (a) Title 32 (National Guard) Amendments.-- (1) Definitions.--Section 101 of title 32, United States Code, is amended-- (A) in paragraph (4), by striking ``Puerto Rico'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; (B) in paragraph (6), by striking ``Puerto Rico'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (C) in paragraph (19), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (2) Branches and organizations.--Section 103 of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (3) Units: location; organization; command.--Section 104 of such title is amended-- (A) in subsection (a), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; (B) in subsection (c), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (C) in subsection (d), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (4) Availability of appropriations.--Section 107(b) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (5) Maintenance of other troops.--Section 109 of such title is amended by striking ``Puerto Rico,'' each place it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (6) Drug interdiction and counter-drug activities.--Section 112(h)(3) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (7) Enlistment oath.--Section 304 of such title is amended by striking ``or of Puerto Rico'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (8) Adjutants general.--Section 314 of such title is amended by striking ``Puerto Rico,'' both places it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (9) Detail of regular members.--Section 315 of such title is amended by striking ``Puerto Rico,'' each place it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (10) Termination of appointment.--Section 324(b) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (11) Relief from national guard duty when ordered to active duty.--Section 325 of such title is amended-- (A) in subsection (a), by striking ``Puerto Rico,'' each place it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; (B) in subsection (b), by striking ``Puerto Rico'' and inserting ``Puerto Rico or the Commonwealth of the Northern Mariana Islands''. (12) Composition of courts-martial.--Section 326 of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (13) Convening authority of courts-martial.--Section 327(a) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (14) Governor's authority.--Section 328(a) of such title is amended by striking ``or the Commonwealth of Puerto Rico,'' and inserting ``, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (15) Training generally.--Section 501(b) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (16) Support of training operations and training missions.--Section 502(f)(2)(B)(i) of such title is amended by striking ``or the Commonwealth of Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (17) Participation in field exercises.--Section 503(b) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (18) National guard schools and small arms competitions.-- Section 504(b) of such title is amended by striking ``Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (19) Attendance at army and air force schools.--Section 505 of such title is amended in the first sentence by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (20) National guard youth challenge program.--Section 509(l)(1) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (21) Issue of supplies.--Section 702 of such title is amended-- (A) in subsection (a), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (B) in subsections (b), (c), and (d), by striking ``Puerto Rico'' each place it appears and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (22) Purchases of supplies from army or air force.--Section 703 of such title is amended by striking ``Puerto Rico,'' both places it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (23) Accountability.--Section 704 of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (24) Property and fiscal officers.--Section 708 of such title is amended by striking ``Puerto Rico,'' both places it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (25) Employment, use, and status of technicians.--Section 709(a)(3)(C) of such title is amended by striking ``or the Commonwealth of Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (26) Accountability for property issued to the national guard.--Section 710 of such title is amended by striking ``Puerto Rico,'' each place it appears and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (27) Disposition of obsolete or condemned property.-- Section 711 of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (28) Disposition of proceeds of condemned stores issued to national guard.--Section 712(1) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (29) Settlements for property loss, personal injury, or death.--Section 715(c) of such title is amended by striking ``or Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands''. (30) Homeland defense activities.--Section 901(2) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (b) Title 10 Amendments.-- (1) Definitions.--Section 101 of title 10, United States Code, is amended-- (A) in subsection (c)-- (i) paragraph (2), by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (ii) in paragraph (4), by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (B) in subsection (d)(5), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (2) Militia duty exemptions.--Section 312(a)(2) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (3) Articles of uniform.--Section 771(c) of such title is amended by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (4) Detail of army national guard as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--Section 4301(c) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (5) Detail of air national guard as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--Section 9301(c) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (6) Definition of state for division e.--Section 10001 of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (7) Training of military technicians (dual status).-- Section 10216(a)(3)(C) of such title is amended by striking ``or the Commonwealth of Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (8) Commissioned officers original appointment.--Section 12204(b) of such title is amended by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (9) Detail for organizing, administering, etc., reserve components.--Section 12310 of such title is amended-- (A) in subsection (b)(4), by striking ``or the Commonwealth of Puerto Rico'' and inserting ``, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (B) in subsection (c)(7), by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (10) Standards and qualifications for commissioned officers.--Section 12642(c) of such title is amended by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (11) Facilities for reserve components.--Section 18232(1) of such title is amended by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth of the Northern Mariana Islands,''. (c) Title 37 Definitions.--Section 101 of title 10, United States Code, is amended-- (1) paragraph (7), by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''; and (2) in paragraph (9), by striking ``Puerto Rico,'' and inserting ``the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,''.

Authorizes the establishment of units of the National Guard in the Commonwealth of the Northern Mariana Islands. Requires that there be an adjutant general in such Commonwealth. Directs the Secretary of the Army and Secretary of the Air Force, respectively, to detail commissioned officers and enlisted members of the Regular Army and Regular Air Force to such Commonwealth.

To amend titles 10, 32, and 37 of the United States Code to authorize the establishment of units of the National Guard in the Commonwealth of the Northern Mariana Islands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Prevention Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The President's Emergency Plan for AIDS Relief (in this Act referred to as ``PEPFAR'') is an unprecedented effort to combat the global AIDS epidemic, with $9,000,000,000 targeted for initiatives in 15 focus countries. (2) The PEPFAR prevention goal is to avert 7,000,000 HIV infections in the 15 focus countries--most in sub-Saharan Africa, where heterosexual intercourse is by far the predominant mode of HIV transmission. (3) According to the Joint United Nations Programme on HIV/ AIDS, young people between the ages of 15 and 24 years old are ``the most threatened by AIDS'' and ``are at the centre of HIV vulnerability''. Globally, young people between the ages of 10 and 24 years old account for \1/2\ of all new HIV cases each year. About 7,000 young people in this cohort contract the virus every day. (4) A recent review funded by the United States Agency for International Development found that sex and HIV education programs that encourage abstinence but also discuss the use of condoms do not increase sexual activity as critics of sex education have long alleged. Sex education can help delay the initiation of intercourse, reduce the frequency of sex and the number of sexual partners, and also increase condom use. (5) The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et seq.) requires that at least \1/3\ of all prevention funds be reserved for abstinence-until-marriage programs. (6) A congressionally mandated review by the Institute of Medicine of the first 3 years of PEPFAR unequivocally recommends greater flexibility in the global fight against AIDS. The March 2007 Institute of Medicine report entitled ``PEPFAR Implementation: Progress and Promise'' calls for greater emphasis on prevention than the law currently allows and says that ``removal of the abstinence-until-marriage'' earmark, among other changes, ``could enhance the quality, accountability, and flexibility'' of prevention efforts. (7) The Institute of Medicine report further found that the abstinence-until-marriage earmark ``has greatly limited the ability of Country Teams to develop and implement comprehensive prevention programs that are well integrated with each other and with counseling and testing, care and treatment programs and that target those populations at greatest risk''. (8) The Institute of Medicine report also found that the earmark has ``limited PEPFAR's ability to tailor its activities in each country to the local epidemic and to coordinate with . . . the countries' national plans''. (9) The Institute of Medicine report is in keeping with the conclusions of a report issued in 2006 by the Government Accountability Office. The GAO report, entitled ``Spending Requirement Presents Challenges for Allocating Funding under the President's Emergency Plan for AIDS Relief'', found ``significant challenges'' associated with meeting the earmark for abstinence-until-marriage programs. (10) The Government Accountability Office found that a majority of country teams report that fulfilling the requirement presents challenges to their ability to respond to local epidemiology and cultural and social norms. (11) The Government Accountability Office found that, although some country teams may be exempted from the abstinence-until-marriage spending requirement, country teams that are not exempted have to spend more than the 33 percent of prevention funds on abstinence-until-marriage activities-- sometimes at the expense of other programs. (12) The Government Accountability Office found that, as a result of the abstinence-until-marriage spending requirement, some countries have had to reduce planned funding for Prevention of Mother-to-Child Transmission programs, thereby limiting services for pregnant women and their children. (13) The Government Accountability Office found that the abstinence-until-marriage spending requirement limited or reduced funding for programs directed to high-risk groups, such as services for married discordant couples, sexually active youth, and commercial sex workers. (14) The Government Accountability Office found that the abstinence-until-marriage spending requirement made it difficult for countries to fund medical and blood safety activities. (15) The Government Accountability Office found that, because of the abstinence-until-marriage spending requirement, some countries would likely have to reduce funding for condom procurement and condom social marketing. (16) In addition, the Government Accountability Office found that \2/3\ of focus country teams reported that the policy for implementing PEPFAR's ABC model (defined as ``Abstain, Be faithful, use Condoms'') is unclear and open to varying interpretations, causing confusion about which groups may be targeted and whether youth may receive the ABC message. (17) The Government Accountability Office found that the ABC guidance does not clearly delineate permissible ``C'' activities under the ABC model. Program staff reported that they feel ``constrained'' by restrictions on promoting or marketing condoms to youth. Other country teams reported confusion about whether PEPFAR funds may be used for broad condom social marketing, even to adults in a generalized epidemic. (18) Young people are our greatest hope for changing the course of the AIDS epidemic. According to the World Health Organization, ``[f]ocusing on young people is likely to be the most effective approach to confronting the epidemic, particularly in high prevalence countries''. SEC. 3. ENSURING BALANCED FUNDING FOR HIV PREVENTION METHODS. (a) Sense of Congress on Abstinence-Until-Marriage Funding Requirement.--Section 402(b)(3) of the United States Leadership Against HIV/AIDS, Tuburculosis, and Malaria Act of 2003 (22 U.S.C. 7672(b)(3)) is amended by striking ``, of which such amount at least 33 percent should be expended for abstinence-until-marriage programs''. (b) Elimination of Abstinence-Until-Marriage Funding Requirement.-- Section 403(a) of such Act (22 U.S.C. 7673(a)) is amended by striking the second sentence.

HIV Prevention Act of 2007 - Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to eliminate the HIV/AIDS abstinence-until marriage funding set-aside.

A bill to provide additional assistance to combat HIV/AIDS among young people, and for other purposes.

SECTION 1. MAKING IT ILLEGAL TO OPERATE A MOTOR VEHICLE WITH A DRUG OR ALCOHOL IN THE BODY OF THE DRIVER AT LAND BORDER PORTS OF ENTRY. Section 13(a) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end the following: ``(2) Whoever with a drug or alcohol in his or her body operates a motor vehicle at a land border port of entry in a manner that is punishable, because of the presence of the drug or alcohol, if committed within the jurisdiction of the State in which that land border port of entry is located (under the laws of that State in force at the time of the act) shall be guilty of a like offense and subject to a like punishment. ``(3) Any individual who operates a motor vehicle at a land border port of entry is deemed to have given consent to submit to a chemical or other test of the blood, breath, or urine of the driver by an officer or employee of the Immigration and Naturalization Service authorized under section 287(h) of the Immigration and Nationality Act (8 U.S.C. 1357(h)) for the purpose of determining the presence or concentration of a drug or alcohol in such blood, breath, or urine. ``(4) If an individual refuses to submit to such a test after being advised by the officer or employee that the refusal will result in notification under this paragraph, the Attorney General shall give notice of the refusal to-- ``(A) the State or foreign state that issued the license permitting the individual to operate a motor vehicle; or ``(B) if the individual has no such license, the State or foreign state in which the individual is a resident. ``(5) The Attorney General shall give notice of a conviction of an individual under this section for operation of a motor vehicle at a land border port of entry with a drug or alcohol in the body of the individual, to-- ``(A) the State or foreign state that issued the license permitting the individual to operate a motor vehicle; or ``(B) if the individual has no such license, the State or foreign state in which the individual is a resident. ``(6) For purposes of this subsection, the term `land border port of entry' means any land border port of entry (as defined in section 287(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1357(h)(3))) that was not reserved or acquired as provided in section 7 of this title.''. SEC. 2. AUTHORIZING OFFICERS AND EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE TO CONDUCT TESTS FOR A DRUG OR ALCOHOL. Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following: ``(h)(1) If an officer or employee of the Service authorized under regulations prescribed by the Attorney General is inspecting a driver at a land border port of entry and has reasonable grounds to believe that, because of alcohol in the body of the driver, operation of a motor vehicle by the driver is an offense under section 13 of title 18, United States Code, the officer or employee may require the driver to submit to a test of the breath of the driver to determine the presence or concentration of the alcohol. ``(2) If an officer or employee of the Service authorized under regulations prescribed by the Attorney General arrests a driver under this section for operation of a motor vehicle in violation of section 13 of title 18, United States Code, because of a drug or alcohol in the body of the driver, the officer or employee may require the driver to submit to a chemical or other test to determine the presence or concentration of the drug or alcohol in the blood, breath, or urine of the driver. ``(3) For purposes of this subsection: ``(A) The term `driver' means an individual who is operating a motor vehicle at a land border port of entry. ``(B) The term `land border port of entry' means any immigration checkpoint operated by the Immigration and Naturalization Service at a land border between a State (as that term is used in section 13 of title 18, United States Code) and a foreign state.''. SEC. 3. REQUIRING NOTICE AT LAND BORDER PORTS OF ENTRY REGARDING OPERATION OF A MOTOR VEHICLE AND DRUGS AND ALCOHOL. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 294 (8 U.S.C. 1363a) the following: ``notice at land border ports of entry regarding operation of a motor vehicle and drugs and alcohol ``Sec. 295. At each point where motor vehicles regularly enter a land border port of entry (as defined in section 287(h)(3)), the Attorney General shall post a notice that operation of a motor vehicle with a drug or alcohol in the body of the driver at a land border port of entry is an offense under Federal law.''. (b) Clerical Amendment.--The first section of the Immigration and Nationality Act is amended in the table of contents by inserting after the item relating to section 294 the following: ``Sec. 295. Notice at land border ports of entry regarding operation of a motor vehicle and drugs and alcohol.''. SEC. 4. IMPOUNDMENT OF VEHICLE FOR REFUSAL TO SUBMIT TO TEST FOR DRUG OR ALCOHOL. Not more than 180 days after the date of the enactment of this Act, the Attorney General shall issue regulations authorizing an officer or employee of the Immigration and Naturalization Service to impound a vehicle operated at a land border port of entry, if-- (1) the individual who operates the vehicle refuses to submit to a chemical or other test under section 13(a)(3) of title 18, United States Code; and (2) the impoundment is not inconsistent with the laws of the State in which the port of entry is located. SEC. 5. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act. Passed the House of Representatives October 16, 2002. Attest: Clerk.

(Sec. 1) Amends the Federal criminal code to prohibit any person from operating a motor vehicle at a land border port of entry with a drug or alcohol in his or her body in violation of applicable State law. Deems any individual who operates a motor vehicle at a land border port of entry to have given consent to submit to a blood, breath, or urine test for drugs or alcohol by an Immigration and Naturalization Service (INS) officer. Directs the Attorney General to notify an individual's State (or foreign state) of motor vehicle licensing or residence of an individual's: (1) refusal to submit to testing; and (2) conviction for violating this section.(Sec. 2) Amends the Immigration and Nationality Act to authorize an INS officer who: (1) has reasonable grounds to believe that a driver at a land border port of entry may be operating a motor vehicle under the influence of alcohol to require the driver to submit to a breath test; and (2) arrests a driver for operation of a motor vehicle under the influence of drugs or alcohol to require the driver to submit to a blood, breath, or urine test.(Sec. 3) Requires the Attorney General to post notice at each land border port of entry that operation of a motor vehicle with a drug or alcohol in the driver's body at such port of entry is a Federal offense.(Sec. 4) Requires the Attorney General to issue regulations authorizing an INS officer to impound a vehicle operated at a land border port of entry if: (1) the driver refuses to submit to a chemical or other test; and (2) the impoundment is not inconsistent with the laws of the State in which the port of entry is located.

To amend title 18, United States Code, to make it illegal to operate a motor vehicle with a drug or alcohol in the body of the driver at a land border port of entry, and for other purposes.