FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. CLASS III CERTIFICATION. (a) In General.--Section 11(d) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)) is amended-- (1) in paragraph (1)(C), by inserting after ``paragraph (3)'' the following: ``, or with a class III certificate issued pursuant to paragraph (10),''; (2) in paragraph (2)(C), by inserting after ``paragraph (3) by the Indian tribe'' the following: ``or the class III certificate issued pursuant to paragraph (10)''; (3) in paragraph (3)(A), by striking ``the State shall negotiate with the Indian tribe'' and inserting the following: ``the State may consent to enter into good faith negotiations with the tribe to enter into such a compact,''; (4) by amending paragraph (6) to read as follows: ``(6) The provisions of section 5 of the Act of January 2, 1951 (64 Stat. 1135; 15 U.S.C. 1175), shall not apply to any gaming conducted-- ``(A) under a Tribal-State compact entered into under paragraph (3) by a State in which gaming devices are legal; or ``(B) under a class III certificate issued pursuant to paragraph (10), which applies to gaming on Indian lands located in a State in which gaming devices are legal; and ``(C) is in effect.''; (5) in paragraph (7)(A)(i), by adding at the end the following: ``, if such State, pursuant to paragraph (7)(B)(i) or (9) consents in writing to the jurisdiction of the Federal court,''; (6) in paragraph (7)(A)(iii), by adding before the period at the end thereof the following: ``or a Class III certificate approved under paragraph (10)''; (7) in paragraph (7)(B)(vii) by-- (A) striking out ``and'' at the end of subclause (I); (B) striking out the period at the end of subclause (II) and inserting in lieu thereof ``, and''; and (C) adding at the end the following: ``(III) which do not include provisions which impose any obligation on a State to regulate such gaming.''; (8) by redesignating paragraph (9) as paragraph (11); and (9) by inserting after paragraph (8) the following new paragraphs: ``(9)(A) An Indian tribe may conduct Class III gaming pursuant to a Class III certificate issued by the Commission under paragraph (10). ``(B) A tribe may apply for a Class III certificate under paragraph (10) only if-- ``(i) a State fails to consent to the jurisdiction of the Federal court pursuant to paragraph (7)(A)(i) within 30 days of the effective date of this amendment or within 180 days of the delivery to the State of a request by a tribe for compact negotiations as provided for by paragraph (3)(A), whichever is longer, ``(ii) in an action brought against a State by a tribe, a State raises any defense to the jurisdiction of the Federal court on any grounds which are not curable by the tribal plaintiff, or ``(iii) the Federal court finds it lacks jurisdiction for any reason not curable by the tribe. ``(10)(A) A tribe otherwise permitted, pursuant to paragraph (9) to apply for a Class III certificate, may do so by submitting to the Commission, an application for a Class III certificate which meets the requirements of subparagraph (B). ``(B) The Commission shall approve any application for a Class III certificate if-- ``(i) the application provides that any gaming authorized under the Class III certificate be conducted in accordance with a tribal ordinance or resolution pursuant to paragraph (8), and ``(ii) the gaming activities proposed in the application are located in a State that permits such gaming for any purpose, by any person, organization, or entity. ``(C) The Commission may add regulatory or licensing provisions as a condition of approval for a Class III certificate if such amendments are reasonable and necessary to implement the purposes of this Act, except that the certificate may not include provisions which impose any obligation on a State to regulate such gaming. ``(D) If the Commission does not approve a Class III certificate properly submitted by a tribe under paragraph (9) or does not provide conditions of approval under subparagraph (C) before the date that is 45 days after the date on which the Class III certificate was submitted to the Commission for approval, the Class III certificate shall be considered to have been approved by the Commission, but only to the extent the Class III certificate is consistent with the provisions of this Act. ``(E) The Commission may impose upon tribes with Class III gaming certificates, an annual fee necessary to defray the reasonable costs of regulation, but not more than one-half of one percent of the net revenue derived from Class III gaming. Nothing in this subsection shall grant the Commission any power to impose any such fees on Class III gaming activities conducted pursuant to Tribal-State compacts.''. (b) Conforming Amendment.--Section 7(b) of the Indian Gaming Regulatory Act (25 U.S.C. 2706(b)) is amended-- (1) in paragraph (9), by striking ``and'' at the end thereof; (2) in paragraph (10), by striking the period at the end thereof and inserting in lieu thereof ``; and''; and (3) by adding at the end thereof the following: ``(11) shall approve and modify class III certificates as necessary to carry out the duties of the Commission under this chapter.''. (c) Conforming Amendment to Title 18.--Section 1166(c) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking out ``, or'' at the end thereof and inserting in lieu thereof a semicolon; (2) in paragraph (2), by striking out the period at the end and inserting in lieu thereof ``; or''; and (3) by adding at the end thereof the following: ``(3) gaming conducted in compliance with a class III certificate issued under section 11(d)(10) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(10).''. SEC. 2. AFFECT ON TRIBAL-STATE COMPACTS. Nothing in this Act, nor in any of the amendments made by this Act shall, in any way, impair the validity of any Tribal-State compact entered into pursuant to section 11(d) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)).

Amends the Indian Gaming Regulatory Act (the Act) to revise conditions under which a tribe may receive certification for certain types of gaming activities on Indian lands. Allows a State the option to consent to enter into negotiations with a tribe to enter into a class III gaming certification compact. Repeals the current mandate to do so. Allows a tribe to apply to the National Indian Gaming Commission (the Commission) for a class III gaming certificate if a State fails to consent to Federal court jurisdiction or raises a defense against such jurisdiction, or the Federal court finds it lacks such jurisdiction, for any reason not curable by the tribe. Directs the Commission to approve the application if such gaming will be conducted in accordance with a tribal ordinance or resolution and will be located in a State that permits such gaming for any purpose, by any person, organization, or entity. Authorizes the Commission to add regulatory or licensing provisions as a condition of such approval and to impose annual fees to defray reasonable costs of regulation. Considers an application approved if the Commission fails to act upon it within a specified time.

To amend the Indian Gaming Regulatory Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetically Engineered Food Right- to-Know Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1999, 98,600,000 acres in the United States were planted with genetically engineered crops, and more than \1/3\ of the soybean crop, and \1/4\ of the corn crop, in the United States was genetically engineered. (2) The process of genetically engineering foods results in the material change of such foods. (3) The health and environmental effects of genetically engineered foods are not yet known. (4) Individuals in the United States have the right to know whether food contains or has been produced with genetically engineered material. (5) Federal law gives individuals in the United States the right to know whether food contains artificial colors and flavors, chemical preservatives, and artificial sweeteners by requiring the labeling of such food. (6) Requirements that genetically engineered food be labeled as genetically engineered would increase consumer knowledge about, and consumer control over consumption of, genetically engineered food. (7) Genetically engineered material can be detected in food at levels as low as 0.1 percent by reasonably available technology. SEC. 3. LABELING REGARDING GENETICALLY ENGINEERED MATERIAL; AMENDMENTS TO FEDERAL FOOD, DRUG, AND COSMETIC ACT. (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 paragraph: ``(t)(1) If it contains a genetically engineered material, or was produced with a genetically engineered material, unless it bears a label (or labeling, in the case of a raw agricultural commodity) that provides notices in accordance with each of the following requirements: ``(A) The label or labeling bears the following notice: `GENETICALLY ENGINEERED'. ``(B) The label or labeling bears the following notice: `THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED MATERIAL, OR WAS PRODUCED WITH A GENETICALLY ENGINEERED MATERIAL'. ``(C) The notice required in clause (A) immediately precedes the notice required in clause (B) and the type for the notice required in clause (A) is not less than twice the size of the type for the notice required in clause (B). ``(D) The notice required in clause (B) is the same size as would be required if the notice provided nutrition information that is required in paragraph (q)(1). ``(E) The notices required in clauses (A) and (B) are clearly legible and conspicuous. ``(2) This paragraph does not apply to food that-- ``(A) is served in restaurants or other similar eating establishments, such as cafeterias and carryouts; ``(B) is a medical food as defined in section 5(b) of the Orphan Drug Act; or ``(C) was grown on a tree that was planted before the date of enactment of the Genetically Engineered Food Right-to-Know Act, in a case in which the producer of the food does not know if the food contains a genetically engineered material, or was produced with a genetically engineered material. ``(3) In this paragraph: ``(A) The term `genetically engineered material' means material derived from any part of a genetically engineered organism, without regard to whether the altered molecular or cellular characteristics of the organism are detectable in the material. ``(B) The term `genetically engineered organism' means-- ``(i) an organism that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introduction of a foreign gene, and a process that changes the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, or tissue culture; and ``(ii) an organism made through sexual or asexual reproduction, or both, involving an organism described in subclause (i), if possessing any of the altered molecular or cellular characteristics of the organism so described. ``(C) The term `produced with a genetically engineered material', used with respect to a food, means a food if-- ``(i) the organism from which the food is derived has been injected or otherwise treated with a genetically engineered material (except that the use of manure as a fertilizer for raw agricultural commodities may not be construed to be production with a genetically engineered material); ``(ii) the animal from which the food is derived has been fed genetically engineered material; or ``(iii) the food contains an ingredient that is a food to which subclause (i) or (ii) applies.''. (b) Guaranty.-- (1) In general.--Section 303(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(d)) is amended-- (A) by striking ``(d)'' and inserting ``(d)(1)''; and (B) by adding at the end the following paragraph: ``(2)(A) No person shall be subject to the penalties of subsection (a)(1) or (h) for a violation of section 301(a), 301(b), or 301(c) involving food that is misbranded within the meaning of section 403(t) if such person (referred to in this paragraph as the `recipient') establishes a guaranty or undertaking that-- ``(i) is signed by, and contains the name and address of, a person residing in the United States from whom the recipient received in good faith the food (including the receipt of seeds to grow raw agricultural commodities); and ``(ii) contains a statement to the effect that the food does not contain a genetically engineered material or was not produced with a genetically engineered material. ``(B) In the case of a recipient who, with respect to a food, establishes a guaranty or undertaking in accordance with subparagraph (A), the exclusion under such subparagraph from being subject to penalties applies to the recipient without regard to the manner in which the recipient uses the food, including whether the recipient is-- ``(i) processing the food; ``(ii) using the food as an ingredient in a food product; ``(iii) repacking the food; or ``(iv) growing, raising, or otherwise producing the food. ``(C) No person may avoid responsibility or liability for a violation of section 301(a), 301(b), or 301(c) involving food that is misbranded within the meaning of section 403(t) by entering into a contract or other agreement that specifies that another person shall bear such responsibility or liability, except that a recipient may require a guaranty or undertaking as described in this subsection. ``(D) In this paragraph, the terms `genetically engineered material' and `produced with a genetically engineered material' have the meanings given the terms in section 403(t).''. (2) False guaranty.--Section 301(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by inserting ``or 303(d)(2)'' before ``, which guaranty or undertaking is false'' the first place it appears. (c) Unintended Contamination.--Section 303(d) of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b)(1), is further amended by adding at the end the following paragraph: ``(3)(A) No person shall be subject to the penalties of subsection (a)(1) or (h) for a violation of section 301(a), 301(b), or 301(c) involving food that is misbranded within the meaning of section 403(t) if-- ``(i) such person is an agricultural producer and the violation occurs because food that is grown, raised, or otherwise produced by such producer, which food does not contain a genetically engineered material and was not produced with a genetically engineered material, is contaminated with a food that contains a genetically engineered material or was produced with a genetically engineered material (including contamination by mingling the 2 foods); and ``(ii) such contamination is not intended by the agricultural producer. ``(B) Subparagraph (A) does not apply to an agricultural producer to the extent that the contamination occurs as a result of the negligence of the producer.''. (d) Civil Penalties.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following subsection: ``(h)(1) With respect to a violation of section 301(a), 301(b), or 301(c) involving food that is misbranded within the meaning of section 403(t), any person engaging in such a violation shall be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each such violation. ``(2) Paragraphs (3) through (5) of subsection (g) apply with respect to a civil penalty assessed under paragraph (1) to the same extent and in the same manner as such paragraphs (3) through (5) apply with respect to a civil penalty assessed under paragraph (1) or (2) of subsection (g).''. SEC. 4. GRANTS FOR RESEARCH ON GENETICALLY ENGINEERED FOOD. Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at the end the following: ``SEC. 908. GRANTS FOR RESEARCH ON GENETICALLY ENGINEERED FOOD. ``(a) In General.--The Secretary may make grants to appropriate individuals, organizations, and institutions to conduct research into the public health and environmental risks associated with genetically engineered materials, food that contains a genetically engineered material, and food that is produced with a genetically engineered material, including risks related to-- ``(1) increased allergenicity; ``(2) increased toxicity; ``(3) cross-pollination between genetically engineered materials and materials that are not genetically engineered materials; and ``(4) interference with the soil ecosystem and other impacts on the ecosystem. ``(b) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated $5,000,000 for fiscal year 2001 to carry out the objectives of this section. ``(2) Availability.--Any sums appropriated under the authorization contained in this subsection shall remain available, without fiscal year limitation, until expended. ``(c) Definitions.--The terms `genetically engineered material' and `produced with a genetically engineered material' have the meanings given the terms in section 403(t)(3) of the Federal Food, Drug, and Cosmetic Act.''. SEC. 5. CONFORMING AMENDMENTS. (a) Section 1(n) of Public Law 90-201 is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if-- ``(A) it contains a genetically engineered material, or was produced with a genetically engineered material; and ``(B)(i) it does not bear a label or labeling, as appropriate, that provides the notices required under the terms and conditions of section 403(t) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(t)); or ``(ii) it is the subject of a false guaranty or undertaking, subject to the terms and conditions of section 303(d) of that Act (21 U.S.C. 333(d)) and subject to the penalties described in section 303(h) of that Act (21 U.S.C. 333(h)) and remedies available under this Act.''. (b) Section 4(h) of Public Law 85-172 is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if-- ``(A) it contains a genetically engineered material, or was produced with a genetically engineered material; and ``(B)(i) it does not bear a label or labeling, as appropriate, that provides the notices required under the terms and conditions of section 403(t) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(t)); or ``(ii) it is the subject of a false guaranty or undertaking, subject to the terms and conditions of section 303(d) of that Act (21 U.S.C. 333(d)) and subject to the penalties described in section 303(h) of that Act (21 U.S.C. 333(h)) and remedies available under this Act.''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act take effect 180 days after the date of enactment of this Act.

Authorizes grants to appropriate individuals, organizations, and institutions to conduct research into the public health and environmental risks associated with genetically engineered materials, food that contains a genetically engineered material, and food that is produced with a genetically engineered material. Authorizes appropriations.

Genetically Engineered Food Right-to-Know Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anabolic Steroid Control Act of 2003''. SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT. (a) Definitions.--Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (1) in paragraph (41)-- (A) by realigning the margin so as to align with paragraph (40); (B) by striking subparagraph (A) and inserting the following: ``(A) The term `anabolic steroid' means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and includes-- ``(i) androstanediol-- ``(I) 3b,17b-dihydroxy-5a-androstane; and ``(II) 3a,17b-dihydroxy-5a-androstane; ``(ii) androstanedione (5a-androstan-3,17-dione); ``(iii) androstenediol-- ``(I) 1-androstenediol (3b,17b-dihydroxy-5a- androst-1-ene); ``(II) 1-androstenediol (3a,17b-dihydroxy-5a- androst-1-ene); ``(III) 4-androstenediol (3b,17b-dihydroxy-androst- 4-ene); and ``(IV) 5-androstenediol (3b,17b-dihydroxy-androst- 5-ene); ``(iv) androstenedione-- ``(I) 1-androstenedione ([5a]-androst-1-en-3,17- dione); ``(II) 4-androstenedione (androst-4-en-3,17-dione); and ``(III) 5-androstenedione (androst-5-en-3,17- dione); ``(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-en- 3-one); ``(vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one); ``(vii) calusterone (7b,17a-dimethyl-17b-hydroxyandrost-4- en-3-one); ``(viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3- one); ``(ix) dehydrochlormethyltestosterone (4-chloro-17b- hydroxy-17a-methyl-androst-1,4-dien-3-one); ``(x) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one); ``(xi) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3- one); ``(xii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene); ``(xiii) fluoxymesterone (9-fluoro-17a-methyl-11b,17b- dihydroxyandrost-4-en-3-one); ``(xiv) formebolone (2-formyl-17a-methyl-11a,17b- dihydroxyandrost-1,4-dien-3-one); ``(xv) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]- furazan); ``(xvi) 18a-homo-17b-hydroxyestr-4-en-3-one (13b-ethyl-17b- hydroxygon-4-en-3-one); ``(xvii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4- en-3-one); ``(xviii) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy- estr-4-en-3-one); ``(xix) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3- one); ``(xx) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan-3- one); ``(xxi) methandienone (17a-methyl-17b-hydroxyandrost-1,4- dien-3-one); ``(xxii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-5- ene); ``(xxiii) methenolone (1-methyl-17b-hydroxy-5a-androst-1- en-3-one); ``(xxiv) methyltestosterone (17a-methyl-17b-hydroxyandrost- 4-en-3-one); ``(xxv) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-3- one); ``(xxvi) nandrolone (17b-hydroxyestr-4-en-3-one); ``(xxvii) norandrostenediol-- ``(I) 19-nor-4-androstenediol (3b, 17b- dihydroxyestr-4-ene); ``(II) 19-nor-4-androstenediol (3a, 17b- dihydroxyestr-4-ene); ``(III) 19-nor-5-androstenediol (3b, 17b- dihydroxyestr-5-ene); and ``(IV) 19-nor-5-androstenediol (3a, 17b- dihydroxyestr-5-ene); ``(xxviii) norandrostenedione-- ``(I) 19-nor-4-androstenedione (estr-4-en-3,17- dione); and ``(II) 19-nor-5-androstenedione (estr-5-en-3,17- dione; ``(xxix) norbolethone (18a-homo-17b-hydroxypregna-4-en-3- one); ``(xxx) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-one); ``(xxxi) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-3- one); ``(xxxii) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]- androstan-3-one); ``(xxxiii) oxymesterone (17a-methyl-4,17b-dihydroxyandrost- 4-en-3-one); ``(xxxiv) oxymetholone (17a-methyl-2-hydroxymethylene-17b- hydroxy-[5a]-androstan-3-one); ``(xxxv) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-2- eno[3,2-c]-pyrazole); ``(xxxvi) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-1- en-3-one); ``(xxxvii) testolactone (13-hydroxy-3-oxo-13,17- secoandrosta-1,4-dien-17-oic acid lactone); ``(xxxviii) 1-testosterone (17b-hydroxy-5a-androst-1-en-3- one); ``(xxxix) testosterone (17b-hydroxyandrost-4-en-3-one); ``(xl) tetrahydrogestrinone (13b,17a-diethyl-17b- hydroxygon-4,9,11-trien-3-one); ``(xli) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one); and ``(xlii) any salt, ester, or ether of a drug or substance described in this paragraph.''; and (C) by adding at the end the following: ``(C) Notwithstanding subparagraph (A), the Attorney General may not schedule Androstenedione as a controlled substance in accordance with this Act until the Attorney General receives a finding from the Commissioner of Food and Drugs relating to whether Androstenedione is lawfully marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.).''; and (2) in paragraph (44), by inserting ``anabolic steroids,'' after ``marihuana,''. (b) Authority and Criteria for Classification.--Section 201(g) of the Controlled Substances Act (21 U.S.C. 811(g)) is amended-- (1) in paragraph (1), by striking ``substance from a schedule if such substance'' and inserting ``drug which contains a controlled substance from the application of titles II and III of the Comprehensive Drug Abuse Prevention and Control Act (21 U.S.C. 802 et seq.) if such drug''; and (2) in paragraph (3), by adding at the end the following: ``(C) Upon the recommendation of the Secretary of Health and Human Services, a compound, mixture, or preparation which contains any anabolic steroid, which is intended for administration to a human being or an animal, and which, because of its concentration, preparation, formulation or delivery system, does not present any significant potential for abuse.''. (c) Anabolic Steroids Control Act.--Section 1903 of the Anabolic Steroids Control Act of 1990 (Public Law 101-647) is amended-- (1) by striking subsection (a); and (2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. SEC. 3. SENTENCING COMMISSION GUIDELINES. The United States Sentencing Commission shall-- (1) review the Federal sentencing guidelines with respect to offenses involving anabolic steroids; (2) consider amending the Federal sentencing guidelines to provide for increased penalties with respect to offenses involving anabolic steroids in a manner that reflects the seriousness of such offenses and the need to deter anabolic steroid use; and (3) take such other action that the Commission considers necessary to carry out this section. SEC. 4. PREVENTION AND EDUCATION PROGRAMS. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall award grants to public and nonprofit private entities to enable such entities to carry out science-based education programs in elementary and secondary schools to highlight the harmful effects of anabolic steroids. (b) Eligibility.-- (1) Application.--To be eligible for grants under subsection (a), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Preference.--In awarding grants under subsection (a), the Secretary shall give preference to applicants that intend to use grant funds to carry out programs based on-- (A) the Athletes Training and Learning to Avoid Steroids program; (B) the Athletes Targeting Healthy Exercise and Nutrition Alternatives program; and (C) other programs determined to be effective by the National Institute on Drug Abuse. (c) Use of Funds.--Amounts received under a grant under subsection (a) shall be used primarily for education programs that will directly communicate with teachers, principals, coaches, as well as elementary and secondary school children concerning the harmful effects of anabolic steroids. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2004 through 2009. SEC. 5. NATIONAL SURVEY ON DRUG USE AND HEALTH. (a) In General.--The Secretary of Health and Human Services shall ensure that the National Survey on Drug Use and Health includes questions concerning the use of anabolic steroids. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $1,000,000 for each of fiscal years 2004 through 2009.

Anabolic Steroid Control Act of 2003 - Amends the Anabolic Steroid Control Act of 1990 to modify the definition of "anabolic steroid" to include tetrahydrogestrinone (THG), androstenedione, and specified related chemicals. Authorizes the Attorney General, upon the recommendation of the Secretary of Health and Human Services, to exempt from regulation any compound, mixture, or preparation that contains any anabolic steroid, that is intended for administration to a human being or an animal, and that does not present any significant potential for abuse because of its concentration, preparation, formulation, or delivery system. Directs the U.S. Sentencing Commission to review the Federal sentencing guidelines with respect to offenses involving anabolic steroids and consider amending such guidelines to provide for increased penalties. Directs the Secretary to: (1) award grants to enable public and nonprofit private entities to carry out science-based education programs in elementary and secondary schools to highlight the harmful effects of anabolic steroids; and (2) ensure that the National Survey on Drug Use and Health includes questions concerning the use of anabolic steroids.

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

SEC. 1. SHORT TITLE. This Act may be cited as the ``Stop Solid Waste Incineration Act of 2005''. SEC. 2. STATE IMPLEMENTATION PLANS. (a) Submission of Plans.--Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator''), within one year after the enactment of this Act, a 3-year implementation plan to achieve each of the following: (1) Increased recycling by at least 75 percent over the 3- year period. (2) Water source pollution reduction. (3) The restriction of landfill dumping to materials that are not recyclable or compostable. (4) The phasing out of incineration of solid waste within 4 years and 6 months after the enactment of this Act. (5) A waste reduction rate of 10 percent. (6) An increase in composting of 10 percent. (b) Procedures.--Each implementation plan submitted by a State under this Act shall be adopted by the State after reasonable notice and public hearing. No such plan may be implemented by the State until approved by the Administrator under this Act. Each such plan shall-- (1) include enforceable limitations and other control measures, means, or techniques, as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act; (2) provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to-- (A) monitor, compile, and analyze data on compliance with this Act; and (B) make such data available to the Administrator; (3) include a program to provide for the enforcement of the measures described in paragraph (1); (4) provide for revision of such plan whenever the Administrator finds on the basis of information available to the Administrator that the plan is inadequate to comply with the requirements established under this Act; and (5) provide for consultation and participation by local political subdivisions affected by the plan. (c) Environmental Protection Agency Action on Plan Submissions.-- (1) Completeness of plan submissions.-- (A) Completeness criteria.--Within 6 months after the date of the enactment of this Act, the Administrator shall promulgate minimum criteria that any plan submission must meet before the Administrator is required to act on such submission under this subsection. The criteria shall be limited to the information necessary to enable the Administrator to determine whether the plan submission complies with the provisions of this Act. (B) Completeness finding.--Within 6 months after the Administrator's receipt of a plan or plan revision under this Act, the Administrator shall determine whether the plan or revision complies with this Act and approve or reject the plan or plan revision. If the plan is approved, the State shall begin implementation immediately. If the plan is rejected, the Environmental Protection Agency will inform the State why the plan was rejected. That State then has 3 months to submit a new plan. (C) Effect of finding of incompleteness.--Where the Administrator determines that any part of a plan submission meets the requirements of this Act and approves such part and disapproves the plan in part, the State shall immediately implement the approved part or parts and submit a revised plan respecting the remaining parts within 3 months after the date of the Administrator's disapproval. (2) Deadline for action.--Within 12 months of a determination by the Administrator (or a determination deemed by operation of law) under paragraph (1) that a State has submitted a plan or plan revision (or, in the Administrator's discretion, part thereof) that meets the minimum criteria established pursuant to paragraph (1), if applicable (or, if those criteria are not applicable, within 12 months of submission of the plan or revision), the Administrator shall act on the submission in accordance with paragraph (3). (3) Full and partial approval and disapproval.--In the case of any submittal on which the Administrator is required to act under paragraph (2), the Administrator shall approve such submittal as a whole if it meets all of the applicable requirements of this Act. If a portion of the plan revision meets all the applicable requirements of this Act, the Administrator may approve the plan revision in part and disapprove the plan revision in part. The plan revision shall not be treated as meeting the requirements of this Act until the Administrator approves the entire plan revision as complying with the applicable requirements of this Act. (4) Conditional approval.--The Administrator may approve a plan revision based on a commitment of the State to adopt specific enforceable measures by a date certain, but not later than 1 year after the date of approval of the plan revision. Any such conditional approval shall be treated as a disapproval if the State fails to comply with such commitment. (5) Calls for plan revisions.--Whenever the Administrator finds that the applicable implementation plan for any area is substantially inadequate to comply with any requirement of this Act, the Administrator shall require the State to revise the plan as necessary to correct such inadequacies. The Administrator shall notify the State of the inadequacies, and may establish reasonable deadlines (not to exceed 6 months after the date of such notice) for the submission of such plan revisions. Such findings and notice shall be public. (6) Corrections.--Whenever the Administrator determines that the Administrator's action approving, disapproving, or promulgating any plan or plan revision (or part thereof) was in error, the Administrator may in the same manner as the approval, disapproval, or promulgation revise such action as appropriate without requiring any further submission from the State. Such determination and the basis thereof shall be provided to the State and public. (d) Plan Revisions.--Each revision to an implementation plan submitted by a State under this Act shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision of a plan if the revision would not comply with any applicable requirement of this Act. (e) Sanctions.--The Administrator may apply any of the sanctions listed in section 2 whenever the Administrator makes a finding, disapproval, or determination under section 2(a) in relation to any plan. (f) Federal Implementation Plans.--The Administrator shall promulgate a Federal implementation plan at any time within 2 years after the Administrator-- (1) finds that a State has failed to make a required submission or finds that the plan or plan revision submitted by the State does not satisfy the minimum criteria established under this Act; or (2) disapproves a State implementation plan submission in whole or in part, unless the State corrects the deficiency, and the Administrator approves the plan or plan revision, before the Administrator promulgates such Federal implementation plan. SEC. 3. SANCTIONS. (a) State Failure.--For any implementation plan or plan revision required under this part or required in response to a finding of substantial inadequacy as described in section 1, if the Administrator-- (1) finds that a State has failed to submit a plan, or to submit 1 or more of the elements (as determined by the Administrator) required by the provisions of this Act; (2) disapproves in whole or in part a plan submission under section 1; and (3) finds that any requirement of an approved plan (or approved part of a plan) is not being implemented, unless such deficiency has been corrected within 18 months after the finding, disapproval, or determination referred to in paragraphs (1), (2), and (3), the sanctions referred to in subsection (b) shall apply until the Administrator determines that the State has come into compliance. (b) Sanctions.--(1) The Administrator may impose a prohibition, applicable to a State, on the approval by the Secretary of Transportation of any projects or the awarding by the Secretary of any grants, under title 23, United States Code, other than projects or grants for safety where the Secretary determines, based on accident or other appropriate data submitted by the State, that the principal purpose of the project is an improvement in safety to resolve a demonstrated safety problem and likely will result in a significant reduction in, or avoidance of, accidents. Such prohibition shall become effective upon the selection by the Administrator of this sanction. (2) In addition to safety, projects or grants that may be approved by the Secretary, notwithstanding the prohibition in paragraph (1), are the following-- (A) capital programs for public transit; (B) construction or restriction of certain roads or lanes solely for the use of passenger buses or high occupancy vehicles; (C) highway ramp metering, traffic signalization, and related programs that improve traffic flow; (D) fringe and transportation corridor parking facilities serving multiple occupancy vehicle programs or transit operations; (E) programs to limit or restrict vehicle use in downtown areas or other areas of emission concentration particularly during periods of peak use, through road use charges, tolls, parking surcharges, or other pricing mechanisms, vehicle restricted zones or periods, or vehicle registration programs; and (F) programs for breakdown and accident scene management, nonrecurring congestion, and vehicle information systems, to reduce congestion. SEC. 4. INCENTIVES. (a) Grant Program.--The Administrator is authorized to make grants to each State that phases out the incineration of solid waste prior to the deadline established under this Act. Such grants are to be used for the purpose of finding alternative, environmental friendly means of solid waste disposal. The Administrator may make grants under this subsection in the amount of-- (1) $60,000,000 to States that phase out the incineration of solid waste within 1 year after the enactment of this Act; (2) $40,000,000 to States that phase out the incineration of solid waste within 2 years after the enactment of this Act; and (3) $25,000,000 to States that phase out the incineration of solid waste within 3 years after the enactment of this Act. (b) Interstate Waste Authority.--On the date that a State phases out the incineration of solid waste, such State shall have the authority to limit or restrict the importation of solid waste in such State.

Stop Solid Waste Incineration Act of 2005 - Requires each State to adopt and submit to the Administrator of the Environmental Protection Agency (EPA) a three-year implementation plan to achieve: (1) increased recycling by at least 75 percent; (2) water source pollution reduction; (3) restriction of landfill dumping to materials that are not recyclable or compostable; (4) the phasing out of solid waste incineration within four years and six months after this Act's enactment; (5) a waste reduction rate of ten percent; and (6) an increase in composting of ten percent. Provides for Federal implementation plans for States that fail to meet plan submission and approval requirements. Authorizes the Administrator to impose a prohibition on the approval by the Secretary of Transportation of certain highway projects or awarding of highway grants applicable to a State that fails to submit a plan, has a plan submission disapproved, or fails to implement a requirement of an approved plan.Provides for grants to States that phase out the incineration of solid waste prior to the deadline established under this Act.Grants a State the authority to limit or restrict the importation of solid waste on the date the State phases out solid waste incineration.

To phase out the incineration of solid waste, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Donelson National Battlefield Act of 2004''. SEC. 2. FORT DONELSON NATIONAL BATTLEFIELD. (a) Designation; Purpose.--There exists as a unit of the National Park System the Fort Donelson National Battlefield to commemorate-- (1) the Battle of Fort Donelson in February 1862; and (2) the campaign conducted by General Ulysses S. Grant and Admiral Andrew H. Foote that resulted in the capture of Fort Donelson by Union forces. (b) Boundaries.--The boundary of the Fort Donelson Battlefield is revised to include the site of Fort Donelson and associated land that has been acquired by the Secretary of the Interior for administration by the National Park Service, including Fort Donelson National Cemetery, in Stewart County, Tennessee, and the site of Fort Heiman and associated land in Calloway County, Kentucky, as generally depicted on the map entitled ``Fort Donelson National Battlefield Boundary Adjustment'', numbered 328/80024, and dated September 2003. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Expansion of Boundaries.--The Fort Donelson National Battlefield shall also include any land acquired pursuant to section 3. SEC. 3. LAND ACQUISITION RELATED TO FORT DONELSON NATIONAL BATTLEFIELD. (a) Acquisition Authority.--Subject to subsections (b) and (c), the Secretary of the Interior may acquire land, interests in land, and improvements thereon for inclusion in the Fort Donelson National Battlefield. Such land, interests in land, and improvements may be acquired by the Secretary only by purchase from willing sellers with appropriated or donated funds, by donation, or by exchange with willing owners. (b) Land Eligible for Acquisition.--The Secretary of the Interior may acquire land, interests in land, and improvements thereon under subsection (a)-- (1) within the boundaries of the Fort Donelson National Battlefield described in section 2(b); and (2) outside such boundaries if-- (A) the land has been identified by the American Battlefield Protection Program as part of the battlefield associated with Fort Donelson; or (B) the Secretary otherwise determines that acquisition under subsection (a) will protect critical resources associated with the Battle of Fort Donelson in 1862 and the Union campaign that resulted in the capture of Fort Donelson. (c) Boundary Revision.--Upon acquisition of land or interests in land described in subsection (b)(2), the Secretary of the Interior shall revise the boundaries of the Fort Donelson National Battlefield to include the acquired property. (d) Limitation on Total Acreage of Park.--The total area encompassed by the Fort Donelson National Battlefield may not exceed 2,000 acres. SEC. 4. ADMINISTRATION OF FORT DONELSON NATIONAL BATTLEFIELD. The Secretary of the Interior shall administer the Fort Donelson National Battlefield in accordance with this Act and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.). SEC. 5. RELATION TO LAND BETWEEN THE LAKES NATIONAL RECREATION AREA. The Secretary of Agriculture and the Secretary of the Interior shall enter into a memorandum of understanding to facilitate cooperative protection and interpretation of the remaining vestiges of Fort Henry and other existing Civil War resources affiliated with the Fort Donelson campaign and located in the Land Between the Lakes National Recreation Area. SEC. 6. REPEAL OF OBSOLETE PROVISIONS AND CONFORMING AMENDMENTS. (a) Repeals.-- (1) 1928 law.--The first section and sections 2 through 4, 6 through 8, and 10 of the Act of March 26, 1928 (16 U.S.C. 428, 428a-428c, 428e-428g, and 428i), are repealed. (2) 1937 law.--Section 3 of the Act of August 30, 1937 (16 U.S.C. 428d-3), is repealed. (3) 1960 law.--Sections 4 and 5 of Public Law 86-738 (16 U.S.C. 428n, 428o) are repealed. (b) Conforming Amendments.-- (1) 1928 law.--The Act of March 26, 1928, is amended-- (A) in section 5 (16 U.S.C. 428d), by striking ``: Provided'' and all that follows and inserting a period; and (B) in section 9 (16 U.S.C. 428h)-- (i) by striking ``Fort Donelson National Park'' and inserting ``Fort Donelson National Battlefield''; and (ii) by striking ``Secretary of War'' and inserting ``Secretary of the Interior''. (2) 1937 law.--The Act of August 30, 1937, is amended-- (A) in the first section (16 U.S.C. 428d-1)-- (i) by striking ``Fort Donelson National Military Park'' and inserting ``Fort Donelson National Battlefield''; and (ii) by striking ``War Department'' and inserting ``Department of the Army''; and (B) in section 2 (16 U.S.C. 428d-2)-- (i) by striking ``Fort Donelson National Military Park'' and inserting ``Fort Donelson National Battlefield''; (ii) by striking ``said national military park'' and inserting ``Fort Donelson National Battlefield''; and (iii) by striking the last sentence. (3) 1960 law.--Public Law 86-738 is amended-- (A) in section 1 (16 U.S.C. 428k), by striking ``Fort Donelson National Military Park'' and inserting ``Fort Donelson National Battlefield'' and by striking ``, but the total area commemorating the battle of Fort Donelson shall not exceed 600 acres''; and (B) by striking section 3 (16 U.S.C. 428m).

Fort Donelson National Battlefield Act of 2004 - (Sec. 2) Declares that the Fort Donelson National Battlefield exists as a unit of the National Park System (the System) to commemorate the Battle of Fort Donelson in February 1862 and the campaign conducted by General Ulysses S. Grant and Admiral Andrew H. Foote that resulted in the capture of the Fort by Union forces. Revises the boundary of the Fort Donelson Battlefield to include the site of Fort Donelson and associated land that has been acquired by the Secretary of the Interior for administration by the National Park Service, including Fort Donelson National Cemetery, in Stewart County, Tennessee, and the site of Fort Heiman and associated land in Calloway County, Kentucky. Includes in the Battlefield any land acquired pursuant to this Act. (Sec. 3) Authorizes the Secretary of the Interior to acquire only by purchase from willing sellers, by donation, or by exchange with willing owners for inclusion in the Fort Donelson National Battlefield land, interests, and improvements: (1) within the boundaries of the Battlefield; and (2) outside such boundaries if the land has been identified by the American Battlefield Protection Program as part of the battlefield associated with Fort Donelson or the Secretary otherwise determines that acquisition will protect critical resources associated with the Battle of Fort Donelson in 1862 and the Union campaign that resulted in the capture of the Fort. Requires the Secretary, upon acquisition of such land or interests, to revise the boundaries of the Battlefield to include the acquired property. Limits the total area encompassed by the Battlefield to 2,000 acres. (Sec. 4) Requires the Secretary to administer the Fort Donelson National Battlefield in accordance with this Act and the laws generally applicable to units of the System, including the National Park Service Organic Act and the Historic Sites, Buildings, and Antiquities Act. (Sec. 5) Directs the Secretary and the Secretary of Agriculture to enter into a memorandum of understanding to facilitate cooperative protection and interpretation of the remaining vestiges of Fort Henry and other existing Civil War resources affiliated with the Fort Donelson campaign and located in the Land Between the Lakes National Recreation Area. (Sec 6) Repeals specified provisions of law concerning Fort Donelson National Battlefield.

To expand the boundaries of the Fort Donelson National Battlefield to authorize the acquisition and interpretation of lands associated with the campaign that resulted in the capture of the fort in 1862, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Fair Fee Act of 2009''. SEC. 2. LIMITED ANTITRUST IMMUNITY FOR THE NEGOTIATION AND DETERMINATION OF RATES AND TERMS FOR ACCESS TO COVERED ELECTRONIC PAYMENT SYSTEMS. (a) Definitions.--For purposes of this Act: (1) ``Access agreement'' means an agreement giving a merchant permission to access a covered electronic payment system to accept credit cards and/or debit cards from consumers for payment for goods and services as well as to receive payment for such goods and services, conditioned solely upon the merchant complying with the rates and terms specified in the agreement. (2) ``Acquirer'' means a financial institution that provides services allowing merchants to access an electronic payment system to accept credit cards and/or debit cards for payment, but does not include independent third party processors that may act as the acquirer's agent in processing general-purpose credit or debit card transactions. (3) ``Antitrust laws'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition as well as any similar State law. (4) ``Credit card'' means any general-purpose card or other device issued or approved for use by a financial institution allowing the cardholder to obtain goods or services on credit on terms specified by that financial institution. (5) ``Covered electronic payment system'' means an electronic payment system that has been used for at least 20 percent of the combined dollar value of U.S. credit card, signature-based debit card, and PIN-based debit card payments processed in the applicable calendar year immediately preceding the year in which the conduct in question occurs. (6) ``Debit card'' means any general-purpose card or other device issued or approved for use by a financial institution for use in debiting a cardholder's account for the purpose of that cardholder obtaining goods or services, whether authorization is signature-based or PIN-based. (7) ``Electronic payment system'' means the proprietary services and infrastructure that route information and data to facilitate transaction authorization, clearance, and settlement that merchants must access in order to accept a specific brand of general-purpose credit cards and/or debit cards as payment for goods and services. (8) ``Financial institution'' has the same meaning as in section 603(t) of the Fair Credit Reporting Act. (9) ``Issuer'' means a financial institution that issues credit cards and/or debit cards or approves the use of other devices for use in an electronic payment system, but does not include independent third party processors that may act as the issuer's agent in processing general-purpose credit card or debit card transactions. (10) ``Market power'' means the ability profitably to raise prices above those that would be charged in a perfectly competitive market. (11) ``Merchant'' means any person who accepts credit cards and/or debit cards in payment for goods or services that they provide. (12) ``Negotiating party'' means 1 or more providers of a covered electronic payment system or 1 or more merchants who have access to or who are seeking access to that covered electronic payment system, as the case may be, and who are in the process of negotiating or who have executed a voluntarily negotiated access agreement that is still in effect. (13) ``Person'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)). (14) ``Provider'' means any person who owns, operates, controls, serves as an issuer for, or serves as an acquirer for a covered electronic payment system. (15) ``State'' has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). (16) ``Terms'' means all rules applicable either to providers of a single covered electronic payment system or to merchants, and that are required in order to provide or access that covered electronic payment system for processing credit card and/or debit card transactions. (17) ``Voluntarily negotiated access agreement'' means an executed agreement voluntarily negotiated between 1 or more providers of a single covered electronic payment system and 1 or more merchants that sets the rates and terms pursuant to which the 1 or more merchants can access that covered electronic payment system to accept credit cards and/or debit cards from consumers for payment of goods and services, and receive payment for such goods and services. (b) Limited Antitrust Immunity for Negotiation of Access Rates and Terms to Covered Electronic Payment Systems.--(1) Except as provided in paragraph (2) and notwithstanding any provision of the antitrust laws, in negotiating access rates and terms any providers of a single covered electronic payment system and any merchants may jointly negotiate and agree upon the rates and terms for access to the covered electronic payment system, including through the use of common agents that represent either providers of a single covered electronic payment system or merchants on a nonexclusive basis. Any providers of a single covered electronic payment system also may jointly determine the proportionate division among themselves of paid access fees. (2) Notwithstanding any other provision of this Act, the immunity otherwise applicable under paragraph (1) shall not apply to a provider of a single covered electronic payment system, or to a merchant, during any period in which such provider, or such merchant, is engaged in-- (A) any unlawful boycott; (B) any allocation with a competitor of a geographical area in which an interchange rate will be charged or paid; (C) any unlawful tying of an interchange rate charged or paid to any other product or service; or (D) any exchange of information with, or agreement with, a competitor relating to the allocation of revenues lost or redistribution of savings gained from a voluntarily negotiated access agreement if such information or agreement is not reasonably required to carry out the negotiations and agreements described under paragraph (1). (c) Nondiscrimination.--For any given covered electronic payment system, the rates and terms of a voluntarily negotiated access agreement reached under the authority of this section shall be the same for all merchants, regardless of merchant category or volume of transactions (either in number or dollar value) generated. For any given covered electronic payment system, the rates and terms of a voluntarily negotiated access agreement reached under the authority of this section shall be the same for all providers participating in a negotiation session conducted under the authority of this section, regardless of provider category or volume of transactions (either in number or dollar value) generated. (d) Facilitation of Negotiation.-- (1) Schedule.--Within 1 month following enactment of this Act, the negotiating parties shall file with the Attorney General a schedule for negotiations. If the negotiating parties do not file such a schedule within 1 month from the date of enactment, the Attorney General shall issue such a schedule. In either case, the Attorney General shall make the schedule available to all negotiating parties. (2) Initial disclosure.--Within 1 month following enactment of this Act, the persons described in this subsection shall make the initial disclosures described in paragraphs (3) and (4) to facilitate negotiations under the limited antitrust immunity provided for by this section. (3) Issuers, acquirers, and owners.--Any person who is 1 of the 10 largest issuers for a covered electronic payment system in terms of number of cards issued, any person who is 1 of the 10 largest acquirers for a covered electronic payment system in terms of number of merchants served, and any person who operates or controls a covered electronic payment system shall produce to the Attorney General and to all negotiating parties-- (A) an itemized list of the costs necessary to provide the covered electronic payment system that were incurred by the person during the most recent full calendar year before the initiation of the negotiation; and (B) any access agreement between that person and 1 or more merchants with regard to that covered electronic payment system. (4) Merchants.--Any person who is 1 of the 10 largest merchants using the covered electronic payment system, determined based on dollar amount of transactions made with the covered electronic payment system, shall produce to the Attorney General and to all negotiating parties-- (A) an itemized list of the costs necessary to access an electronic payment system during the most recent full calendar year prior to the initiation of the proceeding; and (B) any access agreement between that person and 1 or more providers with regard to that covered electronic payment system. (5) Disagreement.--Any disagreement regarding whether a person is required to make an initial disclosure under this clause, or the contents of such a disclosure, shall be resolved by the Attorney General. (6) Attendance of the department of justice.--A representative of the Attorney General shall attend all negotiation sessions conducted under the authority of this section. (e) Transparency of Voluntarily Negotiated Access Agreements.-- (1) Voluntarily negotiated access agreements between negotiating parties.--A voluntarily negotiated access agreement may be executed at any time between 1 or more providers of a covered electronic payment system and 1 or more merchants. (2) Filing agreements with the attorney general.--The negotiating parties shall jointly file with the Attorney General a clear intelligible copy of-- (A) any voluntarily negotiated access agreement that affects any market in the United States or elsewhere; (B) the various components of the interchange fee; (C) a description of how access fees that merchants pay are allocated among financial institutions and how they are spent; (D) whether a variation in fees exists among card types; (E) any documentation relating to a voluntarily negotiated access agreement evidencing any consideration being given or any marketing or promotional agreements between the negotiating parties; (F) a comparison of interchange rates in current use in the 10 foreign countries having the highest volume of credit card transactions with the interchange rates charged in the United States under such agreement; and (G) any amendments to that voluntarily negotiated access agreement or documentation. (3) Timing and availability of filings.--The negotiating parties to any voluntarily negotiated access agreement executed after the date of enactment of this Act shall jointly file the voluntarily negotiated access agreement, and any documentation or amendments described in paragraph (2), with the Attorney General not later than 30 days after the date of execution of the voluntarily negotiated access agreement or amendment or after the creation of the documentation. The Attorney General shall make publicly available any voluntarily negotiated access agreement, amendment, or accompanying documentation filed under this paragraph. (f) Report to Congress by the Attorney General.--Within 7 months after the date of enactment of this Act, the Attorney General shall transmit to the House Committee on the Judiciary and the Senate Committee on the Judiciary a report on the negotiations conducted under the authority of this section during the first 6 months after the date of enactment and, if a voluntarily negotiated agreement is reached, whether such access rates and terms will have an adverse effect on competition and how such rates compare with access rates and terms in current use in other countries. Such report shall contain a chronology of the negotiations, an assessment of whether the parties have negotiated in good faith, an assessment of the quality of the data provided by the parties in their initial disclosures, a description of any voluntarily negotiated agreements reached during the negotiations, and any recommendations of the Attorney General concerning how Congress should respond to the conduct of the negotiations. (g) Effect on Pending Lawsuits.--Nothing in this section shall affect liability in any action pending on the date of enactment of this section. SEC. 3. OPT-OUT. Nothing in this Act shall limit the ability of acquirers or issuers that are regulated by the National Credit Union Administration or that, together with affiliates, have assets of less than $1,000,000,000, to opt out of negotiations under this Act. SEC. 4. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.

Credit Card Fair Fee Act of 2009 - Sets forth a limited antitrust immunity to providers of covered electronic payment systems and merchants for negotiation of access rates and terms. Authorizes providers of a single covered electronic payment system (e.g. credit cards and/or debit cards) and merchants to jointly negotiate and agree upon rates and terms for access to such system. Provides immunity exceptions. Requires the rates and terms of a voluntarily negotiated access agreement to be the same for all merchants and participating providers, regardless of their respective category or volume of transactions. Requires issuers, acquirers, owners, and merchants to make specified disclosures regarding itemized costs and access agreements. Requires the negotiating parties to file jointly with the Attorney General any voluntarily negotiated access agreement that affects any market in the United States or elsewhere.

To amend the antitrust laws to ensure competitive market-based rates and terms for merchants' access to electronic payment systems.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act'' or the ``ACCESS BROADBAND Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (3) Commission.--The term ``Commission'' means the Federal Communications Commission. (4) Federal broadband support program.--The term ``Federal broadband support program'' does not include any Universal Service Fund program and means any of the following programs (or any other similar Federal program) to the extent the program offers broadband internet service or programs for promoting broadband access and adoption for various demographic communities through various media for residential, commercial, or community providers, or academic establishments: (A) The Telecommunications and Technology Program of the Appalachian Regional Commission. (B) The following programs of the Rural Utilities Service of the Department of Agriculture: (i) The Telecommunications Infrastructure Loan and Loan Guarantee Program. (ii) The Rural Broadband Access Loan and Loan Guarantee Program. (iii) The Substantially Underserved Trust Area Initiative. (iv) The Community Connect Grant Program. (v) The Distance Learning and Telemedicine Grant Program. (C) The following programs of the Economic Development Administration of the Department of Commerce: (i) The Public Works and Economic Adjustment Assistance Programs. (ii) The Planning and Local Technical Assistance Programs. (D) The following programs of the Department of Housing and Urban Development: (i) The Community Development Block Grant Program. (ii) The Section 108 Loan Guarantee Program. (iii) The Public Housing Capital Fund. (iv) The Public Housing Operating Fund. (v) The Multifamily Housing Programs. (vi) The Indian Community Development Block Grant Program. (vii) The Indian Housing Block Grant Program. (viii) The Title VI Loan Guarantee Program. (ix) The Choice Neighborhoods Program. (x) The HOME Investment Partnerships Program. (xi) The Housing Trust Fund. (xii) The Housing Opportunities for Persons With AIDS Program. (E) The American Job Centers of the Employment and Training Administration of the Department of Labor. (F) The Library Services and Technology Grant Programs of the Institute of Museum and Library Services. (5) Office.--The term ``Office'' means the Office of Internet Connectivity and Growth established under section 3. (6) Universal service fund program.--The term ``Universal Service Fund program'' means any program authorized under section 254 of the Communications Act of 1934 (47 U.S.C. 254) to help deploy broadband. (7) Universal service mechanism.--The term ``universal service mechanism'' means any funding stream provided by a Universal Service Fund program to support broadband access. SEC. 3. ESTABLISHMENT OF OFFICE OF INTERNET CONNECTIVITY AND GROWTH. Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish the Office of Internet Connectivity and Growth within the National Telecommunications and Information Administration. SEC. 4. DUTIES. (a) Outreach.--The Office shall-- (1) connect with communities that need access to high-speed internet and improved digital inclusion efforts through various forms of outreach and communication techniques; (2) hold regional workshops across the United States to share best practices and effective strategies for promoting broadband access and adoption; (3) develop targeted broadband training and presentations for various demographic communities through various media; and (4) develop and distribute publications (including toolkits, primers, manuals, and white papers) providing guidance, strategies, and insights to communities as the communities develop strategies to expand broadband access and adoption. (b) Tracking of Federal Dollars.-- (1) Broadband infrastructure.--The Office shall track the construction and use of and access to any broadband infrastructure built using any Federal support in a central database. (2) Accounting mechanism.--The Office shall develop a streamlined accounting mechanism by which any agency offering a Federal broadband support program, and the Commission through the Universal Service Fund, shall provide the information described in paragraph (1) in a standardized and efficient fashion. (3) Report.--Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Office shall make public on the website of the Office and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the following: (A) A description of the work of the Office for the previous year and the number of residents of the United States who received broadband access as a result of a Federal broadband support program or a Universal Service Fund program. (B) The number of residents of the United States described in subparagraph (A), broken down by the Federal broadband support program or universal service mechanism to which the broadband access was attributable. (C) An estimate of the economic impact of the broadband deployment efforts described in subparagraphs (A) and (B) on local economies, including any effect on small businesses or jobs. SEC. 5. STREAMLINED APPLICATIONS FOR SUPPORT. (a) Agency Consultation.--The Office shall consult with any agency offering a Federal broadband support program to streamline and standardize the application process for grants or other financial assistance from the program. (b) Agency Streamlining.--Any agency offering a Federal broadband support program shall amend the application for broadband support from that program, to the extent practicable and as necessary, to streamline and standardize applications for Federal broadband support programs across the Federal Government. (c) Single Application.--To the greatest extent practicable, the Office shall seek to create 1 application that may be submitted to apply for all, or substantially all, Federal broadband support programs. (d) Website Required.--Not later than 180 days after the date of enactment of this Act, the Office shall create a central website through which a potential applicant can learn about and apply for support through any Federal broadband support program. SEC. 6. COORDINATION OF SUPPORT. The Office, any agency that offers a Federal broadband support program, and the Commission, through the Universal Service Fund, shall coordinate with each other to ensure that Federal support for broadband is being distributed in an efficient, technology-neutral, and financially sustainable manner, with the goal of serving the largest number of persons in the United States while avoiding overbuilding and promoting the most job and economic growth for all residents of the United States. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act is intended to alter or amend any provision of section 254 of the Communications Act of 1934 (47 U.S.C. 254). SEC. 8. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using amounts otherwise authorized.

Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act or the ACCESS BROADBAND Act This bill requires the Department of Commerce to establish the Office of Internet Connectivity and Growth within the National Telecommunications and Information Administration. The office shall: connect with communities that need access to high-speed internet and improved digital inclusion efforts; hold regional workshops to share best practices and effective strategies for promoting broadband access and adoption; develop targeted broadband training and presentations for various demographic communities through media; develop and distribute publications providing guidance to communities for expanding broadband access and adoption; and track construction and use of, and access to, any broadband infrastructure built using federal support.

Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Informed Choice Act''. SEC. 2. GRANTS FOR PURCHASE OF ULTRASOUND EQUIPMENT. (a) In General.--The Secretary of Health and Human services may make grants for the purchase of ultrasound equipment. Such ultrasound equipment shall be used by the recipients of such grants to provide, under the direction and supervision of a licensed medical physician, free ultrasound examinations to pregnant women needing such services. (b) Eligibility Requirements.--An entity may receive a grant under subsection (a) only if the entity meets the following conditions: (1) The entity is a nonprofit private organization that is approved by the Internal Revenue Service as a tax-exempt entity under section 501(c)(3) of the Internal Revenue Code of 1986. (2) The entity operates as a community based pregnancy help medical clinic, as defined in subsection (f). (3) The entity provides medical services to pregnant women under the guidance and supervision of a physician who serves as the medical director of the clinic and is duly licensed to practice medicine in the State in which the entity is located. (4) The entity is legally qualified to provide such medical services to pregnant women and is in compliance with all Federal, State, and local requirements for the provision of such services. (5) The entity agrees to comply with the following medical procedures: (A) Each pregnant woman upon whom the ultrasound equipment is used will be shown the visual image of the fetus from the ultrasound examination and will be given a general anatomical and physiological description of the characteristics of the fetus. (B) Each pregnant woman will be given, according to the best medical judgment of the physician performing the ultrasound examination or the physician's agent performing such exam, the approximate age of the embryo or fetus considering the number of weeks elapsed from the probable time of the conception of the embryo or fetus, based upon the information provided by the client as to the time of her last menstrual period, her medical history, a physical examination, or appropriate laboratory tests. (C) Each pregnant woman will be given information on abortion and alternatives to abortion such as childbirth and adoption and information concerning public and private agencies that will assist in those alternatives. (D) The entity will obtain and maintain medical malpractice insurance in an amount not less than $1,000,000, and such insurance will cover all activities relating to the use of the ultrasound machine purchased with the grant under subsection (a). (6) The entity does not receive more than 30 percent of its gross annual revenue from a single source or donor. (c) Limitation on Individual Grant Amount.--No grant under subsection (a) may be made in an amount that exceeds an amount equal to 50 percent of the purchase price cost of the ultrasound machine involved, or $20,000, whichever is less. (d) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (e) Annual Report to Secretary.--A grant may be made under subsection (a) only if the applicant for the grant agrees to report on an annual basis to the Secretary, in such form and manner as the Secretary may require, on the ongoing compliance of the applicant with the eligibility conditions established in subsection (b). (f) Definitions.--For purposes of this Act: (1) The term ``community based pregnancy help medical clinic'' means a facility that-- (A) provides free medical services to pregnant women under the supervision and direction of a licensed physician who serves as the medical director for such clinic; and (B) does not charge for any services rendered to its clients, whether or not such services are for pregnancy or nonpregnancy related matters. (2) The term ``Secretary'' means the Secretary of Health and Human Services. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $3,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006.

Informed Choice Act - Allows the Secretary of Health and Human Services to make grants to free community based pregnancy help medical clinics for the purchase of ultrasound equipment, which shall be used to provide free ultrasound examinations to pregnant women. Requires each grant recipient to undertake certain actions, including to: (1) provide to each woman receiving services a visual image of the fetus from the ultrasound examination and a general anatomical and physiological description of the characteristics of the fetus; and (2) provide information on abortion and alternatives to abortion such as childbirth and adoption, and information concerning public and private agencies that will assist in those alternatives. Limits each grant to a maximum amount of 50 percent of the purchase price cost of the ultrasound machine involved or $20,000, whichever is less.

To authorize the Secretary of Health and Human Services to make grants to nonprofit tax-exempt organizations for the purchase of ultrasound equipment to provide free examinations to pregnant women needing such services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Competition and Lower Fares Act''. SEC. 2. WITHDRAWAL OF SLOTS. (a) Written Determination.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue a separate written determination with respect to each high-density airport as to whether the demand among air carriers for slots at the airport can be met with the slots at the airport that are available to the Secretary. (b) Initial Withdrawal of Slots.--If the Secretary determines under subsection (a) that the demand among air carriers for slots at a high- density airport cannot be met with the slots at the airport that are available to the Secretary, the Secretary shall withdraw slots at that airport from dominant air carriers at the airport for redistribution pursuant to this Act. Such withdrawals shall be made in accordance with section 41714 of title 49, United States Code, and other applicable laws and regulations. (c) Subsequent Withdrawals.-- (1) Written determination.--Not later than 2 years after the date of the auction under section 3(a), and every 2 years thereafter, the Secretary shall issue a written determination as to whether the redistribution of additional slots under this Act would significantly increase competition between air carriers. (2) Requirement to withdraw slots.--If the Secretary determines under paragraph (1) that the redistribution of additional slots would significantly increase competition, the Secretary shall withdraw slots, in accordance with this section, in a manner which will ensure such an increase. Such withdrawals shall be made in accordance with section 41714 of title 49, United States Code, and other applicable laws and regulations. (d) Limitation on Slot Withdrawals.-- (1) Initial auction.--The Secretary may not withdraw for redistribution under this Act more than 10 percent of the total number of slots held at a high-density airport by a dominant air carrier for auction pursuant to section 3(a). (2) Subsequent auctions.--The Secretary may not withdraw for redistribution under this Act more than 5 percent of the total number of slots held at a high-density airport by a dominant air carrier for auction pursuant to section 3(b). (3) Calculation of percentage.--In calculating under this subsection the total number of slots held at a high-density airport by a dominant air carrier, the Secretary shall not take into account slots used by the carrier for direct flights between the high-density airport and low-competition airports. (e) Prohibition on Certain Slot Withdrawals.--The Secretary may not withdraw for redistribution under this Act a slot of a dominant air carrier at a high-density airport if-- (1) the Secretary determines that the slot has been used by the carrier for direct flights between the airport and a low- competition airport throughout at least 24 of the preceding 30 calendar months; or (2) the slot is used for international flights. SEC. 3. AUCTIONS. (a) In General.--After a withdrawal of slots at a high-density airport pursuant to section 2, the Secretary shall auction such slots to new entrant air carriers and limited incumbent air carriers at the airport and shall award each slot, pursuant to this section, to the highest bidder for the slot. (b) Limitation on Use of Slots.--The Secretary, in a manner which to the extent practicable represents the times and characteristics of all slots available for auction pursuant to this subsection, shall ensure that-- (1) 40 percent of the slots redistributed under this Act at each high-density airport other than John F. Kennedy International Airport; and (2) 10 percent of the slots redistributed under this Act at John F. Kennedy International Airport, are distributed for use for flights between the airport and low- competition airports. (c) Eligible Bidders.--A person may bid for or hold a slot at a high-density airport offered at an auction conducted under this section only if that person-- (1) is a new entrant air carrier or limited incumbent air carrier at the airport; (2) is a citizen of the United States, or in the case of a partnership or corporation, organized under the laws of the United States or a State; (3) has appropriate safety certification from the Federal Aviation Administration; (4) has appropriate economic certification from the Department of Transportation; (5) has not declined any slot at the airport for which the new entrant air carrier or limited incumbent air carrier was eligible before January 1, 1986; (6) is qualified, as determined by the Secretary, to use a purchased slot; and (7) is not substantially owned or otherwise controlled, as determined by the Secretary, by a person who fails to meet any of the requirements established by paragraphs (1) through (6). (d) Limitation on Transfer of Slots.--A slot obtained by a new entrant air carrier or limited incumbent air carrier at a high-density airport through an auction conducted under this section may only be sold, leased, traded, or transferred to any other new entrant air carrier or limited incumbent air carrier at the airport that meets the requirements of subsection (c). (e) Changes in Ownership.--If there is a change in the ownership of a new entrant air carrier or limited incumbent air carrier that obtains a slot through an auction conducted under this section, the slot shall revert to the Secretary; except that the Secretary may allow the new entrant air carrier or limited incumbent air carrier to retain the slot if the Secretary determines that such action is in the best interest of promoting competition. (f) Limitation on Statutory Construction.--Nothing in this section or section 2, including the use of competitive bidding, may be construed-- (1) to alter slots allocation criteria and procedures established by section 41714 of title 49, United States Code, or any other provision of law; (2) to diminish the authority of the Secretary under any other provision of law to regulate or withdraw slots; or (3) to convey any rights, including any expectation of renewal of a slot assignment, that differ from the rights that apply to other slots at the same airport that were not issued pursuant to this section. (g) Revenues.--The Secretary may use funds received from auctions held pursuant to this section to provide reimbursement to any dominant air carrier from which a slot has been withdrawn under this Act for investments made by the carrier in the withdrawn slot and airport improvements at the airport where the carrier held the withdrawn slot. Any funds remaining after providing such reimbursements shall be credited to the general fund of the Treasury as miscellaneous receipts. SEC. 4. SLOTS NOT ASSETS. (a) In General.--A slot obtained under this Act or any other provision of law shall not be considered an asset for any purpose, including for collateral, for any agreement which would require forfeiture of the slot, or in any bankruptcy proceeding. (b) Applicability.--This section shall not apply to any agreement or any renewal provision of any agreement in effect on the date of the enactment of this Act. SEC. 5. UNFAIR COMPETITION. (a) Determinations Regarding Actions Filed.-- (1) Actions filed on or before december 31, 1998.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary on or before December 31, 1998. (2) Actions filed after december 31, 1998, and before the date of the enactment of this act.--Not later than 9 months after the date of the enactment of this Act, the Secretary shall complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary after December 31, 1998, but before the date of the enactment of this Act. (3) Actions filed on or after the date of the enactment of this act.--The Secretary shall make an initial finding regarding any complaint alleging a predatory practice by an air carrier that is filed with the Secretary after the date of the enactment of this Act, not later than 30 days after such complaint is filed. (b) Restraining Order.--Not later than 15 days after date of an initial finding under subsection (a)(3), and after notice and opportunity for a hearing, the Secretary shall enjoin, pending final determination, any action that is found to be a predatory practice. (c) Report to Congress.--Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Secretary shall transmit a report to Congress describing complaints received by the Secretary which allege predatory practices by air carriers and any action taken by the Secretary on those complaints. (d) Guidelines.--Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the Attorney General of the United States, shall issue guidelines defining predatory practices and unfair competition practices under this section and under title 49, United States Code. SEC. 6. ACCESS TO FACILITIES. The Secretary shall ensure that all airport facilities are available to new entrant air carriers at fees that are comparable to the average fees paid by incumbent air carriers. SEC. 7. EVALUATION OF RULE. The Secretary shall initiate a rulemaking proceeding to determine whether the application of the 80-percent rule contained in section 93.227(a) of title 49, Code of Federal Regulations, promotes, hinders, or has no effect on airline competition. SEC. 8. LIMITS ON COMPETITION IN AVIATION INDUSTRY. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall transmit to Congress a report on barriers to entry, predatory pricing, and other limits on competition in the aviation industry. SEC. 9. CLARIFICATION OF LEGAL STANDING. Section 41713(b) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(5) Protection of certain causes of action.--This subsection shall not bar any cause of action brought against an air carrier by 1 or more private parties seeking to enforce any right under the common law of any State or under any State statute, other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service.''. SEC. 10. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Air carrier.--The term ``air carrier'' has the meaning given the term in section 40102 of title 49, United States Code. (2) Dominant air carrier.--The term ``dominant air carrier'' means a person that holds 10 percent or more of the slots at a high-density airport. (3) High-density airport.--.The term ``high-density airport'' means each of the following airports: (A) LaGuardia Airport. (B) O'Hare International Airport. (C) John F. Kennedy International Airport. (D) Ronald Reagan Washington National Airport. (4) Limited incumbent air carrier.--The term ``limited incumbent air carrier'' means a person that holds or operates fewer than 12 slots at a high-density airport, not including international slots, essential air service program slots, or slots between the hours of 2200 and 0659 at Ronald Reagan Washington National Airport or LaGuardia Airport. (5) Low-competition airport.--The term ``low-competition airport'' means an airport that the Secretary determines-- (A) is not a large hub; and (B) has substantially less service than average or substantially higher than average airfares. (6) New entrant air carrier.--The term ``new entrant air carrier'' means a person that does not hold a slot at a high- density airport and has not sold or given up a slot at that airport after December 16, 1985. (7) Person.--The term ``person'' includes a commuter operator or air carrier. (8) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (9) Slot.--The term ``slot'' means the operational authority to conduct one landing or takeoff operation each day during a specific hour or 30 minute period at a high-density airport.

Airline Competition and Lower Fares Act - Directs the Secretary of Transportation to determine whether the demand among air carriers for slots at a high density airport can be met with the slots available to the Secretary. Requires the Secretary, if the demand among dominant air carriers for slots at such an airport cannot be met with the slots available, to withdraw from such carriers up to ten percent of such slots at such airport for redistribution to new entrants and limited incumbents through auction on a competitive bidding basis, as long as the redistribution of the additional slots significantly increases competition between air carriers. Prohibits withdrawal of any slots used for international flights or for direct flights between a high density airport and a low-competition airport. (Sec. 4) Prohibits slots obtained under this Act from being considered an asset (including for collateral) for any agreement which would require its forfeiture, or in any bankruptcy proceeding. (Sec. 5) Directs the Secretary to complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary on or before December 31, 1998, and after such date, but before the enactment of this Act. Directs the Secretary, after notice and opportunity for a hearing, to enjoin any action that is found to be a predatory practice. Directs the Secretary to report biannually to the Congress about such complaints. (Sec. 7) Directs the Secretary to initiate a rulemaking to determine whether the application of the 80-percent rule with respect to the allocation of airport slots promotes, hinders, or has no effect on airline competition. (Sec. 8) Directs the Secretary to report annually to the Congress on barriers to entry, predatory pricing, and other limits on competition in the aviation industry. (Sec. 9) Amends Federal aviation law prohibiting State regulation of air prices, routes, and services to declare that such law shall not bar a cause of action brought against an air carrier by one or more private parties seeking to enforce any right under the common law of any State or State statute, other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service.

Airline Competition and Lower Fares Act

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

Dollar-for-Dollar Deficit Reduction Act - Requires the Secretary of the Treasury, in the event of a near breach of the current $14.294 trillion public debt limit, to issue a debt limit warning to the Senate Committee on Finance and the House Committee on Ways and Means that includes a determination as to when extraordinary measures may be necessary in order to prolong the funding of the federal government in the absence of a debt limit increase. Requires any formal presidential request to increase the public debt limit to include the amount of the proposed debt limit increase and be accompanied by proposed legislation to reduce spending over the sum of the current and following 10 years by an amount equal to or greater than the amount of the requested debt limit increase. Prohibits net interest savings from being counted towards the spending reductions. Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any bill, joint resolution, amendment, motion, or conference report that increases the statutory debt limit unless it contains such net spending reductions. Prohibits Congress from voting on any measure that increases the public debt limit unless the cost estimate of that measure prepared by the Congressional Budget Office (CBO) has been publicly available on the CBO website for at least 24 hours. Permits waiver or suspension of this prohibition, or successful appeals from rulings of the Chair, only by an affirmative vote of three-fifths (60) of the Senate.

Dollar-for-Dollar Deficit Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Salt Cedar and Russian Olive Control Demonstration Act''. SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CONTROL DEMONSTRATION PROGRAM. (a) Establishment.--The Secretary of the Interior (referred to in this Act as the ``Secretary''), acting through the Commissioner of Reclamation and in cooperation with the Secretary of Agriculture and the Secretary of Defense, shall carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program-- (1) to assess the extent of the infestation by salt cedar and Russian olive trees in the western United States; (2) to demonstrate strategic solutions for-- (A) the long-term management of salt cedar and Russian olive trees; and (B) the reestablishment of native vegetation; and (3) to assess economic means to dispose of biomass created as a result of removal of salt cedar and Russian olive trees. (b) Assessment.-- (1) In general.--Not later than 1 year after the date on which funds are made available to carry out this Act, the Secretary shall complete an assessment of the extent of salt cedar and Russian olive infestation on public and private land in the western United States. (2) Requirements.--In addition to describing the acreage of and severity of infestation by salt cedar and Russian olive trees in the western United States, the assessment shall-- (A) consider existing research on methods to control salt cedar and Russian olive trees; (B) consider the feasibility of reducing water consumption by salt cedar and Russian olive trees; (C) consider methods of and challenges associated with the revegetation or restoration of infested land; and (D) estimate the costs of destruction of salt cedar and Russian olive trees, related biomass removal, and revegetation or restoration and maintenance of the infested land. (c) Long-Term Management Strategies.-- (1) In general.--The Secretary shall identify and document long-term management and funding strategies that-- (A) could be implemented by Federal, State, and private land managers in addressing infestation by salt cedar and Russian olive trees; and (B) should be tested as components of demonstration projects under subsection (d). (2) Grants.--The Secretary shall provide grants to institutions of higher education to develop public policy expertise in, and assist in developing a long-term strategy to address, infestation by salt cedar and Russian olive trees. (d) Demonstration Projects.-- (1) In general.--Not later than 180 days after the date on which funds are made available to carry out this Act, the Secretary shall establish a program that selects and funds not less than 5 projects proposed by and implemented in collaboration with Federal agencies, units of State and local government, national laboratories, Indian tribes, institutions of higher education, individuals, organizations, or soil and water conservation districts to demonstrate and evaluate the most effective methods of controlling salt cedar and Russian olive trees. (2) Project requirements.--The demonstration projects under paragraph (1) shall-- (A) be carried out over a time period and to a scale designed to fully assess long-term management strategies; (B) implement salt cedar or Russian olive tree control using 1 or more methods for each project in order to assess the full range of control methods, including-- (i) airborne application of herbicides; (ii) mechanical removal; and (iii) biocontrol methods, such as the use of goats or insects; (C) individually or in conjunction with other demonstration projects, assess the effects of and obstacles to combining multiple control methods and determine optimal combinations of control methods; (D) assess soil conditions resulting from salt cedar and Russian olive tree infestation and means to revitalize soils; (E) define and implement appropriate final vegetative states and optimal revegetation methods, with preference for self-maintaining vegetative states and native vegetation, and taking into consideration downstream impacts, wildfire potential, and water savings; (F) identify methods for preventing the regrowth and reintroduction of salt cedar and Russian olive trees; (G) monitor and document any water savings from the control of salt cedar and Russian olive trees, including impacts to both groundwater and surface water; (H) assess wildfire activity and management strategies; (I) assess changes in wildlife habitat; (J) determine conditions under which removal of biomass is appropriate (including optimal methods for the disposal or use of biomass); and (K) assess economic and other impacts associated with control methods and the restoration and maintenance of land. (e) Disposition of Biomass.-- (1) In general.--Not later than 1 year after the date on which funds are made available to carry out this Act, the Secretary, in cooperation with the Secretary of Agriculture, shall complete an analysis of economic means to use or dispose of biomass created as a result of removal of salt cedar and Russian olive trees. (2) Requirements.--The analysis shall-- (A) determine conditions under which removal of biomass is economically viable; (B) consider and build upon existing research by the Department of Agriculture and other agencies on beneficial uses of salt cedar and Russian olive tree fiber; and (C) consider economic development opportunities, including manufacture of wood products using biomass resulting from demonstration projects under subsection (d) as a means of defraying costs of control. (f) Costs.-- (1) In general.--With respect to projects and activities carried out under this Act-- (A) the assessment under subsection (b) shall be carried out at a cost of not more than $4,000,000; (B) the identification and documentation of long- term management strategies under subsection (c) shall be carried out at a cost of not more than $2,000,000; (C) each demonstration project under subsection (d) shall be carried out at a Federal cost of not more than $7,000,000 (including costs of planning, design, implementation, maintenance, and monitoring); and (D) the analysis under subsection (e) shall be carried out at a cost of not more than $3,000,000. (2) Cost-sharing.-- (A) In general.--The assessment under subsection (b), the identification and documentation of long-term management strategies under subsection (c), a demonstration project or portion of a demonstration project under subsection (d) that is carried out on Federal land, and the analysis under subsection (e) shall be carried out at full Federal expense. (B) Demonstration projects carried out on non- federal land.-- (i) In general.--The Federal share of the costs of any demonstration project funded under subsection (d) that is not carried out on Federal land shall not exceed-- (I) 75 percent for each of the first 5 years of the demonstration project; and (II) for the purpose of long-term monitoring, 100 percent for each of such 5-year extensions as the Secretary may grant. (ii) Form of non-federal share.--The non- Federal share of the costs of a demonstration project that is not carried out on Federal land may be provided in the form of in-kind contributions, including services provided by a State agency or any other public or private partner. (g) Cooperation.--In carrying out the assessment under subsection (b), the demonstration projects under subsection (d), and the analysis under subsection (e), the Secretary shall cooperate with and use the expertise of Federal agencies and the other entities specified in subsection (d)(1) that are actively conducting research on or implementing salt cedar and Russian olive tree control activities. (h) Independent Review.--The Secretary shall subject to independent review-- (1) the assessment under subsection (b); (2) the identification and documentation of long-term management strategies under subsection (c); (3) the demonstration projects under subsection (d); and (4) the analysis under subsection (e). (i) Reporting.-- (1) In general.--The Secretary shall submit to Congress an annual report that describes the results of carrying out this Act, including a synopsis of any independent review under subsection (h) and details of the manner and purposes for which funds are expended. (2) Public access.--The Secretary shall facilitate public access to all information that results from carrying out this Act. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act-- (1) $20,000,000 for fiscal year 2005; and (2) $15,000,000 for each subsequent fiscal year. Passed the Senate May 19, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 1516 _______________________________________________________________________ AN ACT To further the purposes of the Reclamation Projects Authorization and Adjustment Act of 1992 by directing the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out an assessment and demonstration program to control salt cedar and Russian olive, and for other purposes.

Salt Cedar Control Demonstration Act - Directs the Secretary of the Interior (the Secretary), acting through the Commissioner of Reclamation and in cooperation with the Secretary of Agriculture and the Secretary of Defense to carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program to: (1) assess the extent of the infestation by salt cedar and Russian olive trees in the western United States; (2) to demonstrate strategic solutions for the long-term management of such trees and the reestablishment of native vegetation; and (3) assess economic means to dispose of biomass created as a result of removal of those trees. Requires the Secretary to complete an assessment of the extent of the infestation on public and private land. Provides that, in addition to describing the acreage of and severity of infestation, the assessment shall: (1) consider existing research on methods to control salt cedar and Russian olive trees; (2) consider the feasibility of reducing water consumption by such trees; (3) consider methods of and challenges associated with the revegetation or restoration of infested land; and (4) estimate the costs of destruction of such trees, related biomass removal, and revegetation or restoration and maintenance of the infested land. Instructs the Secretary to identify and document long-term management and funding strategies that could be implemented by Federal, State, and private land managers in addressing the infestation and should be tested as components of the demonstration projects specified below. Directs the Secretary to establish a program that selects and funds at least five projects proposed by and implemented in collaboration with Federal agencies, units of State and local government, national laboratories, Indian tribes, institutions of higher education, individuals, organizations, or soil and water conservation districts to demonstrate and evaluate the most effective methods of controlling salt cedar and Russian olive trees. Lists project requirements and control methods. Directs the Secretary, in cooperation with the Secretary of Agriculture, to complete an analysis of economic means to use or dispose of biomass created as a result of removal of salt cedar and Russian olive trees. Requires such analysis to: (1) determine conditions under which removal of biomass is economically viable; (2) consider and build upon existing research by the Department of Agriculture and other agencies on beneficial uses of salt cedar and Russian olive tree fiber; and (3) consider economic development opportunities, including manufacture of wood products using biomass resulting from the demonstration projects under this Act as a means of defraying costs of control. Sets monetary limits on costs of: (1) the assessment; (2) the identification and documentation of long-term management strategies; (3) the Federal cost of each project (including planning, design, implementation, maintenance, and monitoring costs); and (4) the analysis. Provides for the assessment, the identification and documentation of long-term management strategies, projects or parts of projects that are carried out on Federal land, and the analysis to be carried out at full Federal expense. Limits the Federal cost share of any project funded under this Act that is not carried out on Federal land to: (1) 75 percent for each of the first five years of the project; and (2) for the purpose of long-term monitoring, 100 percent for each of such five-year extensions as the Secretary may grant. Permits the non-Federal share of the costs of such a project to be provided as in-kind contributions, including services provided by a State agency or any other public or private partner. Directs the Secretary to subject the assessment, the identification and documentation of long-term management strategies, the projects, and the analysis to independent review. Requires the Secretary to submit to Congress annual reports describing the results of carrying out this Act, including a synopsis of any such review and details of the manner and purposes for which funds are expended. Instructs the Secretary to facilitate public access to all information that results from carrying out this Act. Authorizes appropriations.

A bill to further the purposes of the Reclamation Projects Authorization and Adjustment Act of 1992 by directing the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out an assessment and demonstration program to control salt cedar and Russian olive, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Abuse Prevention and Enforcement Act''. TITLE I--THE CHILD ABUSE PREVENTION AND ENFORCEMENT ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Child Abuse Prevention and Enforcement Act''. SEC. 102. GRANT PROGRAM. Section 102(b) of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601(b)) is amended by striking ``and'' at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting ``; and'', and by adding after paragraph (16) the following: ``(17) the capability of the criminal justice system to deliver timely, accurate, and complete criminal history record information to child welfare agencies, organizations, and programs that are engaged in the assessment of risk and other activities related to the protection of children, including protection against child abuse, and placement of children in foster care.''. SEC. 103. USE OF FUNDS UNDER BYRNE GRANT PROGRAM FOR CHILD PROTECTION. Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751) is amended-- (1) by striking ``and'' at the end of paragraph (25); (2) by striking the period at the end of paragraph (26) and inserting a semicolon; and (3) by adding at the end the following: ``(27) enforcing child abuse and neglect laws, including laws protecting against child sexual abuse, and promoting programs designed to prevent child abuse and neglect; ``(28) establishing our supporting cooperative programs between law enforcement and media organizations, to collect, record, retain, and disseminate information useful in the identification and apprehension of suspected criminal offenders.''. SEC. 104. CONDITIONAL ADJUSTMENT IN SET ASIDE FOR CHILD ABUSE VICTIMS UNDER THE VICTIMS OF CRIME ACT OF 1984. (a) In General.--Section 1402(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(2)) is amended-- (1) by striking ``(2) the next $10,000,000'' and inserting ``(2)(A) Except as provided in subparagraph (B), the next $10,000,000''; and (2) by adding at the end the following: ``(B)(i) For any fiscal year for which the amount deposited in the Fund is greater than the amount deposited in the Fund for fiscal year 1998, the $10,000,000 referred to in subparagraph (A) plus an amount equal to 50 percent of the increase in the amount from fiscal year 1998 shall be available for grants under section 1404A. ``(ii) Amounts available under this subparagraph for any fiscal year shall not exceed $20,000,000.''. (b) Interaction With Any Cap.--Subsection (a) shall be implemented so that any increase in funding provided thereby shall operate notwithstanding any dollar limitation on the availability of the Crime Victims Fund established under the Victims of Crime Act of 1984. TITLE II--JENNIFER'S LAW SEC. 201. SHORT TITLE. This title may be cited as ``Jennifer's Law''. SEC. 202. PROGRAM AUTHORIZED. The Attorney General is authorized to provide grant awards to States to enable States to improve the reporting of unidentified and missing persons. SEC. 203. ELIGIBILITY. (a) Application.--To be eligible to receive a grant award under this title, a State shall submit an application at such time and in such form as the Attorney General may reasonably require. (b) Contents.--Each such application shall include assurances that the State shall, to the greatest extent possible-- (1) report to the National Crime Information Center and when possible, to law enforcement authorities throughout the State regarding every deceased unidentified person, regardless of age, found in the State's jurisdiction; (2) enter a complete profile of such unidentified persons in compliance with the guidelines established by the Department of Justice for the National Crime Information Center Missing and Unidentified Persons File, including dental records, DNA records, x-rays, and fingerprints, if available; (3) enter the National Crime Information Center number or other appropriate number assigned to the unidentified person on the death certificate of each such unidentified person; and (4) retain all such records pertaining to unidentified persons until a person is identified. SEC. 204. USES OF FUNDS. A State that receives a grant award under this title may use such funds received to establish or expand programs developed to improve the reporting of unidentified persons in accordance with the assurances provided in the application submitted pursuant to section 203(b). SEC. 205. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $2,000,000 for each of fiscal years 2000, 2001, and 2002.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of funds under the drug control and system improvement (Byrne) grant program for: (1) enforcement of child abuse and neglect laws, including protection against child sexual abuse; and (2) cooperative information sharing programs between law enforcement and media organizations pertaining to the identification and apprehension of suspected criminal offenders. Amends the Victims of Crime Act of 1984 to increase the amount of funds in the Crime Victims Fund for child abuse prevention and treatment grants in specified circumstances. Title II: Jennifer's Law - Jennifer' s Law - Authorizes the Attorney General to award grants to enable States to improve the reporting of unidentified and missing persons. Authorizes the use of such grant awards to establish or expand programs developed to improve the reporting of unidentified persons. Authorizes appropriations.

Child Abuse Prevention and Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eurasia Foundation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) There has been established in the District of Columbia a private, nonprofit corporation known as the Eurasia Foundation (hereafter in this Act referred to as the ``Foundation''), which is not an agency or establishment of the United States Government. (2) In recognition of the valuable contributions of the Foundation to long-range United States foreign policy interests, the United States Government has, through the United States Agency for International Development and the Department of State, provided financial support for the Foundation. (3) It is in the interest of the United States, and the further strengthening of cooperation with the countries of Eurasia, to establish a more permanent mechanism for United States Government financial support for the ongoing activities of the Foundation, while preserving the independent character of the Foundation. (b) Purposes.--The purposes of the Foundation are-- (1) to promote civil society, private enterprise, and sound public administration and policy in the countries of Eurasia and in lending encouragement and assistance to citizens of such countries in their own efforts to develop more open, just, and democratic societies; (2) to strengthen indigenous institutions that foster national development, constructive social change, equitable economic growth, and cooperative international relationships that are fully consistent with and supportive of long-term United States interests with respect to the countries of Eurasia; and (3) to conduct programs in response to initiatives in the countries of Eurasia that would be difficult or impossible for an official United States entity, and, as a result of its position in the countries of Eurasia, to respond quickly and flexibly to meet new opportunities. SEC. 3. GRANTS TO THE FOUNDATION. (a) Grants Required.-- (1) In general.--The Secretary of State shall make an annual grant to the Foundation to enable the Foundation to carry out its purposes as specified in section 2(b). (2) Additional requirements.--Each grant required under paragraph (1)-- (A) shall be made with funds specifically appropriated for grants to the Foundation; and (B) shall be made pursuant to a grant agreement between the Secretary and the Foundation which-- (i) requires that grant funds will only be used for activities the Board of Directors of the Foundation determines are consistent with the purposes described in section 2(b), and that the Foundation will otherwise comply with the requirements of this Act; and (ii) may not require the Foundation to comply with requirements other than those specified in this Act. (b) Use of Funds.--The Foundation may use funds received under a grant described in subsection (a) to carry out the purposes described in section 2(b). (c) Rule of Construction.--Nothing in this Act shall be construed to make the Foundation an agency or establishment of the United States Government or to make the members of the Board of Directors of the Foundation, or the officers or employees of the Foundation, officers or employees of the United States. (d) Oversight.--The Foundation and its grantees shall be subject to the appropriate oversight procedures of Congress. (e) Other Funding.--The Foundation shall have authority to accept funding from non-United States Government sources to complement United States Government funding. (f) Sense of Congress.--It is the sense of Congress that-- (1) a robust Foundation, funded at the levels authorized under section 6 of this Act, and at appropriate levels in subsequent fiscal years, can contribute significantly to the political, economic, and social development of democracy and human rights in the countries of Eurasia; (2) notwithstanding the Foundation's distinguished record of performance, organizations that seek competitive grants typically perform in a more transparent and effective manner; and (3) to the maximum extent possible, the Foundation should seek competitive grants to supplement appropriations from the United States Government, and at least 20 percent of the funding received in each fiscal year by the Foundation should be from non-United States Government sources to ensure continued strong performance of the Foundation. SEC. 4. ELIGIBILITY OF THE FOUNDATION FOR GRANTS. (a) Compliance With Statutory Requirements.--Grants may be made to the Foundation under this Act only if the Foundation agrees to comply with the requirements specified in this section and elsewhere in this Act. (b) Funding for Covered Programs Only.--The Foundation may provide funding only for programs that are consistent with the purposes set forth in section 2(b). (c) Compensation for Officers and Employees of the Foundation.--If an individual who is an officer or employee of the United States Government serves as a member of the Board of Directors or as an officer or employee of the Foundation, that individual may not receive any compensation or travel expenses in connection with service performed for the Foundation. (d) Prohibition Respecting Financial Matters.--The Foundation shall not issue any shares of stock or declare or pay any dividends. No part of the assets of the Foundation shall inure to the benefit of any member of the Board of Directors of the Foundation, any officer or employee of the Foundation, or any other individual, except as salary or reasonable compensation for expenses incurred in the performance of duties to the Foundation. (e) Audit of Accounts; Reporting Requirements.-- (1) Audit of accounts.--The accounts of the Foundation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States. (2) Reporting requirements.--The report of each such independent audit shall be included in the annual report required by subsection (h) of this section. The audit report shall set forth the scope of the audit and include such statements as are necessary to present fairly the Foundation's assets and liabilities, surplus or deficit, with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the Foundation's income and expenses during the year, and a statement of the application of funds, together with the independent auditor's opinion of those statements. (f) Audit of Financial Transactions.-- (1) Audit of financial transactions.--The financial transactions of the Foundation for each fiscal year may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. (2) Reporting requirements.--A report of each such audit shall be made by the Comptroller General to the Congress. The report to the Congress shall contain such comments and information as the Comptroller General may deem necessary to inform the Congress of the financial operations and condition of the Foundation, together which such recommendations with respect thereto as the Comptroller General may deem advisable. A copy of each report shall be furnished to the President and to the Foundation at the time submitted to the Congress. (g) Recordkeeping Requirements; Audit and Examination of Books.-- (1) Recordkeeping requirements.--The Foundation shall ensure that each recipient of assistance provided through the Foundation under this Act keeps such records as may be reasonably necessary to fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (2) Audit and examination of books.--The Foundation shall ensure that it, or any of its duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance provided through the Foundation under this Act. The Comptroller General of the United States or any duly authorized representative of the Comptroller General shall also have access thereto for such purpose. (h) Annual Report; Testimony Relating to Report.-- (1) Annual report.-- (A) In general.--Not later than March 31 of each year, the Foundation shall submit an annual report for the preceding fiscal year to the President for transmittal to the Congress. (B) Contents.--The report required under subparagraph (A) shall include a comprehensive and detailed report of the Foundation's operations, activities, financial condition, and accomplishments under this Act and may include such recommendations as the Foundation deems appropriate. The report should also include any information regarding allegations or reports on the misuse of funds and how such allegations or reports were addressed by the Foundation. (2) Testimony relating to report.--The Board members and officers of the Foundation shall be available to testify before appropriate committees of the Congress with respect to the report required under paragraph (1), the report of any audit made by the Comptroller General of the United States pursuant to subsection (f) of this section, or any other matter which any such committees may determine. (i) Grantee; Conflict of Interest.--A member of the Board of Directors of the Foundation who serves as a member of the board of directors or an officer of a grantee of the Foundation may not receive compensation for their services but shall be entitled to reimbursement for travel and other expenses incurred by them in connection with their duties on behalf of such grantee. SEC. 5. AGREEMENT BETWEEN FOUNDATION AND SUCCESSOR OR RELATED ENTITY TO THE U.S. RUSSIA INVESTMENT FUND. (a) Agreement Required.--The Foundation and any successor or related entity to the U.S. Russia Investment Fund shall enter into a memorandum of understanding for the purpose of coordinating activities carried out by the Foundation and the successor or related entity. The memorandum of understanding shall include language that prohibits the same entities from carrying out the same activities. (b) Deadline.--The memorandum of understanding described in subsection (a) shall be entered into between the Foundation and the successor or related entity described in subsection (a) by not later than the later of the following: (1) If the successor or related entity is established on or before the date of the enactment of this Act, 90 days after the date of the enactment of this Act. (2) If the successor or related entity is established after the date of the enactment of this Act, 90 days after the date on which the entity is established. (c) Submission to Secretary of State and Congress.--The Foundation and the successor or related entity described in subsection (a) shall submit to the Secretary of State and Congress a copy of the memorandum of understanding described in subsection (a) not later than 30 days after the date on which the parties enter into the memorandum of understanding. (d) Limitations.--For the period beginning on the date on which the successor or related entity described in subsection (a) is established, or the date of the enactment of this Act, whichever occurs later, and ending on the date on which the memorandum of understanding described in subsection (a) is entered into-- (1) United States assistance may not be provided to the Foundation under any other provision of law; and (2) funds may not be transferred from the U.S. Russia Investment Fund to the successor or related entity or placed in a trust on behalf of the successor or related entity. (e) Successor or Related Entity to the U.S. Russia Investment Fund Defined.--In this section, the term ``successor or related entity to the U.S. Russia Investment Fund'' or ``successor or related entity'' means any organization, corporation, limited-liability partnership, foundation, or other corporate structure that receives any or all of the remaining funds of the U.S. Russia Investment Fund after liquidation of assets upon closure of the U.S. Russia Investment Fund. SEC. 6. COUNTRIES OF EURASIA DEFINED. In this Act, the term ``countries of Eurasia'' means Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, the Kyrgyz Republic, Moldova, the Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $15,000,000 for fiscal year 2008 and such sums as may be necessary for fiscal year 2009. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriation under subsection (a) are authorized to remain available for 2 years from the end of the fiscal year for which the amount was appropriated. Passed the House of Representatives November 5, 2007. Attest: LORRAINE C. MILLER, Clerk.

Eurasia Foundation Act - (Sec. 3) Directs the Secretary of State to make an annual grant to the Eurasia Foundation to: (1) promote civil society, private enterprise, and public administration and policy in the countries of Eurasia; (2) strengthen indigenous institutions that foster national development, social change, economic growth, and cooperative international relationships consistent with U.S. interests in Eurasia; and (3) conduct programs in the region that would be difficult or impossible for an official U.S. entity. Expresses the sense of Congress that: (1) an appropriately funded Foundation can contribute significantly to the political, economic, and social development of democracy and human rights in the countries of Eurasia; (2) organizations that seek competitive grants typically perform in a more transparent and effective manner; and (3) the Foundation should seek competitive grants to supplement federal appropriations. (Sec. 4) Sets forth grant eligibility provisions. (Sec. 5) Directs the Foundation and any successor or related entity to the U.S. Russia Investment Fund (as defined by this Act) to enter into a memorandum of understanding for the purpose of coordinating activities carried out by the Foundation and the successor or related entity. (Sec. 6) Defines "countries of Eurasia" as Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, the Kyrgyz Republic, Moldova, the Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. (Sec. 7) Authorizes FY2008-FY2009 appropriations.

To authorize grants to the Eurasia Foundation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2003''. SEC. 2. DEFINITIONS. In this Act: (1) Border area.--The term ``border area'' has the meaning given the term ``United States-Mexico Border Area'' in section 8 of the United States-Mexico Border Health Commission Act (22 U.S.C. 290n-6). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. BORDER HEALTH GRANTS. (a) Eligible Entity Defined.--In this section, the term ``eligible entity'' means a State, public institution of higher education, local government, tribal government, nonprofit health organization, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the border area. (b) Authorization.--From funds appropriated under subsection (f), the Secretary, acting through the United States members of the United States-Mexico Border Health Commission, shall award grants to eligible entities to address priorities and recommendations to improve the health of border area residents that are established by-- (1) the United States members of the United States-Mexico Border Health Commission; (2) the State border health offices; and (3) the Secretary. (c) Application.--An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds for-- (1) programs relating to-- (A) maternal and child health; (B) primary care and preventative health; (C) public health and public health infrastructure; (D) health promotion; (E) oral health; (F) behavioral and mental health; (G) substance abuse; (H) health conditions that have a high prevalence in the border area; (I) medical and health services research; (J) workforce training and development; (K) community health workers or promotoras; (L) health care infrastructure problems in the border area (including planning and construction grants); (M) health disparities in the border area; (N) environmental health; (O) health education; and (P) outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 and 1397aa)); and (2) other programs determined appropriate by the Secretary. (e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $200,000,000 for fiscal year 2004, and such sums as may be necessary for each succeeding fiscal year. SEC. 4. BORDER BIOTERRORISM PREPAREDNESS GRANTS. (a) Eligible Entity Defined.--In this section, the term ``eligible entity'' means a State, local government, tribal government, or public health entity. (b) Authorization.--From funds appropriated under subsection (e), the Secretary shall award grants to eligible entities for bioterrorism preparedness in the border area. (c) Application.--An eligible entity that desires 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. (d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds to-- (1) develop and implement bioterror preparedness plans and readiness assessments and purchase items necessary for such plans; (2) coordinate bioterrorism and emergency preparedness planning in the region; (3) improve infrastructure, including syndrome surveillance and laboratory capacity; (4) create a health alert network, including risk communication and information dissemination; (5) educate and train clinicians, epidemiologists, laboratories, and emergency personnel; and (6) carry out such other activities identified by the Secretary, the United States-Mexico Border Health Commission, State and local public health offices, and border health offices. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2004 and such sums as may be necessary for each succeeding fiscal year. SEC. 5. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS. The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended by adding at the end the following: ``SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $10,000,000 for fiscal year 2004 and such sums as may be necessary for each succeeding fiscal year.''. SEC. 6. COORDINATION OF HEALTH SERVICES AND SURVEILLANCE. The Secretary may coordinate with the Secretary of Homeland Security in establishing a health alert system that-- (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the border area; and (2) is alerted to signs of health threats or bioterrorism along the border area.

Border Health Security Act of 2003 - Directs the Secretary of Health and Human Services, acting through the United States members of the United States-Mexico Border Health Commission (the members), to award grants to eligible entities (as defined by this section) to address priorities and recommendations to improve the health of border residents that are established by the Secretary, the members, and the State border health offices. Sets forth uses for grant funds, including for programs relating to: (1) maternal and child health; (2) substance abuse; and (3) environmental health. Directs the Secretary to award grants to eligible entities (as defined by this section) for bioterrorism preparedness in the border area. Sets forth uses for grant funds, including for the: (1) improvement of infrastructure; and (2) education and training of clinicians, epidemiologists, laboratories, and emergency personnel. Allows the Secretary to coordinate with the Secretary of Homeland Security a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the border area; and (2) is alerted to health threats or bioterrorism along the border area.

To establish grant programs to improve the health of border area residents and for bioterrorism preparedness in the border area, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lewis and Clark Expedition Bicentennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The expedition commanded by Meriwether Lewis and William Clark, which came to be called ``The Corps of Discovery'', was one of the most remarkable and productive scientific and military exploring expeditions in all American history. (2) President Thomas Jefferson gave Lewis and Clark the mission to ``explore the Missouri River & such principal stream of it, as, by its course and communication with the waters of the Pacific Ocean, whether the Columbia, Oregon, Colorado, or any other river may offer the most direct and practical water communication across this continent for the purposes of commerce''. (3) The Expedition, in response to President Jefferson's directive, greatly advanced our geographical knowledge of the continent and prepared the way for the extension of the American fur trade with American Indian tribes throughout the land. (4) President Jefferson directed the explorers to take note of and carefully record the natural resources of the newly acquired territory known as Louisiana, as well as diligently report on the native inhabitants of the land. (5) The Expedition departed St. Louis, Missouri, on May 14, 1804. (6) The Expedition held its first meeting with American Indians at Council Bluff near present-day Fort Calhoun, Nebraska, in August 1804, spent its first winter at Fort Mandan, North Dakota, crossed the Rocky Mountains by the mouth of the Columbia River in mid-November of that year, and wintered at Fort Clatsop, near the present-day city of Astoria, Oregon. (7) The Expedition returned to St. Louis, Missouri, on September 23, 1806, after a 28-month journey covering 8,000 miles during which it traversed 11 future States: Illinois, Missouri, Kansas, Nebraska, Iowa, North Dakota, South Dakota, Montana, Idaho, Washington, and Oregon. (8) Accounts from the journals of Lewis and Clark and the detailed maps that were prepared by the Expedition enhance knowledge of the western continent and routes for commerce. (9) The Expedition significantly enhanced amicable relationships between the United States and the autonomous American Indian nations, and the friendship and respect fostered between American Indian tribes and the Expedition represents the best of diplomacy and relationships between divergent nations and cultures. (10) The Lewis and Clark Expedition has been called the most perfect expedition of its kind in the history of the world and paved the way for the United States to become a great world power. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the bicentennial of the Lewis and Clark expedition, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue-- (1) not more than 200,000 $1 coins, 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; and (2) not more than 200,000 half dollar coins, each of which shall-- (A) weigh 12.50 grams; (B) have a diameter of 1.205 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this title shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this title shall be considered to be numismatic items. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this title only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this title shall be emblematic of the expedition of Lewis and Clark. (2) Designation and inscriptions.--On each coin minted under this title there shall be-- (A) a designation of the value of the coin; (B) an inscription of the years ``1804-1806''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this title shall bear the likeness of Thomas Jefferson, Meriwether Lewis and William Clark. (4) General design.--In designing this coin, the Secretary shall also consider incorporating appropriate elements from the Jefferson Peace and Friendship Medal which Lewis and Clark presented to the Chiefs of the various Indian tribes they encountered and shall consider recognizing Native American culture. (b) Selection.--The design for the coins minted under this title shall be selected by the Secretary after consultation with the Commission of Fine Arts and shall be reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this title shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this title. (c) Commencement of Issuance.--The Secretary may issue coins minted under this title beginning on January 1, 2003. (d) Termination of Minting Authority.--No coins may be minted under this title after December 31, 2003. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this title shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this title at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this title 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) Surcharges.--All sales of coins minted under this title shall include a surcharge of-- (1) $10 per coin for the $1 coin; and (2) $7 per coin for the half dollar coin. SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this title. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this title from complying with any law relating to equal employment opportunity. SEC. 9. DISTRIBUTION OF SURCHARGES. (a) In General.--Subject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins issued under this title shall be promptly paid by the Secretary as follows: (1) National lewis and clark bicentennial council.--\2/3\ to the National Lewis and Clark Bicentennial Council, for activities associated with commemorating the bicentennial of the Expedition. (2) National park service.--\1/3\ to the National Park Service for activities associated with commemorating the bicentennial of the Lewis and Clark Expedition. (b) Audits.--Each organization that receives any payment from the Secretary under this section shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this title will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this title unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. Passed the House of Representatives September 9, 1998. Attest: ROBIN H. CARLE, Clerk.

TABLE OF CONTENTS: Title I: Lewis and Clark Expedition Bicentennial Coin Title II: Leif Ericsson Millennium Commemorative Coin Title I: Lewis and Clark Expedition Bicentennial Coin - Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar and half-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition. Title II: Leif Ericsson Millennium Commemorative Coin - Leif Ericsson Millennium Commemorative Coin Act - Directs the Secretary to mint and issue one-dollar silver coins, in conjunction with the simultaneous minting and issuance of commemorative coins by the Republic of Iceland, in commemoration of the millennium of the discovery of the New World by Leif Ericsson. Mandates that all coin surcharges be paid to the Leif Ericsson Foundation for the purpose of funding student exchanges between the United States and Iceland.

Lewis and Clark Expedition Bicentennial Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Executive Service Accountability Act''. SEC. 2. BIENNIAL JUSTIFICATION OF POSITIONS. Section 3133(a)(2) of title 5, United States Code, is amended by inserting after ``positions'' the following: ``, with a justification for each position (by title and organizational location) and the specific result expected from each position, including the impact of such result on the agency mission,''. SEC. 3. EXTENSION OF PROBATIONARY PERIOD. (a) In General.--Section 3393(d) of title 5, United States Code, is amended by striking ``1-year'' and inserting ``2-year''. (b) Conforming Amendment.--Section 3592(a)(1) of such title is amended by striking ``1-year'' and inserting ``2-year''. SEC. 4. MODIFICATION OF PAY RETENTION FOR SENIOR EXECUTIVE SERVICE MEMBERS REMOVED FOR UNDER PERFORMANCE. Section 3594(c)(1)(B) of title 5, United States Code, is amended to read as follows: ``(B)(i) any career appointee placed under subsection (a) or (b)(2) of this section shall be entitled to receive basic pay at the highest of-- ``(I) the rate of basic pay in effect for the position in which placed; ``(II) the rate of basic pay in effect at the time of the placement for the position the career appointee held in the civil service immediately before being appointed to the Senior Executive Service; or ``(III) the rate of basic pay in effect for the career appointee immediately before being placed under subsection (a) or (b) of this section; and ``(ii) any career appointee placed under subsection (b)(1) of this section shall be entitled to receive basic pay at the rate of basic pay in effect for the position in which placed; and''. SEC. 5. REQUIREMENT THAT PERFORMANCE REQUIREMENTS BE ESTABLISHED IN ADVANCE. Section 4312(b)(1) of title 5, United States Code, is amended-- (1) by striking ``on or'' and inserting ``not later than 30 calendar days''; and (2) by inserting ``in writing'' after ``communicated''. SEC. 6. AMENDMENTS TO ADVERSE ACTION PROVISIONS WITH RESPECT TO CAREER APPOINTEES IN THE SENIOR EXECUTIVE SERVICE. (a) Suspension for 14 Days or Less for Senior Executive Service Employee.--Paragraph (1) of Section 7501 of title 5, United States Code, is amended to read as follows: ``(1) `employee' means-- ``(A) an individual in the competitive service who is not serving a probationary period or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; or ``(B) a career appointee in the Senior Executive Service who-- ``(i) has completed the probationary period prescribed under section 3393(d); or ``(ii) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service; and''. (b) Modification of Cause and Procedure for Suspension and Termination.-- (1) In general.--Section 7543 of title 5, United States Code, is amended-- (A) in subsection (a), by striking ``misconduct,'' and inserting ``such cause as would promote the efficiency of the service, misconduct,''; (B) in subsection (b)(4), by adding at the end before the period the following: ``, but no later than 30 days after the date that the employee's answer was received under paragraph (2)''; (C) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; (D) by inserting after subsection (b) the following: ``(c) An agency head may extend the deadline for an employee to answer under subsection (b)(2) or the deadline for the agency to issue a written decision under subsection (b)(4) for no more than 30 days each. Any extension by the agency head under this subsection must be in writing and document the reasons for granting the extension.''; and (E) by adding at the end the following: ``(g)(1) With respect to an employee subject to removal under this subchapter, if a final order or decision is issued in favor of the agency by the agency, the Merit Systems Protection Board, or the applicable reviewing court under section 7703, the employee-- ``(A) shall pay to the agency an amount equal to any pay received by the employee during the period beginning on the date that the employee received notice under subsection (b)(1) and ending on the date of such final order or decision; and ``(B) have removed from such employee's credit any annual leave accrued during such period. ``(2) Paragraph (1) shall apply only to an employee who, during the period described in paragraph (1)(A), is placed on administrative leave or any other type of leave whereby the employee is in a status without duties but with pay.''. (2) Conforming amendments.--Subchapter V of chapter 35 of title 5, United States Code, is amended-- (A) in section 3593-- (i) in subsection (a)(2), by striking ``misconduct,'' and inserting ``such cause as would promote the efficiency of the service, misconduct,''; and (ii) in subsection (b), by striking ``misconduct,'' and inserting ``such cause as would promote the efficiency of the service, misconduct,''; and (B) in section 3594(a), by striking ``misconduct,'' and inserting ``such cause as would promote the efficiency of the service, misconduct,''. Passed the House of Representatives September 16, 2014. Attest: KAREN L. HAAS, Clerk.

Senior Executive Service Accountability Act - (Sec. 2) Requires each federal agency to include in its biennial report to the Office of Personnel Management (OPM) for a specific number of Senior Executive Service (SES) positions a justification for each position (by title and organizational location) and the specific result expected from each such position, including the impact of such result on the agency mission. (Sec. 3) Extends from one year to two years the probationary period for SES employees. (Sec. 4) Eliminates the authority for allowing an individual removed from the SES for a less than fully successful executive performance to retain an SES pay grade level if appointed to a civil service position. (Sec. 5) Requires a written description of employee performance requirements to be provided to SES employees not later than 30 calendar days before each rating period. (Sec. 6) Makes SES employees subject to the same 14-day (or less) suspension period, without duties and pay, as is applicable to other federal employees. Expands the grounds for suspension or termination of an SES employee to include such cause as would promote the efficiency of the SES. Requires: (1) a written decision of an adverse action to be rendered not later than 30 days after the employee's answer to such action is received, and (2) any SES employee who is terminated from service to repay any salary received and forfeit any annual leave accumulated during the period of any adverse action leading to termination.

Senior Executive Service Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Ocean Exploration Program Act''. SEC. 2. ESTABLISHMENT. The Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration. SEC. 3. PURPOSES. The purposes of the program are the following: (1) To explore the physical, biological, chemical, geological, archaeological, temporal, and other related characteristics of the oceans to benefit, inform, and inspire the American people. (2) To create missions and scientific activities of discovery that will improve our understanding, appreciation, and stewardship of the unique marine ecosystems, organisms, chemistry, and geology of the world's oceans, and to enhance knowledge of submerged maritime historical and archaeological sites. (3) To facilitate discovery of marine natural products from these ecosystems that may have potential beneficial uses, including those that may help combat disease or provide therapeutic benefits. (4) To communicate such discoveries and knowledge to policymakers, regulators, researchers, educators, and interested nongovernmental entities in order to support policy decisions and to spur additional scientific research and development. (5) To maximize effectiveness by integrating multiple scientific disciplines, employing the diverse resources of the ocean science community, and making ocean exploration data and information available in a timely and consistent manner. (6) To achieve heightened education, environmental literacy, public understanding and appreciation of the oceans. SEC. 4. AUTHORITIES. In carrying out the program the Administrator of the National Oceanic and Atmospheric Administration shall-- (1) conduct interdisciplinary exploration voyages or other scientific activities in conjunction with other Federal agencies or academic or educational institutions, to survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings; (2) give priority attention to deep ocean regions, with a focus on surveying deep water marine systems that hold potential for important scientific and medical discoveries, such as hydrothermal vent communities and seamounts; (3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences; (4) develop, in consultation with the National Science Foundation, a transparent process for reviewing and approving proposals for activities to be conducted under this program; (5) enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensors; (6) conduct public education and outreach activities that improve the public understanding of ocean science, resources, and processes, in conjunction with relevant educational programs of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other agencies; (7) accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans; and (8) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program. SEC. 5. EXPLORATION TECHNOLOGY AND INFRASTRUCTURE TASK FORCE. The National Oceanic and Atmospheric Administration, in coordination with the National Aeronautics and Space Administration, the U.S. Geological Survey, Office of Naval Research, and relevant governmental, non-governmental, academic, and other experts, shall convene an ocean technology and infrastructure task force to develop and implement a strategy-- (1) to facilitate transfer of new exploration technology to the program; (2) to improve availability of communications infrastructure, including satellite capabilities, to the program; (3) to develop an integrated, workable and comprehensive data management information processing system that will make information on unique and significant features obtained by the program available for research and management purposes; and (4) to encourage cost-sharing partnerships with governmental and non-governmental entities that will assist in transferring exploration technology and technical expertise to the program. SEC. 6. INTERAGENCY FINANCING. The National Oceanic and Atmospheric Administration, the National Science Foundation, and other Federal agencies involved in the program, are authorized to participate in interagency financing and share, transfer, receive and spend funds appropriated to any federal participant the program for the purposes of carrying out any administrative or programmatic project or activity under this section. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Federal participant and the costs of the same. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the program-- (1) $45,000,000 for each of fiscal years 2005 through 2010; and (2) $55,000,000 for each of fiscal years 2011 through 2016. Passed the Senate November 16, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 2280 _______________________________________________________________________ AN ACT To establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration.

National Ocean Exploration Program Act - (Sec. 2) Directs the Secretary of Commerce to establish within the National Oceanic and Atmospheric Administration (NOAA) a coordinated national ocean exploration program. (Sec. 4) Directs the Administrator of NOAA, in carrying out the program, to: (1) conduct interdisciplinary exploration voyages; (2) give priority attention to deep ocean regions, with a focus on surveying deep water marine systems; (3) promote development of oceanographic research, communication, and data collections systems; (4) conduct public education and outreach activities that improve public understanding of ocean science; and (5) establish an ocean exploration forum. (Sec. 5) Requires NOAA to convene an ocean technology and infrastructure task force to develop and implement a strategy to: (1) facilitate the transfer of new exploration technology to the program; (2) improve the availability of communications infrastructure (including satellite) to the program; (3) develop a data management information processing system for information obtained under the program; and (4) encourage cost-sharing partnerships with governmental and non-governmental entities to assist in transferring exploration technology and technical expertise to the program. (Sec. 6) Authorizes NOAA, the National Science Foundation, and other Federal agencies involved in the program to participate in interagency financing in carrying out program activities. (Sec. 7) Authorizes appropriations from FY 2005 through 2016.

A bill to establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Futures Investor Protection Act''. SEC. 2. FUTURES INVESTORS PROTECTION FUND. (a) Futures Investor Protection Corporation.-- (1) Creation and membership.-- (A) Creation.--There is established a nonprofit corporation to be known as the ``Futures Investor Protection Corporation'' (in this Act referred to as the ``FIPC''), which shall not be an agency or establishment of the United States Government. (B) Membership.-- (i) Members of fipc.--The FIPC shall be a membership corporation the members of which shall be all persons registered under the Commodity Exchange Act with the Commission as a futures commission merchant, other than persons whose principal business, in the determination of the FIPC, taking into account business of affiliated entities, is conducted outside the United States and its territories and possessions. (ii) Commission review; additional members.--Subparagraphs (B) and (C) of section 3(a)(2) of SIPA shall apply with respect to determinations of the FIPC in the same way the subparagraphs apply with respect to determinations of the SIPC and to brokers and dealers referred to in such subparagraph (D). (iii) Disclosure.--Section 3(a)(2)(D) of SIPA shall apply to futures commission merchants in the same way the section applies to brokers and dealers referred to in such section. (2) Powers.--The FIPC shall have all the powers conferred on the SIPC. (3) Board of directors.-- (A) Functions.--The FIPC shall have a Board of Directors which, subject to the provisions of this Act, shall determine the policies which shall govern the operations of FIPC. (B) Number and appointment.--The Board of Directors shall consist of 7 persons as follows: (i) 1 director shall be appointed by the Secretary of the Treasury from among the officers and employees of the Department of the Treasury. (ii) 1 director shall be appointed by the Board of Governors of the Federal Reserve System from among the officers and employees of that Board. (iii) 5 directors shall be appointed by the President, by and with the advice and consent of the Senate, as follows: (I) 3 directors shall be selected from among persons who are associated with, and representative of different aspects of, the futures industry, not all of whom shall be from the same geographical area of the United States. (II) 2 directors shall be selected from the general public from among persons who are not associated with a futures commission merchant or a contract market, or similarly associated with any self-regulatory organization or other futures industry group, and who have not had any such association during the 2 years preceding appointment. (C) Chairman and vice chairman.--The President shall designate a Chairman and Vice Chairman from among those directors appointed under subparagraph (B)(iii)(II). (D) Terms.-- (i) In general.--Except as provided in clauses (ii) and (iii), each director shall be appointed for a term of 3 years. (ii) Initially appointed members.--Of the directors first appointed under subparagraph (B)-- (I) 2 shall hold office for a term expiring on December 31, 2017; (II) 2 shall hold office for a term expiring on December 31, 2018; and (III) 3 shall hold office for a term expiring on December 31, 2019, as designated by the President at the time they take office. The designation shall be made in a manner which will assure that no 2 persons appointed under the authority of the same subclause of subparagraph (B)(iii) shall have terms which expire simultaneously. (iii) Vacancies.--A vacancy in the Board shall be filled in the same manner as the original appointment was made. Any director appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor of the director was appointed shall be appointed only for the remainder of the term. A director may serve after the expiration of the term for which appointed until the successor of the director has taken office. (E) Compensation.--All matters relating to compensation of directors shall be as provided in the bylaws of the FIPC. (4) Meetings of board; bylaws and rules.--Subsections (d) and (e) of section 3 of SIPA shall apply with respect to the FIPC and the Commission in the same way the subsections apply with respect to the SIPC and the Securities and Exchange Commission. (b) FIPC Fund.-- (1) In general.--The FIPC shall establish, and make deposits into and payments from, an ``FIPC fund'' (in this Act referred to as the ``fund'') in the same manner in which the SIPC has established, and is authorized to make deposits into and payments from, the SIPC fund. (2) Assessments.--The FIPC shall impose on its members assessments subject to the same rules that apply to the imposition by the SIPC of assessments on the members of the SIPC. (c) Other Provisions.--Sections 5 through 16 of the SIPA shall apply with respect to the FIPC and the members, directors, officers, and employees of the FIPC, the Commission, the FIPC fund, futures commission merchants and their affiliates, futures contracts, futures transactions, customers, and debtors in the same way the sections apply with respect to the SIPC and the members, directors, officers, and employees of the SIPC, the Securities and Exchange Commission, the SIPC fund, persons registered as brokers or dealers (as defined in section 16(12) of the SIPA) and their affiliates, securities, securities transactions, customers (as defined in section 16(2) of the SIPA), and debtors (as defined in section 16(5) of the SIPA), respectively. (d) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Commodity Futures Trading Commission. (2) Contract market.--The term ``contract market'' means a board of trade designated as a contract market under the Commodity Exchange Act. (3) Futures contract.--The term ``futures contract'' means a contract of sale of a commodity for future delivery, within the meaning of the Commodity Exchange Act. (4) Futures commission merchant.--The term ``futures commission merchant'' has the meaning given the term in section 1a(28) of the Commodity Exchange Act. (5) SIPA.--The term ``SIPA'' means the Security Investors Protection Act of 1970. (6) SIPC.--The term ``SIPC'' means the Security Investors Protection Corporation. (7) SIPC fund.--The term ``SIPC fund'' means the fund established under section 4(a)(1) of the SIPA. SEC. 3. SUITABILITY RULES. (a) In General.--The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by inserting after section 4t the following: ``SEC. 4U. SUITABILITY RULES. ``(a) In General.-- ``(1) Recommendations must be suitable for the customer.--A futures commission merchant shall not recommend a transaction or investment strategy involving a contract of sale of a commodity for future delivery, unless the futures commission merchant has a reasonable basis to believe that the transaction or investment strategy is suitable for the customer, based on the information obtained through the reasonable diligence of the futures commission merchant to ascertain the customer's investment profile. A customer's investment profile includes, but is not limited to, the customer's age, other investments, financial situation and needs, tax status, investment objectives, investment experience, investment time horizon, liquidity needs, risk tolerance, and any other information the customer may disclose to the futures commission merchant in connection with the recommendation. ``(2) Safe harbor in certain cases.--A futures commission merchant is deemed to comply with paragraph (1) in the case of a customer with an institutional account, if-- ``(A) the futures commission merchant has a reasonable basis to believe that the customer is capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies involving a contract of sale of a commodity for future delivery; and ``(B) the customer affirmatively indicates that it is exercising independent judgment in evaluating the recommendations of the futures commission merchant. ``(b) Applicability With Respect to Certain Agents.--If a customer with an institutional account has delegated decisionmaking authority to an agent, subsection (a) shall be applied with respect to the agent. ``(c) Institutional Account Defined.--In this section, the term `institutional account' means the account of-- ``(1) a bank, savings and loan association, insurance company or registered investment company; ``(2) an investment adviser registered with the Securities and Exchange Commission under section 203 of the Investment Advisers Act or with a State securities commission (or any agency or office performing like functions); or ``(3) any other person (whether a natural person, corporation, partnership, trust or otherwise) with total assets of at least $50,000,000. ``(d) Penalties.--The Commission may impose one or more of the following sanctions on a person found by the Commission to have violated this section or to have neglected or refused to comply with an order issued by the Commission under this section: ``(1) Censure. ``(2) A fine. ``(3) Expulsion of the person from, or revocation of the membership of the person in, a registered entity. ``(4) Suspension for a definite period or a period contingent on the performance of a particular act, or revocation, of the registration of the person under this Act with the Commission as a futures commission merchant. ``(5) Suspension or bar of the person from association with any other futures commission merchant. ``(6) A temporary or permanent cease and desist order against the person. ``(7) Any other fitting sanction.''. (b) Effective Date.--Within 6 months after the date of the enactment of this Act, the Commodity Futures Trading Commission shall issue regulations for the implementation of the amendment made by subsection (a). SEC. 4. REVIEW OF PROOF OF CLAIMS RULES. (a) In General.--The Commodity Futures Trading Commission shall review the guidelines for establishing account classes and determining the basis for pro rata shares under, and the sample claim form set forth in, part 190 of title 17, Code of Federal Regulations, and consider the desirability of allowing use of a set date for valuation purposes rather than the date of actual liquidation of positions. (b) Report to the Congress.--Within 1 year after the date of the enactment of this Act, the Commodity Futures Trading Commission shall submit to the Congress a written report that contains the findings of the Commission with respect to the matters referred to in subsection (a), and includes such changes to the regulations in such part as the Commission deems appropriate.

Futures Investor Protection Act This bill establishes the Futures Investor Protection Corporation (FIPC) as a nonprofit membership corporation for all futures commission merchants registered with the Commodity Futures Trading Commission (CFTC). In general, the FIPC's powers and duties shall mirror those of the Security Investors Protection Corporation (the nonprofit membership corporation for registered broker-dealers). In addition, the bill amends the Commodity Exchange Act to establish suitability rules with respect to recommendations by a futures commission merchant to a customer. The CFTC must review certain guidelines regarding proof of claims, as specified by the bill.

Futures Investor Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Write the Laws Act''. SEC. 2. FINDINGS. (a) Article I, section 1 of the United States Constitution vests the legislative powers enumerated therein in the United States Congress, consisting of a Senate and a House of Representatives, subject only to the veto power of the President as provided in article I, section 7, clause 2. (b) Article II, section 1 of the United States Constitution vests the executive power of the United States in a President of the United States, except as enumerated in article II, section 2. (c) Article III, section 1 of the United States Constitution vests the judicial power of the United States in ``one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish,'' subject only to the jurisdictional limitations set forth in article III, section 2. (d) ``In the main, [the United States Constitution] has blocked out with singular precision, and in bold lines, in its three primary Articles, the allotment of power to the executive, the legislative, and judicial departments of the government [and] the powers confided by the Constitution to one of these departments cannot be exercised by another.'' Kilbourn v. Thompson, 103 U.S. 168, 191 (1881). (e) ``It is . . . essential to the successful working of this system, that the persons entrusted with power in any of these branches shall not be permitted to encroach upon the powers confided to others, but that each shall by the law of its creation be limited to the exercise of the powers of its own department and no other.'' Kilbourn v. Thompson, 103 U.S. 168, 191 (1881). (f) ``The increase in the number of States, in their population and wealth, and in the amount of power . . . [has] present[ed] powerful and growing temptations to those to whom that exercise is intrusted, to overstep the just boundaries of their own department, and enter upon the domain of one of the others, or to assume powers not intrusted to either of them.'' Kilbourn v. Thompson, 103 U.S. 168, 191-192 (1881). (g) Succumbing to these ``powerful and growing'' temptations, and beginning in the late nineteenth century with the Interstate Commerce Commission and continuing to the present time, Congress has unconstitutionally created numerous administrative agencies with blended powers, namely, (i) the exercise of legislative power vested by the Constitution in Congress, (ii) the exercise of executive power vested by the Constitution in the President and (iii) the exercise of judicial power vested by the Constitution in the Supreme Court and lower Federal courts. (h) By delegating legislative, executive and judicial power to the various administrative agencies, Congress has departed from the separation of powers structure of the United States Constitution, and ignored the warning of the framers of that instrument that ``[T]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.'' James Madison, The Federalist No. 47. (i) Further, by delegating legislative, executive, and judicial powers to various administrative agencies, Congress has unconstitutionally established a Star Chamber-like system of rules promulgated, executed and adjudicated by administrative agencies that are functionally a part of the executive branch of government in violation of the due process guarantee of the Fifth Amendment that secures a system of rules promulgated by Congress, executed by the President, and adjudicated by the courts independent from the legislative and executive branches of government. (j) By the very nature of legislative power, and by the express terms of article I, section 1 of the United States Constitution, Congress may not delegate any legislative power to any other branch of government or other entity, including any administrative agency. As Chief Justice John Marshall stated: ``It will not be contended that congress can delegate to the courts, or to any other tribunals, powers which are strictly and exclusively legislative.'' Wayman v. Southard, 10 Wheat. 23 U.S. 1, 41 (1825). (k) As Chief Justice Melville Fuller explained, a ``criminal offense'' created or clarified by an Executive Branch agency is not valid unless the offense ``is fully and completely defined by the act'' of Congress. In re Kollock, 165 U.S. 526 (1897). (l) By vesting legislative power in the Congress, the Constitution requires the Senate and the House of Representatives to enact statutes containing general rules to be executed by the President, as provided in article II, section 1 of the Constitution of the United States, and to be adjudicated in a case or controversy by such inferior courts as Congress may from time to time establish, or in the Supreme Court, as provided in article III, sections 1 and 2. (m) By abdicating its constitutional legislative responsibility to write the laws whereby the people are governed, and having unconstitutionally delegated that power to unelected bureaucrats, Congress has undermined the constitutional protections of (i) the checks and balances of a bicameral legislative body and (ii) of a presidential veto. (n) As a direct consequence of Congress having abdicated its responsibility to properly exercise the legislative power vested by the Constitution, Congress has: (i) imposed onerous and unreasonable burdens upon the American people; and (ii) violated the constitutional principle of the separation of the legislative, executive and judicial processes and functions. (o) As Chief Justice Roberts observed, ``the danger posed by the growing power of the administrative state cannot be dismissed,'' as there are now ``hundreds of federal agencies poking into every nook and cranny of daily life.'' City of Arlington v. FCC. 569 U.S._(2013) (Roberts, C.J., dissenting). SEC. 3. RESTORING THE SEPARATION OF POWERS. Title 1 of the United States Code, shall be amended by inserting at the end of chapter 2 a new chapter, 2B entitled ``SEPARATION OF POWERS'', including section 101, as follows: ``Sec. 101. Nondelegation of legislative power ``(a) Effective 90 calendar days after the enactment of this bill into law no bills passed by Congress shall contain any `delegation of legislative powers' whatsoever, whether to (a) any component within the Legislative Branch of government, (b) the President of the United States or any other member of the Executive Branch of government, (c) the Judicial Branch of government, (d) any federal administrative agency, (e) any quasi-public agency, (f) any state or instrumentality thereof, or (g) any other organization or individual. ``(b)(1) A prohibited `delegation of legislative powers' in this section shall include: (a) the creation or clarification of any criminal or civil offense; and (b) the creation or clarification of any non-criminal regulation, prohibition or limitation applicable to the public, or some subset thereof, that is not fully and completely defined by Congress, except that the Executive Branch of government may be delegated authority to make factual findings that will determine the date upon which such statute is implemented, suspended, or revived. ``(2) A prohibited `delegation of legislative powers' in this section shall not include the issuance of any presidential proclamation, or the issuance by any rule or regulation governing the internal operation of any government agency, or conditions made upon grants or contracts issued by any government agency. ``(c) Effective 90 calendar days after the enactment of this bill into law, no new presidential directive, adjudicative decision, rule, or regulation, or change to an existing presidential directive, adjudicative decision, rule, or regulation governing, limiting, imposing a penalty on, or otherwise regulating any activity of any person or entity, other than an officer or employee of the United States government, shall be promulgated or put into effect, unless said directive, decision, rule or regulation is authorized by a bill written in compliance with this section, and duly enacted according to the process of Article I, Section 7 of the United States Constitution. ``(d) Within six months after the effective date of this Act, the Comptroller General of the United States, shall report to Congress identifying all statutes enacted prior to the effective date of this statute which contain any `delegation of legislative powers' prohibited in this section, to the end that Congress may take action to repeal or amend any such statutes.''. SEC. 4. ENFORCEMENT CLAUSE. Title 1 of the United States Code shall be further amended by adding to new said chapter 2B, as follows: ``Sec. 102. Enforcement clause ``(a) Effective 90 days after the enactment of this bill, no bill shall become law, nor enforced or applied as law, without Congress having complied fully with the requirements of Section 101(A) and (B) of Chapter 2B of Title 1 of the United States Code, and any persons against whom such a law is enforced or applied may invoke such noncompliance as a complete defense to any legal, equitable, or regulatory action, civil or criminal, brought against him under said law, or the color thereof. ``(b) Any person aggrieved by any action of any executive officer or administration agency pursuant to any statute that does not comply with the provisions of this Act shall have a cause of action under Sections 2201 and 2202, Title 28, United States Code, and Rules 57 and 65, Federal Rules of Civil Procedure, against the United States to seek appropriate relief, including an injunction against enforcement of any law, the contents of which did not conform to the requirements of this Act. ``(c) In any judicial action brought pursuant to subsection (B) of this section, the standard of review shall be de novo.''. SEC. 5. SEVERABILITY CLAUSE. If any provision of this Act, or the application thereof, to any person or circumstance is held invalid for any reason in any court of competent jurisdiction, such invalidity does not affect other provisions or other applications of this Act which can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.

Write the Laws Act - Prohibits: (1) the inclusion of a delegation of legislative powers clause in any bill passed by Congress, whether such delegation is to a branch of government, a federal or quasi-public agency, a state or instrumentality thereof, or any other organization or individual; or (2) any new presidential directive, adjudicative decision, rule, or regulation governing, limiting, imposing a penalty on, or otherwise regulating any activity of, any person or entity, other than a U.S. officer or employee, unless such directive, decision, rule, or regulation is authorized by a duly-enacted bill. Directs the Comptroller General (GAO) to report to Congress identifying all previously-enacted statutes that contain a delegation of powers clause to assist Congress in repealing or amending any such statutes.

Write the Laws Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Government Compensation Act of 2010''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the Federal National Mortgage Association (known as Fannie Mae) and the Federal Home Loan Mortgage Corporation (known as Freddie Mac), which are both privately owned but publicly chartered government-sponsored enterprises (GSEs), were at the center of the mortgage market meltdown that caused the financial crisis that commenced in 2008; (2) the failures of Fannie Mae and Freddie Mac helped precipitate the deepest economic decline since World War II and the loss of 7,500,000 jobs; (3) in September 2008, the Treasury Department, Federal Reserve Board, and Federal Housing Finance Agency (FHFA) exercised authority granted by the Congress to place the two GSEs in conservatorship, a form of nationalization that puts the regulators firmly in control of the GSEs' daily operations; (4) in September 2008, the Administration established a $200 billion facility to purchase senior preferred stock in the enterprises to backstop their losses; (5) in February 2009, the Obama Administration raised the senior preferred stock purchase commitment to $400 billion; (6) on Christmas Eve 2009, the Obama Administration removed any limits on the use of Federal funds to cover losses at the enterprises, significantly expanding a commitment that has already resulted in the expenditure of more than $110 billion in taxpayer funds to purchase senior preferred stock in the two enterprises; (7) as a result of the Government's actions, the taxpayers of the United States now own at least 80 percent of the two GSEs; (8) the Administration is using Fannie Mae and Freddie Mac as instruments of Federal housing policy, making it less likely that they will ever be returned to private ownership; (9) the Congressional Budget Office has concluded that Fannie Mae and Freddie Mac have effectively become government entities whose operations should be included in the Federal budget; (10) the GSEs are expected to be a long-term drain on the taxpayers as a result of market conditions and the political and public policy mandates imposed on them by the Administration and the Congress; (11) in spite of these liabilities, at the end of 2009, the Treasury Department and the FHFA approved compensation packages for 2010 for the chief executive officers of Fannie Mae and Freddie Mac of $6,000,000 each, including incentive pay of $2,000,000 each, which is 15 times more than the annual compensation of the President and 30 times more than the annual compensation of a Cabinet Secretary; (12) the Treasury Department and the FHFA also approved multi-million dollar compensation packages for a number of the GSEs' top executives, payable in cash rather than in the type of stock options that have characterized compensation arrangements at other large financial institutions that have received extraordinary government assistance; (13) on September 17, 2008, FHFA determined that no executive officer of Fannie Mae or Freddie Mac would be entitled to receive a cash bonus or long-term incentive awards for 2008; (14) FHFA's five-year Strategic Plan for Fannie Mae and Freddie Mac includes a commitment that the GSEs will operate in a safe and sound manner; and (15) section 1318(c) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4518(c), as added by section 1113(a)(4) of the Housing and Economic Recovery Act of 2008 (Public Law 110-289; 122 Stat. 2678)), permits the Director of FHFA to ``withhold any payment, transfer, or disbursement of compensation to an executive officer, or to place such compensation in an escrow account, during the review of the reasonableness and comparability of compensation''. SEC. 3. REASONABLE COMPENSATION. (a) Suspension of Current Compensation Packages.--The Director of the Federal Housing Finance Agency shall immediately upon the enactment of this Act suspend the compensation packages approved for 2010 for the executive officers (as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation and, in lieu of such packages, establish a compensation system for the executive officers of such enterprises in accordance with the rates of pay for positions in the Executive Schedule and the Senior Executive Service of the Federal Government. (b) Clawback of 2009 Compensation.-- (1) Sense of the congress.--It is the sense of the Congress that each executive officer (as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation should return to the Secretary of the Treasury any compensation earned in 2009 that was in excess of the maximum annual rate of basic pay authorized for a position in level I of the Executive Schedule. (2) Use to reduce national debt.--The Secretary of the Treasury shall transfer any amounts referred to in paragraph (1) that are returned to the Secretary to the special account established by section 3113(d) of title 31, United States Code (relating to reducing the public debt).

Equity in Government Compensation Act of 2010 - Requires the Director of the Federal Housing Finance Agency to: (1) suspend immediately the compensation packages approved for 2010 for the executive officers of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac); and (2) establish, in lieu of such packages, a compensation system for such officers in accordance with the rates of pay for positions in the Executive Schedule and the Senior Executive Service of the federal government. Expresses the sense of Congress that each executive officer of Fannie Mae and Freddie Mac should return to the Secretary of the Treasury (clawback) any compensation earned in 2009 that was in excess of the maximum annual rate of basic pay authorized for a position in level I of the Executive Schedule. Instructs the Secretary of the Treasury to transfer any such amounts returned to the Secretary to a specified account in the Treasury for receiving gifts and proceeds from their sale or redemption, and dedicated to reducing the public debt.

To suspend the current compensation packages for the senior executives of Fannie Mae and Freddie Mac and establish compensation for such positions in accordance with rates of pay for senior employees in the Executive Branch of the Federal Government, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Partnership Benefits and Obligations Act''. SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES. (a) In General.--A domestic partner of an employee shall be entitled to benefits available to and obligations imposed upon a spouse of an employee. (b) Certification of Eligibility.--In order to obtain benefits under this Act, an employee shall file an affidavit of eligibility for benefits with the Office of Personnel Management certifying that the employee and the domestic partner of the employee-- (1) are each other's sole domestic partner and intend to remain so indefinitely; (2) have a common residence, and intend to continue the arrangement; (3) are at least 18 years of age and mentally competent to consent to contract; (4) share responsibility for a significant measure of each other's common welfare and financial obligations; (5) are not married to or domestic partners with anyone else; (6) understand that willful falsification of information within the affidavit may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification; and (7)(A) are same sex domestic partners, and not related in a way that, if the 2 were of opposite sex, would prohibit legal marriage in the State in which they reside; or (B) are opposite sex domestic partners, and are not related in a way that would prohibit legal marriage in the State in which they reside. (c) Dissolution of Partnership.-- (1) In general.--An employee or domestic partner of an employee who obtains benefits under this Act shall file a statement of dissolution of the domestic partnership with the Office of Personnel Management not later than 30 days after the death of the employee or the domestic partner or the date of dissolution of the domestic partnership. (2) Death of employee.--In a case in which an employee dies, the domestic partner of the employee at the time of death shall be deemed a spouse of the employee for the purpose of receiving benefits under this Act. (3) Other dissolution of partnership.-- (A) In general.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any benefits received by the domestic partner as a result of this Act shall terminate. (B) Exception.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any health benefits received by the domestic partner as a result of this Act shall continue for a period of 60 days after the date of the dissolution of the partnership. The domestic partner shall pay for such benefits in the same manner that a former spouse would pay for such benefits under applicable provisions of chapter 89 of title 5, United States Code. (d) Confidentiality.--Any information submitted to the Office of Personnel Management under subsection (b) shall be used solely for the purpose of certifying an individual's eligibility for benefits under subsection (a). (e) Definitions.--For purposes of this Act: (1) Domestic partner.--The term ``domestic partner'' means an adult person living with, but not married to, another adult person in a committed, intimate relationship. (2) Benefits.--The term ``benefits'' means benefits under-- (A) chapter 81 of title 5, United States Code (relating to compensation for work injuries); (B) subchapter III of chapter 83 of such title (relating to the Civil Service Retirement System); (C) chapter 84 of such title (relating to the Federal Employees' Retirement System); (D) chapter 87 of such title (relating to life insurance); and (E) chapter 89 of such title (relating to health insurance). (3) Employee.--The term ``employee'' has the meaning given such term by-- (A) section 8101(1) of title 5, United States Code, when used with respect to benefits described in paragraph (2)(A); (B) section 8331(1) of such title, when used with respect to benefits described in paragraph (2)(B); (C) section 8401(11) of such title, when used with respect to benefits described in paragraph (2)(C); (D) section 8701(a) of such title, when used with respect to benefits described in paragraph (2)(D); and (E) section 8901(1) of such title, when used with respect to benefits described in paragraph (2)(E). (4) Obligations.--The term ``obligations'' means any duties or responsibilities that would be incurred by the spouse of an employee. SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER-PROVIDED FRINGE BENEFITS TO DOMESTIC PARTNERS. (a) In General.--Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(e) Treatment of Domestic Partners.--The provisions of section 2 of the Domestic Partnership Benefits and Obligations Act shall apply to employees and domestic partners of employees for purposes of this section and any other benefit which is not includible in the gross income of employees by reason of an express provision of this chapter.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2005.

Domestic Partnership Benefits and Obligations Act - Entitles domestic partners of federal employees to benefits available to spouses of federal employees. Specifies certifications required for benefit eligibility, filing requirements regarding partnership dissolution, and confidentiality requirements. Amends the Internal Revenue Code to extend the tax exemption for employer contributions to accident and health plans to domestic partners under this Act.

To provide benefits to domestic partners of Federal employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Outreach Improvement Act of 2009''. SEC. 2. DEFINITION OF OUTREACH. Section 101 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(34) The term `outreach' means the act or process of reaching out in a systematic manner to proactively provide information, services, and benefits counseling to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive benefits under the laws administered by the Secretary, to ensure that such individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws.''. SEC. 3. AUTHORITIES AND REQUIREMENTS FOR ENHANCEMENT OF OUTREACH OF ACTIVITIES DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 5 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IV--OUTREACH ``Sec. 561. Outreach activities: Funding ``(a) Separate Account for Outreach Activities.--The Secretary shall establish a separate account for the funding of the outreach activities of the Department, and shall establish within such account a separate subaccount for the funding of the outreach activities of each element of the Department specified in subsection (c). ``(b) Separate Statement of Amount for Outreach Activities.--In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested for such fiscal year for activities as follows: ``(1) For outreach activities of the Department in aggregate. ``(2) For outreach activities of each element of the Department specified in subsection (c). ``(c) Elements Specified.--The elements of the Department specified in this subsection are as follows: ``(1) The Veterans Health Administration. ``(2) The Veterans Benefits Administration. ``(3) The National Cemetery Administration. ``Sec. 562. Outreach activities: Coordination of activities within Department ``(a) Coordination.--The Secretary shall establish and maintain procedures for ensuring the effective coordination of the outreach activities of the Department between and among the following: ``(1) The Office of the Secretary. ``(2) The Office of Public Affairs. ``(3) The Veterans Health Administration. ``(4) The Veterans Benefits Administration. ``(5) The National Cemetery Administration. ``(b) Review and Modification of Procedures.--The Secretary shall-- ``(1) periodically review the procedures maintained under subsection (a) for the purpose of ensuring that such procedures meet the requirement in that subsection; and ``(2) make such modifications to such procedures as the Secretary considers appropriate in light of such review in order to better achieve that purpose. ``Sec. 563. Outreach activities: Cooperative activities with States; grants to States for improvement of outreach ``(a) Purpose.--It is the purpose of this section to assist States in carrying out programs that offer a high probability of improving outreach and assistance to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive veterans' or veterans-related benefits, to ensure that such individuals are fully informed about, and assisted in applying for, any veterans and veterans-related benefits and programs (including under State veterans programs). ``(b) Proximity to Veteran Populations.--The Secretary shall ensure that outreach and assistance is provided under programs referred to in subsection (a) in locations proximate to populations of veterans and other individuals referred to in that subsection, as determined utilizing criteria for determining the proximity of such populations to veterans health care services. ``(c) Cooperative Agreements and Arrangements.--The Secretary may enter into cooperative agreements and arrangements with veterans agencies of the States in order to carry out, coordinate, improve, or otherwise enhance outreach by the Department and the States (including outreach with respect to State veterans' programs). ``(d) Grants to State Agencies.--(1) The Secretary may award grants to veterans agencies of States in order to achieve purposes as follows: ``(A) To carry out, coordinate, improve, or otherwise enhance outreach, including activities pursuant to cooperative agreements and arrangements under subsection (c). ``(B) To carry out, coordinate, improve, or otherwise enhance activities to assist in the development and submittal of claims for veterans' and veterans-related benefits, including activities pursuant to cooperative agreements and arrangements under subsection (c). ``(2) A veterans agency of a State receiving a grant under this subsection may use the grant amount for purposes described in paragraph (1) or award all or any portion of such grant amount to local governments in such State, other public entities in such State, or private nonprofit organizations in such State for such purposes. ``(e) Availability of Appropriations.--Amounts available for the Department for outreach in the account under section 561 of this title shall be available for activities under this section, including grants under subsection (d).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new items: ``subchapter iv--outreach ``561. Outreach activities: Funding. ``562. Outreach activities: Coordination of activities within Department. ``563. Outreach activities: Cooperative activities with States; grants to States for improvement of outreach.''.

Veterans Outreach Improvement Act of 2009 - Directs the Secretary of Veterans to establish a separate account for the funding of outreach activities of the Department of Veterans Affairs (VA) and a separate subaccount for the funding of outreach activities of the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Directs the Secretary to establish and maintain procedures for ensuring the effective coordination of VA outreach activities between and among such elements, the Office of the Secretary, and the Office of Public Affairs. Authorizes the Secretary to award grants to state veterans agencies to carry out, coordinate, and improve outreach by the VA and the states.

To amend title 38, United States Code, to improve the outreach activities of the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Protection and Government Accountability Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Congress has the power to regulate commerce among the several States and Indian tribes; (2) property rights are essential to interstate commerce, ensuring that individuals make the best economic use of their property; (3) potential residents and businesses may avoid communities that have a record of taking private property for private economic development; (4) public takings for private purposes are harmful to communities and to interstate commerce; (5) public taking of private property for economic development is not a traditional nor sound function of State or local government; and (6) in order to promote and protect interstate commerce, public takings for private purposes should be prohibited. SEC. 3. PROHIBITION ON ECONOMIC DEVELOPMENT FUNDS. Any State or political subdivision of a State that carries out a public taking for any private purpose in or affecting interstate commerce shall not be eligible to receive any Federal economic development funds for a period of 10 fiscal years. SEC. 4. INJUNCTIVE RELIEF AND RESTORATION TO OWNER. (a) Cause of Action.--Any owner of private property that is subject to a public taking described in section 3 may bring an action in the appropriate Federal or State court to obtain injunctive and declaratory relief. (b) Attorney's Fee and Other Costs.--In any action or proceeding under this section, the court shall allow a prevailing plaintiff a reasonable attorney's fee as part of the costs, and include expert fees as part of the attorney's fee. SEC. 5. DEFINITIONS. As used in this Act, the following definitions apply: (1) Private purpose.-- (A) In general.--The term ``private purpose'', with regard to property that has been acquired and conveyed through a public taking, means the ownership, control, or use of such property by a private party or parties that advances the economic interests of the private party or parties. Such term includes but is not limited to the following: (i) Any use of such property in an economic development plan of which the benefit to the public is increased tax revenue, increased employment, or other indirect benefit. (ii) The lease of such property to a private party or parties for private development, including commercial, industrial, or residential development. (iii) Any control of such property by a private party that-- (I) excludes a general public use or benefit; or (II) primarily benefits the private party or parties and benefits the public indirectly. (B) Exceptions.--Such term shall not include-- (i) conveying private property to public ownership, such as for a road, hospital, or prison, or to an entity, such as a common carrier, that makes the property available for use by the general public as of right, such as a railroad, public utility, or public facility, or for use as a right of way, aqueduct, pipeline, or similar use; (ii) acquiring property to eliminate harmful uses of the property, provided such uses present an imminent and substantial danger to the public health; (iii) 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; (iv) acquiring abandoned property; and (v) clearing defective chains of title. (2) Federal economic development funds.--The term ``Federal economic development funds'' means any Federal funds-- (A) administered by the Secretary of Commerce, the Secretary of Energy, or the Administrator of the Environmental Protection Agency, and distributed to or through States or political subdivisions of States, to the extent such funds are not provided to assist States or political subdivisions of States in complying with any requirements of Federal law or regulation; or (B) distributed to or through States or political subdivisions of States under Federal laws and whose purpose is to promote interstate commerce and improve or increase the size of the economies of States or political subdivisions of States. (3) Public taking.--The term ``public taking'' means an action by a State or political subdivision of a State or by any person or entity to which such power has been delegated that transfers all or part of the legal rights in property from a private owner to another person or to public ownership without the consent of the private owner. SEC. 6. GENERAL AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF COMMERCE. There is authorized to be appropriated to the Secretary of Commerce to carry out the functions of the Department-- (1) $8,919,000,000 for fiscal year 2009; (2) $11,974,000,000 for fiscal year 2010; (3) $6,953,000,000 for fiscal year 2011; (4) $6,691,000,000 for fiscal year 2012; and (5) $6,780,000,000 for fiscal year 2013.

Private Property Rights Protection and Government Accountability Act - Makes any state or political subdivision thereof that carries out a public taking for any private purpose in or affecting interstate commerce ineligible for any federal economic development funds for ten fiscal years. Entitles any owner of private property subject to such a taking to injunctive and declaratory relief. Authorizes appropriations for the Department of Commerce for FY2009-FY2013.

To authorize appropriations for the Department of Commerce and to prohibit Federal economic development funds to States that carry out public takings for private purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bailout Prevention Act of 2015''. SEC. 2. DISCOUNTS FOR INDIVIDUALS, PARTNERSHIPS, AND CORPORATIONS. Section 13(3)(B) of the Federal Reserve Act (12 U.S.C. 343(3)(B)) is amended by striking clauses (ii) and (iii) and inserting the following: ``(ii)(I) The Board shall establish procedures to prohibit borrowing from programs and facilities by borrowers that are insolvent. A borrower shall not be eligible to borrow from any emergency lending program or facility unless the Board and all Federal banking regulators with jurisdiction over the borrower certify that, at the time the borrower initially borrows under the program or facility, the borrower is not insolvent. Solvency shall be assessed by examining the last 4 months of relevant financial data and determining whether the fair value of the borrower's assets exceeds the fair value of the borrower's liabilities, with appropriate adjustment for temporary illiquidity in relevant markets. ``(II) A borrower shall be considered insolvent for purposes of this subparagraph if the borrower is-- ``(aa) in bankruptcy, resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et seq.), or any other Federal or State insolvency proceeding; or ``(bb) a bridge financial company (as defined in section 201(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381(a))) or a bridge depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)). ``(III) If the Board or any other banking regulator makes a certification of solvency, the Board or banking regulator, as applicable, shall issue a contemporaneous public statement providing a detailed explanation of the certification decision. ``(iii) A program or facility shall be considered a program or facility with broad-based eligibility only if not fewer than 5 companies are eligible to participate in the program or facility in a significant manner.''. SEC. 3. PENALTY RATE REQUIREMENT; CONGRESSIONAL APPROVAL REQUIREMENT. Section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) is amended by adding at the end the following: ``(F) Any emergency lending under this paragraph shall be provided at an annual interest rate not less than 500 basis points greater than the cost of borrowing for the United States Treasury for a commensurate loan term. ``(G)(i) If the Board determines that the Board shall create an emergency lending program or facility that does not comply with the broad-based eligibility requirement described in subparagraph (B)(iii) or the penalty rate requirement described in subparagraph (F), the Board-- ``(I) may create such a program or facility; and ``(II) not later than 3 days after the date on which a program or facility is created under clause (i), shall submit to Congress a report that describes the reasons why the Board is unable to comply with any requirement described in the matter preceding subclause (I). ``(ii)(I) A program or facility created under clause (i)(I) shall terminate on the date that is 30 calendar days after the date on which Congress receives a report described in clause (i)(II) unless there is enacted into law a joint resolution approving the program or facility not later than 30 calendar days after the date on which the report is received. Any loan offered through the program or facility that are outstanding as of the date on which the facility is terminated shall be repaid in full not later than 30 calendar days after the date on which the program or facility is terminated. ``(II) For the purpose of this section, the term `joint resolution' means only a joint resolution-- ``(aa) that is introduced not later than 3 calendar days after the date on which the report referred to in clause (i)(I) is received by Congress; ``(bb) that does not have a preamble; ``(cc) the title of which is as follows: `Joint resolution relating to the approval of a program or facility created by the Board of Governors of the Federal Reserve System'; and ``(dd) the matter after the resolving clause of which is as follows: `That Congress approves the program or facility created by the Board of Governors of the Federal Reserve System on __________.' (The blank space being appropriately filled in). ``(III)(aa) Upon receipt of a report under subsection (a)(3), the Speaker, if the House would otherwise be adjourned, shall notify the Members of the House that, pursuant to this section, the House shall convene not later than the second calendar day after receipt of such report. ``(bb) Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House not later than 5 calendar days after the date of receipt of the report described in clause (i)(II). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. ``(cc) After each committee authorized to consider a joint resolution reports it to the House or has been discharged from its consideration, it shall be in order, not later than the sixth day after Congress receives the report described in clause (i)(II), to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(dd) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. ``(IV)(aa) Upon receipt of a report under clause (i)(II), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this subparagraph, the Senate shall convene not later than the second calendar day after receipt of such message. ``(bb) Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. ``(cc)(AA) Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the fourth day after the date on which Congress receives a report described in clause (i)(II) and ending on the sixth day after the date on which Congress receives the report (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. ``(BB) Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. ``(CC) The vote on passage shall occur immediately following the conclusion of the debate on a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. ``(DD) Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. ``(V)(aa) If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution, then the following procedures shall apply: ``(AA) The joint resolution of the other House shall not be referred to a committee. ``(BB) With respect to a joint resolution of the House receiving the resolution-- ``(CC) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(DD) the vote on passage shall be on the joint resolution of the other House. ``(bb) If one House fails to introduce or consider a joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section. ``(cc) If, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. ``(dd) If the President vetoes the joint resolution, the period beginning on the date the President vetoes the joint resolution and ending on the date the Congress receives the veto message with respect to the joint resolution shall be disregarded in computing the 30-calendar-day period described in subclause (I) and debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. ``(ee) This subclause and subclauses (II), (III), and (IV) are enacted by Congress-- ``(AA) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(BB) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''. SEC. 4. PUBLIC DISCLOSURE OF INFORMATION RELATED TO CREDIT FACILITIES. (a) Reports on GAO Audits.--Section 714(f)(3)(C)(iii) of title 31, United States Code, is amended-- (1) by striking ``1 year'' and inserting ``60 days''; and (2) by striking ``24 months'' and inserting ``60 days''. (b) Public Disclosures by the Board of Governors.--Section 11 of the Federal Reserve Act (12 U.S.C. 248(s)) is amended-- (1) in the first subsection (s) (relating to transparency and the release of information)-- (A) in paragraph (2)-- (i) in subparagraph (A), by striking ``1 year'' and inserting ``60 days''; and (ii) in subparagraph (B), by striking ``the last day of the eighth calendar quarter following the calendar quarter in which'' and inserting ``the date that is 60 days after the date on which''; and (B) in paragraph (5), by striking ``24-month'' and inserting ``60 days''; and (2) by redesignating the second subsection (s) (relating to assessments, fees, and other charges) as subsection (t).

Bailout Prevention Act of 2015 This bill amends the Federal Reserve Act, with respect to the discounting of obligations arising out of actual commercial transactions, to declare a borrower ineligible to borrow from any emergency lending program or facility unless the Board of Governors of the Federal Reserve System and all federal banking regulators with jurisdiction over the borrower certify that, at the time the borrower initially borrows under the program or facility, the borrower is not insolvent. A borrower shall be deemed insolvent for such purposes if it is a bridge financial company (organized by the Federal Deposit Insurance Corporation [FDIC] to resolve a covered financial company) or a bridge depository institution (a new national bank or federal savings association organized by the FDIC to assume the deposits of one or more insured depository institutions that are in default or in danger of default). The annual (penalty) interest rate for emergency lending must be at least 500 basis points greater than the cost of borrowing for the United States Treasury for a commensurate loan term. The Board may create an emergency lending program or facility that does not meet the broad-based eligibility requirement (that at least five companies be eligible to participate in it) or this penalty rate requirement, but only if Congress enacts a joint resolution of approval within 30 days. The bill reduces from 1 year to 60 days after termination the deadline by which the Government Accountability Office must release a nonredacted version of any audit report on a credit facility of the Federal Reserve System whose authorization has been terminated by the Board. The Board must also disclose, 60 days (currently 1 year) after it has terminated the authorization of a credit facility, any information concerning its borrowers and counterparties. In the case of a covered transaction the Board must disclose similar information 60 days after the date on which the covered transaction was conducted (currently the last day of the eighth calendar quarter following the calendar quarter of such transaction). A credit facility, unless otherwise terminated by the Board, shall be deemed to have been terminated 60 days (currently 24 months) after the date on which it ceases to makes extensions of credit and loans.

Bailout Prevention Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Budgeting Act''. SEC. 2. BUDGETARY TREATMENT OF HIGHWAY TRUST FUND, AIRPORT AND AIRWAY TRUST FUND, INLAND WATERWAYS TRUST FUND, AND HARBOR MAINTENANCE TRUST FUND. (a) In General.--Notwithstanding any other provision of law except the Line Item Veto Act of 1996, the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund-- (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President, (B) the congressional budget (including allocations of budget authority and outlays provided therein), or (C) the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. (b) Limitation on Interest Paid to Trust Funds.-- (1) In general.--Paragraph (3) of section 9602(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``The amount of interest credited to the Airport and Airway Trust Fund, the Highway Trust Fund, the Harbor Maintenance Trust Fund, or the Inland Waterways Trust Fund for any fiscal year shall not exceed the amount of interest which would be credited to such Fund if such interest were determined at the average interest rate on 52-week Treasury securities sold to the public during such fiscal year.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to fiscal years beginning after the date of the enactment of this Act. SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY TRUST FUND. (a) In General.--Chapter 471 of title 49, United States Code, is amended-- (1) by redesignating section 47131 as section 47132; and (2) by inserting after section 47130 the following new section: ``Sec. 47131. Safeguards against deficit spending ``(a) Estimates of Unfunded Aviation Authorizations and Net Aviation Receipts.--Not later than March 31 of each year, the Secretary, in consultation with the Secretary of the Treasury, shall estimate-- ``(1) the amount which would (but for this section) be the unfunded aviation authorizations at the close of the first fiscal year that begins after that Mach 31, and ``(2) the net aviation receipts at the close of such fiscal year. ``(b) Procedure if Excess Unfunded Aviation Authorizations.--If the Secretary determines for any fiscal year that the amount described in subsection (a)(1) exceeds the amount described in subsection (a)(2), the Secretary shall determine the amount of such excess. ``(c) Adjustment of Authorizations if Unfunded Authorizations Exceed Receipts.-- ``(1) Determination of percentage.--If the Secretary determines that there is an excess referred to in subsection (b) for a fiscal year, the Secretary shall determine the percentage which-- ``(A) such excess, is of ``(B) the total of the amounts authorized to be appropriated from the Airport and Airway Trust Fund for the next fiscal year. ``(2) Adjustment of authorizations.--If the Secretary determines a percentage under paragraph (1), each amount authorized to be appropriated from the Airport and Airway Trust Fund for the next fiscal year shall be reduced by such percentage. ``(d) Availability of Amounts Previously Withheld.-- ``(1) Adjustment of authorizations.--If, after a reduction has been made under subsection (c)(2), the Secretary determines that the amount described in subsection (a)(1) does not exceed the amount described in subsection (a)(2) or that the excess referred to in subsection (b) is less than the amount previously determined, each amount authorized to be appropriated that was reduced under subsection (c)(2) shall be increased, by an equal percentage, to the extent the Secretary determines that it may be so increased without causing the amount described in subsection (a)(1) to exceed the amount described in subsection (a)(2) (but not by more than the amount of the reduction). ``(2) Apportionment.--The Secretary shall apportion amounts made available for apportionment by paragraph (1). ``(3) Period of availability.--Any funds apportioned under paragraph (2) shall remain available for the period for which they would be available if such apportionment took effect with the fiscal year in which they are apportioned under paragraph (2). ``(e) Reports.--Any estimate under subsection (a) and any determination under subsection (b), (c), or (d) shall be reported by the Secretary to Congress. ``(f) Definitions.--For purposes of this section, the following definitions apply: ``(1) Net aviation receipts.--The term `net aviation receipts' means, with respect to any period, the excess of-- ``(A) the receipts (including interest) of the Airport and Airway Trust Fund during such period, over ``(B) the amounts to be transferred during such period from the Airport and Airway Trust Fund under section 9502(d) of the Internal Revenue Code of 1986 (other than paragraph (1) thereof). ``(2) Unfunded aviation authorizations.--The term `unfunded aviation authorization' means, at any time, the excess (if any) of-- ``(A) the total amount authorized to be appropriated from the Airport and Airway Trust Fund which has not been appropriated, over ``(B) the amount available in the Airport and Airway Trust Fund at such time to make such appropriation (after all other unliquidated obligations at such time which are payable from the Airport and Airway Trust Fund have been liquidated).''. (b) Conforming Amendment.--The analysis for chapter 471 of title 49, United States Code, is amended by striking ``47131. Annual report.'' and inserting the following: ``47131. Safeguards against deficit spending. ``47132. Annual report.''. SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF THE INLAND WATERWAYS TRUST FUND AND HARBOR MAINTENANCE TRUST FUND. (a) Estimates of Unfunded Inland Waterways Authorizations and Net Inland Waterways Receipts.--Not later than March 31 of each year, the Secretary of the Army, in consultation with the Secretary of the Treasury, shall estimate-- (1) the amount which would (but for this section) be the unfunded inland waterways authorizations and unfunded harbor maintenance authorizations at the close of the first fiscal year that begins after that March 31; and (2) the net inland waterways receipts and net harbor maintenance receipts at the close of such fiscal year. (b) Procedure If Excess Unfunded Inland Waterways Authorizations.-- If the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund for any fiscal year that the amount described in subsection (a)(1) exceeds the amount described in subsection (a)(2), the Secretary shall determine the amount of such excess. (c) Adjustment of Authorizations if Unfunded Authorizations Exceed Receipts.-- (1) Determination of percentage.--If the Secretary of the Army determines that there is an excess referred to in subsection (b) for a fiscal year, the Secretary of the Army shall determine the percentage which-- (A) such excess, is of (B) the total of the amounts authorized to be appropriated from the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund, as the case may be, for the next fiscal year. (2) Adjustment of authorizations.--If the Secretary of the Army determines a percentage under paragraph (1), each amount authorized to be appropriated from the Trust Fund for the next fiscal year shall be reduced by such percentage. (d) Availability of Amounts Previously Withheld.--If, after an adjustment has been made under subsection (c)(2), the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund that the amount described in subsection (a)(1) does not exceed the amount described in subsection (a)(2) or that the excess referred to in subsection (b) with respect to the Trust Fund is less than the amount previously determined, each amount authorized to be appropriated that was reduced under subsection (c)(2) with respect to the Trust Fund shall be increased, by an equal percentage, to the extent the Secretary of the Army determines that it may be so increased without causing the amount described in subsection (a)(1) to exceed with respect to the Trust Fund the amount described in subsection (a)(2) (but not by more than the amount of the reduction). (e) Reports.--Any estimate under subsection (a) and any determination under subsection (b), (c), or (d) shall be reported by the Secretary of the Army to Congress. (f) Definitions.--For purposes of this section the following definitions apply: (1) Airport and airway trust fund.--The term ``Airport and Airway Trust Fund'' means the Airport and Airway Trust Fund established by section 9502 of the Internal Revenue Code of 1986. (2) Harbor maintenance trust fund.--The term ``Harbor Maintenance Trust Fund'' means the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986. (3) Highway trust fund.--The term ``Highway Trust Fund'' means the Highway Trust Fund established by section 9503 of the Internal Revenue Code of 1986. (4) Inland waterways trust fund.--The term ``Inland Waterways Trust Fund'' means the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (5) Net harbor maintenance receipts.--The term ``net harbor maintenance receipts'' means, with respect to any period, the receipts (including interest) of the Harbor Maintenance Trust Fund during such period. (6) Net inland waterways receipts.--The term ``net inland waterways receipts'' means, with respect to any period, the receipts (including interest) of the Inland Waterways Trust Fund during such period. (7) Unfunded inland waterways authorizations.--The term ``unfunded inland waterways authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Inland Waterways Trust Fund which has not been appropriated, over (B) the amount available in the Inland Waterways Trust Fund at such time to make such appropriations. (8) Unfunded harbor maintenance authorizations.--The term ``unfunded harbor maintenance authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Harbor Maintenance Trust Fund which has not been appropriated, over (B) the amount available in the Harbor Maintenance Trust Fund at such time to make such appropriations. SEC. 5. APPLICABILITY. This Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 1995. Passed the House of Representatives April 17, 1996. Attest: Clerk.

Truth in Budgeting Act - Prohibits (subject to the Line Item Veto Act of 1996) the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation. Amends the Internal Revenue Code to limit the amount of interest that may be credited to such trust funds. Amends Federal transportation law to require the Secretary of Transportation to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations do or do not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated from the Airport and Airway Trust Fund based on the difference. Sets forth similar provisions with respect to the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund.

Truth in Budgeting Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women and HIV Outreach and Prevention Act''. SEC. 2. PREVENTIVE HEALTH PROGRAMS REGARDING WOMEN AND HUMAN IMMUNODEFICIENCY VIRUS. Title XXV of the Public Health Service Act (42 U.S.C. 300ee et seq.) is amended by adding at the end the following part: ``Part C--Programs for Women ``SEC. 2531. PREVENTIVE HEALTH SERVICES. ``(a) In General.--The Secretary may make grants for the following purposes: ``(1) Providing to women preventive health services that are related to acquired immune deficiency syndrome, including-- ``(A) providing prevention education on the human immunodeficiency virus (in this part referred to as `HIV'), including counseling on all modes of transmission between individuals, including sexual contact, the use of IV drugs, and maternal-fetal transmission; ``(B) making available voluntary HIV testing services to women; and ``(C) providing effective and close linkages between testing and care services for women. ``(2) Providing appropriate referrals regarding the provision of other services to women who are receiving services pursuant to paragraph (1), including, as appropriate, referrals regarding the following: treatment for HIV infection; treatment for substance abuse; mental health services; pregnancy and childbirth; pediatric care; housing services; public assistance; job training; child care; respite care; reproductive health care; and domestic violence. ``(3) Providing follow-up services regarding such referrals, to the extent practicable. ``(4) Improving referral arrangements for purposes of paragraph (2). ``(5) In the case of a woman receiving services pursuant to any of paragraphs (1) through (3), providing to the partner of the woman the services described in such paragraphs, as appropriate. ``(6) With respect to the services specified in paragraphs (1) through (5)-- ``(A) providing outreach services to inform women of the availability of such services; and ``(B) providing training regarding the effective provision of such services. ``(b) Minimum Qualifications of Grantees.--The Secretary may make a grant under subsection (a) only if the applicant for the grant is a grantee under section 329, section 330, or section 1001, or is another public or nonprofit private entity that provides health or voluntary family planning services to a significant number of low-income women in a culturally sensitive and language-appropriate manner. ``(c) Confidentiality.--The Secretary may make a grant under subsection (a) only if the applicant for the grant agrees to maintain the confidentiality of information on individuals regarding screenings pursuant to subsection (a), subject to complying with applicable law. ``(d) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out such subsection. ``(e) Evaluations and Reports.-- ``(1) Evaluations.--The Secretary shall, directly or through contracts with public or private entities, provide for evaluations of projects carried out pursuant to subsection (a). ``(2) Reports.--Not later than 1 year after the date on which amounts are first appropriated under subsection (f), and annually thereafter, the Secretary shall submit to the Congress a report summarizing evaluations carried out under paragraph (1) during the preceding fiscal year. ``(f) Authorizations of Appropriations.-- ``(1) Title x clinics.--For the purpose of making grants under subsection (a) to entities that are grantees under section 1001, and for the purpose of otherwise carrying out this section with respect to such grants, there are authorized to be appropriated $30,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 and 1999. ``(2) Community and migrant health centers; other providers.--For the purpose of making grants under subsection (a) to entities that are grantees under section 329 or 330, and to other entities described in subsection (b) that are not grantees under section 1001, and for the purpose of otherwise carrying out this section with respect to such grants, there are authorized to be appropriated $20,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 and 1999. ``SEC. 2532. PUBLIC EDUCATION. ``(a) In General.--The Secretary may make grants for the purpose of developing and carrying out programs to provide HIV prevention education to women, including education on all modes of transmission between individuals, including sexual contact, the use of IV drugs, and maternal-fetal transmission. ``(b) Minimum Qualifications of Grantees.--The Secretary may make a grant under subsection (a) only if the applicant involved is a public or nonprofit private entity that is experienced in carrying out health- related activities for women, with a priority given to such entities that have successfully targeted women of color. ``(c) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out such subsection. ``(d) Provisions Regarding Planning Councils.--In carrying out the mission of the Community HIV Planning Process, the Secretary shall ensure that women who represent women's interests and have expertise on women's health, HIV positive women, and their advocates are included on the Planning Councils, that financial resources are allocated to ensure such representation, and that Planning Councils use qualitative data based on women's experiences. ``(e) Evaluations and Reports.-- ``(1) Evaluations.--The Secretary shall, directly or through contracts with public or private entities, provide for evaluations of projects carried out pursuant to subsection (a). ``(2) Reports.--Not later than 1 year after the date on which amounts are first appropriated under subsection (e), and annually thereafter, the Secretary shall submit to the Congress a report summarizing evaluations carried out under paragraph (1) during the preceding fiscal year. ``(e) Authorizations of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 and 1999.''. SEC. 3. TREATMENT OF WOMEN FOR SUBSTANCE ABUSE. Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.), as amended by section 108 of Public Law 102-321 (106 Stat. 336), is amended by inserting after section 509 the following section: ``treatment of women for substance abuse ``Sec. 509A. (a) In General.--The Director of the Center for Substance Abuse Treatment may make awards of grants, cooperative agreements, and contracts for the purpose of carrying out programs-- ``(1) to provide treatment for substance abuse to women, including but not limited to, women with dependent children; ``(2) to provide to women who engage in such abuse counseling on the prevention of infection with, and the transmission of, the etiologic agent for acquired immune deficiency syndrome; and ``(3) to provide such counseling to women who are the partners of individuals who engage in such abuse. ``(b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there are authorized to be appropriated $20,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 and 1999.''. SEC. 4. EARLY INTERVENTION SERVICES FOR WOMEN. Section 2655 of the Public Health Service Act (42 U.S.C. 300ff-55) is amended-- (1) by striking ``For the purpose of'' and inserting ``(a) In General.--For the purpose of''; and (2) by adding at the end the following subsection: ``(b) Programs for Women.--For the purpose of making grants under section 2651 to provide to women early intervention services described in such section, and for the purpose of providing technical assistance under section 2654(b) with respect to such grants, there are authorized to be appropriated $20,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 and 1999.''.

Women and HIV Outreach and Prevention Act - Amends the Public Health Service Act to authorize grants, with regard to women (and their partners) and acquired immune deficiency syndrome (AIDS), for preventive health services, referrals, follow-ups, outreach, and training on the effective provision of such services. Authorizes appropriations. Authorizes grants to provide HIV prevention education to women. Sets forth requirements regarding the composition of Planning Councils. Authorizes appropriations. Authorizes grants, cooperative agreements, and contracts to provide: (1) substance abuse treatment to women; (2) counseling to women who engage in substance abuse on the prevention of infection with, and the transmission of, the etiologic agent for AIDS; and (3) such counseling to women who are the partners of individuals who abuse substances. Authorizes appropriations. Authorizes appropriations for grants under existing provisions to provide early intervention services for women and related technical assistance.

Women and HIV Outreach and Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing for Tomorrow's Schools Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to the National Center for Education Statistics, an estimated $127,000,000,000 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 2005 study conducted by American School & University magazine, $29,088,000,000 was spent to address the Nation's education infrastructure needs in 2004, 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 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) The Director of the Education and Employment Issues division of the Government Accounting Office (currently known as the Education, Workforce, and Income Security division of the Government Accountability Office) testified that nearly 52 percent of schools, affecting 21,300,000 students, reported insufficient technology elements for 6 or more areas. (6) Large numbers of local educational agencies have difficulties securing financing for school facility improvement. (7) The challenges facing 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. (8) 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. (9) 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. (10) 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). (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 2005 - Authorizes the Secretary of Education to enter into cooperative agreements with states to establish state and multistate infrastructure banks for education. Provides, under such agreements, that the Secretary will award 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 to enter into an interstate compact to establish a multistate infrastructure bank through such an agreement with the Secretary. Includes among infrastructure bank requirements that states contribute from nonfederal sources at least 25% of the amount of the federal grant. Lists types of projects eligible to be funded by such bank loans. Applies Davis-Bacon Act wage requirements with respect to individuals employed on such projects.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Education Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the evidence for human-induced climate change is overwhelming and undeniable; (2) the United States is the second highest emitter of carbon dioxide and other greenhouse gases in the world; (3) atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation; (4) providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action; (5) implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment; and (6) informing people of new technologies and programs as they become available will ensure maximum understanding and maximum impact of those measures. SEC. 3. DEFINITION. In this Act, the term ``climate change education'' means informal and formal interdisciplinary learning at all age levels about climate change and its effects on environmental, energy, social, and economic systems. SEC. 4. CLIMATE CHANGE EDUCATION PROGRAM. The National Oceanic and Atmospheric Administration shall establish a Climate Change Education Program to-- (1) broaden the understanding of human induced climate change, possible long-term and short-term consequences, and potential solutions; (2) apply the latest scientific and technological discoveries to provide formal and informal learning opportunities to people of all ages, including those of diverse cultural and linguistic backgrounds; (3) emphasize actionable information to help people understand and to promote implementation of new technologies, programs, and incentives related to energy conservation, renewable energy, and greenhouse gas reduction; and (4) inform the public of impacts to human health and safety as a result of climate change. SEC. 5. PROGRAM ELEMENTS. The Climate Change Education Program shall include-- (1) a national information campaign to disseminate information on and promote implementation of the new technologies, programs, and incentives described in section 4(3); and (2) the grant program described in section 6. SEC. 6. GRANT PROGRAM. The National Oceanic and Atmospheric Administration shall establish a program to make grants-- (1) to support national public education, outreach, and communication programs to engage substantial numbers of the public in understanding climate change while developing educated and empowered consumers, investors, and citizens; (2) to encourage and support statewide plans and programs for climate change education, including relevant teacher training and professional development, STEM (science, technology, engineering, and mathematics) education, and multidisciplinary studies to ensure that students graduate from high school climate literate, with a particular focus on programs that advance widespread State and local educational agency adoption of climate change education, including funding for State education agencies to-- (A) integrate key principles of climate change education into existing K-12 State academic content standards, student academic achievement standards, or State curriculum frameworks; (B) create model State climate change curricula; or (C) create State green school building standards or policies; (3) to improve the quality of and access to higher education in green collar industries and green economy-related fields such as green business, technology, engineering, policy studies, and sustainability science, with a particular focus on programs that address restructuring institutional incentives and reducing institutional barriers to widespread faculty adoption of interdisciplinary teaching of climate change education; (4) for institutions of higher education to engage teams of faculty and students to develop applied climate research and deliver to local communities direct services on climate mitigation and adaptation issues impacting such communities, with a priority on distressed communities; and (5) for projects that build capacity for climate adaptation at the State and national level including-- (A) career education; (B) expanding green collar workforce training; (C) secondary school preparation or work-based experiences in green collar fields; and (D) continuing education needed for practicing professionals for green economy-related fields. SEC. 7. REPORT TO CONGRESS. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the National Oceanic and Atmospheric Administration shall transmit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader impacts of activities under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration $20,000,000 for each of fiscal years 2015 through 2019 for carrying out this Act.

Climate Change Education Act - Declares that the evidence for human-induced climate change is overwhelming and undeniable. Requires the National Oceanic and Atmospheric Administration (NOAA) to establish a Climate Change Education Program to: broaden the understanding of human-induced climate change, possible consequences, and potential solutions; apply the latest scientific and technological discoveries to provide learning opportunities to people of all ages; conduct a national information campaign to help people understand and promote implementation of new technologies, programs, and incentives related to energy conservation, renewable energy, and greenhouse gas reduction; and inform the public of impacts to human health and safety as a result of climate change. Directs NOAA to establish a grant program to support climate change education.

Climate Change Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asthma Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Despite improved therapies, the prevalence rate of asthma continues to rise, affecting an estimated 14.6 million Americans; 4.4 million under the age of 18. Since 1982, the prevalence of pediatric asthma has risen 76 percent. Rates are increasing for all ethnic groups and especially for African American and Hispanic children. (2) Asthma is the third leading cause of preventable hospitalizations. Improper diagnosis and poor management of asthma resulted in 1.6 million people being treated for asthma attacks in the emergency room in 1995. (3) Asthma can be life-threatening if not properly managed. Most asthma-related deaths are preventable, yet such deaths continue to rise in the U.S. In 1996, 5,667 individuals died as a result of an asthma attack, nearly double the number of deaths in 1980. (4) The costs of asthma to the U.S. was over $6 billion in 1990, and the rise in asthma prevalence will lead to higher costs in the future. (5) With early recognition of the signs and symptoms of asthma, proper diagnosis and treatment, and patient education and self-management, asthma is a controllable disease. (6) Public health interventions have been proven effective in the treatment and management of asthma. Population-based research supported by the National Institutes of Health (NIH) has effectively demonstrated the benefits of combining aggressive medical treatment with patient education to improve the management of asthma. The National Asthma Education and Prevention Program (NAEPP) helps raise awareness that asthma is a serious chronic disease, and helps promote more effective management of asthma through patient and professional education. (7) The alarming rise in prevalence, asthma-related deaths, and expenditures demonstrate that, despite extensive knowledge on effective asthma management strategies, current federal policy and funding regarding the education, treatment, and management of asthma is inadequate. (8) Additional federal direction, funding, and support is necessary to increase awareness of asthma as a chronic illness, its symptoms, and the environmental factors (indoor and outdoor) that affect the disease, as well as to promote education programs that teach patients how to better manage asthma. SEC. 3. PROVISIONS REGARDING NATIONAL ASTHMA EDUCATION AND PREVENTION PROGRAM OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE. (a) Additional Funding; Expansion of Program.--In addition to any other authorization of appropriations that is available to the National Heart, Lung, and Blood Institute for the purpose of carrying out the National Asthma Education and Prevention Program, there is authorized to be appropriated to such Institute for such purpose $4,100,000 for each of the fiscal years 2000 through 2004. Amounts appropriated under the preceding sentence shall be expended to expand such Program. (b) Coordinating Committee.-- (1) Report to congress.--With respect to the coordinating committee established for the National Asthma Education and Prevention Program of the National Heart, Lung, and Blood Institute, such committee shall submit to the Congress a report that-- (A) contains a determination by the committee of the scope of the problem of asthma in the United States; (B) identifies all Federal programs that carry out asthma-related activities; and (C) contains the recommendations of the committee for strengthening and better coordinating the asthma- related activities of the Federal Government. (2) Inclusion of representative of department of education.--The Secretary of Education or a designee of the Secretary shall be included in the membership of the coordinating committee referred to in paragraph (1). SEC. 4. ASTHMA-RELATED ACTIVITIES OF CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Expansion of Public Health Surveillance Activities; Program for Providing Information and Education to Public.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall collaborate with the States to expand the scope of-- (1) activities that are carried out to determine the incidence and prevalence of asthma; and (2) activities that are carried out to prevent the health consequences of asthma, including through the provision of information and education to the public regarding asthma, which may include the use of public service announcements through the media and such other means as such Director determines to be appropriate. (b) Compilation of Data.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the National Asthma Education Prevention Program Coordinating Committee, shall-- (1) conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management, including-- (A) telephone surveys to collect sample household data on the local burden of asthma; and (B) health care facility specific surveillance to collect asthma data on the prevalence and severity of asthma, and on the quality of asthma care; and (2) compile and annually publish data on-- (A) the prevalence of children suffering from asthma in each State; and (B) the childhood mortality rate associated with asthma nationally and in each State. (c) Additional Funding.--In addition to any other authorization of appropriations that is available to the Centers for Disease Control and Prevention for the purpose of carrying out this section, there is authorized to be appropriated to such Centers for such purpose $8,200,000 for each of the fiscal years 2000 through 2004. SEC. 5. GRANTS FOR COMMUNITY OUTREACH REGARDING ASTHMA INFORMATION, EDUCATION, AND SERVICES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') may make grants to nonprofit private entities for projects to carry out, in communities identified by entities applying for the grants, outreach activities to provide for residents of the communities the following: (1) Information and education on asthma. (2) Referrals to health programs of public and nonprofit private entities that provide asthma-related services, including such services for low-income individuals. The grant may be expended to make arrangements to coordinate the activities of such entities in order to establish and operate networks or consortia regarding such referrals. (b) Preferences in Making Grants.--In making grants under subsection (a), the Secretary shall give preference to applicants that will carry out projects under such subsection in communities that are disproportionately affected by asthma or underserved with respect to the activities described in such subsection and in which a significant number of low-income individuals reside. (c) Evaluations.--A condition for a grant under subsection (a) is that the applicant for the grant agree to provide for the evaluation of the projects carried out under such subsection by the applicant to determine the extent to which the projects have been effective in carrying out the activities referred to in such subsection. (d) Funding.--For the purpose of carrying out this section, there is authorized to be appropriated $4,100,000 for each of the fiscal years 2000 through 2004. SEC. 6. ACTION PLANS OF STATES REGARDING ASTHMA; FINANCIAL INCENTIVES REGARDING CHILDREN'S HEALTH INSURANCE PROGRAM. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall in accordance with subsection (b) carry out a program to encourage the States to implement plans to carry out activities to assist children with respect to asthma in accordance with guidelines of the National Heart, Lung, and Blood Institute. (b) Relation to Children's Health Insurance Program.-- (1) In general.--Subject to paragraph (2), if a State plan under title XXI of the Social Security Act provides for activities described in subsection (a) to an extent satisfactory to the Secretary, the Secretary shall, with amounts appropriated under subsection (c), make a grant to the State involved to assist the State in carrying out such activities. (2) Requirement of matching funds.-- (A) In general.--With respect to the costs of the activities to be carried out by a State pursuant to paragraph (1), the Secretary may make a grant under such paragraph only if the State agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 50 percent of the costs ($1 for each $1 of Federal funds provided in the grant). (B) Determination of amount contributed.--Non- Federal contributions required in subparagraph (A) 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. (3) Criteria regarding eligibility for grant.--The Secretary shall publish in the Federal Register criteria describing the circumstances in which the Secretary will consider a State plan to be satisfactory for purposes of paragraph (1). (4) Technical assistance.--With respect to State plans under title XXI of the Social Security Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make available to the States technical assistance in developing the provisions of such plans that will provide for activities pursuant to paragraph (1). (c) Funding.--For the purpose of carrying out this section, there is authorized to be appropriated $4,100,000 for each of the fiscal years 2000 through 2004. SEC. 7. ACTION PLANS OF LOCAL EDUCATIONAL AGENCIES REGARDING ASTHMA. (a) In General.-- (1) School-based asthma activities.--The Secretary of Education (in this section referred to as the ``Secretary''), in consultation with the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, may make grants to local educational agencies for programs to carry out at elementary and secondary schools specified in paragraph (2) asthma-related activities for children who attend such schools. (2) Eligible schools.--The elementary and secondary schools referred to in paragraph (1) are such schools that are located in communities with a significant number of low-income or underserved individuals (as defined by the Secretary). (b) Development of Programs.--Programs under subsection (a) shall include grants under which local education agencies and State public health officials collaborate to develop programs to improve the management of asthma in school settings. (c) Certain Guidelines.--Programs under subsection (a) shall be carried out in accordance with applicable guidelines or other recommendations of the National Institutes of Health (including the National Heart, Lung, and Blood Institute) and the Environmental Protection Agency. (d) Certain Activities.--Activities that may be carried out in programs under subsection (a) include the following: (1) Identifying and working directly with local hospitals, community clinics, advocacy organizations, parent-teacher associations, and asthma coalitions. (2) Identifying asthmatic children and training them and their families in asthma self-management. (3) Purchasing asthma equipment. (4) Hiring school nurses. (5) Training teachers, nurses, coaches, and other school personnel in asthma-symptom recognition and emergency responses. (6) Simplifying procedures to improve students' safe access to their asthma medications. (7) Such other asthma-related activities as the Secretary determines to be appropriate. (e) Definitions.--For purposes of this section, the terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the meanings given such terms in the Elementary and Secondary Education Act of 1965. (f) Funding.--For the purpose of carrying out this section, there is authorized to be appropriated $4,100,000 for each of the fiscal years 2000 through 2004. SEC. 8. SENSE OF CONGRESS REGARDING HOSPITALS AND MANAGED CARE PLANS. It is the sense of the Congress that-- (1) hospitals should be encouraged to offer asthma-related education and training to asthma patients and their families upon discharge from the hospital of such patients; (2) hospitals should, with respect to information on asthma, establish telephone services for patients and communicate with providers of primary health services; and (3) managed care organizations should-- (A) be encouraged to disseminate to health care providers asthma clinical practice guidelines developed or endorsed by the Public Health Service; (B) collect and maintain asthma data; and (C) offer asthma-related education and training to asthma patients and their families. SEC. 9. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF ACT. It is the sense of the Congress that all Federal, State, and local asthma-related activities should-- (1) promote the guidelines and other recommendations of the Public Health Service on asthma diagnosis and management; and (2) be designed in consultation with national and local organizations representing the medical, educational, and environmental communities, as well as advocates that represent those affected by asthma.

Asthma Act - Authorizes appropriations to the National Heart, Lung, and Blood Institute for FY 2000 through 2004 to expand the National Asthma Education and Prevention Program. Directs the coordinating committee for such Program to report to Congress: (1) a determination of the scope of asthma problems in the United States; (2) an identification of all Federal programs that carry out asthma-related activities; and (3) recommendations for strengthening and better coordinating Federal asthma-related activities. Directs the Secretary of Health and Human Services to collaborate with the States to expand the scope of activities: (1) for determining the incidence and prevalence of asthma; and (2) carried out to prevent its health consequences. Directs the Secretary to conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management. Authorizes appropriations to the Centers for Disease Control and Prevention for such activities. Authorizes the Secretary to make grants to nonprofit private entities to carry out outreach activities in applicant communities which provide: (1) information and education on asthma; and (2) referrals to health programs of public and private nonprofit entities that provide asthma-related services, including services for low- income individuals. Gives grant priorities to communities disproportionately affected by asthma or underserved by such health programs and in which a significant number of low-income individuals reside. Authorizes appropriations for the grant program. Directs the Secretary to encourage the States to carry out activities to assist children with respect to asthma, in accordance with Institute guidelines. Authorizes the Secretary to make grants for such purpose to those States with a State plan under title XXI (Children's Health Insurance) of the Social Security Act which provides for such activities, with a matching funds requirement of 50 percent of the Federal funds provided. Directs the Secretary to provide technical assistance to States to develop plans that will provide for such activities. Authorizes appropriations. Authorizes the Secretary of Education to make grants to local educational agencies to carry out, in communities with a significant number of low-income or underserved individuals, a program in elementary and secondary schools of such communities for conducting asthma-related activities for children who attend such schools. Authorizes appropriations. Expresses the sense of Congress that hospitals and managed care plans should undertake certain efforts to increase asthma-related education and training, asthma information and data, and asthma clinical practice guidelines. Expresses the sense of Congress that all Federal, State, and local asthma-related activities should: (1) promote the guidelines and other recommendations of the Public Health Service on asthma diagnosis and management; and (2) be designed in consultation with national and local organizations representing the medical, educational, and environmental communities, as well as advocates representing those affected by asthma.

Asthma Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Rights Information Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Agencies of the Government of the United States have information on human rights violations in Guatemala and Honduras. (2) Members of both Houses of Congress have repeatedly asked the Administration for information on Guatemalan and Honduran human rights cases. (3) The Guatemalan peace accords, which the Government of the United States firmly supports, has as an important and vital component the establishment of the Commission for the Historical Clarification of Human Rights Violations and Acts of Violence which have Caused Suffering to the Guatemalan People (referred to in this Act as the ``Clarification Commission''). The Clarification Commission will investigate cases of human rights violations and abuses by both parties to the civil conflict in Guatemala and will need all available information to fulfill its mandate. (4) The National Commissioner for the Protection of Human Rights in the Republic of Honduras has been requesting United States Government documentation on human rights violations in Honduras since November 15, 1993. The Commissioner's request has been partly fulfilled, but is still pending. The request has been supported by national and international human rights nongovernmental organizations as well as members of both Houses of Congress. (5) Victims and survivors of human rights violations, including United States citizens and their relatives, have also been requesting the information referred to in paragraphs (3) and (4). Survivors and the relatives of victims have a right to know what happened. The requests have been supported by national and international human rights nongovernmental organizations as well as members of both Houses of Congress. (6) The United States should make the information it has on human rights abuses available to the public as part of the United States commitment to democracy in Central America. SEC. 3. DEFINITIONS. In this Act: (1) Human rights record.--The term ``human rights record'' means a record in the possession, custody, or control of the United States Government containing information about gross human rights violations committed after 1944. (2) Agency.--The term ``agency'' means any agency of the United States Government charged with the conduct of foreign policy or foreign intelligence, including the Department of State, the Agency for International Development, the Department of Defense (and all of its components), the Central Intelligence Agency, the National Reconnaissance Office, the Department of Justice (and all of its components), the National Security Council, and the Executive Office of the President. SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS RECORDS REGARDING GUATEMALA AND HONDURAS. (a) In General.--Notwithstanding any other provision of law, the provision of this Act shall govern the declassification and public disclosure of human rights records by agencies. (b) Identification of Records.--Not later than 120 days after the date of enactment of this Act, each agency shall identify, review, and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for the purpose of declassifying and disclosing the records to the public. Except as provided in section 5, all records described in the preceding sentence shall be made available to the public not later than 30 days after a review under this section is completed. (c) Report to Congress.--Not later than 150 days after the date of enactment of this Act, the President shall report to Congress regarding each agency's compliance with the provisions of this Act. SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS. (a) In General.--An agency may postpone public disclosure of a human rights record or particular information in a human rights record only if the agency determines that there is clear and convincing evidence that-- (1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States raised by public disclosure of the human rights record is of such gravity that it outweighs the public interest, and such public disclosure would reveal-- (A) an intelligence agent whose identity currently requires protection; (B) an intelligence source or method-- (i) which is being utilized, or reasonably expected to be utilized, by the United States Government; (ii) which has not been officially disclosed; and (iii) the disclosure of which would interfere with the conduct of intelligence activities; or (C) any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably impair the national security of the United States; (2) the public disclosure of the human rights record would reveal the name or identity of a living individual who provided confidential information to the United States and would pose a substantial risk of harm to that individual; (3) the public disclosure of the human rights record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or (4) the public disclosure of the human rights record would compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest. (b) Special Treatment of Certain Information.--It shall not be grounds for postponement of disclosure of a human rights record that an individual named in the human rights record was an intelligence asset of the United States Government, although the existence of such relationship may be withheld if the criteria set forth in subsection (a) are met. For purposes of the preceding sentence, the term an ``intelligence asset'' means a covert agent as defined in section 606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)). SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN OTHER LATIN AMERICAN CARIBBEAN COUNTRIES. In the event that an agency of the United States receives a request for human rights records from an entity created by the United Nations or the Organization of American States similar to the Guatemalan Clarification Commission, or from the principal justice or human rights official of a Latin American or Caribbean country who is investigating a pattern of gross human rights violations, the agency shall conduct a review of records as described in section 4 and shall declassify and publicly disclose such records in accordance with the standards and procedures set forth in this Act. SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS. (a) Duties of the Appeals Panel.--The Interagency Security Classification Appeals Panel (referred to in this Act as the ``Appeals Panel''), established under Executive Order No. 12958, shall review determinations by an agency to postpone public disclosure of any human rights record. (b) Determinations of the Appeals Panel.-- (1) In general.--The Appeals Panel shall direct that all human rights records be disclosed to the public, unless the Appeals Panel determines that there is clear and convincing evidence that-- (A) the record is not a human rights record; or (B) the human rights record or particular information in the human rights record qualifies for postponement of disclosure pursuant to section 5. (2) Treatment in cases of nondisclosure.--If the Appeals Panel concurs with an agency decision to postpone disclosure of a human rights record, the Appeals Panel shall determine, in consultation with the originating agency and consistent with the standards set forth in this Act, which, if any, of the alternative forms of disclosure described in paragraph (3) shall be made by the agency. (3) Alternative forms of disclosure.--The forms of disclosure described in this paragraph are as follows: (A) Disclosure of any reasonably segregable portion of the human rights record after deletion of the portions described in paragraph (1). (B) Disclosure of a record that is a substitute for information which is not disclosed. (C) Disclosure of a summary of the information contained in the human rights record. (4) Notification of determination.-- (A) In general.--Upon completion of its review, the Appeals Panel shall notify the head of the agency in control or possession of the human rights record that was the subject of the review of its determination and shall, not later than 14 days after the determination, publish the determination in the Federal Register. (B) Notice to president.--The Appeals Panel shall notify the President of its determination. The notice shall contain a written unclassified justification for its determination, including an explanation of the application of the standards contained in section 5. (5) General procedures.--The Appeals Panel shall publish in the Federal Register guidelines regarding its policy and procedures for adjudicating appeals. (c) Presidential Authority Over Appeals Panel Determination.-- (1) Public disclosure or postponement of disclosure.--The President shall have the sole and nondelegable authority to review any determination of the Appeals Board under this Act, and such review shall be based on the standards set forth in section 5. Not later than 30 days after the Appeals Panel's determination and notification to the agency pursuant to subsection (b)(4), the President shall provide the Appeals Panel with an unclassified written certification specifying the President's decision and stating the reasons for the decision, including in the case of a determination to postpone disclosure, the standards set forth in section 5 which are the basis for the President's determination. (2) Record of presidential postponement.--The Appeals Panel shall, upon receipt of the President's determination, publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to the postponement of disclosure of a human rights record. SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS. Upon completion of the review and disclosure of the human rights records relating to Guatemala and Honduras, the Information Security Policy Advisory Council, established pursuant to Executive Order No. 12958, shall report to Congress on the desirability and feasibility of declassification of human rights records relating to other countries in Latin America and the Caribbean. The report shall be available to the public. SEC. 9. RULES OF CONSTRUCTION. (a) Freedom of Information Act.--Nothing in this Act shall be construed to limit any right to file a request with any executive agency or seek judicial review of a decision pursuant to section 552 of title 5, United States Code. (b) Judicial Review.--Nothing in this Act shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this Act. SEC. 10. CREATION OF POSITIONS. For purposes of carrying out the provisions of this Act, there shall be 2 additional positions in the Appeals Panel. The positions shall be filled by the President, based on the recommendations of the American Historical Association, the Latin American Studies Association, Human Rights Watch, and Amnesty International, USA.

Human Rights Information Act - Requires certain Federal agencies to identify and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for declassification and disclosure purposes, and to make them available to the public and other official entities, including Latin American or Caribbean countries. Instructs the President to report to the Congress regarding agency compliance. Prescribes guidelines under which the Interagency Security Classification Appeals Panel (the Panel) shall review agency determinations to postpone public disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds. Directs the Information Security Policy Advisory Council to report to the Congress on declassification of human rights records relating to other Latin American and Caribbean countries and to make such report available to the public. Creates two additional positions in the Panel in order to implement this Act.

Human Rights Information Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Former American Hostages in Iran Act of 2015''. SEC. 2. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND. (a) Sense of Congress.--It is the sense of Congress that ensuring justice for United States victims of acts of terrorism by Iran who hold legal judgments against Iran, and for those who have been denied access to such judgments, is of paramount importance and should be expeditiously addressed. (b) Establishment.--There is established in the Treasury a fund, to be known as the ``American Hostages in Iran Compensation Fund'' (in this section referred to as the ``Fund''), for the purposes of-- (1) making payments to the Americans held hostage in Iran and their immediate family members, who are identified as members of the proposed class in case number 1:00-CV-03110 (EGS) of the United States District Court for the District of Columbia; and (2) satisfying the claims against Iran relating to the taking of hostages and treatment of personnel of the United States embassy in Tehran, Iran, from November 4, 1979, to January 20, 1981. (c) Funding.-- (1) Imposition of surcharge.-- (A) In general.--There is imposed a surcharge equal to 30 percent of the amount of-- (i) any fine or monetary penalty imposed, in whole or in part, for a violation of a law or regulation specified in subparagraph (B) committed on or after the date of the enactment of this Act; or (ii) the monetary amount of a settlement entered into by a person with respect to a suspected violation of a law or regulation specified in subparagraph (B) related to activities undertaken on or after such date of enactment. (B) Laws and regulations specified.--A law or regulation specified in this subparagraph is any law or regulation that provides for a civil or criminal fine or monetary penalty for any economic activity relating to Iran that is administered by the Department of State, the Department of the Treasury, the Department of Justice, the Department of Commerce, or the Department of Energy. (C) Termination of deposits.--The imposition of the surcharge under subparagraph (A) shall terminate on the date on which all amounts described in subsection (d)(2) have been distributed to all recipients described in that subsection. (D) Rule of construction.--Nothing in this paragraph shall be construed to require a person that is found to have violated a law or regulation specified in subparagraph (B) to pay a surcharge under subparagraph (A) if that person has not been assessed a fine or monetary penalty described in clause (i) of subparagraph (A) or entered in to a settlement described in clause (ii) of that subparagraph for that violation. (2) Deposits into fund; availability of amounts.-- (A) Deposits.--The Secretary of the Treasury shall deposit into the Fund all surcharges collected pursuant to paragraph (1)(A), all contributions collected pursuant to paragraph (3), and any other resources made available pursuant to paragraph (4). (B) Payment of surcharge to secretary of the treasury.--A person upon which a surcharge is imposed under paragraph (1)(A) shall pay the surcharge to the Secretary without regard to whether the fine or penalty with respect to which the surcharge is imposed-- (i) is paid directly to the Federal agency that administers the law or regulation pursuant to which the fine or penalty is imposed; or (ii) is deemed satisfied by a payment to another Federal agency. (C) Availability of amounts in fund.--Amounts in the Fund shall be available, without further appropriation, to make payments under subsection (d). (3) Contributions.--The President is authorized to accept such amounts as may be contributed by individuals, business concerns, governments, or other entities for payments under this Act and such amounts may be deposited directly into the Fund. (4) Other resources.--The President may identify and use other funds available for compensating claims under this Act and may deposit such amounts into the Fund. (d) Distribution of Funds.-- (1) Administration of fund.--Payments from the Fund shall be administered by the Secretary of State in accordance with such rules and procedures as the Secretary may prescribe. (2) Payments.--Subject to paragraphs (3) and (4), payments shall be made from the Fund to the following recipients in the following amounts: (A) To each living former hostage identified as a member of the proposed class described in subsection (b)(1), $6,750 for each day of captivity of the former hostage. (B)(i) Except as provided in clause (ii), to the estate of each deceased former hostage identified as a member of the proposed class described in subsection (b)(1), $6,750 for each day of captivity of the former hostage. (ii) If the estate of a deceased former hostage identified as a member of the proposed class described in subsection (b)(1) has no immediate direct heirs as of the date of the enactment of this Act, amounts from the Fund shall be paid to the heirs at law as determined by the intestacy laws of the State of the deceased former hostage at the time of death of the deceased former hostage. (C) To each spouse of a former hostage identified as a member of the proposed class described in subsection (b)(1) if the spouse is identified as a member of that proposed class, $600,000. (D) To the estate of each deceased spouse of a former hostage identified as a member of the proposed class described in subsection (b)(1) if the spouse is identified as a member of that proposed class, $600,000. (E) To each child of a former hostage identified as a member of the proposed class described in subsection (b)(1) if the child is identified as a member of that proposed class, $600,000. (F) To the estate of each deceased child of a former hostage identified as a member of the proposed class described in subsection (b)(1) if the child is identified as a member of that proposed class, $600,000. (3) Priority.--Payments from the Fund shall be distributed under paragraph (2) in the following order: (A) First, to each living former hostage described in paragraph (2)(A). (B) Second, to the estate of each deceased former hostage described in paragraph (2)(B)(i). (C) Third, to each spouse of a former hostage described in paragraph (2)(C). (D) Fourth, to the estate of each deceased spouse of a former hostage described in paragraph (2)(D). (E) Fifth, to each child of a former hostage described in paragraph (2)(E). (F) Sixth, to the estate of each deceased child of a former hostage described in paragraph (2)(F). (G) Seventh, to the heirs at law of the estate of each deceased former hostage described in paragraph (2)(B)(ii). (4) Consent of recipient.--A payment to a recipient from the Fund under paragraph (2) shall be made only after receiving the consent of the recipient. (e) Preclusion of Future Actions and Release of Claims.-- (1) Preclusion of future actions.--A recipient of a payment under subsection (d) may not file or maintain an action against Iran in any Federal or State court for any claim relating to the events described in subsection (b)(2). (2) Release of all claims.--Upon the payment of all amounts described in subsection (d)(2) to all recipients described in that subsection, all claims against Iran relating to the events described in subsection (b)(2) shall be deemed waived and forever released. (f) Deposit of Remaining Funds Into the Treasury.-- (1) In general.--Any amounts remaining in the Fund after the date specified in paragraph (2) shall be deposited in the general fund of the Treasury. (2) Date specified.--The date specified in this paragraph is the later of-- (A) the date on which all amounts described in subsection (d)(2) have been made to all recipients described in that subsection; or (B) the date that is 5 years after the date of the enactment of this Act. (g) No Judicial Review.--Decisions made under this Act shall not be subject to review in any judicial, administrative, or other proceeding. (h) Tax Treatment of Payments.-- (1) Individuals.--In the case of an individual described in subsection (d)(2) who receives a payment pursuant to this Act, such payment shall not be subject to any tax under subtitle A of the Internal Revenue Code of 1986 (relating to income taxes). (2) Estates.--In the case of an estate described in subsection (d)(2) that receives a payment pursuant to this Act, a transfer of such payment by the estate shall not be subject to any tax imposed by chapter 11 of such Code (relating to estate tax) or chapter 13 of such Code (relating to tax on generation-skipping transfers). (i) Report to Congress on Completion of Payments.--Not later than 60 days after determining that a law or regulation specified in subsection (c)(1)(B) is terminated or suspended or that amounts in the Fund will be insufficient for the payment of all amounts described in subsection (d)(2) to all recipients described in that subsection by the date that is 444 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress recommendations to expedite the completion of the payment of those amounts.

Justice for Former American Hostages in Iran Act of 2015 Establishes in the Treasury the American Hostages in Iran Compensation Fund to: (1) make payments to the Americans held hostage in Iran, and to their families, who are identified as members of the proposed class in case number 1:00-CV-03110 (ESG) of the U.S. District Court for the District of Columbia; and (2) satisfy their claims against Iran relating to the taking of hostages and treatment of personnel of the U.S. embassy in Tehran between November 4, 1979, and January 20, 1981. Imposes a surcharge, to be deposited into the Fund, of 30% on the amount of: (1) any fine or penalty imposed for a violation (committed on or after enactment of this Act) of a law or regulation penalizing any economic activity relating to Iran that is administered by the Departments of State, Treasury, Justice, Commerce, or Energy; or (2) the monetary amount of a settlement entered into by a person regarding a suspected violation of such a law or regulation. Requires distribution of Fund payments to members of the proposed class in the following amounts: to each living former hostage, $6,750 for each day of captivity; to the estate of each deceased former hostage, $6,750 for each day of captivity; to each spouse (who is also a member of the identified class) of a former hostage, $600,000, or to the estate of such spouse who is deceased, $600,000; and to each child (who is also a member of the identified class) of a former hostage, $600,000, or to the estate of such child who is deceased, $600,000. Specifies the order of payment distribution. Prohibits a payment recipient from maintaining an action against Iran in any federal or state court for any claims relating to the hostage events. Deems waived and forever released all existing claims against Iran for those events upon payment from the Fund to all designated recipients. Requires the Department of State to submit recommendations to Congress if Fund amounts will be insufficient to pay all recipients within 444 days after enactment of this Act.

Justice for Former American Hostages in Iran Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Development Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The promotion of sustainable economic growth is the only long-term solution to lifting people out of poverty and addressing development challenges such as infectious disease, food security, access to education, and access to clean water, as reflected in the Sustainable Development Goals adopted at the United Nations Sustainable Development Summit on September 25, 2015. (2) Several of the greatest development success stories of the past 50 years demonstrate that private sector investment and economic growth are fundamental to lifting populations out of poverty. (3) A dramatic shift in the composition of capital flows to the developing world necessitates a new approach to official development assistance; whereas 40 years ago more than 70 percent of capital flowing to developing countries was public sector foreign assistance, today over 80 percent of capital flowing to the developing world comes from the private sector. (4) In order to better leverage United States foreign assistance dollars and to promote sustainable economic development in partner countries, the United States Government must seek to promote economic growth through private sector investment by consulting United States business during development planning and programming processes. (5) Eleven of the 15 largest importers of United States goods and services are countries that graduated from United States foreign assistance, and 12 of the 15 fastest growing markets for United States exports are former United States foreign assistance recipients. (6) With 12 departments, 26 agencies, and more than 60 Federal Government offices involved in the delivery of United States foreign assistance and the promotion of United States investment overseas, it is unnecessarily difficult for United States businesses to navigate this bureaucracy in search of opportunities to partner with such United States agencies. (7) Although many United States development agencies have taken steps to improve the private sector coordination capabilities of such agencies in recent years, these agency- specific strategies are not integrated into a coherent interagency coordination structure to effectively engage the private sector. (8) The United States Government has no streamlined, interagency mechanism for coordination with the private sector for the purposes of development or promotion of opportunities for investment, nor are the activities of the United States Government in this area guided by a coherent set of strategic objectives, targets, or operating principles. (9) Whether in the context of a country, sector, or global development strategy, decisions regarding program prioritization and resource allocation would benefit greatly from private sector perspectives and market data and coordination with the private sector from the outset. (10) Development programs can be designed to better attract private sector investment and to promote public-private partnerships in key development sectors. (11) The Millennium Challenge Corporation and the Partnership for Growth both analyze constraints on growth as part of the planning processes of these organizations, but these analyses need to be included in agency country, sector, and global development strategies to more effectively inform and guide the full spectrum of United States development programs. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (3) Private sector.--The term ``private sector'' means for- profit United States businesses. (4) Secretary.--The term ``Secretary'' means the Secretary of State. (5) United states development agencies.--The term ``United States development agencies'' means-- (A) the Department of State; (B) the United States Agency for International Development; (C) the Millennium Challenge Corporation; (D) the Overseas Private Investment Corporation; (E) the Trade and Development Agency; (F) the Inter-American Foundation; and (G) the African Development Foundation. SEC. 4. PURPOSE. The purpose of this Act is to maximize the impact of United States development programs by-- (1) enhancing coordination between United States development agencies and the programs of such agencies and the private sector and the investment activities of the private sector; (2) integrating private sector input into the planning and programming processes of United States development agencies; (3) institutionalizing analyses of constraints on growth and investment throughout the planning and programming processes of United States development agencies; (4) ensuring United States development agencies are accountable for improving coordination between United States development programs and private sector investment activities; and (5) promoting and facilitating private sector investment. SEC. 5. SENSE OF CONGRESS ON UNITED STATES DEVELOPMENT ASSISTANCE. It is the sense of Congress that-- (1) United States development assistance should be pursued in a way that aims-- (A) to build and strengthen civic institutions; (B) to provide for public accountability; and (C) to serve as the basis for a democratic social contract between the people and their government, and as a basis for graduation from assistance; (2) United States Government policies and decisions should be guided by clear benchmarks for the evaluation of partner country commitment to funding development priorities, including the ``investing in people'' metric of the Millennium Challenge Corporation; (3) United States Government programs should be guided by a unified strategy, ambitious targets, and a robust monitoring, evaluation, and public accountability plan; (4) United States development assistance should aim to help build the capacity of partner countries to raise and commit partner country resources toward development goals, including-- (A) the capacity to increase revenues; (B) transparent budgeting and expenditures; (C) policies and laws that increase domestic investment; and (D) the ability to address the illicit flows of capital from domestic and international sources; (5) the Addis Ababa Action Agenda, reached at the Third International Conference on Financing for Development, and the emphasis of the Addis Ababa Action Agenda on economic growth and the commitment of greater domestic resources towards development goals, serves as a basis for concrete actions by donors and partner countries to achieve greater accountability and to foster broad-based economic growth and the establishment of prosperous, middle class-based societies; (6) domestic resource commitments and domestic resource mobilization for development purposes provide a greater chance for sustainability and an alignment of incentives among stakeholders, including donors, partner countries, citizens, and the private sector that drives economic growth; (7) the domestic resource commitments described in paragraph (6) are opportunities to provide for greater accountability and the building of strong, just social contracts between people and their governments, allowing governments to raise revenue, address citizen priorities, and be held accountable for results; (8) fostering domestic capacity and domestic responsibility for outcomes is the basis of true country ownership and a transition from assistance to sustainability by achieving development goals; (9) public sector development finance programs, which mobilize private capital to achieve development objectives, are projected to soon overtake traditional grant-based assistance as measured by total capital investments, reflecting an increasing recognition by both donor and recipient countries of the potential that development finance holds for driving inclusive, sustainable economic growth; (10) United States development finance programs should be used for development purposes, complement but not displace private capital, and operate free of political agendas; (11) while the United States has the ability to carry out development finance programs through the Overseas Private Investment Corporation, the Development Credit Authority of the United States Agency for International Development, and the United States Trade and Development Agency, that ability is under-appreciated as a matter of policy and underutilized as a matter of development strategy; (12) the Overseas Private Investment Corporation lacks certain development finance tools, including the ability to make limited equity investments in projects rather than issuing debt and the authority and resources to provide first-loss guarantees or technical assistance; (13) the Overseas Private Investment Corporation is also limited by uncertainty around the renewal of its legal authorities and would be more effective with the stability and predictability provided by a multi-year authorization and a reformulation of how the agency may use its proceeds for essential staff and overhead expenses while still returning money to the Treasury; and (14) United States development assistance should prioritize and better coordinate resources that support enhanced trade capacity and facilitate fairer and more sustainable trade with partner countries. SEC. 6. INTERAGENCY STRATEGY AND MECHANISM TO COORDINATE UNITED STATES DEVELOPMENT PROGRAMS AND PRIVATE SECTOR INVESTMENT ACTIVITIES. (a) In General.--The President shall establish a primary, interagency mechanism to assist the private sector in coordinating United States development programs with private sector investment activities. (b) Duties.--The mechanism established under subsection (a) shall-- (1) streamline and integrate the various private sector liaison, coordination, and investment promotion functions of United States development agencies; (2) facilitate the use of various development and finance tools across United States development agencies to attract greater private sector participation in development activities; and (3) establish a single point of contact for the private sector for partnership opportunities with United States development agencies. (c) Annual Strategy.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a strategy for the facilitation and coordination of private sector investments and activities for the purposes of development. (2) Elements of the annual strategy.--The annual strategy required under paragraph (1) shall include-- (A) country, sectoral, and global targets for private sector investment facilitation and coordination; (B) a description of the specific roles and responsibilities of United States Government departments and agencies involved in meeting the targets described in subparagraph (A), including within United States missions in-country; and (C) a plan relating to monitoring, evaluation, and public accountability. SEC. 7. INTEGRATING PRIVATE SECTOR COORDINATION IN COUNTRY, SECTOR, AND GLOBAL DEVELOPMENT STRATEGIES. The Secretary and the Administrator shall direct their respective policy teams, including the Assistant to the Administrator for the Bureau of Policy, Planning and Learning, and country teams, to include private sector facilitation and coordination in all country, sector, and global development strategies, including integrated country strategies, regional and functional strategies, country development cooperation strategies, mission strategic resource plans, and global development strategies. SEC. 8. ANALYSIS OF CONSTRAINTS ON GROWTH AND INVESTMENT IN FOREIGN COUNTRIES AND SECTORS. (a) In General.--The Secretary, the Administrator, and the heads of other relevant Federal agencies shall ensure that analyses of rigorous, current constraints on growth and investment guide all country, region, and sector economic development strategies. (b) Matters To Be Included.--The analysis required under subsection (a) shall include the identification and analysis of-- (1) constraints posed by the inadequacies of critical infrastructure, rule of law, tax and investment codes, and customs and regulatory regimes of recipient countries, as appropriate; and (2) particular economic sectors that are central to achieving economic growth, such as agriculture, transportation, energy, and financial services. (c) Results.--The results of the analyses described under subsection (a) shall-- (1) be incorporated into the development strategies of United States development agencies; (2) be used to inform and guide resource allocations; and (3) be made available to the public, and for comment by all stakeholders, prior to finalization of development strategies. SEC. 9. REPORT. Not later than 1 year after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that describes the specific measures that have been taken to implement this Act and the outcomes that such measures are intended to produce.

Economic Growth and Development Act This bill requires the President to: (1) establish a primary, interagency mechanism to assist the private sector in coordinating U.S. development programs with private sector investment activities; and (2) submit, annually, a strategy for the facilitation and coordination of private sector investments and activities for the purposes of development. Such mechanism shall: (1) streamline and integrate private sector liaison, coordination, and investment promotion functions of U.S. development agencies; (2) facilitate the use of development and finance tools across such agencies to attract greater private sector participation in development activities; and (3) establish a single point of contact for the private sector for partnership opportunities with such agencies. The Department of State and the U.S. Agency for International Development (USAID) shall direct their policy teams to include private sector facilitation and coordination in all country, sector, and global development strategies. The State Department, USAID, and other relevant federal agencies shall ensure that analyses of rigorous, current constraints on growth and investment guide all such strategies.

Economic Growth and Development Act

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

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

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Act to Transform Imagery in Various Environments''. SEC. 2. FINDINGS. The Congress finds the following: (1) Based on article I, section 8 of the United States Constitution, treaties, Federal statutes, and court decisions, the United States has a unique historical and legal relationship with American Indian and Alaska Native people, which serves as the basis for the Federal Government's trust responsibility and obligations. (2) There are 558 federally recognized Indian tribes in the United States, with some 40 percent of Indian tribes located in the State of Alaska. (3) Indian tribes have principal responsibility for lands and people within their jurisdiction. (4) This responsibility extends to educating their students and providing adequate educational facilities in which their students can learn. (5) Because of this responsibility, Indian schools should be eligible for the funding available under this Act. (6) Elementary and secondary schools all over the Nation use words and symbols representing their schools that are offensive to Native Americans. (7) Nationally, more than 1,200 schools inappropriately use such offensive names or nicknames. Often, these names or symbols become mascots and are used at athletic games for mascot characters, chants, and other antics. (8) Although these school communities do not intend disrespect toward Native Americans, that is the end result of allowing these offensive terms to continue in these educational institutions. Therefore, Federal funding should be available to schools to assist them to discontinue use of offensive names and symbols on equipment and apparel, including team jerseys, signs, stationery, walls, fields, and gymnasium floors. SEC. 3. GRANTS. (a) Grants To Discontinue Use of a Derogatory or Discriminatory Name or Depiction.-- (1) In general.--During the 1-year period beginning at the end of the period described in section 4(b)(2), the Secretary of Education, acting through the Committee on Indian Relations, may make grants to eligible schools to assist such schools to discontinue use of a name or depiction that is derogatory or discriminatory (as provided under section 5) as a team name, mascot, or nickname of the school or any entity sponsored by the school. (2) Use of Funds.--The Secretary may not make a grant to an applicant under this subsection unless the applicant agrees to use the grant for the following: (A) Replacement of uniforms or other materials that bear a discontinued derogatory or discriminatory name or depiction. (B) Alteration of facilities, including walls, floors, and signs, to the extent necessary to remove a discontinued derogatory or discriminatory name or depiction. (3) Eligible schools.--For purposes of this subsection, the term ``eligible school'' means a school that has made a formal decision to discontinue use of a name or depiction that is derogatory or discriminatory. (b) Construction Grants.--Not sooner than the end of the 1-year period during which grants may be made under subsection (a)(1), the Secretary may make grants to Indian schools and to schools that received grants under subsection (a)(1) for school construction or renovation. (c) Consultation.--Before making any grant under this section, the Secretary shall consult with Indian tribes concerning the grant. (d) Application.--To seek a grant under this section, an applicant shall submit an application at such time, in such manner, and containing such information as the Secretary reasonably requires. SEC. 4. COMMITTEE ON INDIAN RELATIONS. (a) Establishment.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall establish within the Department of Education a committee to be known as the Committee on Indian Relations. (b) Duties.--The Committee shall-- (1) in accordance with section 5(c), determine names and depictions that are derogatory or discriminatory; (2) not later than 1 year after the date of the enactment of this Act-- (A) identify schools that use a name or depiction that is derogatory or discriminatory as a team name, mascot, or nickname of the school or any entity sponsored by the school; and (B) inform any school so identified of the assistance available under this Act to discontinue use of such name or depiction; (3) assist the Secretary to make grants under section 3; and (4) provide cultural proficiency training at schools receiving assistance under subsection (a) to effect positive and long-term change regarding any derogatory or discriminatory name or depiction. (c) Director.--The Committee shall have a Director, who shall be appointed by the Secretary in consultation with tribal governments involved in Indian education program activities. The Director shall be paid at the rate of basic pay for level V of the Executive Schedule. (d) Staff.--The Director may appoint such personnel as the Director considers appropriate to carry out the purposes of the Committee. (e) Termination.--The Committee shall terminate at the end of fiscal year 2007. SEC. 5. DEROGATORY OR DISCRIMINATORY NAMES AND DEPICTIONS. (a) In General.--For purposes of this Act, a name or depiction is derogatory or discriminatory if listed in subsection (b) or designated under subsection (c). (b) Listed Names and Depictions.--The names listed in this subsection are the following: (1) Indians. (2) Redskins. (3) Braves. (4) Chiefs. (c) Designated Names and Depictions.--A name or depiction is designated under this subsection if the Committee determines, after notice and comment, that the name or depiction is derogatory or discriminatory on the basis of race, ethnicity, nationality, or Indian or Native Alaskan tribal affiliation. SEC. 6. REPORTS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, and annually for each of the 4 succeeding fiscal years, the Secretary, in consultation with the Committee, shall submit a report to the Committee on Resources of the House of Representatives and the Committee on Indian Affairs of the Senate. (b) Contents.--Each report submitted under this section shall include the following: (1) A summary of the activities conducted by the Secretary, including those conducted by the Committee, to carry out this Act. (2) Any recommendations for legislation that the Secretary, in consultation with the Committee, determines to be necessary to carry out this Act. SEC. 7. DEFINITIONS. For purposes of this Act: (1) The term ``Committee'' means the Committee on Indian Relations established under section 4. (2) The term ``school'' means-- (A) an elementary school or a 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) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (51 U.S.C. 20 U.S.C. 1001(a))). (3) The term ``Indian school'' means a school that is operated by-- (A) the Bureau of Indian Affairs; or (B) an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act or the Tribally Controlled Schools Act of 1988. (4) The term ``Indian tribe'' has the meaning given to that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (5) The term ``Secretary'' means the Secretary of Education. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, to remain available until expended, for each of fiscal years 2003 through 2007. Such authorization of appropriations shall be in addition to any other authorization of appropriations for Indian education.

Native Act to Transform Imagery in Various Environments - Authorizes the Secretary of Education to make: (1) grants to schools that have made formal decisions to discontinue use of a derogatory or discriminatory name or depiction as a team name, mascot, or nickname, to assist them in replacing uniforms or other materials and in altering facilities, including walls, floors, and signs; and (2) school construction or renovation grants to Indian schools and to schools that received discontinuation grants.Establishes within the Department of Education a Committee on Indian Relations. Includes among Committee duties providing cultural proficiency training at schools receiving discontinuation grants to effect positive and long-term change regarding any derogatory or discriminatory name or depiction.Declares a name or depiction to be derogatory or discriminatory if: (1) the name is Indians, Redskins, Braves, or Chiefs; or (2) the Committee determines, after notice and comment, that the name or depiction is derogatory or discriminatory on the basis of race, ethnicity, nationality, or Indian or Native Alaskan tribal affiliation.

To authorize the Secretary of Education to make grants to eligible schools to assist such schools to discontinue use of a derogatory or discriminatory name or depiction as a team name, mascot, or nickname, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Market Parity and Modernization Act''. SEC. 2. PRIVATE FLOOD INSURANCE. (a) Mandatory Purchase Requirement.-- (1) Amount and term of coverage.--Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended by striking ``Sec. 102. (a)'' and all that follows through the end of subsection (a) and inserting the following: ``Sec. 102. (a) Amount and Term of Coverage.--After the expiration of sixty days following the date of enactment of this Act, no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes for use in any area that has been identified by the Administrator as an area having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), unless the building or mobile home and any personal property to which such financial assistance relates is covered by flood insurance: Provided, That the amount of flood insurance (1) in the case of Federal flood insurance, is at least equal to the development or project cost of the building, mobile home, or personal property (less estimated land cost), the outstanding principal balance of the loan, or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less; or (2) in the case of private flood insurance, is at least equal to the development or project cost of the building, mobile home, or personal property (less estimated land cost), the outstanding principal balance of the loan, or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less: Provided further, That if the financial assistance provided is in the form of a loan or an insurance or guaranty of a loan, the amount of flood insurance required need not exceed the outstanding principal balance of the loan and need not be required beyond the term of the loan. The requirement of maintaining flood insurance shall apply during the life of the property, regardless of transfer of ownership of such property.''. (2) Requirement for mortgage loans.--Subsection (b) of section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)) is amended-- (A) by striking the subsection designation and all that follows through the end of paragraph (5) and inserting the following: ``(b) Requirement for Mortgage Loans.-- ``(1) Regulated lending institutions.--Each Federal entity for lending regulation (after consultation and coordination with the Financial Institutions Examination Council established under the Federal Financial Institutions Examination Council Act of 1974 (12 U.S.C. 3301 et seq.)) shall by regulation direct regulated lending institutions not to make, increase, extend, or renew any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Administrator as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), unless the building or mobile home and any personal property securing such loan is covered for the term of the loan by flood insurance: Provided, That the amount of flood insurance (A) in the case of Federal flood insurance, is at least equal to the outstanding principal balance of the loan or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less; or (B) in the case of private flood insurance, is at least equal to the outstanding principal balance of the loan or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less. ``(2) Federal agency lenders.-- ``(A) In general.--A Federal agency lender may not make, increase, extend, or renew any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Administrator as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), unless the building or mobile home and any personal property securing such loan is covered for the term of the loan by flood insurance in accordance with paragraph (1). Each Federal agency lender may issue any regulations necessary to carry out this paragraph. Such regulations shall be consistent with and substantially identical to the regulations issued under paragraph (1). ``(B) Requirement to accept flood insurance.--Each Federal agency lender shall accept flood insurance as satisfaction of the flood insurance coverage requirement under subparagraph (A) if the flood insurance coverage meets the requirements for coverage under that subparagraph. ``(3) Government-sponsored enterprises for housing.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall implement procedures reasonably designed to ensure that, for any loan that is-- ``(A) secured by improved real estate or a mobile home located in an area that has been identified, at the time of the origination of the loan or at any time during the term of the loan, by the Administrator as an area having special flood hazards and in which flood insurance is available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), and ``(B) purchased or guaranteed by such entity, the building or mobile home and any personal property securing the loan is covered for the term of the loan by flood insurance in the amount provided in paragraph (1). The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall accept flood insurance as satisfaction of the flood insurance coverage requirement under paragraph (1) if the flood insurance coverage provided meets the requirements for coverage under that paragraph and any requirements established by the Federal National Mortgage Association or the Federal Home Loan Corporation, respectively, relating to the financial strength of private insurance companies from which the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation will accept private flood insurance, provided that such requirements shall not affect or conflict with any State law, regulation, or procedure concerning the regulation of the business of insurance. ``(4) Applicability.-- ``(A) Existing coverage.--Except as provided in subparagraph (B), paragraph (1) shall apply on the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.). ``(B) New coverage.--Paragraphs (2) and (3) shall apply only with respect to any loan made, increased, extended, or renewed after the expiration of the 1-year period beginning on the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.). Paragraph (1) shall apply with respect to any loan made, increased, extended, or renewed by any lender supervised by the Farm Credit Administration only after the expiration of the period under this subparagraph. ``(C) Continued effect of regulations.-- Notwithstanding any other provision of this subsection, the regulations to carry out paragraph (1), as in effect immediately before the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.), shall continue to apply until the regulations issued to carry out paragraph (1) as amended by section 522(a) of such Act take effect. ``(5) Rule of construction.--Except as otherwise specified, any reference to flood insurance in this section shall be considered to include Federal flood insurance and private flood insurance. Nothing in this subsection shall be construed to supersede or limit the authority of a Federal entity for lending regulation, the Federal Housing Finance Agency, a Federal agency lender, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation to establish requirements relating to the financial strength of private insurance companies from which the entity or agency will accept private flood insurance, provided that such requirements shall not affect or conflict with any State law, regulation, or procedure concerning the regulation of the business of insurance.''; and (B) by striking paragraph (7) and inserting the following new paragraph: ``(7) Definitions.--In this section: ``(A) Flood insurance.--The term `flood insurance' means-- ``(i) Federal flood insurance; and ``(ii) private flood insurance. ``(B) Federal flood insurance.--the term `Federal flood insurance' means an insurance policy made available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). ``(C) Private flood insurance.--The term `private flood insurance' means an insurance policy that-- ``(i) is issued by an insurance company that is-- ``(I) licensed, admitted, or otherwise approved to engage in the business of insurance in the State in which the insured building is located, by the insurance regulator of that State; or ``(II) eligible as a nonadmitted insurer to provide insurance in the home State of the insured, in accordance with sections 521 through 527 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8201 through 8206); ``(ii) is issued by an insurance company that is not otherwise disapproved as a surplus lines insurer by the insurance regulator of the State in which the property to be insured is located; and ``(iii) provides flood insurance coverage that complies with the laws and regulations of that State. ``(D) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.''. (b) Effect of Private Flood Insurance Coverage on Continuous Coverage Requirements.--Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the following: ``(n) Effect of Private Flood Insurance Coverage on Continuous Coverage Requirements.--For purposes of applying any statutory, regulatory, or administrative continuous coverage requirement, including under section 1307(g)(1), the Administrator shall consider any period during which a property was continuously covered by private flood insurance (as defined in section 102(b)(7) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)(7))) to be a period of continuous coverage.''.

Flood Insurance Market Parity and Modernization Act This bill amends the Flood Disaster Protection Act of 1973 to revise requirements for federal and private flood insurance. This bill revises the financial requirements that apply to flood insurance for home loans or loan guarantees by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). Private flood insurance must meet any financial strength requirements set forth by Fannie Mae and Freddie Mac. Private flood insurance may include nonadmitted insurers (including surplus lines insurance) as long as the insurer is eligible to provide insurance in the home state of the insured and complies with the laws and regulations of that state. The National Flood Insurance Act of 1968 is amended to direct the Federal Emergency Management Agency (FEMA) to consider any period during which a property was continuously covered by private flood insurance to be a period of continuous insurance coverage, including for the purposes of National Flood Insurance Program subsidies.

Flood Insurance Market Parity and Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Resilience Development Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) According to the New England Journal of Medicine, after September 11, 2001, Americans across the country, including children, had substantial symptoms of stress. Even clinicians who practice in regions that are far from the sites of the attacks should be prepared to assist people with trauma-related symptoms of stress. (2) According to Military Medicine, experiences from the 1995 chemical weapons attack by terrorists in the Tokyo subway system suggest that psychological casualties from a chemical attack will outnumber physical casualties by approximately 4 to 1. (3) According to Military Medicine, victims from the 1995 Tokyo attack continued to suffer from psychological symptoms 5 years later. (4) According to the Journal of the American Medical Association, the lessons learned from the 2001 anthrax attacks should motivate local health departments, health care organizations, and clinicians to engage in collaborative programs to enhance their communications and local preparedness and response capabilities. (5) According to the Institute of Medicine of the National Academy of Sciences, the Department of Health and Human Services and the Department of Homeland Security should analyze terrorism preparedness to ensure that the public health infrastructure is prepared to respond to the psychological consequences of terrorism, and Federal, State, and local disaster planers should address these psychological consequences in their planning and preparedness for terrorist attacks. (6) According to a national study by leading health care foundations, in this time of growing threats of terrorism, many doctors and other primary care providers are increasingly being confronted with patients who complain of aches and pains, or more serious symptoms, which mask serious anxiety or depression. (7) Substantial effort and funding are still needed to adequately understand and prepare for the psychological consequences associated with bioterrorism. (8) The integration of mental health into public health efforts, including integration and cooperation across Federal agencies and State public health and mental health authorities, is critical in addressing the psychological needs of the Nation with regard to terrorism. SEC. 3. GOALS. The goals of this Act are as follows: (1) To coordinate the efforts of different government agencies in researching, developing, and implementing programs and protocols designed to increase the psychological resilience and mitigate distress reactions and maladaptive behaviors of the American public as they relate to terrorism. (2) To facilitate the work of the Department of Homeland Security by incorporating programs and protocols designed to increase the psychological resilience, and mitigate distress reactions and maladaptive behaviors, of the American public into the Department's efforts in reducing the vulnerability of the United States to terrorism. (3) To identify effective interventions to the harmful psychosocial consequences of disasters and to integrate these interventions into the United States' plans to mitigate, plan for, respond to, and recover from potential and actual terrorist attacks. (4) To enable the States and localities to effectively respond to the psychosocial consequences of terrorism. (5) To integrate mental health and public health emergency preparedness and response efforts in the United States. SEC. 4. INTERAGENCY TASK FORCE ON NATIONAL RESILIENCE. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 319K the following: ``SEC. 319L. INTERAGENCY TASK FORCE ON NATIONAL RESILIENCE. ``(a) Establishment.--The Secretary shall convene and lead an interagency task force for the purpose of increasing the psychological resilience and mitigating distress reactions and maladaptive behaviors of the American public in preparation for, and in response to, a conventional, biological, chemical, or radiological attack on the United States. ``(b) Members.--The task force convened under this section shall include the Director of the Centers for Disease Control and Prevention, the Director of the National Institute of Mental Health, the Administrator of the Substance Abuse and Mental Health Services Administration, the Administrator of the Health Resources and Services Administration, the Director of the Office of Public Health Emergency Preparedness, the Surgeon General of the Public Health Service, and such other members as the Secretary deems appropriate. ``(c) Duties.--The duties of the task force convened under this section shall include the following: ``(1) Coordinating and facilitating the efforts of the Centers for Disease Control and Prevention, the National Institute of Mental Health, the Substance Abuse and Mental Health Services Administration, the Health Resources and Services Administration, the Office of Public Health Emergency Preparedness, and the Office of the Surgeon General of the Public Health Service in their endeavors to develop programs and protocols designed to increase the psychological resilience and mitigate distress reactions and maladaptive behaviors of the American public in preparation for, and in response to, a conventional, biological, chemical, or radiological attack on the United States. ``(2) Consulting with, and providing guidance to, the Department of Homeland Security in its efforts to integrate into its efforts in reducing the vulnerability of the United States to terrorism, programs and protocols designed to increase the psychological resilience and mitigate distress reactions and maladaptive behaviors of the American public in preparation for, and in response to, a conventional, biological, chemical, or radiological attack on the United States. ``(3) Consulting with the Department of Defense, the Department of Veterans Affairs, the American Red Cross, national organizations of health care and health care providers, and such other organizations and agencies as the task force deems appropriate. ``(4) Consulting with and providing guidance to the States for the purpose of enabling them to effectively respond to the psychosocial consequences of terrorism. ``(5) Developing strategies for encouraging State public health and mental health agencies to closely collaborate in the development of integrated, science-based programs and protocols designed to increase the psychological resilience and mitigate distress reactions and maladaptive behaviors of the public in preparation for, and in response to, a conventional, biological, chemical, or radiological attack on the United States. ``(6) Preparing and presenting to the Secretary of Health and Human Services and the Secretary of Homeland Security specific recommendations on how their respective departments, agencies, and offices can strengthen existing and planned terrorism preparedness, response, recovery, and mitigation initiatives by integrating programs and protocols designed to increase the psychological resilience and mitigate distress reactions and maladaptive behaviors of the American public. ``(d) Meetings.--The task force convened under this section shall meet not less than 4 times each year. ``(e) Staff.--The Secretary shall staff the task force as necessary to ensure it meets the goals set forth in section 3 of the National Resilience Development Act of 2003.''. SEC. 5. MENTAL HEALTH ACTIVITIES OF STATES, DISTRICT OF COLUMBIA, AND TERRITORIES REGARDING NATIONAL RESILIENCE. (a) Public Health Service Act.-- (1) Authorization.--Subsection (d) of section 319C-1 of the Public Health Service Act (42 U.S.C. 247d-3a) is amended by inserting after paragraph (18) the following: ``(19) To enable State mental health authorities, in close collaboration with the respective State public health authorities and the interagency task force convened under section 319L, to better understand and manage human emotional, behavioral, and cognitive responses to disasters, including by increasing the psychological resilience of the public and mitigating distress reactions and maladaptive behaviors that could occur in response to a conventional, biological, chemical, or radiological attack on the United States.''. (2) Funding.--Subparagraph (B) of section 319C-1(j)(1) of the Public Health Service Act (42 U.S.C. 247d-3a(j)(1)) is amended by adding at the end the following: ``Not less than 1 percent of the amounts appropriated pursuant to this subparagraph shall be used for the purpose of carrying out subsection (d)(19).''. (b) USA Patriot Act.-- (1) Authorization.--Subsection (b) of section 1014 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 3714) is amended-- (A) by striking ``may be used to purchase'' and inserting ``may be used for the following: ``(1) To purchase''; (B) by striking ``In addition, grants under this section may be used to construct'' and inserting the following: ``(2) To construct''; and (C) by inserting at the end the following: ``(3) To enable State mental health authorities, in close collaboration with the respective State public health authorities and the interagency task force convened under section 319L of the Public Health Service Act, to better understand and manage human emotional, behavioral, and cognitive responses to disasters, including by increasing the psychological resilience of the public and mitigating distress reactions and maladaptive behaviors that could occur in response to a conventional, biological, chemical, or radiological attack on the United States.''. (2) Funding.--Subsection (c) of section 1014 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 3714) is amended by adding at the end the following: ``(4) Mental health preparedness.--Not less than 1 percent of the amounts appropriated pursuant to this subsection shall be used for the purpose of carrying out subsection (b)(3).''. SEC. 6. EFFORTS BY FEMA REGARDING NATIONAL RESILIENCE. Paragraph (2) of section 507(a) of the Homeland Security Act of 2002 (6 U.S.C. 317(a)) is amended-- (1) in subparagraph (D), by striking ``; and'' at the end and inserting a semicolon; (2) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(F) of integrating into each of the Federal Emergency Management Agency's functions of mitigation, planning, response, and recovery, efforts to increase communities' psychological resilience and decrease distress reactions and maladaptive behaviors in individuals, and of coordinating such efforts with efforts by the interagency task force convened under section 319L of the Public Health Service Act and other efforts by the Department of Homeland Security.''. SEC. 7. ANNUAL REPORT BY SECRETARIES OF HHS AND HOMELAND SECURITY. Not less than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary of Health and Human Services and the Secretary of Homeland Security, acting jointly, shall submit a report to the Congress that includes the following: (1) The recommendations of the interagency task force convened under section 319L of the Public Health Service Act (as amended by section 4 of this Act) that are relevant to the Department of Health and Human Services or the Department of Homeland Security. (2) A description of the steps that have or have not been taken by each Federal department to implement the recommendations described in paragraph (1). (3) Thorough explanations for rejection of any recommendations made by the interagency task force convened under section 319L. (4) Other steps undertaken to meet the goals of this Act.

National Resilience Development Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to convene and lead an interagency task force for the purposes of mitigating distress reactions and maladaptive behaviors in Americans and increasing their psychological resilience in preparation for, and in response to, a conventional, biological, chemical, or radiological attack on the United States. Directs the task force to coordinate and facilitate the efforts of various public bodies to develop programs and protocols to achieve such purposes. Amends the Act and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001 to permit certain grants to go to activities aimed at enabling State mental health authorities, in coordination with State public health authorities and the interagency task force, to better understand and manage human emotional, behavioral, and cognitive responses to disasters. States that such efforts shall include increasing the psychological resilience of the public and mitigating distress reactions and maladaptive behaviors that could occur in response to an attack. Amends the Homeland Security Act of 2002 to direct the Federal Emergency Management Agency to integrate into each of its functions of mitigation, planning, response, and recovery, efforts to increase communities' psychological resilience and decrease distress reactions and maladaptive behaviors in individuals. Directs that FEMA take such measures in coordination with the interagency task force and other efforts by the Department of Homeland Security.

To improve homeland security by providing for national resilience in preparation for, and in the event of, a terrorist attack, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Tax Flexibility Act of 2003''. SEC. 2. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A MONTH FROM APRIL TO NOVEMBER. (a) In General.--Part I of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to accounting periods) is amended by inserting after section 444 the following new section: ``SEC. 444A. QUALIFIED SMALL BUSINESSES ELECTION OF TAXABLE YEAR ENDING IN A MONTH FROM APRIL TO NOVEMBER. ``(a) General Rule.--A qualified small business may elect to have a taxable year, other than the required taxable year, which ends on the last day of any of the months of April through November (or at the end of an equivalent annual period (varying from 52 to 53 weeks)). ``(b) Years for Which Election Effective.--An election under subsection (a)-- ``(1) shall be made not later than the due date (including extensions thereof) for filing the return of tax for the first taxable year of the qualified small business, and ``(2) shall be effective for such first taxable year or period and for all succeeding taxable years of such qualified small business until such election is terminated under subsection (c). ``(c) Termination.-- ``(1) In general.--An election under subsection (a) shall be terminated on the earliest of-- ``(A) the first day of the taxable year following the taxable year for which the entity fails to meet the gross receipts test, ``(B) the date on which the entity fails to qualify as an S corporation, or ``(C) the date on which the entity terminates. ``(2) Gross receipts test.--For purposes of paragraph (1), an entity fails to meet the gross receipts test if the entity fails to meet the gross receipts test of section 448(c). ``(3) Effect of termination.--An entity with respect to which an election is terminated under this subsection shall determine its taxable year for subsequent taxable years under any other method that would be permitted under subtitle A. ``(4) Income inclusion and deduction rules for period after termination.--If the termination of an election under paragraph (1)(A) results in a short taxable year-- ``(A) items relating to net profits for the period beginning on the day after its last fiscal year-end and ending on the day before the beginning of the taxable year determined under paragraph (4) shall be includible in income ratably over the succeeding 4 taxable years, or (if fewer) the number of taxable years equal to the fiscal years for which the election under this section was in effect, and ``(B) items relating to net losses for such period shall be deductible in the first taxable year after the taxable year with respect to which the election terminated. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified small business.--The term `qualified small business' means an entity-- ``(A)(i) for which an election under section 1362(a) is in effect for the first taxable year or period of such entity and for all subsequent years, or ``(ii) which is treated as a partnership for the first taxable year or period of such entity for Federal income tax purposes, ``(B) which conducts an active trade or business or which would qualify for an election to amortize start- up expenditures under section 195, and ``(C) which is a start-up business. ``(2) Start-up business.--For purposes of paragraph (1)(C), an entity shall be treated as a start-up business so long as not more than 75 percent of the entity is owned by any person who previously conducted a similar trade or business at any time within the 1-year period ending on the date on which such entity is formed. For purposes of the preceding sentence, a person and any other person bearing a relationship to such person specified in section 267(b) or 707(b)(1) shall be treated as one person, and sections 267(b) and 707(b)(1) shall be applied as if section 267(c)(4) provided that the family of an individual consists of the individual's spouse and the individual's children under the age of 21. ``(3) Required taxable year.--The term `required taxable year' has the meaning given to such term by section 444(e). ``(e) Tiered Structures.--The Secretary shall prescribe rules similar to the rules of section 444(d)(3) to eliminate abuse of this section through the use of tiered structures.''. (b) Conforming Amendment.--Section 444(a)(1) of such Code is amended by striking ``section,'' and inserting ``section and section 444A''. (c) Clerical Amendment.--The table of sections for part I of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 444 the following new item: ``Sec. 444A. Qualified small businesses election of taxable year ending in a month from April to November.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.

Small Business Tax Flexibility Act of 2003 - Amends the Internal Revenue Code to permit a qualified small business the election of having a taxable year, other than the required taxable year, which ends on the last day of any of the months of April through November.

To permit startup partnerships and S corporations to elect taxable years other than required years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act''. SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY. (a) Findings and Declarations.--Congress finds and declares the following: (1) It is the policy of the United States to promote tribal self-determination and economic self-sufficiency and to support the resolution of disputes over historical claims. (2) Sam Houston, as a leader in the Texas Revolution and the President of the Republic of Texas, established friendly relations with the tribes, expressed his personal appreciation for the assistance of the tribes during the fight for Texas independence, and endeavored to protect their lands and rights. (3) The United States, pursuant to Federal law and in accordance with several Federal court decisions, has affirmed the rights of the Alabama-Coushatta Tribe of Texas (Alabama- Coushatta Tribe), to free and undisturbed use and occupancy of its aboriginal lands, including the right to compensation when those rights are violated. (4) The Alabama-Coushatta Tribe's lands in southeastern Texas have been subject to illegal trespass and use, depriving the Alabama-Coushatta Tribe of critical economic development opportunities, including valuable timber production and oil and gas leasing. (5) In June 2000, the United States Court of Federal Claims ruled that-- (A) the United States violated its fiduciary obligations to the Alabama-Coushatta Tribe by knowingly failing to protect 2.85 million acres of the aboriginal lands of the Tribe in southeastern Texas; (B) this failure would have constituted a claim eligible to be heard by the Indian Claims Commission established by the first section of the Act of August 13, 1946; and (C) as described in House Resolution 69 (98th Congress), which was passed on November 1, 1983, it was the sense of the House of Representatives that the Federal Government should pay full monetary compensation to the Alabama-Coushatta Tribe for the loss of the 2,850,000 acres of aboriginal lands illegally occupied by non-Indian settlers after 1845. (6) In October 2002, the United States Court of Federal Claims adopted $270,600,000 as the jointly stipulated amount of economic damages to be recovered by the Alabama-Coushatta Tribe from the United States. (7) While the Alabama-Coushatta Tribe is asserting outstanding claims regarding its aboriginal lands, the Tribe has elected to forego, relinquish, waive, and otherwise extinguish any such claims, on the condition that Congress amend the Tribe's 1987 Restoration Act, as hereinafter described. (8) Congress desires to empower the Alabama-Coushatta Tribe to govern its own economic future and appreciates the Tribe's willingness to forego these land claims in exchange for improved economic self-sufficiency. (9) This Act is a good faith effort on the part of Congress to compensate the Alabama-Coushatta Tribe for the loss of its aboriginal lands by providing the Tribe with the same economic development opportunity, under the same terms and conditions, that is available to other federally recognized Indian tribes, in exchange for the Tribe's agreement to relinquish its land claims as described above. (10) In the absence of Congressional action, these land claims will likely be pursued through the courts, a process that would take many years and thereby promote divisiveness and uncertainty in the State of Texas, to the ultimate detriment of the Alabama-Coushatta Tribe, its members, and all other citizens of the State of Texas. (b) Purposes.--The purposes of this Act are as follows: (1) To recognize and compensate the Alabama-Coushatta Tribe for the loss of its aboriginal lands and the resulting loss of economically productive use of those lands for decades. (2) To restore economic development opportunity to the Alabama-Coushatta Tribe on terms that are equal and fair. (3) To resolve claims by the Alabama-Coushatta Tribe regarding the loss of its aboriginal lands. (4) To insulate the Federal Government and taxpayers from the potential for greater and ongoing liability stemming from these claims. SEC. 3. RESTORATION ACT AMENDMENT. For the purpose of restoring economic development opportunity on terms that are equal and fair, section 207 of Public Law 100-89 (25 U.S.C. 737) is hereby repealed. SEC. 4. DISMISSAL OF LAND CLAIMS. Not later than 180 days after the date of the enactment of this Act, the United States and the Alabama-Coushatta Tribe shall execute and file in each applicable court a motion for dismissal of any pending claim arising out of, or relating to, the aboriginal lands, or an interest in the aboriginal lands, of the Tribe. SEC. 5. EXTINGUISHMENT OF CLAIMS. (a) Extinguishment of Claims.--Any claim (including any claim for damages for trespass or for use and occupancy) by, or on behalf of, the Alabama-Coushatta Tribe of Texas, or any predecessor in interest or any of its members, against the United States, the State of Texas, or any landowner, which is based on any interest in, or right involving, any land or natural resources, shall be regarded as extinguished. (b) Construction.--Nothing in this section-- (1) affects or limits the personal claim of an individual Indian (except for a Federal common law fraud claim) which is pursued under any law of general applicability that protects non-Indians as well as Indians; or (2) alters the status of lands held in trust by the United States on behalf of the Alabama-Coushatta Tribe.

Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act This bill amends the Alabama-Coushatta Tribes of Texas Restoration Act to repeal the prohibition against gaming activities by the Alabama-Coushatta Tribe of Texas on its lands if those gaming activities are prohibited by Texas law. The United States and the Tribe must execute and file in each applicable court a motion for dismissal of any pending claim arising out of or relating to any interest in the aboriginal lands of the Tribe. Any claim by or on behalf of the Tribe, or any predecessor in interest or any of its members, against the United States, Texas, or any landowner, which is based on any interest in or right involving any land or natural resources regarding the aboriginal lands, is hereby extinguished.

Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act

SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES. The second sentence of subsection (a) of the first section of the Act entitled ``An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases'', approved August 9, 1955 (25 U.S.C. 415(a)), is amended-- (1) by inserting ``lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon,'' after ``lands held in trust for the Cahuilla Band of Indians of California,''; and (2) by inserting ``the Cabazon Indian Reservation,'' after ``the Navajo Reservation,''. SEC. 2. GRAND RONDE RESERVATION ACT. Section 1(c) of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes'', approved September 9, 1988 (25 U.S.C. 713f note; 102 Stat. 1594), is amended-- (1) by striking ``10,120.68 acres of land'' and inserting ``10,311.60 acres of land''; and (2) by striking all in the table after: ``4 7 30 Lots 3, 4, SW\1/4\NW\1/4\, 240''; SE\1/4\NE\1/4\, E\1/2\SW\1/ 4\ and inserting the following: ``6 8 1 N\1/2\SW\1/4\ 29.59 6 8 12 W\1/2\SW\1/4\NE\1/4\, SE\1/ 21.70 4\SW\1/4\NE\1/4\NW\1/4\, N\1/ 2\SE\1/4\NW\1/4\, N\1/2\SW\1/ 4\SW\1/4\SE\1/4\ 6 8 13 W\1/2\E\1/2\NW\1/4\NW\1/4\ 5.31 6 7 7 E\1/2\E\1/2\ 57.60 6 7 8 SW\1/4\SW\1/4\NW\1/4\, W\1/ 22.46 2\SW\1/4\ 6 7 17 NW\1/4\NW\1/4\, N\1/2\SW\1/ 10.84 4\NW\1/4\ 6 7 18 E\1/2\NE\1/4\ 43.42 ------------ Total 10,311.60'' SEC. 3. NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT. Section 12 of the Navajo-Hopi Land Dispute Settlement Act of 1996 (110 Stat. 3653) is amended-- (1) in subsection (a)(1)(C), by inserting ``of surface water'' after ``on such lands''; and (2) in subsection (b), by striking ``subsection (a)(3)'' each place it appears and inserting ``subsection (a)(1)(C)''. SEC. 4. TREATMENT OF CERTAIN DEMONSTRATION PROJECTS. (a) In General.--The Secretary of the Interior shall take such action as may be necessary to extend the terms of the projects referred to in section 512 of the Indian Health Care Improvement Act (25 U.S.C. 1660b) so that the term of each such project expires on October 1, 2002. (b) Amendment to Indian Health Care Improvement Act.--Section 512 of the Indian Health Care Improvement Act (25 U.S.C. 1660b) is amended by adding at the end the following: ``(c) In addition to the amounts made available under section 514 to carry out this section through fiscal year 2000, there are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2001 and 2002.''. SEC. 5. CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS RESERVATION ACT. Section 7(b) of the Coos, Lower Umpqua, and Siuslaw Restoration Act (25 U.S.C. 714e(b)) is amended by adding at the end the following: ``(4) In Lane County, Oregon, a parcel described as beginning at the common corner to sections 23, 24, 25, and 26 township 18 south, range 12 west, Willamette Meridian; then west 25 links; then north 2 chains and 50 links; then east 25 links to a point on the section line between sections 23 and 24; then south 2 chains and 50 links to the place of origin, and containing .062 of an acre, more or less, situated and lying in section 23, township 18 south, range 12 west, of Willamette Meridian.''. SEC. 6. HOOPA VALLEY RESERVATION BOUNDARY ADJUSTMENT. Section 2(b) of the Hoopa Valley Reservation South Boundary Adjustment Act (25 U.S.C. 1300i-1 note) is amended-- (1) by striking ``north 72 degrees 30 minutes east'' and inserting ``north 73 degrees 50 minutes east''; and (2) by striking ``south 15 degrees 59 minutes east'' and inserting ``south 14 degrees 36 minutes east''. SEC. 7. CLARIFICATION OF SERVICE AREA FOR CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON. Section 2 of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of Siletz Indians of Oregon'', approved September 4, 1980 (25 U.S.C. 711e note; 94 Stat. 1073), is amended by adding at the end the following: ``(c) Subject to the express limitations under sections 4 and 5, for purposes of determining eligibility for Federal assistance programs, the service area of the Confederated Tribes of the Siletz Indians of Oregon shall include Benton, Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties in Oregon.''. SEC. 8. LOWER SIOUX INDIAN COMMUNITY. Notwithstanding any other provision of law, the Lower Sioux Indian Community in Minnesota is hereby authorized to sell, convey, and warrant to a buyer, without further approval of the United States, all the Community's interest in the following real property located in Redwood County, Minnesota: A tract of land located in the Northeast Quarter (NE\1/4\) of Section Five (5), Township One Hundred Twelve (112) North, Range Thirty-five (35) West, County of Redwood and State of Minnesota, described as follows: Commencing at the north quarter corner of Section 5 in Township 112 North, Range 35 West of the 5th Principal Meridian; thence east a distance of 678 feet; thence south a distance of 650 feet; thence South 45 degrees West a distance of 367.7 feet; thence west a distance of 418 feet to a point situated on the north and south quarter line of said Section 5; thence north a distance of 910 feet to the place of beginning, subject to highway easements of record, and containing 13.38 acres, more or less. Nothing in this section is intended to authorize the Lower Sioux Indian Community in Minnesota to sell any of its lands that are held in trust by the United States. SEC. 9. FEDERAL TRUST EMPLACEMENT OF TRIBAL LANDS. The Cow Creek Band of Umpqua Tribe of Indians Recognition Act (25 U.S.C. 712 et seq.) is amended by adding at the end the following new section: ``SEC. 7. CERTAIN PROPERTY TAKEN INTO TRUST. ``The Secretary of the Interior shall accept title to 2000 acres of real property and may accept title to any additional number of acres of real property located in Umpqua River watershed upstream from Scottsburg, Oregon, or the northern slope of the Rogue River watershed upstream from Agness, Oregon, if such real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. The Secretary shall take into trust for the benefit of the Tribe all real property conveyed or otherwise transferred to the United States pursuant to this section. Real property taken into trust pursuant to this section shall become part of the Tribe's reservation. Real property taken into trust pursuant to this section shall not be considered to have been taken into trust for gaming (as that term is used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).''. SEC. 10. AMENDMENTS TO THE JICARILLA APACHE TRIBE WATER RIGHTS SETTLEMENT ACT. (a) Section 8(e)(3) of the Jicarilla Apache Tribe Water Rights Settlement Act, as amended by Public Law 104-261, is further amended by striking ``December 31, 1998'' and inserting ``December 31, 2000''. (b) The Jicarilla Apache Tribe Water Rights Settlement Act (Public Law 102-441) is amended by adding at the end the following new section: ``SEC. 12. APPROVAL OF STIPULATION. ``Notwithstanding any other provision of Federal law, including section 2116 of the Revised Statutes (25 U.S.C. 177), the Stipulation and Settlement Agreement, dated October 7, 1997, between the Jicarilla Apache Tribe and other parties to State of New Mexico v. Aragon, No. CIV-7941 JC, U.S. Dist. Ct., D.N.M., approved by the United States District Court in that proceeding, is hereby approved.''. SEC. 11. SAN LUIS REY INDIAN WATER RIGHTS SETTLEMENT ACT. Section 105(c) of the San Luis Rey Indian Water Rights Settlement Act (Public Law 100-675; 102 Stat. 4000), as amended by section 117 of the Department of the Interior and Related Agencies Appropriations Act, 1992 (Public Law 102-154; 105 Stat. 1012-1013), is amended-- (1) by inserting ``(1)'' before ``Until''; and (2) by adding at the end the following new paragraph: ``(2) Notwithstanding paragraph (1), prior to completion of the final settlement and as soon as feasible, the Secretary is authorized and directed to disburse a total of $8,000,000, of which $1,600,000 will go to each of the Bands, from the interest income which has accrued to the Fund. The disbursed funds shall be invested or used for economic development of the Bands, the Bands' reservation land, and their members and may not be used for per capita payments to members of any Band. The United States shall not be liable for any claim or causes of action arising from the Bands' use or expenditure of moneys distributed from the Fund.''. SEC. 12. NATIVE HAWAIIAN HEALTH SCHOLARSHIP PROGRAM. (a) Eligibility.--Section 10(a)(1) of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11709(a)(1)) is amended by striking ``meet the requirements of section 338A of the Public Health Service Act (42 U.S.C. 2541)'' and inserting ``meet the requirements of paragraphs (1), (3), and (4) of section 338A(b) of the Public Health Service Act (42 U.S.C. 254l(b))''. (b) Terms and Conditions.--Section 10(b)(1) of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11709(b)(1)) is amended-- (1) in subparagraph (A), by inserting ``identified in the Native Hawaiian comprehensive health care master plan implemented under section 4'' after ``health care professional''; (2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (3) by inserting after subparagraph (A) the following: ``(B) the primary health services covered under the scholarship assistance program under this section shall be the services included under the definition of that term under section 12(8);''; (4) by striking subparagraph (D), as redesignated, and inserting the following: ``(D) the obligated service requirement for each scholarship recipient shall be fulfilled through the full-time clinical or nonclinical practice of the health profession of the scholarship recipient, in an order of priority that would provide for practice-- ``(i) first, in any one of the five Native Hawaiian health care systems; and ``(ii) second, in-- ``(I) a health professional shortage area or medically underserved area located in the State of Hawaii; or ``(II) a geographic area or facility that is-- ``(aa) located in the State of Hawaii; and ``(bb) has a designation that is similar to a designation described in subclause (I) made by the Secretary, acting through the Public Health Service;''; (5) in subparagraph (E), as redesignated, by striking the period and inserting a comma; and (6) by adding at the end the following: ``(F) the obligated service of a scholarship recipient shall not be performed by the recipient through membership in the National Health Service Corps; and ``(G) the requirements of sections 331 through 338 of the Public Health Service Act (42 U.S.C. 254d through 254k), section 338C of that Act (42 U.S.C. 254m), other than subsection (b)(5) of that section, and section 338D of that Act (42 U.S.C. 254n) applicable to scholarship assistance provided under section 338A of that Act (42 U.S.C. 254l) shall not apply to the scholarship assistance provided under subsection (a) of this section.''. SEC. 13. MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Authorization.--Section 711(h) of the Indian Health Care Improvement Act (25 U.S.C. 1665j(h)) is amended by striking ``of the fiscal years'' and inserting ``of fiscal years''. (b) Reference.--Section 4(12)(B) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(12)(B)) is amended by striking ``Indian Self-Determination and Education Assistance Act of 1975'' and inserting ``Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)''. SEC. 14. REPEAL. Section 326(d)(1) of Public Law 105-83 is repealed and section 1004(a) of Public Law 104-324 is amended by inserting ``sale or'' before ``use''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends Federal law to authorize leases granted on lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon and on the Cabazon Indian Reservation in California to be for terms of up to 99 years. Requires the Secretary of the Interior to extend the terms of specified Indian health care demonstration projects at the Oklahoma City and Tulsa clinics in Oklahoma through FY 2002. Amends the Indian Health Care Improvement Act to extend the authorization of appropriations for such projects through FY 2002. Amends the Coos, Lower Umpqua, and Siuslaw Restoration Act to direct the Secretary of the Interior to accept additional Oregon lands in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians for a reservation. Includes certain counties in Oregon in the service area of the Confederated Tribes of the Siletz Indians for purposes of determining eligibility for Federal assistance programs. Authorizes the Lower Sioux Indian Community in Minnesota to convey to a buyer, without further U.S. approval, all Community interest in specified real property in Redwood County, Minnesota. Amends the Cow Creek Band of Umpqua Tribe of Indians Recognition Act to require the Secretary of the Interior to accept title to 2,000 acres (and permits the Secretary to accept title to additional acres) of real property located in the Umpqua River watershed upstream from Scottsburg, Oregon, or the northern slope of the Rogue River watershed upstream from Agness, Oregon, if transferred to the United States by or on behalf of the Cow Creek Band of Umpqua Tribe and to place such land in trust for the Tribe. Incorporates such land into the Tribe's reservation. Amends the Jicarilla Apache Tribe Water Rights Settlement Act to extend until December 31, 2000, the date by which two partial final decrees concerning water rights must be entered in order to prevent the termination of the Jicarilla Apache Water Resources Development Trust Fund. Approves a water rights stipulation and settlement agreement between such Tribe and other parties. Amends the San Luis Rey Indian Water Rights Settlement Act to authorize and direct the Secretary of the Interior to disburse a specified amount of funds, from interest earned by the San Luis Rey Tribal Development Fund and prior to completion of the final settlement of the water rights dispute, for economic development of the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians in San Diego County, California. Amends the Native Hawaiian Health Care Improvement Act to revise conditions pertaining to Native Hawaiian health scholarships. Amends the Coast Guard Authorization Act of 1996 to: (1) repeal a provision setting forth certain use restrictions relating to a service facility of the Ketchikan Indian Corporation; and (2) revise a provision authorizing the conveyance of certain property to the Corporation to allow the sale of such property.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Ana River Water Supply Enhancement Act of 2005''. SEC. 2. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 1636. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. ``(a) In General.--The Secretary, in cooperation with the Orange County Water District, shall participate in the planning, design, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for the operation and maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000. ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1634 the following: ``1636. Prado Basin Natural Treatment System Project.''. SEC. 3. REGIONAL BRINE LINES. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1637. REGIONAL BRINE LINES. ``(a) Southern California.--The Secretary, under Federal reclamation laws and in cooperation with units of local government, may assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean as identified in-- ``(1) the Salinity Management Study prepared by the Bureau of Reclamation and the Metropolitan Water District of Southern California; and ``(2) the Southern California Comprehensive Water Reclamation and Reuse Study prepared by the Bureau of Reclamation. ``(b) Agreements and Regulations.--The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. ``(c) Cost Sharing.--The Federal share of the cost of a project to construct regional brine lines described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $40,000,000. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a). ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1635 the following: ``1637. Regional brine lines.''. SEC. 4. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1638. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. ``(a) In General.--The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $50,000,000. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the item relating to section 1636 the following: ``1638. Lower Chino dairy area desalination demonstration and reclamation project.''. SEC. 5. CEILING INCREASE ON FEDERAL SHARE OF WATER RECLAMATION PROJECT. Section 1631(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C.390h-13(d)) is amended-- (1) in paragraph (1) by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) The Federal share of the costs of the project authorized by section 1624 shall not exceed the following: ``(A) $22,000,000 for fiscal year 2007. ``(B) $24,200,000 for fiscal year 2008. ``(C) $26,620,000 for fiscal year 2009. ``(D) $29,282,000 for fiscal year 2010. ``(E) $32,210,200 for fiscal year 2011. ``(F) $35,431,220 for fiscal year 2012. ``(G) $38,974,342 for fiscal year 2013. ``(H) $42,871,776 for fiscal year 2014. ``(I) $47,158,953 for fiscal year 2015. ``(J) $51,874,849 for fiscal year 2016.''. SEC. 6. CENTER FOR TECHNOLOGICAL ADVANCEMENT OF MEMBRANE TECHNOLOGY AND EDUCATION. (a) In General.--The Secretary of the Interior shall establish at the Orange County Water District located in Orange County, California, a center for the expressed purposes of providing-- (1) assistance in the development and advancement of membrane technologies; and (2) educational support in the advancement of public understanding and acceptance of membrane produced water supplies. (b) Management of Center.-- (1) Contracts.--In establishing the center, the Secretary shall enter into contracts with the Orange County Water District for purposes of managing such center. (2) Plan.--Not later than 90 days after the date of enactment of this section, the Secretary, in consultation with the Orange County Water District, shall jointly prepare a plan, updated annually, identifying the goals and objectives of the center. (c) Authorization of Appropriations.--There are authorized to carry out subsections (a) and (b), $2,000,000, for each of fiscal years 2006 through 2011. Such sums shall remain available until expended. (d) Report.--Not later than one year after the date of enactment of this section and annually thereafter, the Secretary, in consultation with the Orange County Water District, shall provide a report to Congress on the status of the center and its accomplishments. (e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section. Passed the House of Representatives October 18, 2005. Attest: JEFF TRANDAHL, Clerk.

Santa Ana River Water Supply Enhancement Act of 2005 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to: (1) participate, in cooperation with the Orange County Water District, in the design, planning, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin; (2) carry out, in cooperation with local governments, a program to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean; and (3) participate, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority, in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. Authorizes appropriations. Specifies limits on the federal share of project costs and prohibits the use of funds provided by the Secretary for operation and maintenance. Specifies limits on the federal share of the costs of phase 1 of the Orange County Regional for FY2007-FY2016. Directs the Secretary to establish at the District a center to provide: (1) assistance in the development and advancement of membrane technologies; and (2) educational support in the advancement of public understanding and acceptance of membrane produced water supplies. Requires the Secretary: (1) to enter into contracts with the District to manage the center; and (2) in consultation with the District, to jointly prepare a plan identifying the center's goals and objectives and to report to Congress within one year on the center's status and accomplishments. Authorizes appropriations. . Terminates provisions of this Act after 10 years.

To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Prado Basin Natural Treatment System Project, to authorize the Secretary to carry out a program to assist agencies in projects to construct regional brine lines in California, to authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bottle Recycling Climate Protection Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) The energy required to manufacture beverage containers from recycled containers is often less than the energy required to create new beverage container materials from raw materials. (2) Recycling beverage containers would reduce municipal solid waste and reduce the energy and heat-trapping emissions generated in the manufacture of new aluminum, plastics, and other beverage container materials. (3) An average of 350,000,000 beverage bottles and cans are sent to landfills, incinerated, or littered every day. (4) In 2006, less than half of the 100,000,000,000 aluminum beverage cans purchased were recycled, resulting in the waste of 800,000 tons of aluminum. Nine of ten plastic water bottles, at least 27,000,000,000 bottles a year, end up as garbage or litter, where they take up to 1,000 years to biodegrade. (5) A national system for requiring a refund value on the sale of all beverage containers would provide a positive incentive to individuals to clean up the environment, and would result in a high level of reuse and recycling of such containers and help reduce the costs and environmental dangers associated with solid waste management and container manufacturing. (6) Many Americans do not have access to recycling programs. States that combine container deposit incentives with convenient redemption locations have beverage container recycling rates ranging from 65 percent to over 90 percent. This is significantly higher than the average recycling rates of 35 percent for aluminum cans, 14 percent for plastic bottles, and 12 percent for glass bottles in States without container deposit systems. (7) Many domestic industries are dependent on recycled steel, aluminum, glass and paper. A container deposit system would yield greater access for recyclers to high grade recycling products, preventing these industries from competitive disadvantages in international recycling. (8) States with bottle bills have container recycling rates ranging from 60 percent to over 90 percent, compared to the national average recycling rate of 34 percent. (9) A national system of beverage container recycling is consistent with the intent of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). SEC. 3. AMENDMENT OF SOLID WASTE DISPOSAL ACT. (a) Amendment.--The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by adding the following new subtitle at the end thereof: ``Subtitle K--Beverage Container Recycling ``SEC. 12001. DEFINITIONS. ``For purposes of this subtitle-- ``(1) The term `beverage' means an alcoholic or non- alcoholic, carbonated or uncarbonated liquid that is intended for human consumption. ``(2) The term `beverage container' means a container constructed of metal, glass, plastic, or some combination of these materials and having a capacity of up to one gallon of liquid and which is or has been sealed and used to contain a beverage for sale in interstate commerce. ``(3) The term `beverage distributor' means a person who sells or offers for sale in interstate commerce to beverage retailers beverages in beverage containers for resale. ``(4) The term `beverage manufacturer' means a person who manufactures and sells or offers for sale in interstate commerce to beverage distributors or beverage retailers beverages in beverage containers for resale. ``(5) The term `beverage retailer' means a person who purchases from a beverage distributor beverages in beverage containers for sale to a consumer or who sells or offers to sell in commerce beverages in beverage containers to a consumer, but does not include a person who sells or offers to sell the beverages for consumption on the premises. ``(6) The term `deposit initiator' means a person who is a beverage manufacturer, beverage importer or beverage distributor, the domestic beverage manufacturer or the first domestic entity selling the beverage to the retailer. ``(7) The term `consumer' means a person who purchases a beverage container for any use other than resale. ``(8) The term `refund value' means the amount specified as the refund value of a beverage container under section 12002. ``(9) The term `recovery for beverage containers' includes both beverage containers and other containers that are made of beverage container materials. ``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING. ``Except as otherwise provided in section 12007, no beverage distributor or beverage retailer may sell or offer for sale in interstate commerce a beverage in a beverage container unless there is clearly, prominently, and securely affixed to, or printed on, the container a statement of the refund value of the container in the amount of 5 cents. The Administrator shall promulgate rules establishing uniform standards for the size and location of the refund value statement on beverage containers. The 5 cent amount specified in this section shall be subject to adjustment by the Administrator as provided in section 12008. ``SEC. 12003. ORIGINATION OF REFUND VALUE. ``For each beverage in a beverage container sold in interstate commerce to a beverage retailer by a deposit initiator, the distributor shall collect from the retailer the amount of the refund value shown on the container. With respect to each beverage in a beverage container sold in interstate commerce to a consumer by a beverage retailer, the retailer shall collect from the consumer the amount of the refund value shown on the container. No person other than the persons described in this section may collect a deposit on a beverage container. ``SEC. 12004. RETURN OF REFUND VALUE. ``(a) Payment by Retailer.-- ``(1) In general.--Except as provided in paragraph (2), if any person tenders for refund an empty and unbroken beverage container to a beverage retailer who sells (or has sold at any time during the period of 3 months ending on the date of such tender) the same brand of beverage in the same kind and size of container, the retailer shall promptly pay such person the amount of the refund value stated on the container. ``(2) Exceptions.--A retailer shall not be required to accept tender of a beverage container from any person under paragraph (1)-- ``(A) if the beverage container contains or is contaminated by a hazardous waste; ``(B) in excess of 600 individual beverage containers per day if the retailer occupies a space less than 5,000 square feet; or ``(C) in excess of 1,800 individual beverage containers per day if the retailer occupies a space greater than 5,000 square feet. ``(b) Payment by Distributor.--If any person tenders for refund an empty and unbroken beverage container to a beverage distributor who sells (or has sold at any time during the period of 3 months ending on the date of such tender) the same brand of beverage in the same kind and size of container, the distributor shall promptly pay such person (1) the amount of the refund value stated on the container, plus (2) an amount equal to at least 3 cents per container to help defray the cost of handling. This subsection shall not preclude any person from tendering beverage containers to persons other than beverage distributors. ``(c) Agreements.--(1) Nothing in this subtitle shall preclude agreements between distributors, retailers, or other persons to establish centralized or co-located beverage collection centers, including centers which act as agents of such retailers. ``(2) Nothing in this subtitle shall preclude agreements between beverage retailers, beverage distributors, or other persons for the crushing or bundling (or both) of beverage containers. ``(d) Broken Containers.--The opening of a beverage container in a manner in which it was designed to be opened and the compression of a beverage container made of metal or plastic shall not, for purposes of this section, constitute the breaking of the container if the statement of the amount of the refund value of the container is still readable. ``(e) Reports.--Deposit initiators shall provide annual reports to the Administrator or designated State agency documenting their rate of redemption. ``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE RECYCLING FUNDS. ``(a) Unclaimed Refunds.--At the end of each fiscal quarter, each deposit initiator shall pay to each State an amount equal to the sum by which the total refund value of all containers sold by the deposit initiator for resale in that State during that year exceeds the total sum paid during that period by the initiator under section 12004(b) to persons in that State. The total of unclaimed refunds received by any State under this section shall be available to carry out programs designed to reduce greenhouse gas emissions within the State, including but not limited to State and local recycling programs. ``(b) Refunds in Excess of Collections.--If the total of payments made by a deposit initiator in any calendar year under section 12004(b) for any State exceed the total refund value of all containers sold by the initiator for resale in that State, the excess shall be credited against the amount otherwise required to be paid by the initiator to that State under subsection (a) for a subsequent fiscal year quarter designated by the deposit initiator. ``SEC. 12006. PROHIBITIONS ON DISPOSAL. ``No retailer or distributor or agent of a retailer or distributer may intentionally dispose of any beverage container labeled under section 12002 or any metal, glass, or plastic from such a beverage container (other than the top or other seal thereof) in any landfill or other solid waste disposal facility. ``SEC. 12007. EXEMPTED STATES. ``(a) In General.--The provisions of sections 12002 through 12005 and sections 12008 and 12009 of this subtitle shall not apply in any State which-- ``(1) has adopted and implemented, before the date of enactment of this subtitle, a law requiring beverage container deposits; ``(2) demonstrates to the Administrator that, for any period of 12 consecutive months following the date of enactment of this subtitle, such State achieved a recycling or reuse rate for beverage containers of at least-- ``(A) 50 percent for the first 3 years after the date of enactment of this subtitle; ``(B) 60 percent for the subsequent 2 year period; and ``(C) 70 percent during any period thereafter; or ``(3) has adopted and implemented a law requiring a recovery rate of 70 percent within one year of enactment of this subtitle. Such law shall require recertification of this recovery rate every 3 years. Paragraph (1) shall only apply with respect to the first 3 years after the date of enactment of this subtitle. If at any time following a determination under paragraph (2) that a State has achieved the applicable percentage recycling or reuse rate the Administrator determines that such State has failed, for any 12-consecutive-month period, to maintain at least the applicable percentage recycling or reuse rate of its beverage containers, the Administrator shall notify such State that, upon the expiration of the 90-day period following such notification, the provisions under sections 12002 through 12005 and sections 12008 and 12009 shall be applicable to that State until a subsequent determination is made under subparagraph (A) or a demonstration is made under subparagraph (B). ``(b) Determination of Tax.--No State or political subdivision which imposes any tax on the sale of any beverage container may impose a tax on any amount attributable to the refund value of such container. ``(c) Effect on Other Laws.--Nothing in this subtitle shall be construed to affect the authority of any State or political subdivision thereof to enact or enforce (or continue in effect) any law respecting a refund value on containers other than beverage containers or from regulating redemption and other centers which purchase empty beverage containers from beverage retailers, consumers, or other persons. ``SEC. 12008. REGULATIONS. ``Not later than 12 months after the date of enactment of this subtitle, the Administrator shall prescribe regulations to carry out this subtitle. The regulations shall include a definition of the term `beverage retailer' in a case in which beverages in beverage containers are sold to consumers through beverage vending machines. Such regulations shall also adjust the 5 cent amount specified in section 12002 and the 2 cent amount specified in section 12004 to account for inflation. Such adjustment shall be effective 10 years after the date of enactment of this subtitle and additional adjustments shall take effect at 10 year intervals thereafter. The regulations shall also permit the Administrator to increase such amounts by an additional amount after the expiration of 5 years after the date of enactment of this subtitle. ``SEC. 12009. PENALTIES. ``Any person who violates any provision of section 12002, 12003, 12004, or 12006 shall be subject to a civil penalty of not more than $1,000 for each violation. Any person who violates any provision of section 12005 shall be subject to a civil penalty of not more than $10,000 for each violation. ``SEC. 12010. EFFECTIVE DATE. ``Except as provided in section 12007 abd 12008, this subtitle shall take effect 2 years after the date of its enactment.''. (b) Table of Contents.--The table of contents for such Act is amended by adding the following at the end thereof: ``Subtitle K--Beverage Container Recycling ``Sec. 12001. Definitions. ``Sec. 12002. Required beverage container labeling. ``Sec. 12003. Origination of refund value. ``Sec. 12004. Return of refund value. ``Sec. 12005. Accounting for unclaimed refunds and provisions for State recycling funds. ``Sec. 12006. Prohibitions on disposal. ``Sec. 12007. Exempted States. ``Sec. 12008. Regulations. ``Sec. 12009. Penalties. ``Sec. 12010. Effective date.''.

Bottle Recycling Climate Protection Act of 2009 - Amends the Solid Waste Disposal Act to prohibit retailers and distributors from selling beverages in containers that do not display a statement of a refund value of five cents. Defines "beverage" as an alcoholic or non-alcoholic, carbonated or uncarbonated liquid that is intended for human consumption. Requires: (1) distributors to collect the refund value for each beverage sold to retailers by a deposit initiator; and (2) retailers to collect the refund value for each beverage sold to consumers. Requires: (1) retailers to pay the refund on returned unbroken containers of brands sold for up to a specified number of containers per day based on the square footage of the retailer's space (excluding any container contaminated by a hazardous waste); and (2) distributors to pay the refund on returned containers of brands sold, plus at least three cents per container for handling costs. Directs each deposit initiator to pay to a state, quarterly, unclaimed refund amounts, which shall be available to the state for programs designed to reduce greenhouse gas emissions. Prohibits distributors and retailers from intentionally disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities. Exempts states that have implemented laws requiring beverage container deposits or that have demonstrated achievement of specified recycling, reuse, or recovery rates for beverage containers. Prohibits states or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Provides for the adjustment for inflation of the refund amounts at ten-year intervals. Prescribes civil penalties for violations of this Act.

To amend the Solid Waste Disposal Act to require a refund value for certain beverage containers, and to provide resources for State pollution prevention and recycling programs, and for other purposes.

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

Veterans Dog Training Therapy Act This bill directs the Department of Veterans Affairs (VA) to carry out a five-year pilot program to assess the effectiveness of addressing veterans' post-deployment mental health and post-traumatic stress disorder symptoms through the therapeutic medium of training service dogs for veterans with disabilities. The VA shall: seek to enter into contracts with non-government entities that are certified in the training and handling of service dogs and that are located in close proximity to at least three but not more than five VA medical centers, provide such entities access to a training area in a VA facility that would be appropriate for use in educating veterans with mental health conditions in service dog training and handling, administer the program through the Center for Compassionate Innovation of the Veterans Health Administration in collaboration with the Recreation Therapy Service under the direction of a certified recreational therapist, and establish a director of therapeutic service dog training. Veterans may participate in the program in conjunction with the VA's compensated work therapy program.

Veterans Dog Training Therapy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Refugee Resettlement Reform and Modernization Act of 2013''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The United States has enhanced and accelerated its efforts to resettle Iraqi refugees since 2007. (2) Resettlement in the United States remains an important option for refugees around the world that lack any other durable solution. (3) Many of these refugees are victims of torture and persecution, or were forced to flee because of support they gave to American military, government, or media operations. (4) Refugees are often a product of human rights atrocities and war, making them likely to have suffered traumatic events which require the United States to offer them protection and meet their needs once they arrive here. (5) In fiscal year 2012, a total of 58,238 refugees were resettled in the United States, including 12,163 from Iraq. (6) Upon arrival in the United States, refugees are entitled to cash and medical assistance for up to 36 months and access to social services, such as job placement, from the Office of Refugee Resettlement, but refugees actually receive only 8 months of cash and medical assistance. (7) When given adequate support through the resettlement system, refugees can successfully become self-sufficient and contribute positively to their communities. (8) Additional resources and better data could strengthen refugee services and better respond to the need of highly vulnerable refugees. (9) Funding formulas used by the Office of Refugee Resettlement are retroactive in nature, using refugee admission data from up to 3 prior years, so that large increases in refugee admissions are not adequately reflected in the amount of resources provided by the Office. (10) United States resettlement policy assumes refugees will be able to quickly become self-sufficient, while specifically offering resettlement to individuals who have specific vulnerabilities that inhibit their ability to achieve self-sufficiency and integrate into society. (11) Some refugees will have mental health difficulties associated with trauma or torture and this is a significant barrier to self-sufficiency and integration into a community when it is not addressed with adequate and appropriate services. (12) Secondary migration is not properly tracked, and resources are not available for States and agencies experiencing high levels of secondary migration. (13) Refugee services are provided by national resettlement agencies, community based organizations, charities, and nonprofit organizations and coordinated locally by State refugee programs, and all the organizations should be supported in their mission to provide refugee services. SEC. 3. DEFINITIONS. In this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. (2) Community based organization.--The term ``community based organization'' means a nonprofit organization providing a variety of social, health, educational and community services to a population that includes refugees resettled into the United States. (3) National resettlement agency.--The term ``national resettlement agency'' means voluntary agencies contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States. SEC. 4. ASSESSMENT OF THE REFUGEE DOMESTIC RESETTLEMENT PROGRAM. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement. (b) Matters To Be Studied.--In the study required under subsection (a), the Comptroller General shall determine and analyze-- (1) how the Office of Refugee Resettlement defines self- sufficiency and if this definition is adequate in addressing refugee needs in the United States; (2) the effectiveness of Office of Refugee Resettlement programs in helping refugees to meet self-sufficiency and integration; (3) the Office of Refugee Resettlement's budgetary resources and project the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency and integration; (4) the role of community based organizations in serving refugees in areas experiencing a high number of new refugee arrivals; (5) how community based organizations can be better utilized and supported in the Federal domestic resettlement process; and (6) recommended statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under paragraphs (1) through (5). (c) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit the results of the study required under subsection (a) to Congress. SEC. 5. ELEVATION OF THE OFFICE OF REFUGEE RESETTLEMENT. (a) In General.--Section 411(a) of the Immigration and Nationality Act (8 U.S.C. 1521(a)) is amended to read as follows: ``(a) There is established, within the Department of Health and Human Services, the Office of Refugee Resettlement (referred to in this chapter as the `Office'). The head of the Office shall be the Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement (referred to in this chapter as the `Assistant Secretary'), who shall be appointed by the President and shall report directly to the Secretary.''. (b) Conforming Amendments.-- (1) Immigration and nationality act.--Chapter 2 of title IV of the Immigration and Nationality Act (8 U.S.C. 1521 et seq.) is amended-- (A) in section 411(b), by striking ``Director'' and inserting ``Assistant Secretary''; (B) in section 412, by striking ``Director'' each place such term appears and inserting ``Assistant Secretary''; and (C) in section 413, by striking ``Director'' each place such term appears and inserting ``Assistant Secretary''. (2) Homeland security act of 2002.--Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) is amended by striking ``Director of the Office of Refugee Resettlement'' each place such term appears and inserting ``Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement''. (c) References.--Any reference to the Director of the Office of Refugee Resettlement in any other Federal law, Executive order, rule, regulation, operating instruction, or delegation of authority, or any document of or pertaining to the Department of Health and Human Services or the Office of Refugee Resettlement that refers to the Director of the Office of Refugee Resettlement, shall be deemed to refer to the Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. SEC. 6. REFUGEE ASSISTANCE. (a) Assistance Made Available to Secondary Migrants.--Section 412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1)) is amended by adding at the end the following: ``(C) When providing assistance under this section, the Assistant Secretary shall ensure that such assistance is provided to refugees who are secondary migrants and meet all other eligibility requirements for such services.''. (b) Report on Secondary Migration.--Section 412(a)(3) of such Act (8 U.S.C. 1522(a)(3)) is amended-- (1) by striking ``periodic'' and inserting ``annual''; and (2) by adding at the end the following: ``At the end of each fiscal year, the Assistant Secretary shall submit a report to Congress that includes States experiencing departures and arrivals due to secondary migration, likely reasons for migration, the impact of secondary migration on States hosting secondary migrants, availability of social services for secondary migrants in those States, and unmet needs of those secondary migrants.''. (c) Amendments to the Social Services Funding.--Section 412(c)(1)(B) of such Act (8 U.S.C. 1522(c)(1)(B)) is amended-- (1) by inserting ``a combination of'' after ``based on''; and (2) by striking the period at the end and inserting the following: ``, the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year, and projections on the number and nature of incoming refugees and other populations served by the Office during the subsequent fiscal year.''. (d) Notice and Rulemaking.--Not later than 90 days after the date of the enactment of this Act and not later than 30 days before the effective date set forth in subsection (e), the Assistant Secretary shall issue a proposed rule for a new formula by which grants and contracts are to be allocated pursuant to the amendments made by subsection (c) and solicit public comment. (e) Effective Date.--The amendments made by this section shall become effective on the first day of the first fiscal year that begins after the date of the enactment of this Act. SEC. 7. RESETTLEMENT DATA. (a) In General.--The Assistant Secretary shall expand the Office of Refugee Resettlement's data analysis, collection, and sharing activities in accordance with the requirements under subsections (b) through (e). (b) Data on Mental and Physical Medical Cases.--The Assistant Secretary shall coordinate with the Centers for Disease Control, national resettlement agencies, community based organizations, and State refugee health programs to track national and State trends on refugees arriving with Class A medical conditions and other urgent medical needs. The Assistant Secretary shall utilize initial refugee health screening data, including history of severe trauma, torture, mental health symptoms, depression, anxiety and posttraumatic stress disorder, recorded during domestic and international health screenings, and Refugee Medical Assistance utilization rate data in collecting information under this subsection. (c) Data on Housing Needs.--The Assistant Secretary shall partner with State refugee programs, community based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees, including-- (1) the number of refugees who have become homeless; and (2) the number of refugees who are at severe risk of becoming homeless. (d) Data on Refugee Employment and Self-Sufficiency.--The Assistant Secretary shall gather longitudinal information relating to refugee self-sufficiency, integration, and employment status during the 2-year period beginning 1 year after the refugees' arrival in the United States. (e) Availability of Data.--The Assistant Secretary shall-- (1) annually update the data collected under this section; and (2) submit an annual report to Congress that contains the updated data. SEC. 8. GUIDANCE REGARDING REFUGEE PLACEMENT DECISIONS. (a) Consultation.--The Secretary of State shall provide guidance to national resettlement agencies and State Refugee Coordinators on consultation with local stakeholders pertaining to refugee resettlement. (b) Best Practices.--The Secretary of Health and Human Services, in collaboration with the Secretary of State, shall collect from voluntary agencies and State refugee coordinators and disseminate best practices related to the implementation of the guidance on stakeholder consultation on refugee resettlement. SEC. 9. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act.

Domestic Refugee Resettlement Reform and Modernization Act of 2013 - Directs the Comptroller General (GAO) to conduct a study regarding the effectiveness of the Office of Refugee Resettlement's domestic refugee resettlement programs. Amends the Immigration and Nationality Act to establish as head of the Office an Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. (Currently, the head of such Office is a Director.) Directs the Assistant Secretary to: (1) report to Congress regarding states experiencing departures and arrivals due to secondary migration; and (2) expand the Office's data analysis, collection, and sharing activities to include data on mental and physical medical cases, housing needs, and refugee employment. Directs the Secretary of State and the Secretary of Health and Human Services (HHS) to provide refugee resettlement guidance to appropriate national, state, and local entities.

Domestic Refugee Resettlement Reform and Modernization Act of 2013

SECTION 1. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Independent Commission on the 2004 Coup d'Etat in the Republic of Haiti (in this Act referred to as the ``Commission''). SEC. 2. DUTIES. (a) Duties.--The Commission shall examine and evaluate the role of the United States Government in the February 2004 coup d'etat in the Republic of Haiti. In carrying out the preceding sentence, the Commission shall examine and evaluate the following: (1) The extent to which the United States Government impeded the democratic process in Haiti, including the extent to which actions and policies of the United States Government contributed to the overthrow of the democratically-elected Government of Haiti. (2) The circumstances under which Haitian President Jean- Bertrand Aristide resigned his office and went into exile in the Central African Republic, including the role of the United States Government in such resignation and exile. (3) In the events leading up to the coup d'etat, the extent to which the United States Government fulfilled its obligations under article 17 of the Organization of American States (OAS) Inter-American Democratic Charter requiring that each OAS member country come to the aid of another OAS government under attack. (4) The extent to which the United States Government impeded efforts by the international community, particularly efforts by Caribbean Community (CARICOM) countries, to prevent the overthrow of the democratically-elected Government of Haiti. (5) The role of the United States Government in influencing decisions regarding Haiti at the United Nations Security Council and in discussions between Haiti and other countries that were willing to assist in the preservation of the democratically-elected Government of Haiti by sending security forces to Haiti. (6) The extent to which United States assistance was provided or United States personnel were used to support, directly or indirectly, the forces opposed to the government of President Aristide, including the extent to which United States bilateral assistance was channeled through nongovernmental organizations that were directly or indirectly associated with political groups actively involved in fomenting hostilities or violence toward the government of President Aristide. (7) The involvement of the Central Intelligence Agency, directly or indirectly, in operations that contributed to the overthrow of the democratically-elected Government of Haiti. (8) The impact of the International Republican Institute, the National Democratic Institute for International Affairs, and other organizations funded by the United States Agency for International Development on the political process in Haiti. (9) The political and economic impact on Haiti of the decision by the United States Government to discontinue all United States bilateral assistance to Haiti and United States efforts to block loans and support for Haiti from international financial institutions. (10) The broader implications for Haiti and the Caribbean region of the events culminating in the coup d'etat. (b) Scope of Duties.--In carrying out the duties described in subsection (a), the Commission may examine the actions and representations of the current Administration as well as prior Administrations. SEC. 3. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 3 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 3 members shall be appointed by the minority leader of the House of Representatives. (b) Qualification Requirement; Deadline for Appointment; Meetings.-- (1) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (2) Deadline for appointment.--All members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. (3) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. (c) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be elected by the members of the Commission. (d) Quorum; Vacancies.--6 members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 4. POWERS OF COMMISSION. (a) Hearings and Sessions.-- (1) In general.--The Commission shall, for the purpose of carrying out this Act, hold public hearings and meetings to the extent appropriate, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Additional requirements.-- (A) Public hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. (B) Public versions of reports.--The Commission shall release public versions of the reports required under section 8. (b) Subpoena Power.-- (1) In general.--The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter under investigation by the Commission. (2) Failure to obey an order or subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (c) Contract Authority.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties of this Act. (d) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall provide that information to the Commission. (e) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's duties. (2) Other departments and agencies.--In addition to the assistance described in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (f) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (g) Postal Services.--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. SEC. 5. STAFF OF COMMISSION. (a) Appointment and Compensation.--The Chairperson of the Commission, in consultation with the Vice Chairperson of the Commission, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such Act relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 6. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) 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 per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. (a) In General.--Subject to subsection (b), the appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. (b) Exception.--No person shall be provided with access to classified information under this Act without the appropriate required security clearance access. SEC. 8. REPORTS OF COMMISSION; TERMINATION. (a) Interim Reports.--The Commission may submit to Congress and the President interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to Congress and the President a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Form of Report.--Each report prepared under this section shall be submitted in unclassified form, but may contain a classified annex. SEC. 9. TERMINATION. (a) In General.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 8(b). (b) Administrative Activities Before Termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2005. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until the date on which the Commission terminates pursuant to section 9(a).

Establishes in the legislative branch the Independent Commission on the 2004 Coup d'Etat in the Republic of Haiti. Directs the Commission to examine the United States' role in the February 2004 coup d'etat in the Republic of Haiti, including: (1) the extent to which the United States impeded the democratic process in Haiti, including the extent to which U.S. actions and policies contributed to the overthrow of the democratically-elected Government of Haiti; (2) the circumstances of Haitian President Jean-Bertrand Aristide's resignation and exile; (3) the extent to which the United States fulfilled its obligations under the Organization of American States (OAS) Inter-American Democratic Charter requiring that each OAS member country come to the aid of another OAS government under attack; (4) the extent to which the United States impeded international efforts, particularly efforts by Caribbean Community (CARICOM) countries, to prevent the overthrow of the Government of Haiti; (5) the United States' role in influencing United Nations Security Council decisions regarding Haiti and in discussions between Haiti and other countries that were willing to send security forces to assist the Government of Haiti; (6) the extent to which U.S. assistance or personnel, including the Central Intelligence Agency, was used to support the opposition forces; (7) the impact of the International Republican Institute, the National Democratic Institute for International Affairs, and other organizations funded by the United States Agency for International Development on the political process in Haiti; (8) the impact on Haiti of the U.S. decision to discontinue bilateral assistance and U.S. efforts to block international financial assistance; and (9) the broader implications for Haiti and the Caribbean region of the events culminating in the coup d'etat. Terminates the Commission 60 days after submission of its final report.

To establish the Independent Commission on the 2004 Coup d'Etat in the Republic of Haiti.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2005''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) the term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3(2)(A); and (3) the term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3(2)(B). SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth.................................. Arizona, California, Nevada.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth................................ Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, Washington.''. SEC. 4. JUDGESHIPS. (a) New Judgeships.-- (1) For former ninth circuit.--The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit, whose official duty stations shall be in Arizona, California, or Nevada. (2) For new ninth circuit.--The President shall appoint, by and with the advice and consent of the Senate, 3 additional circuit judges for the new ninth circuit. The judges authorized by this paragraph shall not be appointed before January 21, 2006. (b) Temporary Judgeships.-- (1) Appointment of judges.--The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit, whose official duty stations shall be in Arizona, California, or Nevada. (2) Effect of vacancies.--The first 2 vacancies occurring on the new ninth circuit 10 years or more after judges are first confirmed to fill both temporary circuit judgeships created by this subsection shall not be filled. (c) Effective Date.--This section shall take effect on the date of the enactment of this Act. SEC. 5. NUMBER OF CIRCUIT JUDGES. The table contained in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth.................................. 24''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth................................ 9''. SEC. 6. PLACES OF CIRCUIT COURT. The table contained in section 48(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth.................................. San Francisco, Pasadena, Phoenix.''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth................................ Portland, Seattle.''. SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES. Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act-- (1) is in Arizona, California, or Nevada shall be a circuit judge of the new ninth circuit as of such effective date; and (2) is in Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, or Washington shall be a circuit judge of the twelfth circuit as of such effective date. SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit on the day before the effective date of this Act may elect to be assigned to the new ninth circuit or to the twelfth circuit as of such effective date, and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 9. SENIORITY OF JUDGES. The seniority of each judge-- (1) who is assigned under section 7, or (2) who elects to be assigned under section 8, shall run from the date of commission of such judge as a judge of the former ninth circuit. SEC. 10. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) If the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after such effective date as provided in paragraph (1), shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES BETWEEN CIRCUITS. Section 291 of title 28, United States Code, is amended by adding at the end the following new subsections: ``(c) The chief judge of the Ninth Circuit may, in the public interest and upon request by the chief judge of the Twelfth Circuit, designate and assign temporarily any circuit judge of the Ninth Circuit to act as circuit judge in the Twelfth Circuit. ``(d) The chief judge of the Twelfth Circuit may, in the public interest and upon request by the chief judge of the Ninth Circuit, designate and assign temporarily any circuit judge of the Twelfth Circuit to act as circuit judge in the Ninth Circuit.''. SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES BETWEEN CIRCUITS. Section 292 of title 28, United States Code, is amended by adding at the end the following new subsections: ``(f) The chief judge of the Ninth Circuit may in the public interest-- ``(1) upon request by the chief judge of the Twelfth Circuit, designate and assign one or more district judges within the Ninth Circuit to sit upon the Court of Appeals of the Twelfth Circuit or a division thereof whenever the business of that court so requires; and ``(2) designate and assign temporarily any district judge of the Ninth Circuit to hold a district court in any district within the Twelfth Circuit. ``(g) The chief judge of the Twelfth Circuit may in the public interest-- ``(1) upon request by the chief judge of the Ninth Circuit, designate and assign one or more district judges within the Twelfth Circuit to sit upon the Court of Appeals of the Ninth Circuit or a division thereof whenever the business of that court so requires; and ``(2) designate and assign temporarily any district judge of the Twelfth Circuit to hold a district court in any district within the Ninth Circuit. ``(h) Any designations or assignments under subsection (f)(1) or (g)(1) shall be in conformity with the rules or orders of the court of appeals of the circuit to which the judge is designated or assigned.''. SEC. 13. ADMINISTRATIVE COORDINATION. Section 332 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(i) Any 2 contiguous circuits may jointly carry out such administrative functions and activities as the judicial councils of the 2 circuits determine may benefit from coordination or consolidation.''. SEC. 14. ADMINISTRATION. The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. Such court shall cease to exist for administrative purposes 2 years after the effective date of this Act. SEC. 15. EFFECTIVE DATE. Except as provided in section 4(c), this Act and the amendments made by this Act shall take effect on the first day of the first fiscal year that begins at least 9 months after 5 of the judges authorized to be appointed under section 4 have been confirmed by the United States Senate. SEC. 16. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, including funds for additional court facilities.

Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2005 - Divides the U.S. Court of Appeals for the Ninth Circuit into: (1) the Ninth Circuit, composed of Arizona, California, and Nevada; and (2) the Twelfth Circuit, composed of Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, and Washington. Directs the President to appoint two additional judges for the former Ninth Circuit, three additional judges for the new Ninth Circuit, and two temporary judges for the former Ninth Circuit. Specifies the locations where new circuits are to hold regular sessions. Assigns active circuit judges of the former Ninth Circuit to the new circuits. Allows senior circuit judges of the former Ninth Circuit to elect assignment. Specifies the disposition of cases pending in the former Ninth Circuit before the effective date of this Act as follows: (1) proceedings in matters that have been submitted for decision shall continue without regard to this Act; (2) matters not yet submitted for decision must be transferred to the court to which they would have been submitted under this Act; and (3) proceedings on petitions for rehearing or rehearing en banc in matters submitted or decided shall continue without regard to this Act. Authorizes the temporary assignment of circuit and district judges of the former Ninth Circuit among the new circuits. Authorizes administrative coordination among any two contiguous new circuits. Directs that the former Ninth Circuit shall cease to exist for administrative purposes two years after enactment of this Act.

To amend title 28, United States Code, to provide for the appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States into two circuits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Records Act Amendments of 2007''. SEC. 2. PROCEDURES FOR CONSIDERATION OF CLAIMS OF CONSTITUTIONALLY BASED PRIVILEGE AGAINST DISCLOSURE. (a) In General.--Chapter 22 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 2208. Claims of constitutionally based privilege against disclosure ``(a)(1) When the Archivist determines under this chapter to make available to the public any Presidential record that has not previously been made available to the public, the Archivist shall-- ``(A) promptly provide notice of such determination to-- ``(i) the former President during whose term of office the record was created; and ``(ii) the incumbent President; and ``(B) make the notice available to the public. ``(2) The notice under paragraph (1)-- ``(A) shall be in writing; and ``(B) shall include such information as may be prescribed in regulations issued by the Archivist. ``(3)(A) Upon the expiration of the 20-day period (excepting Saturdays, Sundays, and legal public holidays) beginning on the date the Archivist provides notice under paragraph (1)(A), the Archivist shall make available to the public the record covered by the notice, except any record (or reasonably segregable part of a record) with respect to which the Archivist receives from a former President or the incumbent President notification of a claim of constitutionally based privilege against disclosure under subsection (b). ``(B) A former President or the incumbent President may extend the period under subparagraph (A) once for not more than 20 additional days (excepting Saturdays, Sundays, and legal public holidays) by filing with the Archivist a statement that such an extension is necessary to allow an adequate review of the record. ``(C) Notwithstanding subparagraphs (A) and (B), if the period under subparagraph (A), or any extension of that period under subparagraph (B), would otherwise expire after January 19 and before July 20 of the year in which the incumbent President first takes office, then such period or extension, respectively, shall expire on July 20 of that year. ``(b)(1) For purposes of this section, any claim of constitutionally based privilege against disclosure must be asserted personally by a former President or the incumbent President, as applicable. ``(2) A former President or the incumbent President shall notify the Archivist, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate of a privilege claim under paragraph (1) on the same day that the claim is asserted under paragraph (1). ``(c)(1) The Archivist shall not make publicly available a Presidential record that is subject to a privilege claim asserted by a former President until the expiration of the 20-day period (excluding Saturdays, Sundays, and legal public holidays) beginning on the date the Archivist is notified of the claim. ``(2) Upon the expiration of such period the Archivist shall make the record publicly available unless otherwise directed by a court order in an action initiated by the former President under section 2204(e). ``(d)(1) The Archivist shall not make publicly available a Presidential record that is subject to a privilege claim asserted by the incumbent President unless-- ``(A) the incumbent President withdraws the privilege claim; or ``(B) the Archivist is otherwise directed by a final court order that is not subject to appeal. ``(2) This subsection shall not apply with respect to any Presidential record required to be made available under section 2205(2)(A) or (C). ``(e) The Archivist shall adjust any otherwise applicable time period under this section as necessary to comply with the return date of any congressional subpoena, judicial subpoena, or judicial process.''. (b) Restrictions.--Section 2204 of title 44, United States Code (relating to restrictions on access to presidential records) is amended by adding at the end the following new subsection: ``(f) The Archivist shall not make available any original presidential records to any individual claiming access to any presidential record as a designated representative under section 2205(3) if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.''. (c) Conforming Amendments.--(1) Section 2204(d) of title 44, United States Code, is amended by inserting ``, except section 2208,'' after ``chapter''. (2) Section 2207 of title 44, United States Code, is amended in the second sentence by inserting ``, except section 2208,'' after ``chapter''. (d) Clerical Amendment.--The table of sections at the beginning of chapter 22 of title 44, United States Code, is amended by adding at the end the following: ``2208. Claims of constitutionally based privilege against disclosure.''. SEC. 3. EXECUTIVE ORDER OF NOVEMBER 1, 2001. Executive Order No. 13233, dated November 1, 2001 (66 Fed. Reg. 56025), shall have no force or effect. Passed the House of Representatives March 14, 2007. Attest: LORRAINE C. MILLER, Clerk.

Presidential Records Act Amendments of 2007 - (Sec. 2) Amends the Presidential Records Act to require the Archivist of the United States, when making available any presidential record not previously made available publicly, to: (1) promptly provide written notice of such determination to the former President during whose term of office the record was created and the incumbent President; and (2) make the notice available to the public. Requires such a record to be made available upon the expiration of the 20-day period (excepting Saturdays, Sundays, and legal public holidays) beginning on the date the Archivist provides notice, except any record with respect to which the Archivist receives notification of a claim of constitutionally based privilege against disclosure from a former or incumbent President. Authorizes a former or an incumbent President to extend the period for not more than 20 additional days by filing with the Archivist a statement that such an extension is necessary to allow an adequate review of the record. Provides that if the period, or any extension of that period, would otherwise expire after January 19 and before July 20 of the year in which the incumbent President first takes office, then such period or extension shall expire on July 20 of that year. Requires: (1) any claim of constitutionally based privilege against disclosure to be asserted personally by a former or incumbent President; and (2) a former or incumbent President to notify the Archivist and specified Congressional committees of a privilege claim on the same day that the claim is asserted. Prohibits the Archivist from making publicly available a presidential record that is subject to a privilege claim asserted by a former President until the expiration of the 20-day period beginning on the date the Archivist is notified of the claim. Requires the Archivist, upon the expiration of such period, to make the record publicly available unless otherwise directed by a court order in an action initiated by the former President. Prohibits the Archivist from making publicly available a presidential record that is subject to a privilege claim asserted by the incumbent President unless: (1) the incumbent President withdraws the privilege claim; or (2) the Archivist is otherwise directed by a final court order that is not subject to appeal. Makes this provision inapplicable with respect to any presidential record required to be made available: (1) pursuant to a subpoena or other judicial process issued by a court for purposes of a civil or criminal investigation; or (2) to either House of Congress because such records contain information needed for the conduct of business that is otherwise not available. Directs the Archivist to adjust any otherwise applicable time period as necessary to comply with the return date of any congressional subpoena, judicial subpoena, or judicial process. Prohibits the Archivist from making available any original presidential records to anyone claiming access to them as a designated representative of a President or former President if that individual has been convicted of a crime relating to the review, removal, or destruction of the Archives' records. (Sec. 3) Provides that Executive Order number 13233, dated November 1, 2001 (establishing a process for review of presidential records and assertion of privilege claims) shall have no force or effect.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia National Disaster Insurance Protection Act''. SEC. 2. DISTRICT OF COLUMBIA NATURAL DISASTER PROTECTION FUNDS. (a) Contributions to Natural Disaster Protection Funds.--Subsection (c) of section 832 of the Internal Revenue Code of 1986 (relating to the taxable income of insurance companies other than life insurance companies) is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``; and'', and by adding at the end the following new paragraph: ``(14) the qualified contributions during the taxable year to a natural disaster protection fund.'' (b) Natural Disaster Protection Fund Gross Income.--Subsection (b) of section 832 of such Code is amended by adding at the end the following new paragraph: ``(9) Special rule for assets held in natural disaster protection fund.--For purposes of determining gross income under this subsection, any items of income, gain, loss, or deduction derived from or attributable to any assets held in a natural disaster protection fund shall not be taken into account.'' (c) Distributions From Natural Disaster Protection Funds.-- Paragraph (1) of section 832(b) of such Code is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) the aggregate amount of all distributions during the taxable year from a natural disaster protection fund, except that a distribution made to return to the qualified insurance company any contribution that is not a qualified contribution for a taxable year shall not be included in gross income if such distribution is made prior to the filing by the qualified insurance company of its tax return for such taxable year.'' (d) Definitions and Other Rules Relating to Natural Disaster Protection Funds.--Section 832 of such Code is amended by adding at the end the following new subsection: ``(h) Definitions and Other Rules Relating to Natural Disaster Protection Funds.--For purposes of this section-- ``(1) Natural disaster protection fund.--The term `natural disaster protection fund' (hereafter in this subsection referred to as the `fund') means any money, securities, or other property held by a qualified insurance company that is identified and maintained in a segregated account-- ``(A) which is designated as a `natural disaster protection fund' and held in a bank or bank branch located in the District of Columbia that is licensed and regulated by the Comptroller of the Currency or the District of Columbia Commissioner of Insurance, Securities, and Banking, ``(B) under the terms of which-- ``(i) the assets in the fund are required to be invested in a manner consistent with the investment requirements applicable to all insurance companies under the laws of the District of Columbia, ``(ii) an excess balance drawdown amount is required to be distributed to the qualified insurance company no later than the close of the taxable year following the taxable year with respect to which such amount is determined, and ``(iii) no portion of the assets of the fund may be paid or distributed from the fund except for a qualified distribution. ``(2) Qualified insurance company.--The term `qualified insurance company' means an insurer or reinsurer that-- ``(A) is incorporated and domiciled in the District of Columbia, ``(B) is subject to supervision by the District of Columbia Commissioner of Insurance, Securities, and Banking, ``(C) maintains an office in the District of Columbia that employs no fewer than 10 full-time equivalent employees, of whom no fewer than 5 are residents of the District of Columbia, ``(D) is subject to taxes imposed by the District of Columbia on premiums collected for natural catastrophic risk coverage at the rates established in section 2608 of title 47, D.C. Official Code, or any successor law without regard to the location of the insured risk, and ``(E) is not subject to premium taxes imposed by any State or other taxing jurisdiction for natural catastrophic risk coverage written through the fund. ``(3) Qualified contribution.--The term `qualified contribution' means a contribution to a fund established by a qualified insurance company of not more than the total of net premiums or other payments received during a taxable year for coverage of qualified losses, but only to the extent such contribution, when added to all previous contributions to the fund (including net investment earnings of the fund) and after subtracting all qualified distributions from the fund, does not exceed the amount reasonably at risk for the payment of qualified losses insured through the fund, less reinsurance on those risks, as determined actuarially on a multi-year basis. ``(4) Qualified distribution.--The term `qualified distribution' means any amount paid or distributed for-- ``(A) any payment of a qualified loss pursuant to an insurance policy or policy of reinsurance issued by the qualified insurance company, ``(B) any payment made to reinsure or otherwise spread the risk of catastrophe risk written by the qualified insurance company, ``(C) any excess balance drawdown amount, ``(D) any administrative expenses directly related to the maintenance and investment of the fund, and ``(E) any claims investigation and adjustments relating to a qualified loss. ``(5) Qualified loss.--The term `qualified loss' means an insured loss on a United States risk that satisfies subparagraphs (A) and (B). ``(A) Event.--An insured loss satisfies this subparagraph if the loss is attributable to one or more of the following events: ``(i) Wind (including hurricanes and tornados). ``(ii) Earthquake (including any fire following). ``(iii) Flood. ``(iv) Tsunami or tidal wave. ``(v) Volcanic eruption. ``(vi) Fire. ``(vii) Hail. ``(viii) Snow, ice, freezing, or other winter catastrophes. ``(ix) Pandemic or other public health catastrophe. ``(B) Catastrophe designation or minimum aggregate insured loss.--An insured loss, with respect to an event described in subparagraph (A), satisfies this subparagraph if at least one of the following occurs: ``(i) Total insured losses from the event, or from more than one event happening simultaneously or immediately following, exceeds $1,000,000,000 on an industry-wide basis. ``(ii) The President of the United States declares a disaster or state of emergency because of the event. ``(iii) The Governor or chief executive of a State, possession or territory of the United States, or of the District of Columbia, declares a disaster or state of emergency because of such event. ``(iv) The Property Claims Services unit of Insurance Services Office, Inc., declares a catastrophic industry-wide loss because of one or more events. ``(6) Excess balance drawdown amount.--The term `excess balance drawdown amount' means the excess (if any) of-- ``(A) the amount of the fund balance as of the end of the taxable year, over ``(B) the total amount of exposure of the fund to qualified losses at the end of the taxable year under policies written by the qualified insurance company, as determined actuarially on a multi-year basis. ``(7) United states risk.--The term `United States risk' means any hazard, risk, loss, or liability attributable to property situated, or an activity conducted, in the United States, or its territories or possessions. ``(8) Exclusion of premiums and losses on certain puerto rican risks.--Notwithstanding any other provision of this subsection, premiums and losses with respect to risks covered by a catastrophe reserve established under the laws or regulations of the Commonwealth of Puerto Rico shall not be taken into account under this subsection in determining the amount of the qualified contributions allowed or the amount of qualified losses. ``(9) Contributions in kind.--A transfer of property other than money to a fund shall be treated as a sale or exchange of such property for an amount equal to its fair market value as of the date of transfer, and appropriate adjustment shall be made to the basis of such property. Section 267 shall apply to any loss realized upon such a transfer. ``(10) Distributions in kind.--A distribution of property other than money from a fund to a qualified insurance company shall be treated as a sale or exchange of such property, and any gain or loss realized on such sale or exchange shall be excluded from the gross income of the qualified insurance company. ``(11) Regulations.--The Secretary shall prescribe regulations as may be necessary or appropriate to carry out the purposes of this subsection.'' (e) Additional Tax on Certain Distributions From a Natural Disaster Protection Fund.--Subsection (d) of section 831 of such Code (relating to the tax on insurance companies other than life insurance companies) is amended by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following new subsection: ``(d) Tax on Nonqualified Distributions.-- ``(1) In general.--In the case of a qualified insurance company, the tax imposed by this section for the current year shall be increased by an amount equal to 20 percent of the aggregate amount of nonqualified distributions made by such company during such year from a natural disaster protection fund. ``(2) Definitions.-- ``(A) Nonqualified distributions.--The term `nonqualified distributions' means any distribution from a natural disaster protection fund other than a qualified distribution (as defined in section 832(h)(4)). ``(B) Other definitions.--The terms `qualified insurance company' and `natural disaster protection fund' shall have the meanings ascribed to such terms in section 832(h).'' (f) Effective Date.--The amendments made by this bill shall apply to taxable years beginning after December 31, 2009.

District of Columbia National Disaster Insurance Protection Act - Amends the Internal Revenue Code to provide for a tax-exempt natural disaster protection fund held by an insurance company that: (1) is incorporated and domiciled in the District of Columbia; (2) is subject to supervision by the District of Columbia Commissioner of Insurance, Securities, and Banking; (3) maintains an office in the District of Columbia that employs no fewer than 10 full-time employees, at least 5 of whom are District of Columbia residents; (4) is subject to taxes imposed by the District of Columbia on premiums for natural catastrophic risk coverage; and (5) is not subject to premium taxes imposed by any state or other taxing jurisdiction for natural catastrophic risk coverage written through the fund. Allows distributions from such fund to cover losses attributable to wind (including hurricanes and tornadoes), earthquakes, floods, tsunami or tidal wave, volcanic eruption, fire, hail, snow, ice freezing, or other winter catastrophes, or a pandemic or other public health catastrophe. Sets forth tax rules for contributions to and distributions from such fund.

To amend the Internal Revenue Code of 1986 to provide for the creation of disaster protection funds in the District of Columbia by property and casualty insurance companies for the payment of policyholders' claims arising from natural catastrophic events.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antibullying Campaign Act of 2004''. SEC. 2. GRANTS FOR ANTIHARASSMENT PROGRAMS. (a) Grants.--The Secretary of Education shall provide a grant to each State that submits an application in accordance with subsection (c) to enable the State to establish and carry out or continue to carry out an antiharassment program as described in subsection (b). (b) Program Described.--An antiharassment program referred to in subsection (a) is a program that prohibits harassment in public schools and on public school grounds for any reason, including reasons based on an individual's actual or perceived race, color, national origin, ethnicity, religion, disability, sexual orientation, gender, gender identity or expression, family composition or circumstance, or economic circumstance. (c) Application.-- (1) In general.--The Secretary may not make a grant to a State under this section unless the State submits to the Secretary an application that contains detailed information about the State's existing or proposed antiharassment program. Such information shall include-- (A) the State's existing or proposed prohibition on harassment; (B) the State's existing or proposed definition of harassment and any other relevant terms; and (C) a budget for the antiharassment program, including a detailed description of how amounts received under the grant will be spent. (2) Application review and approval.-- (A) In general.--Not later than 30 days after the date of submission of the State's application, the Secretary shall review and approve or disapprove the application. (B) Approval.--Not later than 30 days after the date on which the Secretary approves the State's application, the Secretary shall provide a grant to the State. (C) Disapproval.--Not later than 30 days after the date on which the Secretary disapproves the State's application, the Secretary shall inform the State in writing as to the reasons why the application was disapproved and what the State may do to correct the application and receive the Secretary's approval. (d) Matching Funds.--The Secretary may not make a grant to a State under this section unless the State agrees that it will contribute from non-Federal sources an amount equal to not less than 50 percent of the amount received under the grant to carry out the antiharassment program described in subsection (b). SEC. 3. STUDY AND REPORT. (a) Study.--The Secretary of Education shall conduct a study concerning harassment in public schools in the United States. The findings of the study shall include-- (1) the number of students who are harassed; (2) the demographics of those students who are harassed, including-- (A) the number of students who are harassed by gender; and (B) the number of students who harass others by gender; (3) the type of harassment to which students are subjected; (4) the number of States that have comprehensive campaigns to combat harassment; and (5) the amount of funds each State expends on antiharassment programs each year. (b) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary shall submit to Congress a report that contains the findings and an analysis of the study. SEC. 4. DEFINITIONS. In this Act: (1) Harassment.--The term ``harassment'' means the creation of a hostile environment by conduct or by verbal threats, taunting, intimidation or physical or emotional abuse. (2) School.--The term ``school'' means an elementary school or secondary school as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--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, and any other territory or possession of the United States. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $75,000,000 for each of fiscal years 2005 through 2008. (b) Availability.--Amounts authorized to be appropriated by subsection (a) are authorized to remain available until September 30, 2008.

Antibullying Campaign Act of 2004 - Directs the Secretary of Education to make matching grants to applicant States for antiharassment programs that prohibit harassment in public schools and on public school grounds for any reason. Directs the Secretary to study and report to Congress on harassment in public schools.

To direct the Secretary of Education to provide grants to States to establish and carry out or continue to carry out antiharassment programs.

TITLE I--CONGRESSIONAL COMPLIANCE WITH CERTAIN GENERALLY APPLICABLE LAWS SECTION 101. SHORT TITLE. This title may be cited as the ``Equity for Congress Act''. SEC. 102. COVERAGE OF CONGRESS IN MATTERS INVOLVING EMPLOYMENT. (a) Application.-- (1) In general.--The rights and protections provided pursuant to this title and the provisions of law specified in paragraph (2) shall apply with respect to employment by the Congress. (2) Provisions.--The provisions of law that shall apply with respect to employment by Congress are-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), (B) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), (C) the National Labor Relations Act (29 U.S.C. 151 et seq.), (D) section 1977 of the Revised Statutes of the United States (42 U.S.C. 1881), (E) section 1977A of the Revised Statutes of the United States (42 U.S.C. 1881a), (F) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), (G) the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), and (H) the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). (b) Enforcement by Administrative Action.-- (1) In general.--A congressional employee, including a class or organization acting on behalf of a congressional employee, may bring an administrative action in accordance with paragraph (2) before an administrative agency to enforce the application of a law set out in subsection (a)(2) by the Congress or the congressional employer of such employee to such employee if a similarly situated complaining party may bring such an action before such agency. (2) Requirements.--An administrative action described in paragraph (1) shall be commenced in accordance with the statutory and procedural requirements of the law which is sought to be enforced. (3) Administrative action.--An administrative agency before which is brought an action described in paragraph (1) may take such action against the Congress or congressional employer sited in the action as the agency could take in an action brought by a similarly situated complaining party. (c) Enforcement by Civil Action.-- (1) In general.--A congressional employee, including a class or organization acting on behalf of a congressional employee, may bring a civil action to enforce a provision of law set out in subsection (a)(2) in a court authorized by paragraph (3) against the Congress or the congressional employer of such employee if a similarly situated complaining party could bring such a civil action. (2) Requirements.--A civil action described in paragraph (1) shall be commenced in accordance with the statutory and procedural requirements of the law which is sought to be enforced. (3) Venue.--An action may be brought under paragraph (1) to enforce a provision of law set out in subsection (a)(2) in any court of competent jurisdiction in which a similarly situated complaining party may otherwise bring a civil action to enforce such provision. (4) Relief.--In any civil action brought under paragraph (1) to enforce a provision of law set out in subsection (a)(2), the court-- (A) may grant as relief against the Congress or congressional employer any equitable relief otherwise available to a similarly situated complaining party bringing a civil action to enforce such provision, (B) may grant as relief against the Congress any damages that would otherwise be available to such a complaining party, and (C) allow such fees and costs as would be allowed in such an action by such a party. SEC. 103. MATTERS OTHER THAN EMPLOYMENT. (a) Rights and Protections.--In accordance with paragraph (6) of section 509(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209), the rights and protections provided under such Act shall apply with respect to the conduct of the Congress regarding matters other than employment. (b) Enforcement.--To enforce paragraph (1), any person may bring-- (1) an administrative action described in section 102(b), or (2) a civil action described in section 102(c). SEC. 104. INFORMATION. (a) Application.--The rights and protections provided under section 552a of title 5, United States Code, shall apply with respect to information in the possession of the Congress. (b) Enforcement.--To enforce subsection (a), any person may bring-- (1) an administrative action described in section 102(b), or (2) a civil action described in section 102(c), against the Congress or a congressional employer in possession of information. SEC. 105. INDEPENDENT COUNSEL. (a) Application.--The rights and protections provided pursuant to chapter 40 of title 28, United States Code, shall apply with respect to investigations of congressional improprieties. (b) Enforcement.--To enforce subsection (a), any person may bring-- (1) an administrative action described in section 102(b), or (2) a civil action described in section 102(c), against any party with a duty under such chapter 40. SEC. 106. AMENDMENT TO THE STANDING RULES OF THE SENATE. Rule XIV of the Standing Rules of the Senate is amended by adding at the appropriate place the following: ``No bill, resolution, or amendment which creates a requirement of general applicability but which exempts the Congress of the United States from its provisions may be considered except by a vote of three-fifths of Senators duly chosen and sworn.''. SEC. 107. AMENDMENT TO THE RULES OF THE HOUSE OF REPRESENTATIVES. Rule XXIV of the House of Representatives is amended by adding at the end the following: ``9 No bill, resolution, or amendment which creates a requirement of general applicability but which exempts the Congress of the United States from its provisions may be considered except by a vote of three- fifths of the Members duly chosen and sworn.''. SEC. 108. DEFINITIONS. For purposes of this title: (1) The term ``congressional employer'' means-- (A) a supervisor as described in paragraph 12 of Rule XXXVII of the Standing Rules of the Senate, (B)(i) a Member of the House of Representatives with respect to the administrative, clerical, and other assistants of a Member, (ii) a Member who is the chairman of a committee with respect to the professional, clerical, and other assistants to the committee, (iii) the ranking minority Member of a committee with respect to the minority staff members of the committee, (iv) a Member who is the chairman of a subcommittee which has its own staff and financial authorization with respect to the professional, clerical, and other assistants to the subcommittee, (v) the ranking minority Member of a subcommittee with respect to the minority staff members of the subcommittee, (vi) the majority and minority leaders of the House of Representatives and the majority and minority whips with respect to the research, clerical, and other assistants to their respective offices, and (vii) the other officers of the House of Representatives with respect to the employees of such officers, (C) the Architect of the Capitol with respect to the employees of the Architect of the Capitol, (D) the Director of the Congressional Budget Office with respect to the employees of such office, (E) the Comptroller General with respect to the employees of the General Accounting Office, (F) the Public Printer with respect to the employees of the Government Printing Office, (G) the Librarian of Congress with respect to employees of the Library of Congress, (H) the Director of the Office of Technology Assessment with respect to employees of such office, and (I) the Director of the United States Botanic Gardens with respect to the employees of such gardens. (2) The term ``congressional employee'' means an employee who is employed by, or an applicant for employment with, a congressional employer. (3) The term ``similarly situated complaining party'' means-- (A) in the case of a party seeking to enforce a provision with a separate enforcement mechanism for governmental complaining parties, a governmental complaining party, or (B) in the case of a party seeking to enforce a provision with no such separate mechanism, a complaining party. SEC. 109. EFFECTIVE DATE. This title shall take effect 120 days after the date of its enactment. TITLE II--OTHER CONGRESSIONAL REFORMS SEC. 201. APPLICATION OF THE FREEDOM OF INFORMATION ACT. (a) In General.--The provisions of section 552 of title 5, United States Code, commonly known as the Freedom of Information Act, shall apply to the Congress. (b) Office.--The Congress shall establish an office, to be known as the ``Freedom of Information Access Office'', in order to assure that Members of Congress comply with the provisions of law referred to in subsection (a). SEC. 202. HEALTH CARE REFORMS TO BE APPLICABLE TO THE CONGRESS. It is the sense of the Congress that any law enacted pertaining to the reform of our Nation's health care system should apply to Members of Congress. SEC. 203. LIMIT ON CONGRESSIONAL APPROPRIATIONS. The total of amounts appropriated for the legislative branch of the Government for fiscal year 1995 may not exceed the total of amounts appropriated for the legislative branch of the Government for fiscal year 1994. SEC. 204. PROHIBITION OF FREE PARKING FOR THE CONGRESS. Each Member of Congress and each employee of the Congress shall pay for parking on the Capitol grounds and parking at any other location provided by the Government, in the same amount as officers and employees of the executive branch of the Government pay for similar parking. SEC. 205. TRAVEL GUIDELINES PROVISION. Official travel performed by Members and employees of the Congress shall be subject to the same guidelines, as to mode and cost of travel, as are applicable to the executive branch of the Government. SEC. 206. BARBER SHOPS AND BEAUTY SHOPS TO BE OPERATED UNDER CONTRACT. Any barber shop or beauty shop on the Capitol grounds shall be operated by contract with a private sector entity. SEC. 207. PROHIBITION OF EMPLOYMENT OF ELEVATOR OPERATORS. No elevator operator may be employed for any elevator in the Capitol, any House of Representatives office building, or any Senate office building. SEC. 208. OFFICE MOVES TO BE PAID FROM OFFICIAL ALLOWANCES. The cost of each office move for a Member of Congress shall be paid from an official allowance made available to the Member. SEC. 209. PROHIBITION OF PREFERENTIAL AIRPORT PARKING. No Member of Congress or employee of the Congress may use preferential parking at any airport. SEC. 210. GIFT AND TICKET PROHIBITION. No Member of Congress or employee of the Congress may accept any gift or ticket from a person who is required to register under the Federal Regulation of Lobbying Act (2 U.S.C. 261, et seq.). SEC. 211. TREATMENT AND REVIEW OF CONGRESSIONAL EXPENSE ACCOUNTS. The expense accounts of Members and employees of the Congress shall be subject to the same treatment and review as are applicable to the executive branch of the Government. SEC. 212. ANNUITY PROVISION. The annuities and other retirement benefits of Members and employees of the Congress shall be the same as the annuities and other retirement benefits that are available with respect to the executive branch of the Government. SEC. 213. NO LIMOUSINE SERVICE FOR THE CONGRESS. No Member of Congress or employee of the Congress may use any limousine service that is paid for from official funds. SEC. 214. PROHIBITION OF PROXY VOTING IN COMMITTEES OF THE HOUSE OF REPRESENTATIVES. Clause 2(f) of rule XI of the Rules of the House of Representatives is amended to read as follows: ``(f) No vote by any member of any committee or subcommittee with respect to any measure may be cast by proxy.''. SEC. 215. HOUSE OF REPRESENTATIVES COMMITTEE AND SUBCOMMITTEE ATTENDANCE AND VOTING RECORDS TO BE AVAILABLE TO THE PUBLIC. Clause 2(e)(2) of rule XI of the Rules of the House of Representatives is amended by adding at the end the following new sentence: ``All committee and subcommittee attendance and voting records shall be made available to the public.''. SEC. 216. PROHIBITION OF PURCHASE OF CALENDARS FOR THE CONGRESS. Appropriated funds may not be used to purchase United States Capitol Historical Society calendars for the Congress. SEC. 217. PROHIBITION OF SPECIAL SERVICES FOR MEMBERS AND EMPLOYEES OF THE CONGRESS. No Federal, State, or local department or agency may provide any service or assistance for a Member or employee of the Congress that is not provided for all citizens. The preceding sentence does not apply in the case of assistance in support of the constituent or legislative responsibilities of a Member or employee of the Congress.

TABLE OF CONTENTS: Title I: Congressional Compliance With Certain Generally Applicable Laws Title II: Other Congressional Reforms Title I: Congressional Compliance With Certain Generally Applicable Laws - Equity for Congress Act - Makes applicable to the Congress the following Federal laws: (1) with respect to employment, title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the National Labor Relations Act, sections 1977 and 1977A of the Revised Statutes, the Fair Labor Standards Act of 1938, the Occupational Safety and Health Act of 1970, and the Family and Medical Leave Act of 1993; (2) with respect to conduct regarding matters other than employment, the Americans with Disabilities Act of 1990; (3) with respect to information in its possession, the Privacy Act of 1974; and (4) specified provisions of the Federal judicial code relating to independent counsel. Amends the Standing Rules of the Senate and the Rules of the House of Representatives to require a three-fifths' vote in each House before it considers legislation that creates a requirement of general applicability but exempts the Congress from such provisions. Title II: Other Congressional Reforms - Applies the Freedom of Information Act to the Congress. Establishes the Freedom of Information Access Office in the Congress in order to assure that Members of Congress comply with the provisions of such Act. Declares that any law enacted pertaining to the reform of our Nation's health care system should apply to Members of Congress. Limits the total of amounts appropriated for the legislative branch for FY 1995 to the total for FY 1994. Requires each Member of Congress and congressional employee to pay for parking on the Capitol grounds and at any other Government location in the same amount as officers and employees of the executive branch. Subjects official travel performed by Members and employees of the Congress to the same guidelines as to mode and cost of travel that applies to the executive branch. Requires: (1) any barber shop or beauty shop on the Capitol grounds to be operated by contract with a private sector entity; and (2) the cost of each office move for a Member of Congress to be paid from an official allowance made available to the Member. Prohibits an elevator operator from being employed for any elevator in the Capitol, House of Representatives office building, or Senate office building. Prohibits a Member of Congress or congressional employee from: (1) using preferential parking at any airport; or (2) accepting any gift or ticket from a registered lobbyist. Makes the annuities and other retirement benefits of Members and employees of the Congress the same as the annuities and other retirement benefits of the executive branch. Prohibits a Member of Congress or congressional employee from using any limousine service that is paid for from official funds. Amends rule XI of the Rules of the House to: (1) prohibit proxy voting by any committee or subcommittee member; and (2) make all House committee and subcommittee attendance and voting records available to the public. Prohibits: (1) appropriated funds from being used to purchase U.S. Capitol Historical Society calendars for the Congress; and (2) a Federal, State, or local department or agency from providing any service or assistance for a Member or employee of the Congress that is not provided for all citizens, except for assistance in support of the constituent or legislative responsibilities of such Member or employee.

Equity for Congress Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Family Values at the Border Act''. SEC. 2. PROTECTION OF FAMILY VALUES IN APPREHENSION PROGRAMS. (a) Procedures for Migration Deterrence Programs at the Border.--In any migration deterrence program carried out at a border, the Secretary and any cooperating entity shall for each apprehended individual-- (1) as soon as practicable after such individual is apprehended-- (A) inquire through a standardized procedure that shall be established by the Secretary not later than 90 days after the date of the enactment of this Act, as to whether such apprehended individual is-- (i) a parent, legal guardian, or primary caregiver of a child; or (ii) traveling with a spouse, child, or sibling; and (B) ascertain whether repatriation of such apprehended individual presents any humanitarian concern or concern related to such apprehended individual's physical safety; and (2) ensure that, with respect to a decision related to the repatriation or referral for prosecution of such apprehended individual, due consideration is given to-- (A) the best interests of such apprehended individual's child, in any; (B) family unity whenever possible; and (C) other public interest factors, including humanitarian concerns and concerns related to such apprehended individual's physical safety. (b) Mandatory Training.--The Secretary, in consultation with the Secretary of Health and Human Services, the Attorney General, the Secretary of State, and independent immigration, child welfare, family law, and human rights law experts, shall-- (1) develop and provide specialized training for all personnel of U.S. Customs and Border Protection and cooperating entities who come into contact with apprehended individuals regarding legal authorities, policies, and procedures relevant to the preservation of a child's best interest, family unity, and other public interest factors, including factors described in subsection (a); and (2) require border enforcement personnel to undertake periodic and continuing training on best practices and changes in relevant legal authorities, policies, and procedures referred to in paragraph (1). (c) Annual Report on the Impact of Migration Deterrence Programs at the Border.-- (1) In general.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report that describes the impact of migration deterrence programs on parents, legal guardians, primary caregivers of a child, individuals traveling with a spouse, child, or sibling, and individuals who present humanitarian considerations or concerns related to such individual's physical safety. (2) Contents.--Each report required under paragraph (1) shall include for the previous year period an assessment of-- (A) the number of apprehended individuals removed, repatriated, or referred for prosecution who are the parent, legal guardian, or primary caregiver of a child who is a citizen of the United States; (B) the number of occasions in which both parents, or the primary caretaker of such a child was removed, repatriated, or referred for prosecution as part of a migration deterrence program; (C) the number of apprehended individuals traveling with a spouse, parent, grandparent, sibling, or child who are removed, repatriated, or referred for prosecution; and (D) the impact of migration deterrence programs on public interest factors, including humanitarian concerns and physical safety. (d) Regulations.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this section. SEC. 3. LIMITING DANGEROUS DEPORTATION PRACTICES. (a) Certification Required.-- (1) In general.--Not later than one year after the date of the enactment of this Act and every 180 days thereafter, the Secretary, except as provided in paragraph (2), shall submit to Congress written certification that the Department has deported or otherwise removed for a violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) an apprehended individual from the United States through an entry or exit point on the southern border only during daylight hours. (2) Exception.--The certification required under paragraph (1) shall not apply to the deportation or removal of an apprehended individual otherwise described in such paragraph if-- (A) the manner of such deportation or removal is justified by a compelling governmental interest; and (B) such apprehended individual is not an unaccompanied alien child and such apprehended individual agrees to be deported or removed in such manner after being notified of the intended manner of deportation or removal. (b) Consultation.--The Secretary shall consult with the Secretary of State and with local service providers at ports of entry, including shelters, hospitals, and centers for deported women and children, when negotiating or renegotiating agreements with the Government of Mexico and State and local entities governing arrangements for the deportation or removal of apprehended individuals to determine appropriate hours subject to subsection (a) for conducting deportations and removals, and identifying safety concerns at deportation and removal sites. SEC. 4. SHORT-TERM CUSTODY STANDARDS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the head of the Office of Civil Rights and Civil Liberties of the Department, shall promulgate regulations establishing short-term custody standards providing for basic minimums of care at all U.S. Customs and Border Protection (CBP) facilities holding individuals in CBP custody, including-- (1) Border Patrol stations; (2) ports of entry; (3) checkpoints; (4) forward operating bases; (5) secondary inspection areas; and (6) short-term custody facilities. (b) Requirements.--The regulations promulgated in accordance with subsection (a) shall ensure that detention space capacity will not be exceeded except in emergency circumstances, and that all individuals in CBP custody receive-- (1) potable water and a snack, and, if detained for more than five hours, a nutritious meal with regular nutritious meals (at least one of which daily must be heated), and snacks, thereafter; (2) medically appropriate meals or snacks if such individuals are pregnant or have medical needs; (3) access to bathroom facilities as well as basic toiletries and hygiene items, including soap, a toothbrush, toilet paper, and other items appropriate for the age and gender identification of such individuals, such as diapers and feminine hygiene products; (4) a cot, clean linens, and blankets, if detained for more than five hours; (5) adequate lighting and climate control that achieves a reasonable indoor temperature; (6) a physical and mental health screening conducted promptly upon arrival in a manner that complies with the requirements for such screenings specified in the currently applicable National Commission for Correctional Health Care Jails Standards, as well as information about the availability of, and access to, health care services that is communicated in a form and language such individual is known to understand; (7) immediate physical and mental health needs addressed by a qualified health care professional as soon as possible; (8) prompt notice of the ability to make one telephone call at any time after arrest, telephone access to make such call, and the phone numbers to file a complaint with the Office of the Inspector General of the Department and the Office for Civil Rights and Civil Liberties of the Department; (9) to the extent practicable, a reasonable accommodation to respect such individuals' religious practices; (10) all protections under the Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.; Public Law 108-79), except that certain protections shall not apply at a particular CBP facility if the Commissioner of CBP determines that implementation at that particular facility of such a protection would be impracticable; and (11) safe transport, including prevention of sexual assault during transfer, including in subcontracted transportation services, while such individuals are transported from a CBP facility. (c) Further Provisions.--The Commissioner of CBP shall ensure that all individuals in CBP custody-- (1) have access to consular officials and counsel; (2) receive copies of all signed documents; and (3) are transferred to an appropriate U.S. Immigration and Customs Enforcement or Department of Health and Human Services Office of Refugee Resettlement facility or are released from short-term custody within 48 hours of apprehension. (d) Surveillance of Certain Individuals in CBP Custody.--The Commissioner of CBP shall ensure constant surveillance of an individual in CBP custody who exhibits signs of hostility, depression, or similar behaviors, or who is reasonably known to pose an elevated suicide risk. (e) Physical and Mental Health Assessment.--The Commissioner of CBP shall ensure that individuals in CBP custody for more than 24 hours, receive, in addition to the physical and mental health screening specified in subsection (b)(6), a physical and mental health assessment by a qualified healthcare professional. To the extent practicable, such individuals with known or readily apparent disabilities, including temporary disabilities, shall be housed in a manner that accommodates their mental or physical condition, or both, and provides for the safety, comfort, and security of such individuals. (f) Return of Certain Belongings.--Any lawful, nonperishable belongings of an individual in CBP custody that are confiscated by personnel operating under Federal authority shall be returned to such individual prior to the deportation or removal of such individual. (g) Inspection of Short-Term Custody Facilities.--Short-term custody facilities shall be inspected at least once every year by the Department of Homeland Security Office for Civil Rights and Civil Liberties, with the results made public without the need to submit a request under section 552 of title 5, United States Code. (h) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to-- (1) establish a publicly accessible online system to track the location of individuals in CBP custody held in short-term custody, and provide an online list of all locations with phone numbers routinely used to hold individuals in short-term custody; (2) improve the education of individuals in CBP custody regarding administrative procedures and legal rights under United States immigration law, in consultation with the Executive Office for Immigration Review; and (3) ensure notification of the Office of Inspector General and Department of Homeland Security Office for Civil Rights and Civil Liberties within 48 hours of all instances in which-- (A) an individual in CBP custody has died, including during transfer to another facility or while being released; and (B) an individual has died as the result of an encounter with CBP. (i) Annual Reports.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report that details all instances in which an individual in CBP custody has died in the prior fiscal year, including during transfer to another facility or while being released, as well as all instances in which an individual has died as the result of an encounter with CBP, and the result of any subsequent investigation. Such reports shall also detail all instances in which an individual, including an individual in the custody of CBP, has suffered serious injuries requiring hospitalization as a result of the use of force by CBP. SEC. 5. DEFINITIONS. In this Act: (1) Apprehended individual.--The term ``apprehended individual'' means an individual apprehended by personnel of the Department of Homeland Security or of a cooperating entity. (2) Border.--The term ``border'' means an international border of the United States. (3) Child.--Except as otherwise specifically provided, the term ``child'' has the meaning given such term in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)). (4) Cooperating entity.--The term ``cooperating entity'' means a State or local entity acting pursuant to an agreement with the Secretary. (5) Department.--The term ``Department'' means the Department of Homeland Security. (6) Migration deterrence program.--The term ``migration deterrence program'' means an action related to the repatriation or referral for prosecution of one or more apprehended individuals for a suspected or confirmed violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by the Secretary or a cooperating entity. (7) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (8) Unaccompanied alien child.--The term ``unaccompanied alien child'' has the meaning given such term in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279).

Protect Family Values at the Border Act - Directs the Secretary of Homeland Security (DHS) to: (1) consider safety and family concerns in any action related to the repatriation or prosecution of individuals apprehended for immigration violations, and (2) provide related training for U.S. Customs and Border Protection (CBP) and cooperating entity personnel. Directs the Secretary, with certain exceptions, to submit to Congress every 180 days written certification that DHS has deported or otherwise removed an apprehended individual from the United States through an entry or exit point on the southern border only during daylight hours. Directs the Secretary to promulgate regulations establishing short-term custody standards providing for basic minimums of care at all CBP facilities holding individuals in CBP custody.

Protect Family Values at the Border Act

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Christopher Bryski Student Loan Protection Act'' or ``Christopher's Law''. (b) Findings.--Congress finds the following: (1) No requirement exists for private educational lenders' promissory notes to include a clear and conspicuous description of the responsibilities of a borrower and cosigner in the event the borrower or cosigner becomes disabled, incapacitated, or dies. (2) According to the Annual Report of the Bureau of Consumer Financial Protection (CFPB) Student Loan Ombudsman, dated October 16, 2012: (A) ``In less than seven months, the CFPB has handled approximately 2,900 private student loan complaints.''. (B) ``Co-signers complain that information about discharge or alternative arrangements in the case of death of the primary borrower is not readily available and that decisions are made on a case-by-case basis, giving co-signers little understanding of how the process works, or if they will be successful.''. (C) ``The complaints and input received by the CFPB resemble many of the same issues experienced by mortgage borrowers, such as improper application of payments, untimeliness in error resolution, and inability to contact appropriate personnel in times of hardship.''. (D) ``The difference between federal and private student loans in periods of disability was not well- understood.''. (E) ``There are at least $8 billion of private student loans in default, representing more than 850,000 individual loans.''. (F) ``While lenders do provide the terms of agreement in promissory notes, including associated benefits and protections, many borrowers state they were unaware of the categorical differences between federal and private protections.''. (3) No requirement exists for a private education loan borrower to designate an alternate point of contact on their account in the event of their death or permanent disability. (4) An estimated 1,700,000 people sustain a traumatic brain injury each year, with older adolescents aged 15 to 19 years old more likely to sustain a traumatic brain injury than other age groups. (5) It has been estimated that the annual incidence of spinal cord injury, not including those who die at the scene of an accident, is approximately 40 cases per 1,000,000 people in the United States or approximately 12,000 new cases each year. These injuries can lead to permanent disability or loss of movement and can prohibit the victim from engaging in any substantial gainful activity. (6) In the 2007-2008 academic year, 13 percent of students attending a 4-year public institution of higher education, and 26.2 percent of students attending a 4-year private institution of higher education, borrowed monies from private educational lenders. (7) According to Sallie Mae, in 2009, the percentage of cosigned private education loans increased from 66 percent to 84 percent of all private education loans. SEC. 2. ADDITIONAL STUDENT LOAN PROTECTIONS. (a) In General.--Section 140 of the Truth in Lending Act (15 U.S.C. 1650) is amended by adding at the end the following: ``(g) Additional Protections Relating to Death or Disability of Borrower or Cosigner of a Private Education Loan.-- ``(1) Clear and conspicuous description of borrower's and cosigner's obligation.--In the case of any private educational lender who extends a private education loan, the lender shall clearly and conspicuously describe, in writing, the cosigner's obligations with respect to the loan, including the effect the death, disability, or inability to engage in any substantial gainful activity of the borrower or any cosigner would have on any such obligation, in language that the Bureau determines would give a reasonable person a reasonable understanding of the obligation being assumed by becoming a cosigner for the loan. ``(2) Designation of individual to act on behalf of the borrower.--In the case of any private educational lender who extends a private education loan, the lender shall require the borrower to designate an individual to have the legal authority to act on behalf of the borrower with respect to the private education loan in the event of the borrower's death, disability, or inability to engage in any substantial gainful activity. ``(3) Counseling.--In the case of any private educational lender who extends a private education loan, the lender shall ensure that the borrower, and any cosigner, receives comprehensive information on the terms and conditions of the loan and of the responsibilities the borrower has with respect to such loan, including the information described under section 485(l)(2) of the Higher Education Act of 1965 (20 U.S.C. 1092(l)(2)). ``(4) Model form.--The Bureau shall publish a model form under section 105 for describing a cosigner's obligation for purposes of paragraph (1). ``(5) Definition of death, disability, or inability to engage in any substantial gainful activity.--For the purposes of this subsection with respect to a borrower or cosigner, the term `death, disability, or inability to engage in any substantial gainful activity'-- ``(A) means any condition described in section 437(a) of the Higher Education Act of 1965 (20 U.S.C. 1087(a)); and ``(B) shall be interpreted by the Bureau in such a manner as to conform with the regulations prescribed by the Secretary of Education under section 437(a) of such Act (20 U.S.C. 1087(a)) to the fullest extent practicable, including safeguards to prevent fraud and abuse.''. (b) Definitions.--Subsection (a) of section 140 of the Truth in Lending Act (15 U.S.C. 1650(a)) is amended-- (1) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively; and (2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following: ``(1) the term `cosigner'-- ``(A) means any individual who is liable for the obligation of another without compensation, regardless of how designated in the contract or instrument; ``(B) includes any person whose signature is requested as condition to grant credit or to forbear on collection; and ``(C) does not include a spouse of an individual referred to in subparagraph (A) whose signature is needed to perfect the security interest in the loan;''. (c) Rulemaking.--Not later than the end of the 1-year period following the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall issue regulations to carry out section 140(g) of the Truth in Lending Act. SEC. 3. FEDERAL STUDENT LOANS. (a) Counseling Information.--Section 485(l)(2) of the Higher Education Act of 1965 (20 U.S.C. 1092(l)(2)) is amended by adding at the end the following: ``(L) Information on the conditions required to discharge the loan due to the death, disability, or inability to engage in any substantial gainful activity of the borrower in accordance with section 437(a), and an explanation that, in the case of a private education loan made through a private educational lender (as such terms are defined in section 140 of the Truth in Lending Act (15 U.S.C. 1650)), the borrower, the borrower's estate, and any cosigner of such a private education loan may be obligated to repay the full amount of the loan, regardless of the death or disability of the borrower or any other condition described in section 437(a). ``(M) Any repayment, refinance, deferment, forbearance, or forgiveness opportunities available to the borrower, or cosigner, in the event of either individual's death, disability, or inability to engage in any substantial gainful activity. ``(N) The effect that the death, disability, or inability to engage in any substantial gainful activity of the borrower would have on the obligations of the borrower and any cosigner of the loan.''. (b) Designation of Individual To Act on Behalf of the Borrower.-- Section 484(a)(4) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(4)) is amended-- (1) in subparagraph (A), by striking ``and'' after the semicolon; (2) in subparagraph (B), by inserting ``and'' after the semicolon; and (3) by adding at the end the following new subparagraph: ``(C) a designation by such student of an individual who shall have the legal authority to act on behalf of the student with respect to any loan to the student under this title in the event of the student's death, disability, or inability to engage in any substantial gainful activity;''.

Christopher Bryski Student Loan Protection Act or Christopher's Law - Amends the Truth in Lending Act to require lenders of private education loans to: describe clearly and conspicuously, in writing, the cosigners' obligations regarding such loans, including the effect a borrower's or cosigner's death, disability, or inability to engage in any substantial gainful activity would have on such obligations; require the borrower to designate an individual to have the legal authority to act on behalf of the borrower in the event of the borrower's death, disability, or inability to engage in any substantial gainful activity; and ensure that the borrower, and any cosigner, receives comprehensive information on the loan's terms and conditions and the borrower's responsibilities with respect to such loan. Directs the Consumer Financial Protection Bureau (CFPB) to publish a model form for describing a cosigner's obligations regarding private education loans. Amends the Higher Education Act of 1965 (HEA) to require institutions of higher education to provide borrowers of federal education loans information at their entrance counseling on: the effect their death, disability, or inability to engage in any substantial gainful activity would have on their federal and private education loans; any repayment, refinance, deferment, forbearance, or forgiveness opportunities available to the borrower, or cosigner, in the event of either individual's death, disability, or inability to engage in any substantial gainful activity; and the effect their death, disability, or inability to engage in any substantial gainful activity would have on their obligations and any cosigner's obligations with respect to the loan. Requires students applying for federal education loans to designate an individual who is to have the legal authority to act on their behalf with respect to such a loan in the event of their death, disability, or inability to engage in any substantial gainful activity.

Christopher's Law

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Grandparents Raising Grandchildren Act''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 2,500,000 grandparents in the United States are the primary caretaker of their grandchildren, and experts report that such numbers are increasing as the opioid epidemic expands. (2) Between 2009 and 2016, the incidence of parental alcohol or other drug use as a contributing factor for children's out-of-home placement rose from 25.4 to 37.4 percent. (3) When children cannot remain safely with their parents, placement with relatives is preferred over placement in foster care with nonrelatives because placement with relatives provides stability for children and helps them maintain family connections. (4) The number of foster children placed with a grandparent or other relative increased from 24 percent in 2006 to 32 percent in 2016, according to data from the Department of Health and Human Services. (5) Grandparents' lives are enhanced by caring for their grandchildren; the overwhelming majority of grandparents report experiencing significant benefits in serving as their grandchildren's primary caregivers. (6) Providing full-time care to their grandchildren may decrease grandparents' ability to address their own physical and mental health needs and personal well-being. (7) Grandparents would benefit from better coordination and dissemination of information and resources available to support them in their caregiving responsibilities. SEC. 3. ADVISORY COUNCIL TO SUPPORT GRANDPARENTS RAISING GRANDCHILDREN. (a) Establishment.--There is established an Advisory Council to Support Grandparents Raising Grandchildren. (b) Membership.-- (1) In general.--The Advisory Council shall be composed of the following members, or their designee: (A) The Secretary of Health and Human Services. (B) The Secretary of Education. (C) The Administrator of the Administration for Community Living. (D) The Director of the Centers for Disease Control and Prevention. (E) The Assistant Secretary for Mental Health and Substance Use. (F) The Assistant Secretary for the Administration for Children and Families. (G) A grandparent raising a grandchild. (H) An older relative caregiver of children. (I) As appropriate, the head of other Federal departments, or agencies, identified by the Secretary of Health and Human Services as having responsibilities, or administering programs, relating to current issues affecting grandparents or other older relatives raising children. (2) Lead agency.--The Department of Health and Human Services shall be the lead agency for the Advisory Council. (c) Duties.-- (1) In general.-- (A) Information.--The Advisory Council shall identify, promote, coordinate, and disseminate to the public information, resources, and the best practices available to help grandparents and other older relatives-- (i) meet the health, educational, nutritional, and other needs of the children in their care; and (ii) maintain their own physical and mental health and emotional well-being. (B) Opioids.--In carrying out the duties described in subparagraph (A), the Advisory Council shall consider the needs of those affected by the opioid crisis. (C) Native americans.--In carrying out the duties described in subparagraph (A), the Advisory Council shall consider the needs of members of Native American tribes. (2) Report.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Advisory Council shall submit a report to-- (i) the appropriate committees; (ii) the State agencies that are responsible for carrying out family caregiver programs; and (iii) the public online in an accessible format. (B) Report format.--The report shall include-- (i) best practices, resources, and other useful information for grandparents and other older relatives raising children identified under paragraph (1)(A) including, if applicable, any information related to the needs of children who have been impacted by the opioid epidemic; (ii) an identification of any gaps in items under clause (i); and (iii) where applicable, identification of any additional Federal legislative authority necessary to implement the activities described in clause (i) and (ii). (3) Follow-up report.--Not later than 2 years after the date on which the report required under paragraph (2)(A) is submitted, the Advisory Council shall submit a follow-up report that includes the information identified in paragraph (2)(B) to-- (A) the appropriate committees; (B) the State agencies that are responsible for carrying out family caregiver programs; and (C) the public online in an accessible format. (4) Public input.-- (A) In general.--The Advisory Council shall establish a process for public input to inform the development of, and provide updates to, the best practices, resources, and other information described in paragraph (1) that shall include-- (i) outreach to States, local entities, and organizations that provide information to, or support for, grandparents or other older relatives raising children; and (ii) outreach to grandparents and other older relatives with experience raising children. (B) Nature of outreach.--Such outreach shall ask individuals to provide input on-- (i) information, resources, and best practices available, including identification of any gaps and unmet needs; and (ii) recommendations that would help grandparents and other older relatives better meet the health, educational, nutritional, and other needs of the children in their care, as well as maintain their own physical and mental health and emotional well-being. (d) FACA.--The Advisory Council shall be exempt from the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). (e) Funding.--No additional funds are authorized to be appropriated to carry out this Act. (f) Sunset.--The Advisory Council shall terminate on the date that is 3 years after the date of enactment of this Act. SEC. 4. DEFINITIONS. In this Act: (1) Advisory council.--In this Act, the term ``Advisory Council'' means the Advisory Council to Support Grandparents Raising Grandchildren that is established under section 3. (2) Appropriate committees.--In this Act, the term ``appropriate committees'' means the following: (A) The Special Committee on Aging of the Senate. (B) The Committee on Health, Education, Labor, and Pensions of the Senate. (C) The Committee on Education and the Workforce of the House of Representatives. (D) The Committee on Energy and Commerce of the House of Representatives. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Supporting Grandparents Raising Grandchildren Act (Sec. 3) This bill establishes an Advisory Council to Support Grandparents Raising Grandchildren. The council must identify, promote, coordinate, and publicly disseminate information and resources to help older relatives meet the needs of the children in their care and maintain their own health and emotional well-being. The council must report on the information and resources. The bill terminates the council after three years.

Supporting Grandparents Raising Grandchildren Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Credits for Jobs Now Act of 2012''. SEC. 2. CREDIT FOR INCREASING EMPLOYMENT. (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 36B the following new section: ``SEC. 36C. CREDIT FOR INCREASING EMPLOYMENT. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this subtitle-- ``(1) for any taxable year beginning in 2012, an amount equal to 60 percent of the excess of-- ``(A) the aggregate wages paid during 2012, over ``(B) the aggregate wages paid during 2011, and ``(2) for any taxable year beginning in 2013, an amount equal to 40 percent of the excess of-- ``(A) the aggregate wages paid during 2013, over ``(B) the aggregate inflation-adjusted wages paid during 2012. ``(b) Maximum Credit.--The amount of the credit allowable under this section for any employer with respect to any calendar year shall not exceed $500,000. ``(c) Minimum Preceding Year Wages.--For purposes of subsection (a)-- ``(1) the amount taken into account under paragraph (1)(B) thereof shall not be less than 50 percent of the amount described in paragraph (1)(A) thereof, and ``(2) the amount taken into account under paragraph (2)(B) thereof shall not be less than 50 percent of the amount described in paragraph (2)(A) thereof. ``(d) Total Wages Must Increase.--The amount of credit allowed under this section for any taxable year shall not exceed the amount which would be so allowed for such year (without regard to subsection (c)) if-- ``(1) the aggregate amounts taken into account as wages were determined without any dollar limitation, and ``(2) 103 percent of the amount of wages otherwise required to be taken into account under subsection (a)(1)(B) or subsection (a)(2)(B), as the case may be, were taken into account. ``(e) Wages; Inflation-Adjusted Wages.--For purposes of this section: ``(1) In general.--Except as provided in paragraph (2), the term `wages' has the meaning given to such term by section 3306(b). ``(2) Railway and agricultural labor.--Rules similar to the rules of section 51(h) shall apply for purposes of this section. ``(3) Inflation-adjusted wages.--The term `inflation- adjusted wages' means the aggregate wages paid during 2012 increased by an amount equal to-- ``(A) such aggregate wages, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for 2012, determined by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded in such manner as the Secretary shall prescribe. ``(f) Special Rules.-- ``(1) Adjustments for certain acquisitions, etc.-- ``(A) Acquisitions.--If, after December 31, 2010, an employer acquires the major portion of a trade or business of another person (hereinafter in this subparagraph referred to as the `predecessor') or the major portion of a separate unit of a trade or business of a predecessor, then, for purposes of applying this section for any calendar year ending after such acquisition, the amount of wages deemed paid by the employer during periods before such acquisition shall be increased by so much of such wages paid by the predecessor with respect to the acquired trade or business as is attributable to the portion of such trade or business acquired by the employer. ``(B) Dispositions.--If, after December 31, 2010-- ``(i) an employer disposes of the major portion of any trade or business of the employer or the major portion of a separate unit of a trade or business of the employer in a transaction to which subparagraph (A) applies, and ``(ii) the employer furnishes the acquiring person such information as is necessary for the application of subparagraph (A), then, for purposes of applying this section for any calendar year ending after such disposition, the amount of wages deemed paid by the employer during periods before such disposition shall be decreased by so much of such wages as is attributable to such trade or business or separate unit. ``(2) Change in status from self-employed to employee.-- If-- ``(A) during 2011 or 2012 an individual has net earnings from self-employment (as defined in section 1402(a)) which are attributable to a trade or business, and ``(B) for any portion of the succeeding calendar year such individual is an employee of such trade or business, then, for purposes of determining the credit allowable for a taxable year beginning in such succeeding calendar year, the employer's aggregate wages for 2011 or 2012, as the case may be, shall be increased by an amount equal to so much of the net earnings referred to in subparagraph (A) as does not exceed the median household income in the United States for 2011 or 2012, as the case may be. ``(3) Certain other rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 51(f) (relating to remuneration must be for trade or business employment). ``(B) Section 51(i)(1) (relating to related individuals ineligible). ``(C) Section 51(k) (relating to treatment of successor employers; treatment of employees performing services for other persons). ``(D) Section 52 (relating to special rules). ``(4) Short taxable years.--If the employer has more than 1 taxable year beginning in 2012 or 2013, the credit under this section shall be determined for the employer's last taxable year beginning in 2012 or 2013, as the case may be.''. (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``36C(a),'' before ``45A(a)''. (c) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Credit for increasing employment.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

Tax Credits for Jobs Now Act of 2012 - Amends the Internal Revenue Code to allow employers a refundable tax credit for: (1) 60% of the excess of the aggregate wages paid to employees during 2012 over the aggregate wages paid during 2011, and (2) 40% of the excess of such wages paid during 2013 over the aggregate inflation-adjusted wages paid during 2012. Limits the maximum amount of such credit to $500,000 in any calendar year.

To amend the Internal Revenue Code of 1986 to allow employers a refundable credit for increasing employment.

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 23,000,000. (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. (8) This story 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. (9) 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'', to be 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 their awareness. (10) 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. (11) 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. 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 within 12 months of 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 interned or taken into custody. (3) The locations where Italian Americans 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 FBI raids on the homes of Italian Americans and an explanation of the authority under which each such action was taken. (7) A list of ports from which Italian American fishermen were restricted. (8) The names of Italian American fishermen who were unable to pursue their livelihoods. (9) The names of Italian Americans whose boats were confiscated. (10) A list 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, 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 the civil liberties infringements occurred. (13) An explanation of why some Italian Americans were subjected to civil liberties infringements while others were not. (14) A review of the wartime restrictions on Italian Americans to determine how civil liberties can be better protected during national emergencies. SEC. 4. FORMAL ACKNOWLEDGEMENT. The President shall, on behalf of the United States Government, formally acknowledge that these events during World War II represented a fundamental injustice against Italian Americans.

Wartime Violation of Italian American Civil Liberties Act - Requires the Inspector General of the Department of Justice to conduct a comprehensive review of the treatment by the Federal Government of Italian Americans during World War II (between September 1, 1939, and December 31, 1945) and to report to the Congress on the findings of such review. Requires the findings to include information regarding: (1) Italian Americans who were interned, taken into custody, ordered to move out of designated areas, or arrested for curfew, contraband, or other violations; (2) Federal Bureau of Investigations raids on Italian Americans homes; (3) restrictions on Italian American fishermen and railroad workers; and (4) civil liberties infringements suffered by Italian Americans during World War II. Requires the President, on behalf of the Government, to formally acknowledge that these events during World War II represented a fundamental injustice against Italian Americans.

Wartime Violation of Italian American Civil Liberties Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban Poisonous Additives Act of 2011''. SEC. 2. BAN ON USE OF BISPHENOL A IN FOOD AND BEVERAGE CONTAINERS. (a) Treatment of Bisphenol A as Adulterating the Food or Beverage.-- (1) In general.--For purposes of applying section 402(a)(6) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(6)), a food container (which for purposes of this Act includes a beverage container) that is composed, in whole or in part, of bisphenol A, or that can release bisphenol A into food (as defined for purposes of the Federal Food, Drug, and Cosmetic Act), shall be treated as a container described in such section (relating to containers composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health). (2) Applicability.-- (A) Reusable food containers.--Paragraph (1) shall apply to reusable food containers on the date that is 180 days after the date of enactment of this Act. (B) Other food containers.--Paragraph (1) shall apply to any food container that is packed with food and is introduced or delivered for introduction into interstate commerce on or after the date that is 180 days after the date of enactment of this Act. (b) Waiver.-- (1) In general.--The Secretary, after public notice and opportunity for comment, may grant to any facility (as that term is defined in section 415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d)) that manufactures, processes, packs, holds, or sells the particular food product or products, a waiver of the treatment described in subsection (a). (2) Applicability.--A waiver granted to a facility under paragraph (1) may only be applicable to a certain type of food container or containers, as used for a particular food product or group of similar products containing similar foods. (3) Requirement for waiver.--The Secretary may only grant a waiver under paragraph (1) to a facility, if such facility-- (A) demonstrates that it is not technologically feasible to-- (i) replace bisphenol A in the certain type of container or containers for such particular food product or products; or (ii) use an alternative container that does not contain bisphenol A for such particular food product or products; and (B) submits to the Secretary a plan and timeline for removing bisphenol A from such type of container or containers for that food product or products. (4) Labeling.-- (A) In general.--Any product for which the Secretary grants such a waiver shall display a prominent warning on the label that the container contains bisphenol A, in a manner that the Secretary shall require. (B) Additional requirement.--The prominent warning required under subparagraph (A) shall include information to ensure adequate public awareness of potential health effects associated with bisphenol A. (5) Duration.-- (A) Initial waiver.--Any waiver granted under paragraph (1) to a facility for a food container or containers shall be valid for not longer than 1 year after the date on which subsection (a) is applicable to such food container or containers. (B) Renewal of waiver.--The Secretary may renew any waiver granted under paragraph (1) for periods of not more than 1 year, provided that the Secretary reaffirms that it is not technologically feasible to replace bisphenol A in such type of container or containers for such particular food product or products or use an alternative container that does not contain bisphenol A for such particular food product or products. (c) Reexamination of Approved Food Additives, Effective Food Contact Substance Notifications, and Substances That Are Generally Recognized as Safe.-- (1) Plan and schedule.--Not later than 1 year after enactment of this Act, after opportunity for comment, the Secretary, acting through the Commissioner of Food and Drugs shall publish a plan and schedule for the selection of substances under paragraph (2) and the review of substances under paragraph (5). (2) Selection of substances.--Not later than 1 year after enactment of this Act and not less than once every 3 years thereafter, the Secretary, acting through the Commissioner of Food and Drugs, shall, based on the factors under paragraph (4), select substances to review under paragraph (5). Such selection shall be made from among-- (A) substances authorized as a food additive under any regulations issued under section 409 of the Federal Food, Drug, and Cosmetic Act; (B) substances that are the subject of any sanction or approval as described in section 201(s)(4) of the Federal Food, Drug, and Cosmetic Act; (C) substances that are the subject of an effective food contact substance notification, as described in section 409(h) of the Federal Food, Drug, and Cosmetic Act; (D) substances that are generally recognized as safe, as listed in part 182 of title 21, Code of Federal Regulations (or any successor regulations); (E) direct food substances affirmed as generally recognized as safe, as listed in part 184 of title 21, Code of Federal Regulations (or any successor regulations); and (F) indirect food substances affirmed as generally recognized as safe, as listed in part 186 of title 21, Code of Federal Regulations (or any successor regulations). (3) Notice and comment.--The selection of substances under paragraph (2) shall be subject to notice and comment. (4) Priorities.--In selecting substances under paragraph (2), the Secretary shall take into consideration the following factors: (A) Whether, based on new scientific information, the Secretary determines that there is a possibility that there is no longer a reasonable certainty that no harm will result from aggregate exposure to such substance through food containers composed, in whole or in part, of such substance, taking into consideration-- (i) potential adverse effects from low dose exposure; and (ii) the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to such substance. (B) Whether, since the introduction of such substance into interstate commerce, there has been a significant increase in the amount of such substance found in-- (i) sources of drinking water; or (ii) products that are likely to be used by vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to such substance. (5) Review of substances and secretarial determination.-- (A) In general.--No later than 1 year after the date on which a substance is selected under paragraph (2), the Secretary shall determine whether there is a reasonable certainty that no harm will result from aggregate exposure to such substance, taking into consideration-- (i) potential adverse effects from low dose exposure; and (ii) the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to such substance. (B) Notice and comment.--The determination made under subparagraph (A) shall be subject to notice and comment. (6) Remedial action.-- (A) In general.--Upon a determination under paragraph (5) that there is not a reasonable certainty that no harm will result from aggregate exposure to a substance through food containers composed, in whole or in part, of such substance-- (i) if the substance is not defined as a food contact substance under the Federal Food, Drug, and Cosmetic Act, the substance shall be subject to sections 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act, subject to the process under subparagraph (B); and (ii) if the substance is defined as a food contact substance under the Federal Food, Drug, and Cosmetic Act, the substance shall be subject to subparagraph (C). (B) Treatment of substances that are not defined as food contact substances.--The process under this subparagraph is as follows: (i) One year after the determination under paragraph (5) for a substance subject to the process under this subparagraph-- (I) any regulation issued under section 409 of the Federal Food, Drug, and Cosmetic Act that authorizes any use of the substance as a food additive (including sections 177.1580, 177.1440, 177.2280, and 175.300(b)(3)(viii) of title 21, Code of Federal Regulations, as in effect on the date of enactment of this Act); and (II) any sanction or approval as described in section 201(s)(4) of such Act regarding such substance, shall be deemed revoked. (ii) Upon receipt of a food contact notification for a food contact substance containing a substance subject to the process under this subparagraph, the Secretary shall review the notification under the authority described in sections 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act. (C) Treatment of substances defined as food contact substances.-- (i) One year after the determination under paragraph (5) for a substance that is subject to this subparagraph, all effective notifications for the use of such substance under the authority described in sections 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act shall be reviewed by the Secretary. (ii) Upon receipt of a food contact notification for a food contact substance containing a substance that is subject to this subparagraph, the Secretary shall review the notification under the authority described in sections 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act. (d) Savings Provision.--Nothing in this Act shall affect the right of a State, political subdivision of a State, or Indian tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this Act or that-- (1) applies to a product category not described in this Act; or (2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed, in whole or in part, of bisphenol A. (e) Definitions.--For purposes of this section: (1) Reusable food container.--The term ``reusable food container'' means a reusable food container that does not contain a food item when it is introduced or delivered for introduction into interstate commerce. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. AMENDMENTS TO SECTION 409 OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. Subsection (h) of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(h)(1)) is amended-- (1) in paragraph (1)-- (A) by striking ``manufacturer or supplier for a food contact substance may'' and inserting ``manufacturer or supplier for a food contact substance shall''; (B) by inserting ``(A)'' after ``notify the Secretary of''; (C) by striking ``, and of'' and inserting ``; (B)''; and (D) by striking the period after ``subsection (c)(3)(A)'' and inserting ``; (C) the determination of the manufacturer or supplier that no adverse health effects result from low-dose exposures to the food contact substance; and (D) the determination of the manufacturer or supplier that the substance has not been shown, after tests which are appropriate for the evaluation of the safety of food contact substances, to cause reproductive or developmental toxicity in humans or animals.''; and (2) by striking paragraph (6) and inserting the following: ``(6) In this section-- ``(A) the term `food contact substance' means any substance intended for use as a component of materials used in manufacturing, packing, packaging, transporting, or holding food if such use is not intended to have any technical effect in such food; and ``(B) the term `reproductive or developmental toxicity' means biologically adverse effects on the reproductive systems of female or male humans or animals, including alterations to the female or male reproductive system development, the related endocrine system, fertility, pregnancy, pregnancy outcomes, or modifications in other functions that are dependent on the integrity of the reproductive system.''. SEC. 4. REPORT TO CONGRESS. No later than two years after enactment of this Act and at least once during every two year period thereafter, the Secretary shall submit a report to the Committee on Energy and Commerce of the House of Representatives. Such report shall include-- (1) a list of waivers granted under section 2(b)(1), including a description of the basis each such waiver; (2) a list of substances selected for review under section 2(c)(2) and the anticipated timeline for future selections of additional substances; (3) for each substance reviewed under section 2(c)(5), the outcome of such review, and the anticipated timeline for review of additional substances; (4) a description of all remedial action taken under section 2(c)(6); and (5) for bisphenol A and any other substance determined not to have a reasonable certainty of no harm under section 2(c)(5), a review of the potential alternatives to that substance that are available or being developed for use in food and beverage containers.

Ban Poisonous Additives Act of 2011 - Deems a food to be adulterated if its container: (1) is composed, in whole or in part, of bisphenol A, or (2) can release bisphenol A into food. Authorizes the Secretary of Health and Human Services (HHS) to grant one-year renewable waivers to a facility for a particular container if such facility: (1) demonstrates that it is not technologically feasible to replace bisphenol A in the container or to use an alternative container that does not contain bisphenol A, and (2) submits to the Secretary a plan and timeline for removing bisphenol A from such container. Sets forth labeling requirements for a product granted a waiver. Requires the Secretary, acting through the Commissioner of Food and Drugs (FDA), to review substances in order determine whether there is a reasonable certainty that no harm will result from aggregate exposure to such substance, taking into consideration potential adverse effects from low dose exposure and the effects on vulnerable populations and populations with high exposure. Sets forth remedial actions based on the Secretary's determination. Amends the Federal Food, Drug, and Cosmetic Act to require a manufacturer or supplier of a food contact substance to notify the Secretary of the identity and intended use of any such substance prior to its introduction into interstate commerce and of its determination that: (1) no adverse health effects result from low-dose exposures to such substance; and (2) such substance has not been shown, after tests which are appropriate for the evaluation of the safety of food contact substances, to cause reproductive or developmental toxicity in humans or animals.

To ban the use of bisphenol A in food containers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Equal Representation Act of 2011''. SEC. 2. REPRESENTATION IN CONGRESS FOR DISTRICT OF COLUMBIA. (a) Representation.-- (1) In general.--Notwithstanding any other provision of law, effective with respect to the One Hundred Twelfth Congress and each succeeding Congress, the District of Columbia shall be treated as a State for the purposes of representation in the House of Representatives and the Senate. (2) Classification of senators.--In the first election of Senators from the District of Columbia, the 2 senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the 2 senatorial offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned. (b) Conforming Amendments Relating to Apportionment of Members of House of Representatives.-- (1) Inclusion of district of columbia 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.''. (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,''. (4) Effective date.--This subsection and the amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Twelfth Congress. SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES. (a) Permanent Increase in Number of Members.--Effective with respect to the One Hundred Twelfth Congress and each succeeding Congress, the House of Representatives shall be composed of 436 Members, including any Members representing the District of Columbia pursuant to section 2(a). (b) Reapportionment of Members Resulting From Increase.-- (1) In general.--Section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the then existing number of Representatives'' and inserting ``the number of Representatives established with respect to the One Hundred Twelfth Congress''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2020 and each subsequent regular decennial census. SEC. 4. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE. (a) Repeal of Office.--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) Effective Date.--The amendments made by this section shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Twelfth Congress. SEC. 5. PROVIDING FOR ELECTIONS FOR HOUSE MEMBERS AND SENATORS FROM DISTRICT OF COLUMBIA. (a) Application of 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, Senator,''. (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, United States Senator and Representative,'' and inserting ``the Representative in the Congress, Senator,''. (3) In section 8 (sec. 1-1001.08, D.C. Official Code)-- (A) in the heading, by striking ``Delegate'' and inserting ``Representative, Senator,''; 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, Senator,''. (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; (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); and (D) by amending subsection (d)(3) to read as follows: ``(3) In the event of a vacancy in the office of Senator, the Mayor shall appoint a successor to complete the remainder of the term of office.''. (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, Senator,''. (6) In section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by striking ``Delegate,'' and inserting ``Representative in the Congress, Senator,''. (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 and Senator''. (b) Effective Date.--The amendments made by this section shall apply with respect to the election of the first Representative and Senators from the District of Columbia pursuant to this Act and each subsequent election of Representatives and Senators from the District of Columbia pursuant to this Act. SEC. 6. REPEAL OF OFFICES OF STATEHOOD REPRESENTATIVE AND SENATOR. (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 by striking subsections (d), (e), (f), and (g). (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 ``24 voting members''; (ii) by adding ``and'' at the end of paragraph (4); and (iii) by striking paragraphs (5) and (6) and redesignating paragraph (7) as paragraph (5); and (B) in subsection (a-1)(1), by striking subparagraphs (F), (G), and (H). (2) Authorization of appropriations.--Section 8 of such Initiative (sec. 1-127, D.C. Official Code) is repealed. (3) Application of honoraria limitations.--Section 4 of D.C. Law 8-135 (sec. 1-131, D.C. Official Code) is repealed. (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 repealed. (5) District of columbia elections code of 1955.--Section 2(13) of the District of Columbia Elections Code of 1955 (sec. 1-1001.02(13), D.C. Official Code) is amended by striking ``United States Senator and Representative,''. (c) Effective Date.--The amendments made by this section shall take effect upon the taking office of the first Representative and Senators from the District of Columbia pursuant to this Act. SEC. 7. EXPEDITED JUDICIAL REVIEW. If any action is brought to challenge the constitutionality of any provision of this Act or any amendment made by this Act, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and shall be heard by a 3- judge court convened pursuant to section 2284 of title 28, United States Code. (2) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (3) A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (4) It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. SEC. 8. NONSEVERABILITY OF PROVISIONS. If any provision of section 2(a), 2(b)(1), or 3, or any amendment made by any such section, is declared or held invalid or unenforceable, the remaining provisions of this Act and any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law.

District of Columbia House Equal Representation Act of 2011 - Treats the District of Columbia as a state for purposes of representation in the House of Representatives and in the Senate. Prescribes requirements for classification of Senators for the District. Applies to the District in the same manner as it applies to a state the federal law providing for the 15th and subsequent decennial censuses and for apportionment of Representatives in Congress. Modifies the formula regarding the number of presidential electors to subject it to the 23rd amendment to the Constitution in the case of the District. Increases membership of the House from 435 to 436 Members. Provides for a reapportionment of Members resulting from such increase. Repeals provisions of: (1) the District of Columbia Delegate Act establishing the office of District of Columbia Delegate to the House of Representatives; and (2) the District of Columbia Statehood Constitution Convention Initiative of 1979 providing for election of a Senator and Representative for the District. Makes conforming amendments to the District of Columbia Elections Code of 1955. Sets forth procedures for expedited judicial review of any action brought to challenge the constitutionality of any provision of this Act or any amendment made by it.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spring Mountains National Recreation Area Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) National forest lands.--The term ``National Forest lands'' means lands included in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))). (2) Recreation area.--The term ``Recreation Area'' means the Spring Mountains National Recreation Area established by this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) preserve scenic, scientific, historic, cultural, natural, wilderness, watershed, riparian, wildlife, threatened and endangered species, and other values contributing to public enjoyment and biological diversity in the Spring Mountains of Nevada; (2) ensure appropriate conservation and management of natural and recreation resources in the Spring Mountains; and (3) provide for the development of public recreation opportunities in the Spring Mountains for the enjoyment of present and future generations. SEC. 4. ESTABLISHMENT OF RECREATION AREA. (a) In General.--Subject to valid existing rights, there is established the Spring Mountains National Recreation Area in Nevada. (b) Boundaries and Map.--The Recreation Area shall consist of approximately 316,000 acres of federally owned lands and interests therein in the Toiyabe National Forest, as generally depicted on a map entitled ``Spring Mountain National Recreation Area--Proposed'', numbered NV-CH, and dated August 2, 1992. (c) Map Filing.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map of the Recreation Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. (d) Public Inspection.--The map shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture. (e) Discrepancies.--In the case of any discrepancy between or among the acreage referred to in subsection (b) and the map described in subsection (b), the map described in subsection (b) shall control any question concerning the boundaries of the Recreation Area. SEC. 5. MANAGEMENT. (a) In General.--The Secretary, acting through the Chief of the Forest Service, shall manage the Recreation Area in accordance with the laws, rules, and regulations pertaining to the National Forest System and this Act to provide for-- (1) the conservation of scenic, scientific, historic, cultural, and other values contributing to public enjoyment; (2) the conservation of fish and wildlife populations and habitat, including the use of prescribed fire to improve or maintain habitat; (3) the protection of watersheds and the maintenance of free flowing streams and the quality of ground and surface waters in accordance with applicable law; (4) public outdoor recreation benefits, including, but not limited to, hunting, fishing, trapping, hiking, horseback riding, backpacking, rock climbing, camping, and nature study; (5) wilderness areas as designated by Congress; and (6) the management and use of natural resources in a manner compatible with the purposes for which the Recreation Area is established. (b) Hunting, Trapping, and Fishing.-- (1) In general.--Subject to paragraph (2), the Secretary shall permit hunting, trapping, fishing, and habitat management within the Recreation Area in accordance with the laws of the United States and the State of Nevada. (2) Exceptions.--The Secretary, in consultation with the Nevada Department of Wildlife, may designate zones where and periods when hunting, trapping, or fishing shall not be permitted for reasons of public safety, administration, or public use and enjoyment. (c) Grazing.--The grazing of livestock on Federal lands may be permitted to continue pursuant to Federal law and subject to such reasonable regulations, policies, and practices as the Secretary considers necessary. (d) Preventive Measures.--Nothing in this Act shall preclude such reasonable measures as the Secretary considers necessary to protect the land and resources from fire or insect or disease infestation in the Recreation Area. SEC. 6. MANAGEMENT PLAN. (a) In General.-- (1) Procedures.--Not later than 3 full fiscal years after the date of enactment of this Act, the Secretary shall develop a general management plan for the Recreation Area as an amendment to the Toiyabe National Forest Land and Resource Management Plan. Such an amendment shall reflect the establishment of the Recreation Area and be consistent with the provisions of this Act, except that nothing in this Act shall require the Secretary to revise the Toiyabe National Forest Land and Resource Management Plan pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974. The provisions of the national forest land and resource management plan relating to the recreation area shall also be available to the public in a document separate from the rest of the forest plan. (2) Contents.--The management plan described in paragraph (1) shall be developed with full public participation and shall include-- (A) implementation plans for a continuing program of interpretation and public education about the resources and values of the Recreation Area; (B) proposals for public facilities to be developed, expanded, or improved for the Recreation Area, including one or more visitor centers to accommodate both local and out-of-State visitors; (C) plans for the management of natural and cultural resources in the Recreation Area, with emphasis on the preservation and long-term scientific use of archaeological resources, with priority in development given to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the Recreation Area; (D) wildlife and fish resource management plans for the Recreation Area prepared in consultation with appropriate departments of the State of Nevada and using other available studies of the Recreation Area; (E) recreation management plans for the Recreation Area in consultation with appropriate departments of the State of Nevada; (F) wild horse and burro herd management plans for the Recreation Area prepared in consultation with appropriate departments and commissions of the State of Nevada; and (G) an inventory of all lands within the Recreation Area not presently managed as National Forest lands that will permit the Secretary to evaluate possible future acquisitions. (3) Consultation.--The plans for the management of natural and cultural resources described in paragraph (2)(C) shall be prepared in consultation with the Advisory Council on Historic Preservation established by title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.) and the Nevada State Department of Conservation and Natural Resources, Division of Historic Preservation and Archaeology. (b) Wilderness Study Areas.-- (1) Recommendations.--The general management plan for the Recreation Area shall include the recommendations of the Bureau of Land Management as to the suitability or nonsuitability for preservation as wilderness those lands within the Recreation Area identified as the Mt. Stirling, La Madre Mountains, and Pine Creek Wilderness Study Areas on the Bureau of Land Management Wilderness Status Map, dated March 1990. (2) Management.--Pending submission of a recommendation and until otherwise directed by Act of Congress, the Secretary, acting through the Chief of the Forest Service, shall manage the lands and waters within the wilderness study areas referred to in paragraph (1) so as to maintain their potential for inclusion within the National Wilderness Preservation System. SEC. 7. ACQUISITION OF LANDS. (a) In General.--The Secretary is authorized to acquire lands and interests therein within the boundaries of the Recreation Area by donation, purchase with donated or appropriated funds, exchange, or transfer from another Federal agency, except that such lands or interests owned by the State of Nevada or a political subdivision thereof may be acquired only by donation or exchange. (b) Incorporation of Acquired Lands.--Any lands, waters, or interests in lands or interests therein located within the Recreation Area that are acquired by the United States or administratively transferred to the Secretary after the date of enactment of this Act shall be incorporated into the Recreation Area and managed in accordance with the laws, rules, and regulations applicable to the National Forest System and the provisions of this Act. (c) Land and Water Conservation Fund.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), where such boundaries are established for units of the National Forest System, such established boundaries shall be treated as if they were the boundaries of the National Forests as of January 1, 1965. Money appropriated from the Land and Water Conservation Fund shall be available for the acquisition of lands and interests therein in furtherance of the purposes of this Act. SEC. 8. WITHDRAWAL. (a) In General.--Subject to valid existing rights and except for lands described in subsection (b), all Federal lands within the Recreation Area are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. (b) Exception.--The lands referred to in subsection (a) are described as follows: W\1/2\E\1/2\ and W\1/2\, Sec. 27, T23S, R58E, Mt. Diablo Meridian. SEC. 9. COOPERATIVE AGREEMENTS. In order to encourage unified and cost-effective management and interpretation of natural and cultural resources in southern Nevada, the Secretary may enter into cooperative agreements with other Federal, State, and local agencies, and with nonprofit entities, that provide for the management and interpretation of natural and cultural resources. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Spring Mountains National Recreation Area Act - Establishes the Spring Mountains National Recreation Area in Nevada. Requires the Secretary of Agriculture to develop a general management plan for the Area as an amendment to the Toiyabe National Forest Land and Resource Management Plan. Requires inclusion in the plan of any Bureau of Land Management recommendations as to the suitability or nonsuitability of specified lands within the Areas for preservation as wilderness. Directs the Secretary, acting through the Chief of the Forest Service, to manage the lands and waters within the wilderness study areas to maintain their potential for inclusion within the National Wilderness Preservation System, pending submission of such recommendation and until otherwise directed by an Act of the Congress. Authorizes the Secretary to acquire lands and interests within the boundaries of the Area by donation, purchase with donated or appropriated funds, exchange, or transfer from another Federal agency, except that such lands or interests owned by the State of Nevada or a political subdivision may be acquired only by donation or exchange. Withdraws all Federal lands within the Area from public land and mining laws (including mineral and geothermal leasing). Authorizes appropriations.

Spring Mountains National Recreation Area Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Belarus Democracy Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States supports the promotion of democracy, respect for human rights, and the rule of law in the Republic of Belarus consistent with its commitments as a participating state of the Organization for Security and Cooperation in Europe (OSCE); (2) the United States has a vital interest in the independence and sovereignty of the Republic of Belarus and its integration into the European community of democracies; (3) the last parliamentary election in Belarus deemed to be free and fair by the international community was conducted in 1995 from which emerged the 13th Supreme Soviet whose democratically and constitutionally derived authorities and powers have been usurped by the authoritarian regime of Aleksandr Lukashenka; (4) in November 1996, Belarusian President Aleksandr Lukashenka orchestrated an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolish the duly-elected parliament, the 13th Supreme Soviet, install a largely powerless National Assembly, and extend his term of office to 2001; (5) in May 1999, Belarusian democratic forces challenged Lukashenka's unconstitutional extension of his presidential term by staging alternative presidential elections which were met with repression; (6) Belarusian democratic forces have organized peaceful demonstrations against the Lukashenka regime in cities and towns throughout Belarus which led to beatings, mass arrests, and extended incarcerations; (7) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, who have been leaders and supporters of the democratic forces, and Dmitry Zavadsky, a journalist known for his critical reporting, have disappeared and are presumed dead; (8) former Belarus government officials have come forward with credible allegations and evidence that top officials of the Lukashenka regime were involved in the disappearances; (9) the Lukashenka regime in Belarus systematically harasses and represses the independent media and actively suppresses freedom of speech and expression; (10) the Lukashenka regime harasses the autocephalic Belarusian Orthodox Church, the Roman Catholic Church, evangelical Protestant churches, and other minority religious groups; (11) the United States, the European Union, the North Atlantic Treaty Organization (NATO) Parliamentary Assembly, and the OSCE Parliamentary Assembly do not recognize the National Assembly; (12) the parliamentary elections of October 15, 2000, conducted in the absence of a democratic election law, were illegitimate, unconstitutional, plagued by violent human rights abuses committed by the Lukashenka regime, and determined to be non-democratic by the OSCE; and (14) the presidential election of September 9, 2001, was determined by the OSCE and other observers to be fundamentally unfair and failed to meet the OSCE commitments for democratic elections formulated in the 1990 Copenhagen Document and featured significant and abusive misconduct by the Lukashenka regime, including-- (A) the harassment, arrest, and imprisonment of opposition members; (B) the denial of equal and fair access by opposition candidates to the state-controlled media; (C) the seizure of equipment and property of independent nongovernmental organizations and press organizations and the harassment of their staff and management; (D) voting and vote counting procedures that were not transparent; and (E) a campaign of intimidation directed against opposition activists, domestic election observation organizations, opposition and independent media, and a libelous media campaign against international observers. SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS. (a) Purposes of Assistance.--The assistance under this section shall be available for the following purposes: (1) To assist the people of the Republic of Belarus in regaining their freedom and to enable them to join the international community of democracies. (2) To encourage free and fair presidential, parliamentary, and local elections in Belarus, conducted in a manner consistent with internationally accepted standards and under the supervision of internationally recognized observers. (3) To assist in restoring and strengthening institutions of democratic government in Belarus. (b) Authorization for Assistance.--To carry out the purposes of subsection (a), the President is authorized to furnish assistance and other support for the activities described in subsection (c), to be provided primarily for indigenous Belarusian groups that are committed to the support of democratic processes. (c) Activities Supported.--Activities that may be supported by assistance under subsection (b) include-- (1) the observation of elections and the promotion of free and fair electoral processes; (2) development of democratic political parties; (3) radio and television broadcasting to and within Belarus; (4) the development of nongovernmental organizations promoting democracy and supporting human rights both in Belarus and abroad; (5) the development of independent media working within Belarus and from locations outside of Belarus and supported by nonstate-controlled printing facilities; (6) international exchanges and advanced professional training programs for leaders and members of the democratic forces in skill areas central to the development of civil society; and (7) other activities consistent with the purposes of this Act. (d) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the President to carry out this section $40,000,000 for fiscal years 2003 and 2004. (2) Availability of funds.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 4. RADIO BROADCASTING TO BELARUS. (a) Purpose.--It is the purpose of this section to authorize increased support for United States Government and surrogate radio broadcasting to the Republic of Belarus that will facilitate the unhindered dissemination of information. (b) Authorization of Appropriations.--In addition to such sums as are otherwise authorized to be appropriated, there is authorized to be appropriated $5,000,000 for each fiscal year for Voice of America and RFE/RL, Incorporated for radio broadcasting to the people of Belarus in languages spoken in Belarus. (c) Reporting on Radio Broadcasting to and in Belarus.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on how funds appropriated and allocated pursuant to the authorizations of appropriations under subsection (b) and section 3(d) will be used to provide AM and FM broadcasting that covers the territory of Belarus and delivers independent and uncensored programming. SEC. 5. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS. (a) Application of Sanctions.--The sanctions described in subsections (c) through (f) shall apply with respect to the Republic of Belarus until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b). (b) Conditions.--The conditions referred to in subsection (a) are the following: (1) The release of individuals in Belarus who have been jailed based on political beliefs. (2) The withdrawal of politically motivated legal charges against all opposition figures in Belarus. (3) A full accounting of the disappearances of opposition leaders and journalists in Belarus, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of those individuals who are responsible for their disappearances. (4) The cessation of all forms of harassment and repression against the independent media, nongovernmental organizations, and the political opposition in Belarus. (5) The implementation of free and fair presidential and parliamentary elections in Belarus consistent with OSCE standards on democratic elections and in cooperation with relevant OSCE institutions. (c) Denial of Entry Into the United States of Belarusian Officials.--It is the sense of Congress that the President should use his authority under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to deny the entry into the United States of any alien who-- (1) holds a position in the senior leadership of the Government of Belarus; or (2) is a spouse, minor child, or agent of a person inadmissible under paragraph (1). (d) Prohibition on Strategic Exports to Belarus.-- (1) Prohibition.--No computers, computer software, goods or technology intended to manufacture or service computers, or any other related goods or technology may be exported to Belarus for use by the Government of Belarus, or by its military, police, prison system, or national security agencies. The prohibition of the preceding sentence shall not apply with respect to the export of goods or technology for democracy- building or humanitarian purposes. (2) Rule of construction.--Nothing in this subsection shall prevent the issuance of licenses to ensure the safety of civil aviation and safe operation of United States-origin commercial passenger aircraft and to ensure the safety of ocean-going maritime traffic in international waters. (e) Prohibition on Loans and Investment.-- (1) United states government financing.--No loan, credit guarantee, insurance, financing, or other similar financial assistance may be extended by any agency of the United States Government (including the Export-Import Bank and the Overseas Private Investment Corporation) to the Government of Belarus, except with respect to the provision of humanitarian goods and agricultural or medical products. (2) Trade and development agency.--No funds available to the Trade and Development Agency may be available for activities of the Agency in or for Belarus. (f) Denial of Generalized System of Preferences (GSP).-- (1) Finding and declaration of policy.--Congress-- (A) finds that the Government of Belarus has failed to respect internationally recognized worker rights; and (B) approves the decision of the President to deny duty-free tariff treatment under title V of the Trade Act of 1974 to eligible articles of the Republic of Belarus. (2) Denial of gsp benefits.--The President shall continue to deny duty-free treatment for eligible articles of Belarus in accordance with the provisions of title V of the Trade Act of 1974 and this section. (g) Multilateral Financial Assistance.--It is the sense of Congress that, in addition to the application of the sanctions described in subsections (c) through (f) to the Republic of Belarus (until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (b)), the Secretary of the Treasury should instruct the United States Executive Director of each international financial institution to which the United States is a member to use the voice and vote of the United States to oppose any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Belarus, except for loans and assistance that serve humanitarian needs. (h) Waiver.--The President may waive the application of any sanction described in this section with respect to Belarus if the President determines and certifies to the appropriate congressional committees that it is important to the national interests of the United States to do so. SEC. 6. MULTILATERAL COOPERATION It is the sense of Congress that the President should continue to seek to coordinate with other countries, particularly European countries, a comprehensive, multilateral strategy to further the purposes of this Act, including, as appropriate, encouraging other countries to take measures with respect to the Republic of Belarus that are similar to measures described in this Act. SEC. 7. REPORT. (a) Report.--Not later than 90 days after the date of enactment of this Act, and every year thereafter, the President shall transmit to the appropriate congressional committees a report that describes, with respect to the preceding 12-month period, the following: (1)(A) The sale or delivery of weapons or weapons-related technologies from the Republic of Belarus to any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. app. 2405(j)(1)), has repeatedly provided support for acts of international terrorism. (B) An identification of each country described in subparagraph (A) and a detailed description of the weapons or weapons-related technologies involved in the sale. (C) An identification of the goods, services, credits, or other consideration received by Belarus in exchange for the weapons or weapons-related technologies. (2) The personal assets and wealth of Aleksandr Lukashenka and other senior leadership of the Government of Belarus. (b) Form.--A report transmitted pursuant to subsection (a) shall be in unclassified form but may contain a classified annex. SEC. 8. DECLARATION OF POLICY. Congress hereby-- (1) expresses its support to those in the Republic of Belarus seeking-- (A) to promote democracy and the rule of law and to consolidate the independence and sovereignty of Belarus; and (B) to promote its integration into the European community of democracies; (2) expresses its grave concern about the disappearances of Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky; (3) calls upon the Lukashenka regime to cease its persecution of political opponents and to release those individuals who have been imprisoned for opposing his regime; (4) calls upon the Lukashenka regime to end the pattern of clear, gross, and uncorrected violations of relevant Organization for Security and Cooperation in Europe (OSCE) human dimension commitments and to respect the basic freedoms of speech, expression, assembly, association, language, culture, and religion or belief; (5) calls upon the Government of the Russian Federation to use its influence to encourage democratic development in Belarus so that Belarus can become a democratic, prosperous, sovereign, and independent state that is integrated into Europe; (6) calls upon the Government of Belarus to resolve the continuing constitutional and political crisis through free, fair, and transparent presidential and parliamentary elections, including, as called for by the OSCE, through respect for human rights, an end to the current climate of fear, meaningful access by the opposition to state media, modification of the electoral code in keeping with OSCE commitments, engagement in genuine talks with the opposition, and modifications to allow for genuine authority for the parliament; and (7) commends the democratic opposition in Belarus for their commitment to freedom, their courage in the face of the repression of the Lukashenka regime in Belarus, and the emergence of a pluralist civil society in Belarus--the foundation for the development of democratic political structures. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) OSCE.--The term ``OSCE'' means the Organization for Security and Cooperation in Europe. (3) Senior leadership of the government of belarus.--The term ``senior leadership of the Government of Belarus'' includes-- (A) the President, Prime Minister, Deputy Prime Ministers, government ministers, Chairmen of State Committees, and members of the Presidential Administration of Belarus; (B) any official of the Government of Belarus who is personally and substantially involved in the suppression of freedom in Belarus, including judges and prosecutors; and (C) any other individual determined by the Secretary of State (or the Secretary's designee) to be personally and substantially involved in the formulation or execution of the policies of the Lukashenka regime that are in contradiction of internationally recognized human rights standards.

Belarus Democracy Act of 2002 - Authorizes the President to support primarily indigenous Belarusian groups that are committed to the support of democratic processes in various activities that may include: (1) observation of elections and the promotion of free and fair electoral processes, including the development of democratic political parties; (2) development of independent media supported by nonstate-controlled printing facilities; (3) support of human rights; and (4) establishment of international exchanges and advanced professional training programs for leaders and members of democratic forces that foster the growth of civil society.Places economic sanctions on Belarus and bars senior Belarusian leaders and their immediate relations from entering the United States. Allows sanctions to be lifted only if the Belarusian Government meets specific democratic conditions. Affirms solidarity with the democratic forces in Belarus and calls upon the Government of Belarus to permit basic freedoms and allow free, fair and transparent presidential and parliamentary elections. Calls upon the Russian Government to use its influence to encourage democratic development in Belarus so that it can become an independent state that is integrated into Europe.

To provide for the promotion of democracy, human rights, and rule of law in the Republic of Belarus and for the consolidation and strengthening of Belarus sovereignty and independence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Agent Orange Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Exposed employee.--The term ``exposed employee'' means an individual who-- (A) during the Vietnam conflict-- (i) was a civilian employee of the Federal Government, or an employee of a contractor (or subcontractor at any tier) of the Department of Defense; and (ii) while so employed, was-- (I) physically present in the Republic of Vietnam during the period beginning January 9, 1962, and ending on May 7, 1975; or (II) in or near the Korean demilitarized zone during the period beginning September 1, 1967, and ending on August 31, 1971; (B) contracted an Agent Orange illness; and (C) suffered injury or death by reason of that illness. (2) Agent orange illness.--The term ``Agent Orange illness'' means an illness listed by the National Institute of Medicine as having at least a limited or suggestive association with 2,4-dichlorophenoxyacetic acid (2,4-D), 1,4,5- trichlorophenoxyacetic acid (2,4,5-T), 4-amino-3,5,6- trichloropicolinic acid (picloram), and cacodylic acid (dimenthylarsenic acid, DMA), and 2,3,7,8-tetrachlorodibenzo-p- dioxin (TCDD, or dioxin). SEC. 3. COMPENSATION PROGRAM. (a) In General.--There is hereby established a program to be known as the ``Agent Orange Illness Compensation Program'' (in this Act referred to as the ``compensation program''), to be carried out by the Attorney General. (b) Purpose.--The purpose of the compensation program is to provide for timely, uniform, and adequate compensation of exposed employees and, where applicable, survivors of such employees, suffering from Agent Orange illnesses incurred by such employees. SEC. 4. COMPENSATION FUND. (a) Establishment.--There is hereby established on the books of the Treasury a fund to be known as the ``Agent Orange Illness Compensation Fund'' (in this Act referred to as the ``compensation fund''). (b) Amounts.--The compensation fund shall consist of the following amounts: (1) Amounts appropriated to the compensation fund pursuant to an authorization of appropriations. (2) Amounts transferred to the compensation fund. (c) Financing.--Upon the exhaustion of amounts in the compensation fund, the Secretary of the Treasury shall transfer directly to the compensation fund from the General Fund of the Treasury, without further appropriation, such amounts as are further necessary to carry out the compensation program. (d) Use.--Subject to subsection (e) of this section, amounts in the compensation fund shall be used to carry out the compensation program. (e) Administrative Costs not Paid From Fund.--No cost incurred in carrying out the compensation program, or in administering the compensation fund, shall be paid from the compensation fund. (f) Monetary Allowance not to Be Considered as Income or Resources for Certain Purposes.--Notwithstanding any other provision of law, a monetary allowance paid an individual under this Act shall not be considered as income or resources in determining eligibility for, or the amount of benefits under any Federal or federally assisted program. (g) Investment.--Amounts in the compensation fund shall be invested in accordance with section 9702 of title 31, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the compensation fund. (h) Authorization of Appropriations.--There is hereby authorized to be appropriated $100,000,000 to the compensation fund. SEC. 5. COMPENSATION TO BE PROVIDED. (a) In General.--An exposed employee, or the eligible survivor of that employee if the employee is deceased, shall receive compensation for the injury, illness, or death of that employee from that employee's Agent Orange illness in an amount determined under subsection (b). (b) Amount.--For each exposed employee, the Attorney General shall provide compensation in the amount of $100,000. (c) Payments in the Case of Deceased Persons.-- (1) Survivors eligible.--In the case of an exposed employee who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the employee's Agent Orange illness, such payment may be made only as follows: (A) If the employee is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the employee who-- (i) had not yet attained the age of 18 when the employee died or was permanently or totally disabled before the age of 18; and (ii) are living at the time of payment. (2) Claims.--If an employee eligible for payment dies before filing a claim under this Act, a survivor of that employee who may receive payment under paragraph (1) may file a claim for such payment. (3) Definitions.--For purposes of this subsection-- (A) the ``spouse'' of an individual is a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual; and (B) a ``child'' includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child. (d) Children With Spina Bifida.--In any case in which a child of an exposed employee is born with spina bifida by reason of that employee's exposure to Agent Orange, that child shall directly receive compensation in an amount determined under subsection (b). SEC. 6. CLAIMS PROCESSING. (a) In General.--Subject to subsections (b), (c), and (d), the Attorney General shall specify standards and criteria for filing applications and for processing, determining, and paying claims. (b) Deadline.--A claim not filed within 20 years after the date of the enactment of this Act is void. (c) Written Medical Documentation.--Payment may not be made on a claim except on written medical evidence that the Attorney General, in consultation with the Surgeon General, determines to be adequate. (d) Review.--Unless otherwise specified by the Attorney General, any determination on a claim under this Act is not subject to administrative or judicial review. SEC. 7. IMPLEMENTATION. (a) In General.--The Attorney General shall prescribe regulations to implement this Act. SEC. 8. OFFSET FOR CERTAIN OTHER PAYMENTS. A payment of compensation to an individual, or to a survivor of that individual, under this Act shall be offset by the amount of any payment made pursuant to a final award or settlement on a claim, against any person, that is based on the same illness, injury, or death of that individual on account of exposure to Agent Orange herbicides.

Civilian Agent Orange Act of 2006 - Establishes: (1) the Agent Orange Illness Compensation Program to be carried out by the Attorney General; and (2) the Agent Orange Illness Compensation Fund in the Treasury. Entitles an eligible exposed employee, or the eligible survivor of such employee, to $100,000 compensation. Defines an "exposed employee" as an individual who: (1) was a civilian employee of the federal government, an employee of a contractor, or subcontractor at any tier of the Department of Defense; (2) was an employee present in the Republic of Vietnam or in or near the Korean demilitarized zone during the period beginning September 1, 1976, and ending on August 31, 1971; and (3) suffered injury or death by reason of an Agent Orange illness. Defines "eligible survivors" as the surviving spouse or, if there is no surviving spouse, all surviving children of the employee who had not yet attained the age of 18 when the employee died or was permanently disabled. Offsets a payment of any compensation made under this Act by any claim paid on the basis of the same illness or death due to exposure to Agent Orange herbicides.

To provide compensation to individuals who, during the Vietnam conflict, were employees of the Federal Government or contractor employees of the Department of Defense and suffered disability or death from exposure to Agent Orange.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Lyme disease is a common but frequently misunderstood illness that, if not caught early and treated properly, can cause serious health problems. (2) Lyme disease is a bacterial infection that is transmitted by a tick bite. Early signs of infection may include a rash and flu-like symptoms such as fever, muscle aches, headaches, and fatigue. (3) Although Lyme disease can be treated with antibiotics if caught early, the disease often goes undetected because it mimics other illnesses or may be misdiagnosed. Untreated, Lyme disease can lead to severe heart, neurological, eye, and joint problems because the bacteria can affect many different organs and organ systems. (4) If an individual with Lyme disease does not receive treatment, such individual can develop severe heart, neurological, eye, and joint problems. (5) Although Lyme disease accounts for 90 percent of all vector-borne infections in the United States, the ticks that spread Lyme disease also spread other disorders, such as ehrlichiosis, babesiosis, and other strains of Borrelia. All of these diseases in 1 patient makes diagnosis and treatment more difficult. (6) Although tick-borne disease cases have been reported in 49 States and the District of Columbia, about 90 percent of the 15,000 cases have been reported in the following 10 States: Connecticut, Pennsylvania, New York, New Jersey, Rhode Island, Maryland, Massachusetts, Minnesota, Delaware, and Wisconsin. Studies have shown that the actual number of tick-borne disease cases are approximately 10 times the amount reported due to poor surveillance of the disease. (7) Persistence of symptomatology in many patients without reliable testing makes treatment of patients more difficult. SEC. 2. ESTABLISHMENT OF A TICK-BORNE DISORDERS ADVISORY COMMITTEE. (a) Establishment of Committee.--Not later than 180 days after the date of enactment of this Act, there shall be established an advisory committee to be known as the Tick-Borne Disorders Advisory Committee (referred to in this Act as the ``Committee'') organized in the Office of the Secretary. (b) Duties.--The Committee shall advise the Secretary and Assistant Secretary of Health regarding how to-- (1) assure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne disorders; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing tick- borne disorders; and (3) develop informed responses to constituency groups regarding the Department of Health and Human Services' efforts and progress. (c) Membership.-- (1) Appointed members.-- (A) In general.--The Secretary of Health and Human Services shall appoint voting members to the Committee from among the following member groups: (i) Scientific community members. (ii) Representatives of tick-borne disorder voluntary organizations. (iii) Health care providers. (iv) Patient representatives who are individuals who have been diagnosed with tick- borne illnesses or who have had an immediate family member diagnosed with such illness. (v) Representatives of State and local health departments and national organizations who represent State and local health professionals. (B) Requirement.--The Secretary shall ensure that an equal number of individuals are appointed to the Committee from each of the member groups described in clauses (i) through (v) of subparagraph (A). (2) Ex officio members.--The Committee shall have nonvoting ex officio members determined appropriate by the Secretary. (d) Co-chairpersons.--The Assistant Secretary of Health shall serve as the co-chairperson of the Committee with a public co-chairperson chosen by the members described under subsection (c). The public co- chairperson shall serve a 2-year term and retain all voting rights. (e) Term of Appointment.--All members shall be appointed to serve on the Committee for 4 year terms. (f) Vacancy.--If there is a vacancy on the Committee, such position 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. (g) Meetings.--The Committee shall hold public meetings, except as otherwise determined by the Secretary, giving notice to the public of such, and meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items can be added at the request of the Committee members, as well as the co-chairpersons. Meetings shall be conducted, and records of the proceedings kept as required by applicable laws and Departmental regulations. (h) Reports.-- (1) In general.--Not later than 24 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under this Act. (2) Content.--Such reports shall describe-- (A) progress in the development of accurate diagnostic tools that are more useful in the clinical setting; and (B) the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding clinical and surveillance practices for Lyme disease and other tick-borne disorders. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act, $250,000 for each of fiscal years 2003 and 2004. Amounts appropriated under this subsection 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 (5 U.S.C. App.), except that no voting member of the Committee shall be a permanent salaried employee. SEC. 3. AUTHORIZATION FOR RESEARCH FUNDING. There are authorized to be appropriated $10,000,000 for each of fiscal years 2003 through 2007 to provide for research and educational activities concerning Lyme disease and other tick-borne disorders, and to carry out efforts to prevent Lyme disease and other tick-borne disorders. SEC. 4. GOALS. It is the sense of the Senate that, in carrying out this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting as appropriate in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, the Committee, and other agencies, should consider carrying out the following: (1) Five-year plan.--It is the sense of the Senate that the Secretary should consider the establishment of a plan that, for the five fiscal years following the date of the enactment of this Act, provides for the activities to be carried out during such fiscal years toward achieving the goals under paragraphs (2) through (4). The plan should, as appropriate to such goals, provide for the coordination of programs and activities regarding Lyme disease and other tick-borne disorders that are conducted or supported by the Federal Government. (2) First goal: diagnostic test.--The goal described in this paragraph is to develop a diagnostic test for Lyme disease and other tick-borne disorders for use in clinical testing. (3) Second goal: surveillance and reporting of lyme disease and other tick-borne disorders.--The goal described in this paragraph is to accurately determine the prevalence of Lyme disease and other tick-borne disorders in the United States. (4) Third goal: prevention of lyme disease and other tick- borne disorders.--The goal described in this paragraph is to develop the capabilities at the Department of Health and Human Services to design and implement improved strategies for the prevention and control of Lyme disease and other tick-borne diseases. Such diseases may include Masters' disease, ehrlichiosis, babesiosis, other bacterial, viral and rickettsial diseases such as tularemia, tick-borne encephalitis, Rocky Mountain Spotted Fever, and bartonella, respectively. Passed the Senate October 17, 2002. Attest: JERI THOMSON, Secretary.

(Sec. 2) Establishes the Tick-Borne Disorders Advisory Committee in the Office of the Secretary of Health and Human Services (HHS). Directs the Committee to advise the Secretary and the Assistant Secretary of HHS regarding how to: (1) assure interagency coordination and communication in efforts to address tick-borne disorders; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations; and (3) develop informed responses to constituency groups regarding HHS' efforts and progress.Authorizes appropriations for FY 2003 and 2004 to fund the Committee in accordance with the Federal Advisory Committee Act.(Sec. 3) Authorizes appropriations for FY 2003 through 2007 for: (1) research and educational activities concerning Lyme disease and other tick-borne disorders; and (2) efforts to prevent such illnesses.Expresses the sense of the Senate that to achieve the goals of this Act, the Secretary, acting with appropriate consultation, should consider carrying out a five-year plan providing for the coordination of programs and activities.(Sec. 4) States as goals: (1) the development of a diagnostic test for Lyme disease and other tick-borne disorders for use in clinical testing; (2) the determination of the prevalence of such diseases in the United States; and (3) the development of the capability at HHS to design and implement improved strategies for the prevention and control of such diseases.

A bill to establish a Tick-Borne Disorders Advisory Committee, and for other purposes.

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Railroad Track Modernization Act of 2001''. SEC. 2. CAPITAL GRANTS FOR RAILROAD TRACK. (a) Amendment.--Chapter 223 of title 49, United States Code, is amended to read as follows: ``CHAPTER 223--CAPITAL GRANTS FOR RAILROAD TRACK ``Sec. ``22301. Capital grants for railroad track. ``Sec. 22301. Capital grants for railroad track ``(a) Establishment of Program.-- ``(1) Establishment.--The Secretary of Transportation shall establish a program of capital grants for the rehabilitation, preservation, or improvement of railroad track (including roadbed, bridges, and related track structures) of class II and class III railroads. Such grants shall be for rehabilitating, preserving, or improving track used primarily for freight transportation to a standard ensuring that the track can be operated safely and efficiently, including grants for rehabilitating, preserving, or improving track to handle 286,000 pound rail cars. Grants may be provided under this chapter-- ``(A) directly to the class II or class III railroad; or ``(B) with the concurrence of the class II or class III railroad, to a State or local government. ``(2) State cooperation.--Class II and class III railroad applicants for a grant under this chapter are encouraged to utilize the expertise and assistance of State transportation agencies in applying for and administering such grants. State transportation agencies are encouraged to provide such expertise and assistance to such railroads. ``(3) Interim regulations.--Not later than December 31, 2001, the Secretary shall issue temporary regulations to implement the program under this section. Subchapter II of chapter 5 of title 5 does not apply to a temporary regulation issued under this paragraph or to an amendment to such a temporary regulation. ``(4) Final regulations.--Not later than October 1, 2002, the Secretary shall issue final regulations to implement the program under this section. ``(b) Maximum Federal Share.--The maximum Federal share for carrying out a project under this section shall be 80 percent of the project cost. The non-Federal share may be provided by any non-Federal source in cash, equipment, or supplies. Other in-kind contributions may be approved by the Secretary on a case by case basis consistent with this chapter. ``(c) Project Eligibility.--For a project to be eligible for assistance under this section the track must have been operated or owned by a class II or class III railroad as of the date of the enactment of the Railroad Track Modernization Act of 2001. ``(d) Use of Funds.--Grants provided under this section shall be used to implement track capital projects as soon as possible. In no event shall grant funds be contractually obligated for a project later than the end of the third Federal fiscal year following the year in which the grant was awarded. Any funds not so obligated by the end of such fiscal year shall be returned to the Secretary for reallocation. ``(e) Additional Purpose.--In addition to making grants for projects as provided in subsection (a), the Secretary may also make grants to supplement direct loans or loan guarantees made under title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(d)), for projects described in the last sentence of section 502(d) of such title. Grants made under this subsection may be used, in whole or in part, for paying credit risk premiums, lowering rates of interest, or providing for a holiday on principal payments. ``(f) Employee Protection.--The Secretary shall require as a condition of any grant made under this section that the recipient railroad provide a fair arrangement at least as protective of the interests of employees who are affected by the project to be funded with the grant as the terms imposed under section 11326(a), as in effect on the date of the enactment of the Railroad Track Modernization Act of 2001. ``(g) Labor Standards.-- ``(1) Prevailing wages.--The Secretary shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed by a grant made under this section will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under the Act of March 3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a et seq.). The Secretary shall make a grant under this section only after being assured that required labor standards will be maintained on the construction work. ``(2) Wage rates.--Wage rates in a collective bargaining agreement negotiated under the Railway Labor Act (45 U.S.C. 151 et seq.) are deemed for purposes of this subsection to comply with the Act of March 3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a et seq.). ``(h) Study.--The Secretary shall conduct a study of the projects carried out with grant assistance under this section to determine the public interest benefits associated with the light density railroad networks in the States and their contribution to a multimodal transportation system. Not later than March 31, 2003, the Secretary shall report to Congress any recommendations the Secretary considers appropriate regarding the eligibility of light density rail networks for Federal infrastructure financing. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation $350,000,000 for each of the fiscal years 2002 through 2004 for carrying out this section.''. (b) Conforming Amendment.--The item relating to chapter 223 in the table of chapters of subtitle V of title 49, United States Code, is amended to read as follows: ``223. CAPITAL GRANTS FOR RAILROAD TRACK.................... 22301''.

Railroad Track Modernization Act of 2001 - Amends Federal rail transportation law to direct the Secretary of Transportation to establish a program of capital grants to class II and class III railroads (or with the concurrence of such railroads, to a State or local government) to rehabilitate, preserve, or improve railroad track (including roadbed, bridges, and related track structures) used primarily for freight transportation to a standard to ensure that it can be operated safely and efficiently and accommodate 286,000 pound rail cars.Declares that the Federal share of costs for such projects shall be 80 percent.Sets forth certain grant and project requirements.Authorizes the Secretary to also make grants to supplement direct loans or loan guarantees (including for paying credit risk premiums, lowering rates of interest, or providing for a holiday on principal payments) for projects primarily benefitting non-class I freight railroad carriers.Sets forth certain employee protection and prevailing wage requirements with respect to projects financed by such grants.Directs the Secretary to study and report to Congress on such projects to determine the public interest benefits associated with the light density railroad networks in the States and their contribution to a multimodal transportation system.Authorizes appropriations for FY 2002 through 2004.

To authorize the Secretary of Transportation to establish a grant program for the rehabilitation, preservation, or improvement of railroad track.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Cost Reduction Act of 1999''. SEC. 2. EXEMPTION FOR COMMUNICATIONS INVOLVING LEGAL PROCEEDINGS. Section 803(2) of the Fair Debt Collection Practices Act (15 U.S.C. 1692a(2)) is amended by adding at the end the following new sentence: ``Such term does not include actions taken pursuant to the Federal Rules of Civil Procedure; in the case of a proceeding in a State court, the rules of civil procedure available under the laws of such State; or a nonjudicial foreclosure.''. SEC. 3. COLLECTION ACTIVITY FOLLOWING INITIAL NOTICE. Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 1692(g)) is amended by adding at the end the following new subsection: ``(d) Continuation During Period.--Collection activities and communications may continue during the 30-day period described in subsection (a) unless the consumer requests the cessation of such activities.''. SEC. 4. LIABILITY FOR NONCOMPLIANCE. (a) Clarification of Limitation on Class Action Awards.--Section 813(a)(2)(B) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(a)(2)(B)) is amended-- (1) by inserting ``or any series of class actions arising out of the same violations by the same debt collector'' after ``case of a class action''; and (2) by inserting ``of such class action or series of class actions'' after ``all other class members''. (b) Attorneys Fees To Enforce Civil Liability.--Paragraph (3) of section 813(a) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(a)) is amended to read as follows: ``(3) subject to subsection (f), in the case of a successful action to enforce a liability under paragraph (1) or (2), the costs of the action, including reasonable attorney's fees, as determined by the court, in an amount not to exceed the amount awarded in such action under the applicable paragraph.''. (c) Rules Applicable to Certain Actions.--Section 813 of the Fair Debt Collection Practices Act (15 U.S.C. 1692k) is amended by adding at the end the following new subsection: ``(f) Rules Applicable to Actions Under This Title.-- Notwithstanding any other provision of law, in any action arising under this title, for purposes of Rule 68 of the Federal Rules of Civil Procedure, the following provisions shall apply: ``(1) Plaintiff's attorney's fees.--Costs shall include reasonable fees for the plaintiff's attorney. ``(2) Disallowance of certain fees accruing after refusal of settlement offer.--In accordance with Rule 68 of the Federal Rules of Civil Procedure, if-- ``(A) an offer is made by the debt collector to a consumer bringing an action (including any class action or series of class actions referred to in subsection (a)(2)(B)) under this title, and the offer is not accepted; and ``(B) the amount of the final judgment awarded to the consumer (or, in the case of a class action or series of class actions, the total amount awarded to all class members in such class action or series of class actions) is less than or equal to the amount of the offer referred to in subparagraph (A), the consumer (or the class with regard to a class action or series of class actions) may not be awarded or otherwise recover costs for attorney's fees incurred after the date such offer is rejected.''. (d) Factors for Consideration.--Section 813(b) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(b)) is amended-- (1) in the portion of such subsection which precedes paragraph (1), by striking ``liability in any action'' and inserting ``any award''; and (2) by striking paragraph (1) and inserting the following new paragraph: ``(1) in any action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the extent to which the such noncompliance was intentional, and the amount of actual damages awarded; or''. (e) Bona Fide Errors.--Section 813(c) of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(c)) is amended-- (1) by striking ``(c) A debt collector may not'' and inserting ``(c) Bona Fide Errors.-- ``(1) In general.--A debt collector may not''; and (2) by adding at the end the following new paragraph: ``(2) Reliance on rules of civil procedure.--A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of the evidence that the violation resulted from good faith compliance with the Federal Rules of Civil Procedure; in the case of a proceeding in a State court, the rules of civil procedure available under the laws of such State; or a nonjudicial foreclosure proceeding.''. SEC. 5. MORTGAGE SERVICERS' REGULATORY BURDEN RELIEF. (a) In General.--The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is amended-- (1) by redesignating section 818 as section 819; and (2) by inserting after section 817 the following new section: ``Sec. 818. Mortgage servicer exemption ``(a) Exemption.--Any servicer of federally related mortgage loans secured by first liens-- ``(1) who is a debt collector; and ``(2) for whom the collection of delinquent debts is secondary to the servicer's primary function of servicing federally related mortgage loans, shall be exempt from the requirements of sections 807(11) and 809 in connection with the collection of any debt which is a federally related mortgage loan secured by a first lien. ``(b) Validation Statement.--If a debt collector is exempt, pursuant to subsection (a), from the requirements of section 809 with respect to any federally related mortgage loan to a consumer which is secured by a first lien, the servicer shall provide to the consumer, at least 30 days before any acceleration of the debt and without charge to such consumer-- ``(A) a notice of the consumer's right to receive a validation statement; or ``(B) a validation statement. ``(2) Qualified validation requests.-- ``(A) Response to request.--If a servicer described in paragraph (1) provides a consumer with a notice under subparagraph (A) of such paragraph, the servicer shall provide such consumer with a validation statement not more than 10 days after receiving a qualified validation request from such consumer. ``(B) No delay required.--No provision of this title shall be construed as requiring a servicer described in paragraph (1) to delay acceleration, foreclosure, or any other action with respect to a federally related mortgage loan for which the servicer provided a notice to the consumer under paragraph (1)(A) due to the receipt by such servicer of a qualified validation request from such consumer. ``(C) Receipt and handling of requests.--A servicer described in paragraph (1) may establish a separate and exclusive office for the receipt and handling of any qualified validation request from any consumer under this subsection if the servicer provides notice of that fact and the address of the office to the consumer-- ``(i) in the notice provided to such consumer pursuant to paragraph (1)(A); or ``(ii) separately by 1st class mail with prepaid postage. ``(3) Reasonable estimates of 3d party charges.--A servicer described in paragraph (1) shall not be liable under this title for any inaccurate amount contained in a validation statement provided to a consumer with respect to a federally related mortgage loan secured by a first lien to the extent the inaccurate amount-- ``(A) relates to costs for services to be provided by third parties; and ``(B) constitutes a reasonable estimate of such costs. ``(c) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Federally related mortgage loan.--The term `federally related mortgage loan' has the meaning given to such term in section 3(1) of the Real Estate Settlement Procedures Act of 1974. ``(2) Qualified validation request.--The term `qualified validation request' means a written request for a validation statement from a consumer to a servicer which-- ``(A) includes the name and account number of the consumer or such other information as may be necessary to allow the servicer to identify such name and account number; and ``(B) is not written on or otherwise included with a payment coupon or other payment medium provided by the servicer. ``(3) Servicer; servicing.--The terms `servicer' and `servicing' have the meanings given to such terms in section 6(i) of the Real Estate Settlement Procedures Act of 1974. ``(4) Validation statement.--The term `validation statement' means a statement of-- ``(A) the total amount a consumer must pay, as of a particular date, to bring the consumer's loan current; and ``(B) the total amount a consumer must pay, as of a particular date, to satisfy the loan in full.''. (b) Clerical Amendment.--The table of sections for the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is amended-- (1) by redesignating the item relating to section 818 as section 819; and (2) by inserting after the item relating to section 817 the following new item: ``818. Mortgage servicer exemption.''.

Extends to any series of class actions arising out of the same violations by the same debt collector the current limit on the total amount of the debt collector's liability for additional damages that can be awarded to a plaintiff in the case of a successful class action to enforce liability of a noncompliant debt collector. Disallows recovery to the consumer of attorney's fees accruing after the consumer's refusal of such debt collector's settlement offer, if the amount of the final judgment awarded to the consumer is less than such offer. Shields a debt collector from liability in the case of good faith compliance with Federal or State rules of civil procedure. Exempts from certain debt collection disclosure requirements those mortgage servicers for which delinquent debt collection is secondary to the servicing of federally related mortgage loans secured by a first lien. Requires such mortgage servicers to furnish the debtor with certain validation statements prior to debt acceleration.

Credit Cost Reduction Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Baseball Hall of Fame Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On June 12, 1939, the National Baseball Hall of Fame and Museum opened in Cooperstown, New York. Ty Cobb, Walter Johnson, Christy Mathewson, Babe Ruth, and Honus Wagner comprised the inaugural class of inductees. This class set the standard for all future inductees. Since 1939, just one percent of all Major League Baseball players have earned induction into the National Baseball Hall of Fame. (2) The National Baseball Hall of Fame and Museum is dedicated to preserving history, honoring excellence, and connecting generations through the rich history of our national pastime. Baseball has mirrored our nation's history since the Civil War, and is now an integral part of our nation's heritage. (3) The National Baseball Hall of Fame and Museum chronicles the history of our national pastime and houses the world's largest collection of baseball artifacts, including more than 38,000 3 dimensional artifacts, 3,000,000 documents, 500,000 photographs, and 12,000 hours of recorded media. This collection ensures that baseball history and its unique connection to American history will be preserved and recounted for future generations. (4) Since its opening in 1939, more than 14,000,000 baseball fans have visited the National Baseball Hall of Fame and Museum to learn about the history of our national pastime and the game's connection to the American experience. (5) The National Baseball Hall of Fame and Museum is an educational institution, reaching 10,000,000 Americans annually. Utilizing video conference technology, students and teachers participate in interactive lessons led by educators from the National Baseball Hall of Fame Museum. These award- winning educational programs draw upon the wonders of baseball to reach students in classrooms nationwide. Each educational program uses baseball as a lens for teaching young Americans important lessons on an array of topics, including mathematics, geography, civil rights, women's history, economics, industrial technology, arts, and communication. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the National Baseball Hall of Fame, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 400,000 $1 coins, 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. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (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 sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sense of Congress.--It is the sense of Congress that coins minted under this Act should be produced in a domed fashion similar to the 2009 International Year of Astronomy coins issued by Monnaie de Paris, the French Mint, and that if it is impractical to produce all coins minted under this Act in such fashion, at a minimum the proof versions of the coins minted in gold and silver should be minted in such fashion. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the game of baseball and of its place in American sports and the American way of life. (2) Designations 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 ``2015''; 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 National Baseball Hall of Fame and the Commission of Fine Arts and in accordance with subparagraph (c); and (2) reviewed by the Citizens Coinage Advisory Committee. (c) Obverse Design Competition.--The Secretary shall hold a competition and provide compensation for its winner to design the obverse of the coins minted under this Act. The competition shall be held in the following manner: (1) The competition shall be judged by an expert jury chaired by the Secretary and consisting of 3 members from the Citizens Coinage Advisory Committee who shall be elected by such Committee and 3 members from the Commission of Fine Arts who shall be elected by such Commission. (2) The Secretary shall determine compensation for the winning design, which shall be not less than $5,000. (3) The Secretary may not accept a design for the competition unless a plaster model accompanies the design. (d) Reverse Design.--The design on the reverse of the coins minted under this Act shall depict a baseball similar to those used by Major League Baseball. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--Any facility of the United States Mint may be used to strike uncirculated and half-dollar coins, but only the United States Mint facility at West Point, New York, may be used to strike coins in proof quality. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2015. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (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. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Baseball Hall of Fame to help finance its operations. (c) Audits.--The National Baseball Hall of Fame shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. BUDGET COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.

National Baseball Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half dollar coins in recognition of the National Baseball Hall of Fame during the one-year period beginning on January 1, 2015. Directs the Secretary to hold a competition to design the obverse of the coins. Requires the design on the reverse side to depict a baseball similar to those used by Major League Baseball. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Baseball Hall of Fame to help finance its operations. Requires the budgetary effects of this Act to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, provided that such statement has been submitted prior to the vote on passage.

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Baseball Hall of Fame.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dr. Martin Luther King, Jr., Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) Dr. Martin Luther King, Jr., dedicated his life to securing the Nation's fundamental principles of liberty and justice for all its citizens. (2) Dr. Martin Luther King, Jr., was the leading civil rights advocate of his time, spearheading the civil rights movement in the United States during the 1950's and 1960's. (3) Dr. Martin Luther King, Jr., was the keynote speaker at the August, 28, 1963, March on Washington, the largest rally of the civil rights movement, during which, from the steps of the Lincoln Memorial and before a crowd of over 200,000 people, he delivered his famous ``I Have A Dream'' speech, one of the classic orations in American history. (4) Dr. Martin Luther King, Jr., was a champion of nonviolence, fervently advocated nonviolent resistance as the strategy to end segregation and racial discrimination in America, and was awarded the 1964 Nobel Peace Prize in recognition for his efforts. (5) All Americans should commemorate the legacy of Martin Luther King, Jr. so ``that one day this Nation will rise up and live out the true meaning of its creed: `We hold these truths to be self-evident; that all men are created equal.'''. (6) Efforts are underway to secure the personal papers of Dr. Martin Luther King, Jr., for the Library of Congress so that they may be preserved and studied for generations to come. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 350,000 $1 coins, 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. (3) Half dollar clad coins.--Not more than 1,000,000 half dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (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 sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. (b) Silver.--The Secretary shall obtain silver for minting coins under this Act from any available source, including from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the inspirational life and works of Dr. Martin Luther King, Jr. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2003''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning August 28, 2003. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2003. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 8(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (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) Marketing.--The Secretary, in cooperation with the Legacy Fund of the Library of Congress, shall develop and implement a marketing program to promote and sell the coins issued under this Act both within the United States and internationally. SEC. 8. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $3 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Dr. Martin Luther King, Jr., Legacy Fund of the Library of Congress for the purpose of securing the personal papers of Dr. Martin Luther King, Jr., for the Library of Congress. (c) Audits.--The Dr. Martin Luther King, Jr., Legacy Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b).

Mandates prompt payment of all surcharges received from the coin sales to the Dr. Martin Luther King, Jr., Legacy Fund of the Library of Congress for the purpose of securing the personal papers of Dr. Martin Luther King, Jr., for the Library of Congress.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``RAFT (Restore Access to Foreign Trade) Act''. SEC. 2. ELIMINATION OF FOREIGN BASE COMPANY SHIPPING INCOME AS FOREIGN BASE COMPANY INCOME. (a) Elimination of Foreign Base Company Shipping Income.--Section 954 of the Internal Revenue Code of 1986 (relating to foreign base company income) is amended-- (1) by striking paragraph (4) of subsection (a) (relating to foreign base company shipping income), and (2) by striking subsection (f) (relating to foreign base company shipping income). (b) Conforming Amendments.-- (1) Subparagraph (D) of section 904(d)(2) of such Code (relating to the definition of shipping income for purposes of the foreign tax credit) is amended to read as follows: ``(D) Shipping income.-- ``(i) In general.--The term `shipping income' means income derived from, or in connection with, the use (or hiring or leasing for use) of any aircraft or vessel in foreign commerce, or from, or in connection with, the performance of services directly related to the use of any such aircraft, or vessel, or from the sale, exchange, or other disposition of any such aircraft or vessel. ``(ii) Special rules.-- ``(I) Such term includes dividends and interest received from a foreign corporation in respect of which taxes are deemed paid under section 902 (other than dividends from a noncontrolled section 902 corporation out of earnings and profits accumulated in taxable years beginning before January 1, 2003) and gain from the sale, exchange, or other disposition of stock or obligations of such a foreign corporation to the extent that such dividends, interest, and gains are attributable to shipping income. ``(II) Such term includes that portion of the distributive share of the income of a partnership attributable to shipping income. ``(III) Such term includes any income derived from a space or ocean activity (as defined in section 863(d)(2)). ``(IV) Such term does not include, except as provided in subclause (I), any dividend or interest income which is foreign personal holding company income as defined in section 954(c). ``(V) Such term does not include financial services income.''. (2) Section 952(c)(1)(B)(iii) of such Code is amended by striking subclause (I) and redesignating subclauses (II) through (VI) as subclauses (I) through (V), respectively. (3) Section 953 of such Code is amended-- (A) by striking ``954(i)'' and inserting ``954(h)'' in subsections (b)(3) and (e) each place it appears, and (B) by striking ``954(h)(7)'' and inserting ``954(g)(7)'' in subsection (e)(7)(A). (4) Section 954 of such Code is amended-- (A) in subsection (a) by inserting ``and'' at the end of paragraph (3) and redesignating paragraph (5) as paragraph (4), (B) in subsection (b)-- (i) by striking ``the foreign base shipping income,'' in paragraph (5), (ii) by striking paragraphs (6) and (7), and (iii) by redesignating paragraph (8) as paragraph (6), and (C) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2001, and to taxable years of United States shareholders (within the meaning of section 951(b) of the Internal Revenue Code of 1986) within which or with which such taxable years of such foreign corporations end.

RAFT (Restore Access to Foreign Trade) Act - Amends the Internal Revenue Code to eliminate foreign base company shipping income from inclusion as foreign base company income.Revises the definition of "shipping income" with respect to the application of the foreign tax credit.

To amend the Internal Revenue Code of 1986 to eliminate foreign base company shipping income from foreign base company income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business and Financial Institutions Tax Relief Act of 1999''. SEC. 2. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE IRAS. (a) In General.--Section 1361(c)(2)(A) of the Internal Revenue Code of 1986 (relating to certain trusts permitted as shareholders) is amended by inserting after clause (v) the following: ``(vi) A trust which constitutes an individual retirement account under section 408(a), including one designated as a Roth IRA under section 408A.'' (b) Treatment as Shareholder.--Section 1361(c)(2)(B) of the Internal Revenue Code of 1986 (relating to treatment as shareholders) is amended by adding at the end the following: ``(vi) In the case of a trust described in clause (vi) of subparagraph (A), the individual for whose benefit the trust was created shall be treated as a shareholder.'' (c) Sale of Stock in IRA Relating to S Corporation Election Exempt From Prohibited Transaction Rules.--Section 4975(d) of the Internal Revenue Code of 1986 (relating to exemptions) is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``; or'', and by adding at the end the following: ``(16) a sale of stock held by a trust which constitutes an individual retirement account under section 408(a) to the individual for whose benefit such account is established if such sale is pursuant to an election under section 1362(a).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 3. EXCLUSION OF INVESTMENT SECURITIES INCOME FROM PASSIVE INCOME TEST FOR BANK S CORPORATIONS. (a) In General.--Section 1362(d)(3)(C) of the Internal Revenue Code of 1986 (defining passive investment income) is amended by adding at the end the following: ``(v) Exception for banks; etc.--In the case of a bank (as defined in section 581), a bank holding company (as defined in section 246A(c)(3)(B)(ii)), or a qualified subchapter S subsidiary bank, the term `passive investment income' shall not include-- ``(I) interest income earned by such bank, bank holding company, or qualified subchapter S subsidiary bank, or ``(II) dividends on assets required to be held by such bank, bank holding company, or qualified subchapter S subsidiary bank to conduct a banking business, including stock in the Federal Reserve Bank, the Federal Home Loan Bank, or the Federal Agricultural Mortgage Bank or participation certificates issued by a Federal Intermediate Credit Bank.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 4. INCREASE IN NUMBER OF ELIGIBLE SHAREHOLDERS TO 150. (a) In General.--Section 1361(b)(1)(A) of the Internal Revenue Code of 1986 (defining small business corporation) is amended by striking ``75'' and inserting ``150''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 5. TREATMENT OF QUALIFYING DIRECTOR SHARES. (a) In General.--Section 1361 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(f) Treatment of Qualifying Director Shares.-- ``(1) In general.--For purposes of this subchapter-- ``(A) qualifying director shares shall not be treated as a second class of stock, and ``(B) no person shall be treated as a shareholder of the corporation by reason of holding qualifying director shares. ``(2) Qualifying director shares defined.--For purposes of this subsection, the term `qualifying director shares' means any shares of stock in a bank (as defined in section 581) or in a bank holding company registered as such with the Federal Reserve System-- ``(i) which are held by an individual solely by reason of status as a director of such bank or company or its controlled subsidiary; and ``(ii) which are subject to an agreement pursuant to which the holder is required to dispose of the shares of stock upon termination of the holder's status as a director at the same price as the individual acquired such shares of stock. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to qualifying director shares shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (b) Conforming Amendments.-- (1) Section 1361(b)(1) of the Internal Revenue Code of 1986 is amended by inserting ``, except as provided in subsection (f),'' before ``which does not''. (2) Section 1366(a) of such Code is amended by adding at the end the following: ``(3) Allocation with respect to qualifying director shares.--The holders of qualifying director shares (as defined in section 1361(f)) shall not, with respect to such shares of stock, be allocated any of the items described in paragraph (1).'' (3) Section 1373(a) of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and adding at the end the following: ``(3) no amount of an expense deductible under this subchapter by reason of section 1361(f)(3) shall be apportioned or allocated to such income.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 6. BAD DEBT CHARGE OFFS IN YEARS AFTER ELECTION YEAR TREATED AS ITEMS OF BUILT-IN LOSS. The Secretary of the Treasury shall modify Regulation 1.1374-4(f) for S corporation elections made in taxable years beginning after December 31, 1996, with respect to bad debt deductions under section 166 of the Internal Revenue Code of 1986 to treat such deductions as built-in losses under section 1374(d)(4) of such Code during the entire period during which the bank recognizes built-in gains from changing its accounting method for recognizing bad debts from the reserve method under section 585 of such Code to the charge-off method under section 166 of such Code. SEC. 7. INCLUSION OF BANKS IN 3-YEAR S CORPORATION RULE FOR CORPORATE PREFERENCE ITEMS. (a) In General.--Section 1363(b) of the Internal Revenue Code of 1986 (relating to computation of corporation's taxable income) is amended by adding at the end the following new flush sentence: ``Paragraph (4) shall apply to any bank whether such bank is an S corporation or a qualified subchapter S subsidiary.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 8. C CORPORATION RULES TO APPLY FOR FRINGE BENEFIT PURPOSES. (a) In General.--Section 1372 of the Internal Revenue Code of 1986 (relating to partnership rules to apply for fringe benefit purposes) is repealed. (b) Partnership Rules To Apply for Health Insurance Costs of Certain S Corporation Shareholders.--Paragraph (5) of section 162(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(5) Treatment of certain s corporation shareholders.-- ``(A) In general.--This subsection shall apply in the case of any 2-percent shareholder of an S corporation, except that-- ``(i) for purposes of this subsection, such shareholder's wages (as defined in section 3121) from the S corporation shall be treated as such shareholder's earned income (within the meaning of section 401(c)(1)), and ``(ii) there shall be such adjustments in the application of this subsection as the Secretary may by regulations prescribe. ``(B) 2-percent shareholder defined.--For purposes of this paragraph, the term `2-percent shareholder' means any person who owns (or is considered as owning within the meaning of section 318) on any day during the taxable year of the S corporation more than 2 percent of the outstanding stock of such corporation or stock possessing more than 2 percent of the total combined voting power of all stock of such corporation.'' (c) Conforming Amendment.--The table of sections for part III of subchapter S of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 1372. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 9. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE FAMILY LIMITED PARTNERSHIPS. (a) In General.--Section 1361(b)(1)(B) of the Internal Revenue Code of 1986 (defining small business corporation) is amended-- (1) by striking ``or an organization'' and inserting ``an organization'', and (2) by inserting ``, or a family partnership described in subsection (c)(8)'' after ``subsection (c)(6)''. (b) Family Partnership.--Section 1361(c) of the Internal Revenue Code of 1986 (relating to special rules for applying subsection (b)), as amended by section 5, is amended by adding at the end the following: ``(8) Family partnerships.-- ``(A) In general.--For purposes of subsection (b)(1)(B), any partnership or limited liability company may be a shareholder in an S corporation if-- ``(i) all partners or members are members of 1 family as determined under section 704(e)(3), and ``(ii) all of the partners or members would otherwise be eligible shareholders of an S corporation. ``(B) Treatment as shareholders.--For purposes of subsection (b)(1)(A), in the case of a partnership or limited liability company described in subparagraph (A), each partner or member shall be treated as a shareholder.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 10. ISSUANCE OF PREFERRED STOCK PERMITTED. (a) In General.--Section 1361 of the Internal Revenue Code of 1986, as amended by section 5(a), is amended by adding at the end the following: ``(g) Treatment of Qualified Preferred Stock.-- ``(1) In general.--For purposes of this subchapter-- ``(A) qualified preferred stock shall not be treated as a second class of stock, and ``(B) no person shall be treated as a shareholder of the corporation by reason of holding qualified preferred stock. ``(2) Qualified preferred stock defined.--For purposes of this subsection, the term `qualified preferred stock' means stock which meets the requirements of subparagraphs (A), (B), and (C) of section 1504(a)(4). Stock shall not fail to be treated as qualified preferred stock solely because it is convertible into other stock. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to qualified preferred stock shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (b) Conforming Amendments.-- (1) Section 1361(b)(1) of the Internal Revenue Code of 1986, as amended by section 5(b)(1), is amended by striking ``subsection (f)'' and inserting ``subsections (f) and (g)''. (2) Section 1366(a) of such Code, as amended by section 5(b)(2), is amended by adding at the end the following: ``(4) Allocation with respect to qualified preferred stock.--The holders of qualified preferred stock (as defined in section 1361(g)) shall not, with respect to such stock, be allocated any of the items described in paragraph (1).'' (3) Section 1373(a)(3) of such Code, as added by section 5(b)(3), is amended by inserting ``or 1361(g)(3)'' after ``section 1361(f)(3)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 11. CONSENT TO ELECTIONS. (a) 90 Percent of Shares Required for Consent to Election.--Section 1362(a)(2) of the Internal Revenue Code of 1986 (relating to all shareholders must consent to election) is amended-- (1) by striking ``all persons who are shareholders in'' and inserting ``shareholders holding at least 90 percent of the shares of'', and (2) by striking ``All shareholders'' in the heading and inserting ``At least 90 percent of shares''. (b) Rules for Consent.--Section 1362(a) of the Internal Revenue Code of 1986 (relating to election) is amended by adding at the end the following: ``(3) Rules for consent.--For purposes of making any consent required under paragraph (2) or subsection (d)(1)(B)-- ``(A) each joint owner of shares shall consent with respect to such shares, ``(B) the personal representative or other fiduciary authorized to act on behalf of the estate of a deceased individual shall consent for the estate, ``(C) one parent, the custodian, the guardian, or the conservator shall consent with respect to shares owned by a minor or subject to a custodianship, guardianship, conservatorship, or similar arrangement, ``(D) the trustee of a trust shall consent with respect to shares owned in trust, ``(E) the trustee of the estate of a bankrupt individual shall consent for shares owned by a bankruptcy estate, ``(F) an authorized officer or the trustee of an organization described in subsection (c)(6) shall consent for the shares owned by such organization, and ``(G) in the case of a partnership or limited liability company described in subsection (c)(8)-- ``(i) all general partners shall consent with respect to shares owned by such partnership, ``(ii) all managers shall consent with respect to shares owned by such company if management of such company is vested in 1 or more managers, and ``(iii) all members shall consent with respect to shares owned by such company if management of such company is vested in the members.'' (c) Treatment of Nonconsenting Shareholder Stock.-- (1) In general.--Section 1361 of the Internal Revenue Code of 1986, as amended by section 10(a), is amended by adding at the end the following: ``(h) Treatment of Nonconsenting Shareholder Stock.-- ``(1) In general.--For purposes of this subchapter-- ``(A) nonconsenting shareholder stock shall not be treated as a second class of stock, ``(B) such stock shall be treated as C corporation stock, and ``(C) the shareholder's pro rata share under section 1366(a)(1) with respect to such stock shall be subject to tax paid by the S corporation at the highest rate of tax specified in section 11(b). ``(2) Nonconsenting shareholder stock defined.--For purposes of this subsection, the term `nonconsenting shareholder stock' means stock of an S corporation which is held by a shareholder who did not consent to an election under section 1362(a) with respect to such S corporation. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to nonconsenting shareholder stock shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.'' (2) Conforming amendment.--Section 1361(b)(1) of the Internal Revenue Code of 1986, as amended by section 10(b)(1), is amended by striking ``subsections (f) and (g)'' and inserting ``subsections (f), (g), and (h)''. (d) Effective Date.--The amendments made by this section shall apply to elections made in taxable years beginning after December 31, 1999. SEC. 12. INFORMATION RETURNS FOR QUALIFIED SUBCHAPTER S SUBSIDIARIES. (a) In General.--Section 1361(b)(3)(A) of the Internal Revenue Code of 1986 (relating to treatment of certain wholly owned subsidiaries) is amended by inserting ``and in the case of information returns required under part III of subchapter A of chapter 61'' after ``Secretary''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999.

(Sec. 2) Permits S corporation eligible shareholders to include individual retirement accounts (IRAs). Exempts from prohibited transaction rules any sale of stock in an IRA pursuant to a small business corporation's election to be an S corporation. (Sec. 3) Excludes from the definition of passive income for purposes of S status termination any interest income earned by or dividends on assets required to be held by a bank, a bank holding company, or a qualified subchapter S subsidiary bank. (Sec. 4) Increases from 75 to 150 the maximum number of shareholders a small business organization may have to be eligible to elect S corporation treatment. (Sec. 5) States that stock held by a bank director as required by banking regulations (director qualifying stock) shall not be considered a disqualifying second class of S corporation stock. (Sec. 6) Directs the Secretary of the Treasury to modify a certain regulation to permit an S corporation bank to treat certain bad debt deductions as built-in losses during the entire period during which the bank recognized built-in gains from changing its accounting method for recognizing bad debts from the reserve method to the charge-off method. (Sec. 7) Includes all banks within the three-year deduction preference rule. (Sec. 8) Repeals the current requirement that partnership rules apply to S corporations (and two- percent shareholders in such corporations) for fringe benefit purposes. Applies current special corporation) rules for health insurance costs of self-employed individuals to two-percent shareholders in S corporations, except that a two-percent shareholder's wages shall be treated as self-employed earned income. (Thus provides that non-health care related fringe benefits such as group-term life insurance will be excludible from such wages, and not taxed.) (Sec. 11 (sic)) Reduces from 100 percent to 90 percent the percentage of shares held by shareholders necessary for consent to election by a small business organization to be an S corporation. Prescribes rules for such consent. (Sec. 12) Revises exceptions to the criteria for the treatment of certain wholly owned subchapter S subsidiaries with reference to required information returns.

Small Business and Financial Institutions Tax Relief Act of 1999

SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER PILOT PROGRAM. (a) Establishment.--If the Secretary of Commerce determines, on the basis of comments submitted in rulemaking under section 2, that-- (1) interest among manufacturers is sufficient to warrant the establishment of a 3-year toll free number pilot program, and (2) manufacturers will provide fees under section 2(c) so that the program will operate without cost to the Federal Government, the Secretary shall establish such program solely to help inform consumers whether a product is made in America or the equivalent thereof. The Secretary shall publish the toll-free number by notice in the Federal Register. (b) Contract.--The Secretary of Commerce shall enter into a contract for-- (1) the establishment and operation of the toll free number pilot program provided for in subsection (a), and (2) the registration of products pursuant to regulations issued under section 2, which shall be funded entirely from fees collected under section 2(c). (c) Use.--The toll free number shall be used solely to inform consumers as to whether products are registered under section 2 as made in America or the equivalent thereof. Consumers shall also be informed that registration of a product does not mean-- (1) that the product is endorsed or approved by the Government, (2) that the Secretary has conducted any investigation to confirm that the product is a product which meets the definition of made in America or the equivalent thereof, or (3) that the product contains 100 percent United States content. SEC. 2. REGISTRATION. (a) Proposed Regulation.--The Secretary of Commerce shall propose a regulation-- (1) to establish a procedure under which the manufacturer of a product may voluntarily register such product as complying with the definition of a product made in America or the equivalent thereof and have such product included in the information available through the toll free number established under section 1(a); (2) to establish, assess, and collect a fee to cover all the costs (including start-up costs) of registering products and including registered products in information provided under the toll-free number; (3) for the establishment under section 1(a) of the toll- free number pilot program; and (4) to solicit views from the private sector concerning the level of interest of manufacturers in registering products under the terms and conditions of paragraph (1). (b) Promulgation.--If the Secretary determines based on the comments on the regulation proposed under subsection (a) that the toll- free number pilot program and the registration of products is warranted, the Secretary shall promulgate such regulations. (c) Registration Fee.-- (1) In general.--Manufacturers of products included in information provided under section 1 shall be subject to a fee imposed by the Secretary of Commerce to pay the cost of registering products and including them in information provided under subsection (a). (2) Amount.--The amount of fees imposed under paragraph (1) shall-- (A) in the case of a manufacturer, not be greater than the cost of registering the manufacturer's product and providing product information directly attributable to such manufacturer, and (B) in the case of the total amount of fees, not be greater than the total amount appropriated to the Secretary of Commerce for salaries and expenses directly attributable to registration of manufacturers and having products included in the information provided under section 1(a). (3) Crediting and availability of fees.-- (A) In general.--Fees collected for a fiscal year pursuant to paragraph (1) shall be credited to the appropriation account for salaries and expenses of the Secretary of Commerce and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. (B) Collections and appropriation acts.--The fees imposed under paragraph (1)-- (i) shall be collected in each fiscal year in an amount equal to the amount specified in appropriation Acts for such fiscal year, and (ii) shall only be collected and available for the costs described in paragraph (2). SEC. 3. PENALTY. Any manufacturer of a product who knowingly registers a product under section 2 which is not made in America or the equivalent thereof-- (1) shall be subject to a civil penalty of not more than $7500 which the Secretary of Commerce may assess and collect, and (2) shall not offer such product for purchase by the Federal Government. SEC. 4. DEFINITION. For purposes of this Act: (1) The term ``made in America or the equivalent thereof'' means-- (A) an unmanufactured end product mined or produced in the United States; or (B) an end product manufactured in the United States if the value of its components mined, produced, or manufactured in the United States equals 90 percent or more of the total value of all of its components. (2) The term ``product'' means a product with a retail value of at least $250. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or in any regulation promulgated under section 2 shall be construed to alter, amend, modify, or otherwise affect in any way, the Federal Trade Commission Act or the opinions, decisions, and rules of the Federal Trade Commission under such Act regarding the use of the term ``made in America or the equivalent thereof'' in labels on products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce. Passed the House of Representatives August 8, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Directs the Secretary of Commerce, upon determining on the basis of comments submitted in rulemaking under this Act that interest among manufacturers is sufficient to warrant the establishment of a three-year toll free number pilot program and manufacturers will provide fees so that the program will operate without cost to the Federal Government, to: (1) establish such program solely to help inform consumers whether a product is made in America or the equivalent thereof; and (2) publish the toll-free number in the Federal Register. Requires: (1) the Secretary to contract for the establishment and operation of such pilot program and the registration of products; and (2) such number to be used solely to inform consumers as to whether products are American made. Requires consumers to be informed that such registration does not mean that: (1) the product is endorsed or approved by the Government; (2) the Secretary has conducted any investigation to confirm that the product meets the definition of American made; or (3) the product contains 100 percent U.S. content. (Sec. 2) Directs the Secretary to propose regulations to: (1) establish a procedure under which the manufacturer of a product may voluntarily register such product as complying with such definition and have such product included in the information available through the toll free number; (2) establish, assess, and collect a fee to cover all costs of registering products and including registered products in information provided under the number; (3) establish the pilot program; and (4) solicit views from the private sector concerning the level of interest of manufacturers in registering products. Requires the Secretary to promulgate such regulations if the pilot program and product registration is determined to be warranted. Sets forth provisions regarding: (1) registration fees; and (2) penalties for manufacturers who knowingly register a product which is not American made.

To establish a toll free number in the Department of Commerce to assist consumers in determining if products are American-made.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seed Availability and Competition Act of 2004''. SEC. 2. RETAINING PATENTED SEED. (a) Registration.--Any person who plants patented seed or seed derived from patented seed may retain seed from the harvest of the planted seed for replanting by that person if that person-- (1) submits to the Secretary of Agriculture notice, in such form as the Secretary may require, of the type and quantity of seed to be retained and any other information the Secretary determines to be appropriate; and (2) pays the fee established by the Secretary pursuant to subsection (b) for the type and quantity of seed retained. (b) Fees.--The Secretary of Agriculture shall establish a fee to be paid by a person pursuant to subsection (a)(2) based on the type and quantity of seed retained. The Secretary shall deposit amounts collected pursuant to subsection (a)(2) in the Patented Seed Fund established under subsection (e)(1). (c) Refunds.--The Secretary of Agriculture may refund or make an adjustment of the fee paid pursuant to subsection (a)(2) when the person is unable to plant or harvest the retained seed as a result of a natural disaster or related condition and under such other circumstances as the Secretary considers such refund or adjustment appropriate. (d) Distributions.--The Secretary of Agriculture shall pay the collected fees to the appropriate patent holders, at a frequency that the Secretary determines is appropriate, from the Patented Seed Fund established under subsection (e)(1), taking into consideration the possibility of refunds pursuant to subsection (c). (e) Patented Seed Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Patented Seed Fund'', consisting of such amounts as may be received by the Secretary and deposited into such Fund as provided in this section. (2) Administration.--The Fund shall be administered by the Secretary of Agriculture and all moneys in the Fund shall be distributed solely by the Secretary in accordance with this section and shall not be distributed or appropriated for any other purpose. Amounts in the Fund are available without further appropriation and until expended to make payments to patent holders. (f) Inapplicability of Contracts and Patent Fees.--A person who retains seed under subsection (a) from the harvest of patented seed or seed derived from patented seed shall not be bound by any contractual limitation on retaining such seed, or by any requirement to pay royalties or licensing or other fees, by reason of the patent, for retaining such seed. (g) Definition.--In this section, the term ``patented seed'' means seed for which a person holds a valid patent. SEC. 3. TARIFF ON CERTAIN IMPORTED PRODUCTS. (a) Tariff.--In any case in which-- (1) genetically modified seed on which royalties or licensing or other fees are charged by the owner of a patent on such seed to persons purchasing the seed in the United States is exported, and (2) no such fees, or a lesser amount of such fees, are charged to purchasers of the exported seed in a foreign country, then there shall be imposed on any product of the exported seed from that foreign country that enters the customs territory of the United States a duty determined by the Secretary of the Treasury, in addition to any duty that otherwise applies, in an amount that recovers the difference between the fees paid by purchasers of the seed in the United States and purchasers of the exported seed in that country. (b) Deposit of Duties.--There shall be deposited in the Patented Seed Fund established by section 2(e)(1) the amount of all duties collected under subsection (a) for distribution to the appropriate patent holders in accordance with section 2(d). (c) Definition.--In this section-- (1) the term ``genetically modified seed'' means any seed that contains a genetically modified material, was produced with a genetically modified material, or is descended from a seed that contained a genetically modified material or was produced with a genetically modified material; and (2) the term ``genetically modified material'' means material that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutagenesis.

Seed Availability and Competition Act of 2004 - Requires persons who seek to retain seed harvested from the planting of patented seeds to register with the Secretary of Agriculture and pay related fees. Establishes in the Treasury the Patented Seed Fund. Imposes a tariff equal to the difference in fees in any case in which: (1) genetically modified seed on which royalties or licensing or other fees are charged by the patent owner to U.S. purchasers is exported, and (2) no such fees, or lesser fee amounts, are charged to foreign purchasers of the exported seed.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crow Tribe Land Restoration Act''. SEC. 2. PURPOSE. The purpose of this Act is to authorize the Secretary of the Interior-- (1) to develop a program to acquire land and interests in land from eligible individuals within the Crow Reservation in the State of Montana; (2) to hold in trust the land, and interests in land, described in paragraph (1) for the benefit of the Crow Tribe of the State of Montana; (3) to allow the Tribe to assume management of the land and interests in land; and (4) to end the continuing fractionation of land on the Reservation. SEC. 3. DEFINITIONS. In this Act: (1) Cost.--The term ``cost'' means the cost of a direct loan, within the meaning of section 502(5)(B) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(B)). (2) Eligible individual.--The term ``eligible individual'' means an individual that owns land, or an interest in land, within the Reservation. (3) Loan.--The term ``loan'' has the meaning given the term ``direct loan'' in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (4) Loan obligation.--The term ``loan obligation'' has the meaning given the term ``direct loan obligation'' in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (5) Reservation.--The term ``Reservation'' means the Crow Reservation in the State of Montana. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Tribe.--The term ``Tribe'' means the Crow Tribe of the State of Montana. SEC. 4. ACQUISITION OF LAND WITHIN RESERVATION. (a) Purchasing Program.-- (1) Establishment.--As soon as practicable after the date of enactment of this Act, the Secretary shall establish a loan program to assist the Tribe in purchasing from eligible individuals land, and interests in land, within the Reservation. (2) Requirements.-- (A) Voluntary sale.--A sale of land to the Tribe under the purchasing program shall be voluntary. (B) Reasonable purchase price.--To receive funds under the purchasing program, the Tribe shall offer to an eligible individual in consideration for land, or an interest in land, within the Reservation an amount equal to the reasonable purchase price of the land, or interest in land, of the eligible individual, as determined in accordance with subsection (b). (3) Notification to eligible individuals.-- (A) In general.--As soon as practicable after the date on which the purchasing program is established, the Tribe shall provide to each eligible individual a notification with respect to the program, including any guidelines issued by the Secretary relating to the program. (B) Contact with eligible individuals.-- Notwithstanding any other provision of law, an eligible individual may be contacted directly with respect to the purchasing program by-- (i) the Tribe, or a representative of the Tribe; or (ii) the Secretary, or a representative of the Secretary. (b) Reasonable Purchase Price.-- (1) Guidelines.--As soon as practicable after the date of enactment of this Act, the Secretary shall establish guidelines under which the reasonable purchase price of land, or an interest in land, of an eligible individual shall be determined. (2) Consideration.--In establishing guidelines under paragraph (1), the Secretary may take into consideration-- (A) current average annual earnings obtained from the land, and the extent of fractionated ownership interests in land, of eligible individuals; and (B) any other factor the Secretary considers to be appropriate. (c) Acceptance of Offer.--On acceptance by an eligible individual of an offer of the Tribe under this section-- (1) the Tribe shall pay to the eligible individual the reasonable purchase price of the land, or interest in land, of the eligible individual, as determined in accordance with subsection (b); and (2) title to the land, or interest in land, acquired from the eligible individual shall be conveyed to the United States, to be held in trust by the Secretary for the benefit of the Tribe. (d) Judicial Review.--The terms and amount of any offer of the Tribe to purchase land, or an interest in land, of an eligible individual under this section shall not be subject to judicial review. SEC. 5. PURCHASING PROGRAM FUNDING. (a) Loan Obligations by Secretary.-- (1) Issuance.-- (A) In general.--To the extent approved in annual appropriations Acts, the Secretary may enter into 1 or more loan obligations with the Tribe as the Secretary determines to be necessary to fund the purchasing program established under section 4(a)(1). (B) Requirements.--Any loan issued under subparagraph (A) shall be subject to such terms and conditions as the Secretary determines to be appropriate. (C) Cost.--The Secretary shall establish terms and conditions of loans under this paragraph that will result in a budget cost of zero for each loan, to the maximum extent practicable. (2) Term.--A loan issued under paragraph (1) shall be repaid not later than 40 years after the date of issuance of the loan. (3) Interest.--A loan issued under paragraph (1) shall bear interest at a rate to be determined by the Secretary, in consultation with the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. (4) Limitations.-- (A) Total amount.--On any date, the total amount of obligations issued under paragraph (1) shall not exceed $380,000,000. (B) Timing.--The Secretary shall not issue any loan under this section after September 30, 2012. (b) Repayment of Obligations.-- (1) In general.--The Tribe shall use the revenues from any land purchased by the Tribe under this Act to repay the Secretary the amount of any obligation, including interest on such an obligation, issued under subsection (a). (2) Reasonable prospect of repayment.--The Secretary shall ensure, to the maximum extent practicable, that projected revenues described in paragraph (1) provide reasonable prospect of repayment of the amount of obligations issued under subsection (a). SEC. 6. DONATION OF LAND. (a) In General.--Subject to subsection (b), the Secretary may accept from any eligible individual a donation of land or an interest in land within the Reservation. (b) Conditions.-- (1) Title held in trust.--The Secretary shall hold in trust for the benefit of the Tribe the title to any land or interest in land acquired by the Secretary under subsection (a). (2) Designation of place of honor.--The Tribe shall designate on the Reservation a place of honor, as the Tribe determines to be appropriate, at which the name of any eligible individual that donates land to the Secretary under subsection (a) shall be displayed in perpetuity, in recognition of the donation. SEC. 7. LAND MANAGEMENT. (a) Tribal Responsibility.--Land, and interests in land, held in trust by the Secretary for the benefit of the Tribe under this Act shall be managed by the Tribe in accordance with a land management program to be developed and implemented by the Tribe to achieve repayment of each applicable loan obligation under section 5. (b) Limitation of Trust Responsibility.--The trust responsibility of the Secretary with respect to land and interests in land described in subsection (a) shall be limited to-- (1) ensuring that the land and interests in land are not subject to alienation; and (2) enabling the Tribe to exercise jurisdiction over the land and interests in land. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2009 and each fiscal year thereafter, to remain available until expended. SEC. 8. EFFECT OF ACT. (a) In General.--Nothing in this Act-- (1) materially affects the management or operation of Bighorn Lake or Yellowtail Dam; or (2) affects any legally protected right to water in the Bighorn River in the State of Wyoming in existence on the date of enactment of this Act. (b) Purchasing Program.--No purchase of land or an interest in land by the Tribe pursuant to the program established under section 4(a)(1) materially affects-- (1) the management or operation of Bighorn Lake or Yellowtail Dam; or (2) any legally protected right described in subsection (a)(2).

Crow Tribe Land Restoration Act - Directs the Secretary of the Interior to establish a loan program to assist the Crow Tribe of the State of Montana in purchasing from eligible individuals land and interests in land within the Crow Reservation in the state. Authorizes the Secretary to enter into one or more loan obligation(s) with the Tribe as the Secretary determines necessary to fund such program. Allows the Secretary to accept from any eligible individual a donation of land or an interest in land within the Reservation to hold in trust for the benefit of the Tribe. Requires the Tribe to manage such land and interests in accordance with a land management program to be developed and implemented by the Tribe to achieve repayment of each applicable loan obligation issued pursuant to this Act.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Complaint and Litigation Accountability Improvement Measures Act'' or the ``Trade CLAIM Act''. SEC. 2. REVIEW OF DETERMINATIONS OF THE UNITED STATES TRADE REPRESENTATIVE BY THE COURT OF INTERNATIONAL TRADE. Section 1581 of title 28, United States Code, is amended-- (a) in subsection (i)-- (1) in the matter preceding paragraph (1), by striking ``subsections (a)-(h)'' and inserting ``subsections (a)-(h) and (k)''; and (2) in paragraph (4), by striking ``subsections (a)-(h)'' and inserting ``subsections (a)-(h) and (k)''; and (b) by adding at the end the following: ``(k) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced by a petitioner requesting that the United States Trade Representative take action under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) to review de novo any determination or action of the United States Trade Representative under section 301(a), 302(a)(2), 304(a)(1), 305(a)(2)(A)(ii), 306(b), or 307(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a), 2412(a)(2), 2414(a)(1), 2415(a)(2)(A)(ii), 2416(b), or 2417(a)(1)).''. SEC. 3. CONSIDERATION BY THE UNITED STATES TRADE REPRESENTATIVE OF PETITIONS TO ENFORCE UNITED STATES TRADE RIGHTS. (a) Actions by United States Trade Representative.--Section 301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended-- (1) in subsection (a)-- (A) in paragraph (1) in the flush text at the end, by striking ``, subject to the specific direction, if any, of the President regarding any such action,''; and (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``in any case in which'' and inserting ``if''; (ii) in subparagraph (A)(ii)(II), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (B) and inserting the following: ``(B) the foreign country has-- ``(i) agreed to imminently eliminate the act, policy, or practice, or ``(ii) agreed to a solution to imminently relieve the burden or restriction on United States commerce resulting from the act, policy, or practice; ``(C) the Trade Representative finds that it is impossible for the foreign country to achieve the results described in subparagraph (B), but the foreign country agrees to provide to the United States compensatory trade benefits that are equivalent in value to the burden or restriction on United States commerce resulting from the acts, policy, or practice; ``(D) in extraordinary cases, the Trade Representative finds that the taking of action under this subsection would have an adverse impact on the United States economy substantially out of proportion to the benefits of such action, taking into account the impact of not taking such action on the credibility of the provisions of this chapter; or ``(E) the Trade Representative finds that the taking of action under this subsection would cause serious harm to the national security of the United States.''; and (2) in subsection (c)(1)(D)-- (A) by amending clauses (i) and (ii) to read as follows: ``(i) imminently eliminate the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b), ``(ii) imminently relieve the burden or restriction on United States commerce resulting from the act, policy, or practice,''; and (B) by amending subclause (I) of clause (iii) to read as follows: ``(I) are equivalent in value to the burden or restriction on United States commerce resulting from the act, policy, or practice, and''. (b) Initiation of Investigations.--Section 302 of the Trade Act of 1974 (19 U.S.C. 2412) is amended-- (1) in subsection (a)(2), by striking the period and inserting ``based on whether the petitioner has alleged facts that, if assumed to be true, would meet the criteria set forth in section 301(a)(1).''; and (2) in subsection (c), by striking ``(a) or''. (c) Consultations.--Section 303 of the Trade Act of 1974 (19 U.S.C. 2413) is amended-- (1) in subsection (a)(2), by striking ``mutually acceptable resolution'' and inserting ``resolution acceptable to the Trade Representative, the foreign country, and the petitioner (if any)''; and (2) in subsection (b)(1)(A), by striking ``after consulting with'' and inserting ``with the consent of''. (d) Implementation of Actions.--Section 305(a)(1) of the Trade Act of 1974 (19 U.S.C. 2415(a)(1)) is amended by striking ``, subject to the specific direction, if any, of the President regarding any such action,''. (e) Monitoring of Foreign Compliance.--Section 306(b) of the Trade Act of 1974 (19 U.S.C. 2416(b)) is amended-- (1) in paragraph (1), by striking ``the Trade Representative considers'' and inserting ``the Trade Representative or the petitioner (if any) considers''; and (2) in paragraph (2)(A), by striking ``the Trade Representative considers'' and inserting ``the Trade Representative or the petitioner (if any) considers''. (f) Modification and Termination of Action.--Section 307(a)(1) of the Trade Act of 1974 (19 U.S.C. 2417(a)(1)) is amended by striking ``, subject to the specific direction, if any, of the President with respect to such action,''.

Trade Complaint and Litigation Accountability Improvement Measures Act or the Trade CLAIM Act - Amends the federal judicial code to grant the Court of International Trade exclusive jurisdiction of any civil action commenced by a petitioner requesting de novo review of a U.S. Trade Representative (Trade Representative) decision concerning the enforcement of U.S. trade rights. Amends the Trade Act of 1974 to revise requirements concerning the enforcement of U.S. trade rights with respect to presidential authority and the responsibility of the Trade Representative. Permits the Trade Representative to take further action to enforce U.S. rights, based on the Trade Representative's monitoring, when a petitioner considers that the actions of a foreign country in implementing a measure have not been satisfactory.

A bill to make determinations by the United States Trade Representative under title III of the Trade Act of 1974 reviewable by the Court of International Trade and to ensure that the United States Trade Representative considers petitions to enforce United States trade rights, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``National Trails System Willing Seller Act''. SEC. 2. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR CERTAIN TRAILS. (a) Oregon National Historic Trail.--Section 5(a)(3) of the National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail.''. (b) Mormon Pioneer National Historic Trail.--Section 5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail.''. (c) Continental Divide National Scenic Trail.--Section 5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail.''. (d) Lewis and Clark National Historic Trail.--Section 5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail.''. (e) Iditarod National Historic Trail.--Section 5(a)(7) of the National Trails System Act (16 U.S.C. 1244(a)(7)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail.''. (f) North Country National Scenic Trail.--Section 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (g) Ice Age National Scenic Trail.--Section 5(a)(10) of the National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (h) Potomac Heritage National Scenic Trail.--Section 5(a)(11) of the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof.''. (i) Nez Perce National Historic Trail.--Section 5(a)(14) of the National Trails System Act (16 U.S.C. 1244(a)(14)) is amended by adding at the end the following: ``No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner thereof. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail.''. (j) Conforming Amendment.--Section 10(c) of the National Trails System Act (16 U.S.C. 1249(c)) is amended to read as follows: ``(c)(1) Except as otherwise provided in this Act, there is authorized to be appropriated such sums as may be necessary to implement the provisions of this Act relating to the trails designated by section 5(a). ``(2) Not more than $500,000 may be appropriated for the purposes of land acquisition and interests therein for the Natchez Trace National Scenic Trail designated by section 5(a)(12) of this Act, and not more than $2,000,000 may be appropriated for the purposes of the development of such trail. The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail.''.

National Trails System Willing Seller Act - Amends the National Trails System Act to: (1) prohibit the Government acquisition of lands outside the exterior boundaries of any federally administered area, except with the owner's consent, for the Oregon, Mormon Pioneer, Lewis and Clark, Iditarod, and Nez Perce National Historic Trails and the Continental Divide, North Country, Ice Age, and Potomac Heritage National Scenic Trails; and (2) provide that the Government's authority to acquire fee title shall be limited to an average of not more than one-quarter mile on either side of such national historic trails and the Continental Divide National Scenic Trail.

To amend the National Trails System Act to clarify Federal authority relating to land acquisition from willing sellers for the majority of the trails in the System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Warriors' Peer-Outreach Pilot Program Act''. SEC. 2. PILOT PROGRAM ON THE PROVISION OF OUTREACH AND SUPPORT SERVICES TO VETERANS PURSUING HIGHER EDUCATION UNDER THE POST 9/11 EDUCATIONAL ASSISTANCE PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Pilot Program.--The Secretary of Veterans Affairs shall carry out a three-year pilot program to provide outreach and support services at institutions of higher learning (as that term is defined in section 3452(f) of title 38, United States Code) that are designed to promote improved higher-education outcomes and the successful use of needed services for veterans using their entitlement to educational assistance under chapter 33 of title 38, United States Code, to pursue a program of education leading to a degree at the institution of higher learning. (b) Selection of Institutions.-- (1) Types of institutions.--The Secretary shall select three institutions of higher learning at which the Secretary shall carry out the pilot program under this section, as follows: (A) One four-year public university. (B) One community college. (C) One private, not-for-profit college. (2) Other requirements.--To be eligible to participate in the pilot program under this section, an institution shall-- (A) provide office space, the capability for veterans described in subsection (c)(1) to use information technology equipment, and appropriate information-technology support services for the individual who will provide peer-outreach and peer- support services at such institution; and (B) cooperate with the Secretary in providing such data as the Secretary may require to evaluate the effectiveness of the pilot program, as described in subsection (c)(3). (3) Priority for selection.--In selecting institutions of higher learning for purposes of the pilot program under this section, the Secretary shall give priority to-- (A) institutions of higher learning with existing peer outreach programs for veteran students; and (B) institutions of higher learning located in States with large student veteran populations, as determined by the Secretary. (c) Program Requirements.--In carrying out the pilot program under subsection (a), the Secretary shall-- (1) Provide peer-outreach and peer-support services to veterans of Operation Enduring Freedom, Operation Iraqi Freedom and Operation New Dawn who are students at an institution where the Secretary carries out the pilot program, with particular emphasis on assisting individuals who may have, or may be having, difficulty in adjusting to such institution, or who may need services or supports that such institution is not equipped to provide, by employing veterans-- (A) who-- (i) are using their entitlement to educational assistance under chapter 33 of title 38, United States Code, to pursue a program of education leading to a degree at the institution of higher learning; or (ii) have used their entitlement to educational assistance under such chapter to complete a program of education and graduate from such an institution during the 18-month period preceding the date on which the veteran is hired to perform services under the pilot program; and (B) who have served on active duty in a theater of combat operations (with special consideration given to veterans who have recovered or are recovering from a mental health condition). (2) Provide for training veterans employed as described in paragraph (1). (3) Develop requirements and measures for assessing the impact and effectiveness of the services provided under the pilot program, including-- (A) developing and disseminating an online survey instrument (designed to establish baseline data, including data on need for services) to veterans attending the institutions of higher education described in paragraph (1) of this subsection; (B) developing and disseminating (not earlier than 18 months after the start of the pilot program) a follow-up online survey instrument (designed to gather data, including data to assess engagement with peer- support, experience accessing services, and adjustment to higher education) other on the possible impact of the program); and (C) tabulating-- (i) the number of veterans who meet on an individual basis with such peer; (ii) the number of referrals such individual makes; and (iii) the outcome of such referrals. (d) Duration.-- The authority of the Secretary to provide services under the pilot program under this section shall terminate on the later of the following dates: (1) The date that is three years after the date of the commencement of the pilot program. (2) The date of the last day of the academic year that ends not more than 180 days after the date that is three years after the date of the commencement of the pilot program. (e) Report.--Not later than nine months after the completion of the pilot program under this section, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the pilot program. The report shall include the following: (1) A description of the implementation and operation of the program. (2) An evaluation of effectiveness of then peer-outreach services provided under the program in-- (A) reducing the prevalence of veterans failing to continue higher education pursuits using their entitlement to educational assistance under chapter 33 of title 38, United States Code; (B) improving other outcomes related to higher education for veterans using such entitlement; and (C) the use by such veterans of needed behavioral health and other services. (3) An analysis of the costs and benefits of the program. (4) The Secretary's recommendations, if any, regarding an extension or expansion of the program.

Warriors' Peer-Outreach Pilot Program Act - Directs the Secretary of Veteran Affairs (VA) to carry out a three-year pilot program to provide outreach and support services to veterans at institutions of higher learning that enable them to make more successful use of their entitlement to educational assistance. Requires the Secretary to select one four-year public university, one community college, and one private nonprofit college at which to conduct the pilot program. Requires the pilot program to provide peer-outreach and peer-support services to students at such institutions who are veterans of Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn by employing veterans who: (1) are using, or have successfully used, their entitlement to educational assistance; and (2) have served on active duty in a theater of combat operations. Directs the Secretary to provide training to the veterans employed by the pilot program and to develop requirements and measures for assessing the effectiveness of program services.

Warriors' Peer-Outreach Pilot Program Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Operations Require Tough Scrutiny (PORTS) Act of 2006''. SEC. 2. COMMENCEMENT OF INVESTIGATIONS. (a) Discretionary Investigations.--Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(a)) is amended-- (1) in the second sentence, by striking ``30 days'' and inserting ``60 days''; (2) by inserting after the second sentence the following new sentence: ``The 60-day period specified in the preceding sentence may be extended by an additional 10 days if the President or the President's designee determines that it is appropriate to do so.''; and (3) in the fourth sentence (as so redesignated), by striking ``such determination'' and inserting ``a determination is made under this subsection that an investigation should be undertaken''. (b) Mandatory Investigations.--Section 721(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(b)) is amended-- (1) in paragraph (1), by striking ``30 days'' and inserting ``60 days''; and (2) by adding at the end the following new sentence: ``The 60-day period specified in paragraph (1) may be extended by an additional 10 days if the President or the President's designee determines that it is appropriate to do so.''. (c) Effective Date.--The amendments made by subsections (a) and (b) apply with respect to written notifications of proposed or pending mergers, acquisitions, or takeovers received pursuant to section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) on or after the date of the enactment of this Act. SEC. 3. ADDITIONAL MANDATORY INVESTIGATIONS. (a) Amendments.--Section 721(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(b)), as amended by section 2(b) of this Act, is further amended-- (1) in the first sentence-- (A) by striking ``The President or the President's designee'' and inserting the following new paragraph: ``(1) In general.--The President or the President's designee''; (B) by striking ``in which an entity'' and inserting ``in which-- ``(A) an entity''; (C) by striking ``which could result in control'' and inserting ``which could result in-- ``(i) control''; (D) by striking the period at the end and inserting ``; or ``(ii) control of a person engaged in interstate commerce in the United States that could affect the critical infrastructure of the United States; or''; and (E) by adding at the end the following new subparagraph: ``(B) a foreign person seeks to engage in any merger, acquisition, or takeover which could result in foreign control of persons engaged in interstate commerce in the United States that could affect the critical infrastructure of the United States.''; (2) in the second sentence-- (A) by striking ``Such investigation'' and inserting the following new paragraph: ``(2) Requirements relating to commencement and completion.-- ``(A) In general.--An investigation described in paragraph (1)''; and (B) by redesignating paragraphs (1) and (2) as clauses (i) and (ii), respectively, and moving the margins of clauses (i) and (ii) (as so redesignated) 4 ems to the right; (3) in the third sentence (as added by section 2(b)(2) of this Act), by striking ``The 60-day period specified in paragraph (1)'' and inserting the following new subparagraph: ``(B) Extension of commencement.--The 60-day period specified in clause (i)''; and (4) by adding at the end the following new paragraph: ``(3) Definition.--In this subsection, the term `critical infrastructure'-- ``(A) has the meaning given the term in section 2(4) of the Homeland Security Act of 2002 (6 U.S.C. 101(4)); and ``(B) includes seaports in the United States.''. (b) Effective Date.--The amendments made by subsection (a) apply with respect to written notifications of proposed or pending mergers, acquisitions, or takeovers received pursuant to section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) on or after the date of the enactment of this Act. SEC. 4. REPORT; ACTION WITH RESPECT TO CERTAIN MANDATORY INVESTIGATIONS. (a) Amendments.--Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended-- (1) by redesignating subsections (g) through (k) as subsections (h) through (l), respectively; and (2) by inserting after subsection (f) the following new subsection: ``(g) Report; Action With Respect to Certain Mandatory Investigations.-- ``(1) Report.--If the determination of the President or the President's designee pursuant to an investigation described in subsection (b)(1)(A)(ii) of this section is that the President or the President's designee, as the case may be, approves or does not otherwise object to the merger, acquisition, or takeover which is the subject of the investigation and the President decides not to take action pursuant to subsection (d) of this section with respect to the merger, acquisition, or takeover, as the case may be, then the President shall, not later than 30 days after the date on which the investigation is completed, transmit to the Congress a report that contains the decision of the President not to take action pursuant to subsection (d) of this section with respect to the merger, acquisition, or takeover, as the case may be. ``(2) Action pursuant to joint resolution.--If, not later than 45 days after the date on which the Congress receives the report referred to in paragraph (1), a joint resolution described in paragraph (3) is enacted into law, then the President shall take such action under subsection (d) of this section as is necessary to prohibit the merger, acquisition, or takeover which is the subject of the investigation, including, if the merger, acquisition, or takeover, as the case may be, has been completed, directing the Attorney General to seek divestment or other appropriate relief in the district courts of the United States. ``(3) Joint resolution described.--For purposes of paragraph (2), the term `joint resolution' means a joint resolution of the Congress, the sole matter after the resolving clause of which is as follows: `That the Congress disapproves the decision of the President contained in the report transmitted to the Congress pursuant to section 721(g)(1) of the Defense Production Act of 1950 on _________.', with the blank space being filled with the appropriate date. ``(4) Computation of review period.--In computing the 45- day period referred to in paragraph (2), there shall be excluded any day described in section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)).''. (b) Effective Date.--The amendments made by subsection (a) apply with respect to investigations commenced under section 721(b)(1)(A)(ii) of the Defense Production Act of 1950 (as added by section 3(a)(1)(D) of this Act) on or after the date of the enactment of this Act. SEC. 5. ANNUAL REPORT. (a) Amendments.--Subsection (h) of section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170(g)), as redesignated by section 2(a)(1) of this Act, is amended-- (1) in the heading, by striking ``Report'' and inserting ``Reports''; (2) by striking ``The President'' and inserting the following: ``(1) Report on presidential action.--The President''; and (3) by adding at the end the following new paragraph: ``(2) Annual report.-- ``(A) In general.--The President or the President's designee shall transmit to the appropriate congressional committees an annual report that contains-- ``(i) a description of each written notification of a proposed or pending merger, acquisition, or takeover received pursuant to this section during the preceding year, including, with respect to each such written notification involving a merger, acquisition, or takeover described in subsection (b)(1)(A)(ii), an analysis of the corporate structure of the entity controlled by or acting on behalf of a foreign government, including whether or not the entity is a publicly-traded corporation, and an identification of the majority shareholder or shareholders; and ``(ii) a description of the determination to undertake or not undertake an investigation of the merger, acquisition, or takeover referred to in clause (i) and the reasons therefor. ``(B) Definition.--In this paragraph, the term `appropriate congressional committees' means-- ``(i) the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives; and ``(ii) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate.''. (b) Effective Date.--The report required to be transmitted to Congress under section 721(h)(2) of the Defense Production Act of 1950 (as added by subsection (a) of this section) shall be transmitted beginning in 2007 and each subsequent calendar year. SEC. 6. TECHNICAL AMENDMENTS. Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170), as amended by this Act, is further amended-- (1) in subsection (d), by striking ``Subject to subsection (d)'' and inserting ``Subject to subsection (e)''; (2) in subsection (e), by striking ``the authority conferred by subsection (c)'' and inserting ``the authority conferred by subsection (d)''; and (3) in subsection (h)(1) (as redesignated by section 2(a)(1) and further amended by section 3(a)(2) of this Act), by striking ``subsection (c) of this Act'' and inserting ``subsection (c) of this section''. SEC. 7. VERIFICATION OF SECURITY MEASURES UNDER THE CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM (C-TPAT) PROGRAM AND THE FREE AND SECURE TRADE (FAST) PROGRAM. (a) General Verification.--Not later than one year after the date of the enactment of this Act, and on a biannual basis thereafter, the Commissioner of the Bureau of Customs and Border Protection of the Department of Homeland Security shall verify on-site the security measures of each individual and entity that is participating in the Customs-Trade Partnership Against Terrorism (C-TPAT) program and the Free And Secure Trade (FAST) program. (b) Policies for Noncompliance With C-TPAT Program Requirements.-- The Commissioner shall establish policies for non-compliance with the requirements of the C-TPAT program by individuals and entities participating in the program, including probation or expulsion from the program, as appropriate.

Port Operations Require Tough Scrutiny (PORTS) Act of 2006 - Amends the Defense Production Act of 1950 relating to investigations of proposed corporate mergers, acquisitions, or takeovers (transactions) in the United States by a foreign interest which could affect U.S. national security to: (1) extend from 30 to 60 days after notification of the proposed transaction the period in which such investigation must be commenced by the President, if it is determined that there should be an investigation; and (2) allow an extension of such deadline by up to ten additional days if determined appropriate. Requires the investigation of a transaction which could result in foreign control of a person engaged in interstate commerce in the United States that could affect U.S. critical infrastructure. States with respect to certain mandatory investigations that if the President determines that the transaction should be approved or does not otherwise object to the transaction and the President does not suspend or prohibit such transaction, then the President, within 30 days after such decision, shall notify Congress of the decision. Allows Congress 45 days after such notification to enact into law a joint resolution disapproving the decision of the President and requiring the President to prohibit the proposed transaction, or, if the transaction has been completed, directing the Attorney General to seek divestment. Requires annual reports from the President to the congressional homeland security and intelligence committees on actions taken with regard to such investigations. Directs the Commissioner of the Bureau of Customs and Border Protection of the Department of Homeland Security (DHS) to: (1) verify on-site the security measures of each individual and entity participating in the Customs-Trade Partnership Against Terrorism (C-TPAT) program and the Free And Secure Trade (FAST) program; and (2) establish policies for non-compliance with requirements of the C-TPAT program, including probation and expulsion.

To amend the Defense Production Act of 1950 to strengthen the requirements relating to investigations under such Act, and for other purposes.

TITLE I--NATIONAL OCEAN EXPLORATION PROGRAM SEC. 101. SHORT TITLE. This title may be cited as the ``National Ocean Exploration Program Act''. SEC. 102. ESTABLISHMENT. The Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with existing programs of the Administration, including those authorized in title II. SEC. 103. AUTHORITIES. In carrying out the program established under section 102, the Administrator of the National Oceanic and Atmospheric Administration shall-- (1) conduct interdisciplinary exploration voyages or other scientific activities in conjunction with other Federal agencies or academic or educational institutions, to survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings; (2) give priority attention to deep ocean regions, with a focus on surveying deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts; (3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences; (4) develop, in consultation with the National Science Foundation, a transparent process for reviewing and approving proposals for activities to be conducted under this program; (5) enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensors; (6) accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans; and (7) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program. SEC. 104. OCEAN EXPLORATION TECHNOLOGY AND INFRASTRUCTURE TASK FORCE. The National Oceanic and Atmospheric Administration, in coordination with the National Aeronautics and Space Administration, the United States Geological Survey, Office of Naval Research, and relevant governmental, non-governmental, academic, and other experts, shall convene an ocean exploration technology and infrastructure task force to develop and implement a strategy-- (1) to facilitate transfer of new exploration technology to the program established under section 102; (2) to improve availability of communications infrastructure, including satellite capabilities, to the program; (3) to develop an integrated, workable, and comprehensive data management information processing system that will make information on unique and significant features obtained by the program available for research and management purposes; (4) to conduct public outreach activities that improve the public understanding of ocean science, resources, and processes, in conjunction with relevant programs of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other agencies; and (5) to encourage cost-sharing partnerships with governmental and non-governmental entities that will assist in transferring exploration technology and technical expertise to the program. SEC. 105. INTERAGENCY FINANCING. The National Oceanic and Atmospheric Administration, the National Science Foundation, and other Federal agencies involved in the program established under section 102, are authorized to participate in interagency financing and share, transfer, receive, and spend funds appropriated to any Federal participant in the program for the purposes of carrying out any administrative or programmatic project or activity under the program. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Federal participant and the costs of the same. SEC. 106. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT. Nothing in this title or title II supersedes, or limits the authority of the Secretary of the Interior under, the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title-- (1) $30,500,000 for fiscal year 2006; (2) $33,550,000 for fiscal year 2007; (3) $36,905,000 for fiscal year 2008; (4) $40,596,000 for fiscal year 2009; (5) $44,655,000 for fiscal year 2010; (6) $49,121,000 for fiscal year 2011; (7) $54,033,000 for fiscal year 2012; (8) $59,436,000 for fiscal year 2013; (9) $65,379,000 for fiscal year 2014; and (10) $71,917,000 for fiscal year 2015. TITLE II--UNDERSEA RESEARCH PROGRAM SEC. 201. SHORT TITLE. This title may be cited as the ``NOAA Undersea Research Program Act of 2005''. SEC. 202. ESTABLISHMENT. The Administrator of the National Oceanic and Atmospheric Administration shall establish and maintain an undersea research program and shall designate a Director of that program. SEC. 203. PURPOSE. The purpose of the program established under section 202 is to increase scientific knowledge essential for the informed management, use and preservation of oceanic, coastal, and large lake resources through undersea research, exploration, education, and technology development. The program shall be part of National Oceanic and Atmospheric Administration's undersea research, education, and technology development efforts, and shall make available the infrastructure and expertise to service the undersea science needs of the academic community. SEC. 204. PROGRAM. The program established under section 202 shall be conducted through a national headquarters, a network of regional undersea research centers, and a national technology institute. Overall direction of the program will be provided by the program director with advice from a Council of Center Directors comprised of the directors of the regional centers and the national technology institute. SEC. 205. REGIONAL CENTERS AND TECHNOLOGY INSTITUTE. The following research, exploration, education, and technology programs shall be conducted through the network of regional centers and the national technology institute: (1) Core research and exploration based on national and regional undersea research priorities. (2) Advanced undersea technology development to support the National Oceanic and Atmospheric Administration's research mission and programs, including advanced undersea technology associated with seafloor observatories such as LEO-15 and the Aquarius habitat, remotely operated vehicles, autonomous underwater vehicles, and new sampling and sensing technologies. (3) Undersea science-based education and outreach programs to enrich ocean science education and public awareness of the oceans and Great Lakes. (4) Discovery, study, and development of natural products from ocean and aquatic systems. SEC. 206. COMPETITIVENESS. Except for a small discretionary fund for rapid response activities, for which no more than 10 percent of the program budget shall be set aside, and for National Oceanic and Atmospheric Administration-related service projects, the external projects supported by the regional centers shall be managed using an open and competitive process to evaluate scientific merit, relevance to the National Oceanic and Atmospheric Administration, regional and national research goals, and technical feasibility. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration-- (1) for fiscal year 2006-- (A) $12,500,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $5,000,000 for the National Technology Institute; (2) for fiscal year 2007-- (A) $13,750,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $5,500,000 for the National Technology Institute; (3) for fiscal year 2008-- (A) $15,125,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $6,050,000 for the National Technology Institute; (4) for fiscal year 2009-- (A) $16,638,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $6,655,000 for the National Technology Institute; (5) for fiscal year 2010-- (A) $18,301,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $7,321,000 for the National Technology Institute; (6) for fiscal year 2011-- (A) $20,131,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $8,053,000 for the National Technology Institute; (7) for fiscal year 2012-- (A) $22,145,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $8,859,000 for the National Technology Institute; (8) for fiscal year 2013-- (A) $24,359,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $9,744,000 for the National Technology Institute; (9) for fiscal year 2014-- (A) $26,795,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $10,718,000 for the National Technology Institute; and (10) for fiscal year 2015-- (A) $29,474,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $11,790,000 for the National Technology Institute.

National Ocean Exploration Program Act - Directs the Secretary of Commerce to establish within the National Oceanic and Atmospheric Administration (NOAA) a coordinated national ocean exploration program that promotes collaboration with existing NOAA programs, including those authorized under this Act. Directs the NOAA Administrator to: (1) conduct interdisciplinary exploration voyages or other scientific activities to survey, inventory, observe, and assess little-known areas of the marine environment; (2) give priority to deep ocean regions, focusing on marine systems holding potential for important scientific discoveries; and (3) promote development of improved oceanographic research, communication, navigation, and data collection systems. Requires NOAA to convene an ocean exploration technology and infrastructure task force to develop and implement a strategy to: (1) facilitate the transfer of new exploration technology to the program; (2) improve the availability of communications infrastructure (including satellite) to the program; (3) develop a data management information processing system for information obtained under the program; and (4) conduct public education and outreach activities that improve the public understanding of ocean science, resources, and processes. Authorizes NOAA, the National Science Foundation, and other federal agencies to participate in interagency financing in carrying out program activities. NOAA Undersea Research Program Act of 2005 - Directs the Administrator of NOAA to establish and maintain an undersea research program conducted through a national headquarters, a network of regional undersea research centers, and a national technology institute.

To establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart from the Start Preschool Education for America Act of 2004''. SEC. 2. FORMULA GRANTS TO STATES FOR PRESCHOOL EDUCATION. (a) Purpose.--The purpose of this Act is to help America's families obtain high-quality, voluntary preschool education, thereby providing to each child the best possible start in life and an equal opportunity to succeed. (b) Grants.--For the activities described in subsection (c), the Secretary of Education, in consultation with the Secretary of Health and Human Services, shall make a grant each fiscal year to each State that submits an application in accordance with subsection (e). (c) Authorized Activities.--A funding agreement for a grant under this Act is that the State involved will expend the grant only for providing families in the State with access to high-quality, voluntary preschool education. (d) Program Quality Standards.-- (1) In general.--A funding agreement for a grant under this Act is that the State involved will meet or exceed the requirements of each of the program quality standards described in paragraph (2). (2) Standards.--For purposes of this Act, the Secretary shall develop program quality standards based on the recommendations of an independent panel of experts convened by the National Academy of Sciences. (e) Application.--A grant application is in accordance with this Act if the application-- (1) includes each funding agreement described in this Act; (2) with respect to such agreements, provides assurances of compliance satisfactory to the Secretary; and (3) is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this Act. (f) Determination of Amount of Grants.-- (1) Amounts reserved.-- (A) Territories and possessions.--The Secretary shall reserve not to exceed one half of 1 percent of the amount appropriated to carry out this Act in each fiscal year for payments to the outlying areas to be allotted in accordance with their respective needs. (B) Indian tribes.--The Secretary shall reserve not less than 1 percent, and not more than 2 percent, of the amount appropriated to carry out this Act in each fiscal year for payments to Indian tribes and tribal organizations with applications approved under this section. (2) State allotment.-- (A) In general.--From the amounts appropriated to carry out this Act for each fiscal year remaining after reservations under paragraph (1), the Secretary shall allot to each State (except those described in paragraph (1)) an amount equal to the sum of-- (i) an amount that bears the same ratio to 50 percent of such remainder as the product of the young child factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States; and (ii) an amount that bears the same ratio to 50 percent of such remainder as the product of the school lunch factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States. (B) Young child factor.--The term ``young child factor'' means the ratio of the number of children in the State under 5 years of age to the number of such children in all States as provided by the most recent annual estimates of population in the States by the Census Bureau of the Department of Commerce. (C) School lunch factor.--The term ``school lunch factor'' means the ratio of the number of children in the State who are receiving free or reduced price lunches under the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) to the number of such children in all the States as determined annually by the Department of Agriculture. (D) Allotment percentage.-- (i) In general.--The allotment percentage for a State is determined by dividing the per capita income of all individuals in the United States, by the per capita income of all individuals in the State. (ii) Limitation.--If an allotment percentage determined under clause (i)-- (I) exceeds 1.2 percent, then the allotment percentage of that State shall be considered to be 1.2 percent; and (II) is less than 0.8 percent, then the allotment percentage of the State shall be considered to be 0.8 percent. (iii) Per capita income.--For purposes of clause (i), per capita income shall be-- (I) determined at 2-year intervals; (II) applied for the 2-year period beginning on October 1 of the first fiscal year beginning on the date such determination is made; and (III) equal to the average of the annual per capita incomes for the most recent period of 3 consecutive years for which satisfactory data are available from the Department of Commerce at the time such determination is made. (g) Definitions.--In this Act: (1) The term ``Indian tribe'' has the meaning given to such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (2) The term ``outlying area'' includes-- (A) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; and (B) the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau until an agreement for the extension of United States education assistance under the Compact of Free Association for each of the freely associated states becomes effective after the date of the enactment of this Act. (3) The term ``Secretary'' means the Secretary of Education. (4) Subject to subsection (f)(2)(A), the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, each of the outlying areas, and any Indian tribe or tribal organization. (5) The term ``tribal organization''-- (A) has the meaning given to such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); and (B) includes a Native Hawaiian Organization, as defined in section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517), and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $5,000,000,000 for the period of fiscal years 2005 through 2009.

Smart from the Start Preschool Education for America Act of 2004 - Directs the Secretary of Education to make formula grants to States to provide families with access to high-quality, voluntary preschool education. Directs the Secretary to develop program quality standards based on recommendations of an independent panel of experts convened by the National Academy of Sciences. Reserves specified amounts for outlying areas, Indian tribes, and tribal organizations, including Native Hawaiian organizations.

To authorize the Secretary of Education to make formula grants to States to ensure that families have access to high-quality, voluntary preschool education, and for other purposes.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Forest Fire and Pest Emergency Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purpose. Sec. 3. Definitions. Sec. 4. Declaration of emergency. Sec. 5. Strategic fire plan and budget. SEC. 2. FINDINGS AND PURPOSE: (a) Findings.-- (1) Congress accepts the report and findings of the National Commission on Wildlife Disasters, created through the Wildfire Disaster Recovery Act of 1989 in response to the destructive western fire season of 1987 and the Yellowstone fires of 1988. The commission found: (A) Millions of acres of forest, grassland, and desert in the United States face abnormally high risks of wildfire due to altered species composition, excessive fuel buildup, and increased ignition opportunity. (B) The problem is exceptionally severe on the public lands of the western states, where dangerous conditions exist over very large areas and wildfires can attain a size and intensity that defies control. (C) Preventing disaster in such situations can no longer be limited to suppression with engines, air tankers (fixed-wing aircraft that drop chemical retardant), and other firefighting paraphernalia. (D) In many forest situations, fuel reduction by mechanical removal through careful salvage logging, thinning, or other means will be needed before prescribed fire can be safely utilized. (E) The Southern California firestorm of 1993 burned nearly 200,000 acres, destroyed over 1,100 structures, killed three people and injured over 160, and cost an estimated $1 billion in suppression efforts, damages, and restoration. Soil erosion, mud slides, wildlife habitat loss, and other damage will leave an unforgotten legacy for years to come. (F) In California, 3,500 homes were destroyed by wildlife between 1920-89, but well over 4,200 were destroyed between 1990-93. (G) In 1992, when 24,500 acres of prime timber and recreation lands in the Sierra-typical mixed conifer forest, ladened with heavy fuels, bone dry from the six-year drought, and suffering from drought stress and insect and disease attack, ignited into a raging firestorm, it turned into the most expensive rural wildfire in California history in just four days. Total estimated value lost was $245 million dollars, $16.5 million in suppression costs, 2 lives and 72 firefighting injuries. After an optimistic salvage recovery, estimated value loss is $5,670 per acre. Cost for prevention fuels treatment average less than $200 per acre. (2) Based on recent scientific reports, including the California Spotted Owl Report (CASPO) and the Sierra Nevada Ecosystem Project Progress Report (SNEP), Congress finds: (A) The enormous wildfires awaiting ignition on the public lands of the west can no longer be seen as an uncontrollable act of nature; they will be the direct result of negligence in land management, much of which can be traced to the long-standing aversion to fire in all forms. (B) Major reductions in wildfire extent, damage and cost are possible if effective prevention actions are taken in time. (C) Wildfire must be mitigated by preventive land treatments that reduce fuels, break up large contiguous areas of dangerous conditions, improve building standards, and create defensible spaces between flammable fuels and susceptible buildings. (D) Outstanding late-successional forest areas are often found in the less accessible locations, and the potential for losing them to catastrophic wildfire is very high. (E) Stands once kept open by frequent, low- intensity lightning fires have been, as a consequence of fire suppression, highly altered both in structure and function by the development of dense, shade tolerant understories that now place them at risk of high-intensity stand- replacing fire. (F) Efforts to reduce catastrophic fire risk to late-successional forest stands, and to maintain key ecosystem processes and biodiversity, are much more likely to require active management in the Sierra Nevada. (G) Activities which reduce forest fuels will provide interim employment and availability of men and equipment for forest fire suppression. (b) Purpose.--The purpose of this Act is to immediately reduce the risk of wildlife on federal forest lands in California, immediately reduce the number of dead and dying trees, provide access to needed funding contained in the Emergency Firefighting Funds ($190,222,000 for Forest Service and $116,674,000 for Department of Interior in FY 94), provide access to needed funding contained in the Forest Service Emergency Pest Suppression Fund ($15,000,000 in FY 94) and to develop a Strategic fire protection plan with associated budget for Congressional consideration. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Natural fuels.--Fuels not directly generated or altered by management activity. This includes fuels that have accumulated as a result of fire exclusion. (2) Extreme fire risk.--Areas determined to be extremely vulnerable to wildfire based on a combination of fire history, weather patterns, topography, accessibility, visitor intensity, and fuel loads. (3) Secretaries.--The term ``Secretaries'' means the Secretary of Agriculture and the Secretary of the Interior. SEC. 4. DECLARATION OF EMERGENCY. The United States Congress declares the reduction of natural fuels, on Federal lands within the State of California identified as extreme fire risk, to constitute an emergency action to prevent or to reduce risk to public health or safety or to serious resource loss, for the duration of the drought as determined by the Secretaries. Notwithstanding direction in land management plans, Congress directs the Federal agencies to work cooperatively with State agencies to immediately identify areas of extreme fire risk and take immediate action to reduce natural fuels. Congress authorizes the use of emergency fire suppression funds to reduce natural fuels in such areas provided reductions in the Sierra forests are consistent with the fuels management guidelines of the California Spotted Owl EA or subsequent EIS. In areas identified as requiring additional treatments due to drought or pest infestation on National forest lands, the Forest Service is directed to prepare a budget request declaring an emergency, pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 5. STRATEGIC FIRE PLAN AND BUDGET. The Federal agencies are further directed to prepare, in consultation and coordination with other federal agencies and the State of California, a strategic fire plan and annual budget. The plan and budget shall be submitted to Congress by March 1, 1995 for inclusion in the 1996 appropriations request with a supplemental appropriations request, if needed, for 1995 funding of natural fuels treatment.

Forest Fire and Pest Emergency Act - Declares that the reduction of natural fuels, on Federal lands within California that have been identified as extreme fire risk, constitutes an emergency action to prevent or to reduce risk to public health or safety or to serious resource loss for the duration of the drought there. Directs Federal agencies to work with State agencies to identify areas of extreme fire risk and take action to reduce natural fuels. Authorizes the use of emergency fire suppression funds to reduce natural fuels in such areas, provided reductions in the Sierra forests are consistent with the fuels management guidelines of the California Spotted Owl EA or subsequent EIS. Directs the Forest Service to prepare a budget request declaring an emergency in areas identified as requiring additional treatments due to drought or pest infestation on National forest lands. Directs Federal agencies to prepare, and submit to the Congress, a strategic fire plan and annual budget.

Forest Fire and Pest Emergency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Rural Schools and Community Self-Determination Reauthorization Act of 2005''. SEC. 2. REAUTHORIZATION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF- DETERMINATION ACT OF 2000. (a) Extension Through Fiscal Year 2013.--The Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note) is amended-- (1) in sections 101(a), 203(a)(1), 207(a), 208, 303, and 401, by striking ``2006'' each place it appears and inserting ``2013''; (2) in section 208, by striking ``2007'' and inserting ``2014''; and (3) in section 303, by striking ``2007'' and inserting ``2014,''. (b) Authority to Resume Receipt of 25- or 50-Percent Payments.-- (1) 25-percent payments.--Section 102(b) of the Secure Rural Schools and Community Self-Determination Act of 2000 is amended-- (A) in paragraph (1), by inserting ``of the Treasury'' after ``Secretary''; and (B) in paragraph (2)-- (i) in the first sentence, by inserting ``, including such an election made during the last quarter of fiscal year 2006 under this paragraph,'' after ``25-percent payment''; and (ii) in the second sentence, by striking ``fiscal year 2006'' and inserting ``fiscal year 2013, except that the Secretary of the Treasury shall give the county the opportunity to elect, in writing during the last quarter of fiscal year 2006, to begin receiving the 25- percent payment effective with the payment for fiscal year 2007''. (2) 50-percent payments.--Section 103(b)(1) of such Act is amended by striking ``fiscal year 2006'' and inserting ``fiscal year 2013, except that the Secretary of the Treasury shall give the county the opportunity to elect, in writing during the last quarter of fiscal year 2006, to begin receiving the 50-percent payment effective with the payment for fiscal year 2007''. (c) Clarification Regarding Source of Payments.-- (1) Payments to eligible states from national forest lands.--Section 102(b)(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 is amended-- (A) by striking ``trust fund,'' and inserting ``trust funds, permanent funds,''; (B) by inserting a comma after ``and''; and (C) by adding at the end the following new sentence: ``If the Secretary of the Treasury determines that a shortfall is likely for a fiscal year, all revenues, fees, penalties, and miscellaneous receipts referred to in the preceding sentence, exclusive of required deposits to relevant trust funds, permanent funds, and special accounts, that are received during that fiscal year shall be reserved to make payments under this section for that fiscal year.''. (2) Payments to eligible counties from blm lands.--Section 103(b)(2) of such Act is amended-- (A) by striking ``trust fund,'' and inserting ``trust funds''; (B) by inserting a comma after ``and''; and (C) by adding at the end the following new sentence: ``If the Secretary of the Treasury determines that a shortfall is likely for a fiscal year, all revenues, fees, penalties, and miscellaneous receipts referred to in the preceding sentence, exclusive of required deposits to relevant trust funds and permanent operating funds, that are received during that fiscal year shall be reserved to make payments under this section for that fiscal year.''. (d) Term for Resource Advisory Committee Members; Reappointment.-- Section 205(c)(1) of the Secure Rural Schools and Community Self- Determination Act of 2000 is amended-- (1) in the second sentence, by striking ``The Secretary concerned may reappoint members to'' and inserting ``A member of a resource advisory committee may be reappointed for one or more''; and (2) by adding at the end the following new sentence: ``Section 1803(c) of Food and Agriculture Act of 1977 (7 U.S.C. 2283(c)) shall not apply to a resource advisory committee established by the Secretary of Agriculture.''. (e) Revision of Pilot Program.--Section 204(e)(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 is amended-- (1) in subparagraph (A), by striking ``The Secretary'' and all that follows through ``approved projects'' and inserting ``At the request of a resource advisory committee, the Secretary concerned may establish a pilot program to implement one or more of the projects proposed by the resource advisory committee under section 203''; (2) by striking subparagraph (B); (3) in subparagraph (C), by striking ``by the Secretary concerned''; (4) in subparagraph (D)-- (A) by striking ``the pilot program'' in the first sentence and inserting ``pilot programs established under subparagraph (A)''; and (B) by striking ``the pilot program is'' in the second sentence and inserting ``pilot programs are''; and (5) by redesignating subparagraphs (C), (D), and (E), as so amended, as subparagraphs (B), (C), and (D). (f) Notification and Reporting Requirements Regarding County Projects.-- (1) Additional requirements.--Section 302 of the Secure Rural Schools and Community Self-Determination Act of 2000 is amended by adding at the end the following new subsection: ``(c) Notification and Reporting Requirements.-- ``(1) Notification.--Not later than 90 days after the end of each fiscal year during which county funds are obligated for projects under this title, the participating county shall submit to the Secretary concerned written notification specifying-- ``(A) each project for which the participating county obligated county funds during that fiscal year; ``(B) the authorized use specified in subsection (b) that the project satisfies; and ``(C) the amount of county funds obligated or expended under the project during that fiscal year, including expenditures on Federal lands, State lands, and private lands. ``(2) Review.--The Secretary concerned shall review the notifications submitted under paragraph (1) for a fiscal year for the purpose of assessing the success of participating counties in achieving the purposes of this title. ``(3) Annual report.--The Secretary concerned shall prepare an annual report containing the results of the most-recent review conducted under paragraph (2) and a summary of the notifications covered by the review. ``(4) Submission of report.--The report required by paragraph (3) for a fiscal year shall be submitted to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate and the Committee on Agriculture and the Committee on Resources of the House of Representatives not later than 150 days after the end of that fiscal year.''. (2) Definition of secretary concerned.--Section 301 of such Act is amended by adding at the end the following new paragraph: ``(3) Secretary concerned.--The term `Secretary concerned' means-- ``(A) the Secretary of Agriculture or the designee of the Secretary of Agriculture, with respect to county funds reserved under section 102(d)(1)(B)(ii) for expenditure in accordance with this title; ``(B) the Secretary of the Interior or the designee of the Secretary of the Interior, with respect to county funds reserved under section 103(c)(1)(B)(ii) for expenditure in accordance with this title.''. (3) References to participating county.--Section 302(b) of such Act is amended-- (A) by striking ``An eligible county'' each place it appears in paragraphs (1), (2), and (3) and inserting ``A participating county''; and (B) by striking ``A county'' each place it appears in paragraphs (4), (5), and (6) and inserting ``A participating county''. (g) Technical Correction.--Section 205(a)(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 is amended by striking the comma after ``the Secretary concerned may''.

Secure Rural Schools and Community Self-determination Reauthorization Act of 2005 - Amends the Secure Rural Schools and Community Self-determination Act of 2000 to extend the Act through FY2013, including the authority for special and county projects on National Forest System and certain Bureau of Land Management (BLM) lands. Amends the Act to: (1) make elections by eligible counties to receive the full payment amount with respect to payments from National Forest lands for the benefit of public education and transportation or the BLM lands for the benefit of public safety, law enforcement, education, and other public purposes effective through FY2013; (2) give eligible counties the opportunity to make payment elections in writing during the last quarter of FY2006; and (3) reserve for payments specified revenues, fees, penalties, and miscellaneous receipts (exclusive of required deposits) in the event of a shortfall. Amends the Act regarding: (1) resource advisory committee membership; and (2) revision of the merchantable material contracting pilot program. Requires counties participating in county projects to submit to the Secretary concerned a specified written notification for each project for which the participating county obligated county funds. Requires the Secretary concerned to: (1) review such notifications; and (2) report annually to specified congressional committees.

To reauthorize the Secure Rural Schools and Community Self-Determination Act of 2000, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Educational Rights and Privacy Act Amendments of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Federal authorities charged with examining the tragic shootings at Virginia Tech in April 2007 found that confusion and overly-restrictive interpretations of Federal privacy laws, State medical confidentiality laws, and regulations unnecessarily impede the effective transfer of information that could prove useful in averting tragedies. Some school administrators are unaware of exceptions to Federal privacy laws that could allow relevant information about a student's mental health to be appropriately shared. (2) The purpose of this Act is to eliminate ambiguity in Federal education privacy law to ensure that the Family Educational Rights and Privacy Act of 1974 (FERPA) is not interpreted as prohibiting information sharing between on- campus and off-campus health care providers when both are involved in treating a student. Such ``consults'' are generally permitted by State medical confidentiality law, and FERPA should not be interpreted as posing an additional obstacle. The Virginia Tech Review Panel recommended that changes to ``FERPA should explicitly explain how it applies to medical records held for treatment purposes''. The panel reported that misinterpretation of how student treatment records are handled under FERPA as the main source of confusion. FERPA protects the privacy of both student education records and student treatment records from being disclosed generally. (3) The Virginia Tech Review Panel recommended that Federal privacy laws should be amended to include ``safe harbor'' provisions that would insulate a person or organization from the loss of Federal education funding for making a disclosure with a good faith belief that the disclosure was necessary to protect the health or safety of a student or member of the public at large. The Commission further recommended that the Federal Educational Rights and Privacy Act of 1974 (FERPA) be amended to clarify the ability of educational institutions to disclose information in emergency situations and to facilitate treatment of students at off-campus facilities. (4) Mental disorders frequently begin during youth. Research supported by the National Institute of Mental Health found that half of all lifetime cases of mental illness begin by age 14; three quarters have begun by age 24. (5) In 2004, the Centers for Disease Control and Prevention reported 4,316 suicides among young adults aged 15-24, making it the third leading cause of death in this age group. There were an additional 5,074 suicides among those aged 25-34, making it the second leading cause of death in this age group. (6) Depression, mental illness, and suicide are problems on college campuses. In 2006, 44 percent of college students reported feeling so depressed it was difficult to function and 9 percent seriously considered suicide, according to a 2006 national survey conducted by the American College Health Association. (7) While most people in the United States with a mental disorder eventually seek treatment, a National Institute of Mental Health study found pervasive and lengthy delays in getting treatment, with the median delay across disorders being nearly a decade. Over a 12-month period, 60 percent of those with a mental disorder got no treatment at all. (8) A 2006 survey sponsored by the American College Counseling Association found that 9 percent of enrolled students sought counseling last year and 92 percent of counseling center directors reported an increase in the number of students with severe psychological disorders. (9) Recent events, including the campus shootings at the Virginia Tech and Northern Illinois universities, have further highlighted the deadly problems of mental illness and violence in American schools. The Northern Illinois shooting resulted in 6 deaths while the Virginia Tech killings left 32 people dead, making it the most lethal school shooting in United States history. SEC. 3. STUDENT HEALTH RECORDS. The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) is amended by adding at the end the following: ``(k) Consultation With Off Campus Medical Professionals.--Nothing in this section shall prohibit a physician, psychiatrist, psychologist, or other recognized healthcare professional or paraprofessional acting in the individual's professional or paraprofessional capacity, or assisting in that capacity, from consulting with or disclosing records described in subsection (a)(4)(B)(iv) with respect to a student, to a physician, psychiatrist, psychologist, or other recognized healthcare professional or paraprofessional acting in the individual's professional or paraprofessional capacity, or assisting in that capacity, outside the educational agency or institution in connection with the provision of treatment to the student.''. SEC. 4. SAFE HARBOR PROVISION. The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) is amended in subsection (f) by adding at the end the following: ``The release by an educational agency or institution of education records or personally identifiable information contained in such records in the good faith belief that such release is necessary to protect against a potential threat to the health or safety of the student or other persons, shall not be deemed a failure to comply with this section regardless of whether it is subsequently determined that the specified conditions for such release did not exist.''. SEC. 5. EMERGENCY EXCEPTION AMENDMENT. The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) is amended in subsection (b)(1)(I) by striking ``is necessary'' and all that follows and inserting ``is necessary, according to the good faith belief of the educational agency or institution or persons to whom such disclosure is made, to protect against a potential threat to the health or safety of the student or other persons; and''.

Family Educational Rights and Privacy Act Amendments of 2008 - Amends the Family Educational Rights and Privacy Act of 1974 to declare that nothing in the Act prohibits a physician, psychiatrist, psychologist, or other healthcare professional or paraprofessional from consulting with or disclosing treatment records on a student who is 18 years old or older or who is attending a postsecondary educational institution to a healthcare professional or paraprofessional outside the educational institution in connection with the provision of treatment to the student. Prohibits deeming the release by an educational institution of education records or related personally identifiable information, in the good faith belief that such release is necessary to protect against a threat to the health or safety of the student or other persons, to be a failure to comply with the Act regardless of whether it is subsequently determined that the specified conditions for such release did not exist. Allows the release of education records to appropriate persons in an emergency if the knowledge of that information is necessary, according to the good faith belief of the educational institution or persons to whom the disclosure is made, to protect the health or safety of the student or other persons.

A bill to amend the Family Educational Rights and Privacy Act of 1974 to clarify limits on disclosure of student health records, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Openness Promotes Effectiveness in our National Government Act of 2005'' or the ``OPEN Government Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) the Freedom of Information Act was signed into law on July 4, 1966, because the American people believe that-- (A) our constitutional democracy, our system of self-government, and our commitment to popular sovereignty depends upon the consent of the governed; (B) such consent is not meaningful unless it is informed consent; and (C) as Justice Black noted in his concurring opinion in Barr v. Matteo (360 U.S. 564 (1959)), ``The effective functioning of a free government like ours depends largely on the force of an informed public opinion. This calls for the widest possible understanding of the quality of government service rendered by all elective or appointed public officials or employees.''; (2) the American people firmly believe that our system of government must itself be governed by a presumption of openness; (3) the Freedom of Information Act establishes a ``strong presumption in favor of disclosure'' as noted by the United States Supreme Court in United States Department of State v. Ray (502 U.S. 164 (1991)), a presumption that applies to all agencies governed by that Act; (4) ``disclosure, not secrecy, is the dominant objective of the Act,'' as noted by the United States Supreme Court in Department of Air Force v. Rose (425 U.S. 352 (1976)); (5) in practice, the Freedom of Information Act has not always lived up to the ideals of that Act; and (6) Congress should regularly review section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), in order to determine whether further changes and improvements are necessary to ensure that the Government remains open and accessible to the American people and is always based not upon the ``need to know'' but upon the fundamental ``right to know''. SEC. 3. PROTECTION OF FEE STATUS FOR NEWS MEDIA. Section 552(a)(4)(A)(ii) of title 5, United States Code, is amended by adding at the end the following: ``In making a determination of a representative of the news media under subclause (II), an agency may not deny that status solely on the basis of the absence of institutional associations of the requester, but shall consider the prior publication history of the requester. Prior publication history shall include books, magazine and newspaper articles, newsletters, television and radio broadcasts, and Internet publications. If the requestor has no prior publication history or current affiliation, the agency shall consider the requestor's stated intent at the time the request is made to distribute information to a reasonably broad audience.''. SEC. 4. RECOVERY OF ATTORNEY FEES AND LITIGATION COSTS. Section 552(a)(4)(E) of title 5, United States Code, is amended by adding at the end the following: ``For purposes of this section, a complainant has `substantially prevailed' if the complainant has obtained a substantial part of its requested relief through a judicial or administrative order or an enforceable written agreement, or if the complainant's pursuit of a nonfrivolous claim or defense has been a catalyst for a voluntary or unilateral change in position by the opposing party that provides a substantial part of the requested relief.''. SEC. 5. DISCIPLINARY ACTIONS FOR ARBITRARY AND CAPRICIOUS REJECTIONS OF REQUESTS. Section 552(a)(4)(F) of title 5, United States Code, is amended-- (1) by inserting ``(i)'' after ``(F)''; and (2) by adding at the end the following: ``(ii) The Attorney General shall-- ``(I) notify the Special Counsel of each civil action described under the first sentence of clause (i); and ``(II) annually submit a report to Congress on the number of such civil actions in the preceding year. ``(iii) The Special Counsel shall annually submit a report to Congress on the actions taken by the Special Counsel under clause (i).''. SEC. 6. TIME LIMITS FOR AGENCIES TO ACT ON REQUESTS. (a) Time Limits.-- (1) In general.--Section 552(a)(6)(A)(i) of title 5, United States Code, is amended by inserting ``, and the 20-day period shall commence on the date on which the request is first received by the agency, and shall not be tolled without the consent of the party filing the request'' after ``adverse determination''. (2) Effective date.--The amendment made by this subsection shall take effect 1 year after the date of enactment of this Act. (b) Availability of Agency Exemptions.-- (1) In general.--Section 552(a)(6) of title 5, United States Code, is amended by adding at the end the following: ``(G)(i) If an agency fails to comply with the applicable time limit provisions of this paragraph with respect to a request, the agency may not assert any exemption under subsection (b) to that request, unless disclosure-- ``(I) would endanger the national security of the United States; ``(II) would disclose personal private information protected by section 552a or proprietary information; or ``(III) is otherwise prohibited by law. ``(ii) A court may waive the application of clause (i) if the agency demonstrates by clear and convincing evidence that there was good cause for the failure to comply with the applicable time limit provisions.''. (2) Effective date and application.--The amendment made by this subsection shall take effect 1 year after the date of enactment of this Act and apply to requests for information under section 552 of title 5, United States Code, filed on or after that effective date. SEC. 7. INDIVIDUALIZED TRACKING NUMBERS FOR REQUESTS AND STATUS INFORMATION. (a) In General.--Section 552(a) of title 5, United States Code, is amended by adding at the end the following: ``(7) Each agency shall-- ``(A) establish a system to assign an individualized tracking number for each request for information under this section; ``(B) not later than 10 days after receiving a request, provide each person making a request with the tracking number assigned to the request; and ``(C) establish a telephone line or Internet service that provides information about the status of a request to the person making the request using the assigned tracking number, including-- ``(i) the date on which the agency originally received the request; and ``(ii) an estimated date on which the agency will complete action on the request.''. (b) Effective Date and Application.--The amendment made by this section shall take effect 1 year after the date of enactment of this Act and apply to requests for information under section 552 of title 5, United States Code, filed on or after that effective date. SEC. 8. SPECIFIC CITATIONS IN EXEMPTIONS. Section 552(b) of title 5, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute-- ``(A) if enacted after the date of enactment of the Openness Promotes Effectiveness in our National Government Act of 2005, specifically cites to this section; and ``(B)(i) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or ``(ii) establishes particular criteria for withholding or refers to particular types of matters to be withheld;''. SEC. 9. REPORTING REQUIREMENTS. Section 552(e)(1) of title 5, United States Code, is amended-- (1) in subparagraph (F), by striking ``and'' after the semicolon; (2) in subparagraph (G), by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(H) data on the 10 active requests with the earliest filing dates pending at each agency, including the amount of time that has elapsed since each request was originally filed; ``(I) the average number of days for the agency to respond to a request beginning the date on which the request was originally filed, the median number of days for the agency to respond to such requests, and the range in number of days for the agency to respond to such requests; and ``(J) the number of fee status requests that are granted and denied, and the average number of days for adjudicating fee status determinations. When reporting the total number of requests filed, agencies shall distinguish between first person requests for personal records and other kinds of requests, and shall provide a total number for each category of requests.''. SEC. 10. OPENNESS OF AGENCY RECORDS MAINTAINED BY A PRIVATE ENTITY. Section 552(f) of title 5, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) `record' and any other term used in this section in reference to information includes-- ``(A) any information that would be an agency record subject to the requirements of this section when maintained by an agency in any format, including an electronic format; and ``(B) any information described under subparagraph (A) that is maintained for an agency by an entity under a contract between the agency and the entity.''. SEC. 11. OFFICE OF GOVERNMENT INFORMATION SERVICES. (a) In General.--Chapter 5 of title 5, United States Code, is amended-- (1) by redesignating section 596 as section 597; and (2) by inserting after section 595 the following: ``Sec. 596. Office of Government Information Services ``(a) There is established the Office of Government Information Services within the Administrative Conference of the United States. ``(b) The Office of Government Information Services shall-- ``(1) review policies and procedures of administrative agencies under section 552 and compliance with that section by administrative agencies; ``(2) conduct audits of administrative agencies on such policies and compliance and issue reports detailing the results of such audits; ``(3) recommend policy changes to Congress and the President to improve the administration of section 552, including whether agencies are receiving and expending adequate funds to ensure compliance with that section; and ``(4) offer mediation services between persons making requests under section 552 and administrative agencies as a non-exclusive alternative to litigation and, at the discretion of the Office, issue advisory opinions if mediation has not resolved the dispute.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 5 of title 5, United States Code, is amended by striking the item relating to section 596 and inserting the following: ``596. Office of Government Information Services. ``597. Authorization of appropriations.''. (c) Effective Date.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act. SEC. 12. ACCESSIBILITY OF CRITICAL INFRASTRUCTURE INFORMATION. (a) In General.--Not later than January 1 of each of the 3 years following the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation and use of section 214 of the Homeland Security Act of 2002 (6 U.S.C. 133), including-- (1) the number of persons in the private sector, and the number of State and local agencies, that voluntarily furnished records to the Department under this section; (2) the number of requests for access to records granted or denied under this section; (3) such recommendations as the Comptroller General considers appropriate regarding improvements in the collection and analysis of sensitive information held by persons in the private sector, or by State and local agencies, relating to vulnerabilities of and threats to critical infrastructure, including the response to such vulnerabilities and threats; and (4) an examination of whether the nondisclosure of such information has led to the increased protection of critical infrastructure. (b) Form.--The report shall be submitted in unclassified form, but may include a classified annex. SEC. 13. REPORT ON PERSONNEL POLICIES RELATED TO FOIA. Not later than 1 year after the date of enactment of this Act, the Office of Personnel Management shall submit to Congress a report that examines-- (1) whether changes to executive branch personnel policies could be made that would-- (A) provide greater encouragement to all Federal employees to fulfill their duties under section 552 of title 5, United States Code; and (B) enhance the stature of officials administering that section within the executive branch; (2) whether performance of compliance with section 552 of title 5, United States Code, should be included as a factor in personnel performance evaluations for any or all categories of Federal employees and officers; (3) whether an employment classification series specific to compliance with sections 552 and 552a of title 5, United States Code, should be established; (4) whether the highest level officials in particular agencies administering such sections should be paid at a rate of pay equal to or greater than a particular minimum rate; and (5) whether other changes to personnel policies can be made to ensure that there is a clear career advancement track for individuals interested in devoting themselves to a career in compliance with such sections; and (6) whether the executive branch should require any or all categories of Federal employees to undertake awareness training of such sections.

Openess Promotes Effectiveness in our National Government Act of 2005 or OPEN Government Act of 2005 - Amends the Freedom of Information Act (FOIA) to prohibit a Federal agency from denying the present fee status for a news media representative solely on the absence of institutional associations of the requester and requires consideration of the requester's prior publication history. Requires an agency, if a requester has no prior publication history or current affiliation, to consider the requester's stated intent at the time the request is made to distribute information to a reasonably broad audience. Provides that, for purposes of recovery of attorney fees and other litigation costs, a complainant has substantially prevailed if : (1) the complainant has obtained a substantial part of its requested relief through a judicial or administrative order or an enforceable written agreement; or (2) the complainant's pursuit of a nonfrivolous claim or defense has been a catalyst for a voluntary or unilateral change in position by the opposing party that provides a substantial part of the requested relief. Directs the Attorney General to: (1) notify the Special Counsel of civil actions taken for arbitrary and capricious rejections of requests for agency records; and (2) annually submit reports on the number of such actions taken. Provides for the commencement of the 20-day time limit within which agencies shall determine whether to comply with a request for agency records on the day in which the request is first received. Requires agencies to establish: (1) a system to assign tracking numbers for requests for information; and (2) telephone or Internet service that provides the status of requests. Prohibits applying FOIA section 552 provisions to matters that are specifically exempted from disclosure by a statute (other than open meetings under the Government in the Sunshine Act) that specifically cites this Act. Establishes the Office of Government Information Services within the U.S. Administrative Conference to review section 552 policies and procedures by administrative agencies. Requires the: (1) Comptroller General to annually report on implementation of provisions for the protection of voluntarily shared critical infrastructure information; and (2) Office of Personnel Management to report on personnel policies related to FOIA.

To promote openness in Government by strengthening section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), and for other purposes.

SECTION 1. PILOT PROGRAM ON MOBILE PROVISION OF CARE AND SERVICES FOR VETERANS IN RURAL AREAS BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) Pilot Program Required.-- (1) In general.--The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasability and advisability of providing care and services described in subsection (d) to veterans residing in rural areas through the mobile system described in subsection (e). (2) Designation.--The pilot program shall be known as the ``Mobile Support for Rural Veterans Program'' (in this section referred to as the ``pilot program''). (b) General Administration.-- (1) Principal responsibility.--The Secretary shall carry out the pilot program through the Director of the Office of Rural Health of the Department of Veterans Affairs. (2) Consultation.--The pilot program shall be developed and carried out in consultation with the following: (A) The Regional Director of Veterans Integrated Services Network (VISN) 23, in which mobile Department of Veterans Affairs clinics are currently in operation. (B) The Director of the Office of Rural Health Policy of the Department of Health and Human Services. (C) The agencies or offices for rural health in the States selected for participation in the pilot program. (D) The country or local agencies or offices for rural health in the areas designated for the pilot program. (c) Locations.-- (1) In general.--The pilot program shall be carried out in not less than three Veterans Integrated Services Networks selected by the Secretary for purposes of the pilot program. (2) Rural areas within visns.--The pilot program shall be carried out in one or more rural areas in each Veterans Integrated Services Network selected under paragraph (1) that are designated by the Secretary for purposes of the pilot program in consultation with the Regional Director of such Veterans Integrated Services Network. In designating such areas, the Secretary shall take into account-- (A) the number of veterans residing in or near an area; and (B) the difficulty of access of such veterans to the nearest Department of Veterans Affairs medical facility, whether by reason of ravel or other factors. (d) Care and Services Provided.--The care and services provided under the pilot program shall include, but not be limited to, care and services as follows: (1) Counseling and education for veterans on accessing such health care, educational, pension, or other benefits for which veterans may eligible under the laws administered by the Secretary of Veterans Affairs. (2) Assistance for veterans in completing paperwork necessary for enrollment in the health care system of the Department of Veterans Affairs. (3) The prescription for and delivery to veterans of medications for which veterans are entitled under such laws, including, in particular, medications for veterans suffering from acute or chronic injuries or illnesses. (4) Mental health screenings for veterans to identify potential mental health disorders such as post-traumatic stress disorder (PTSD) or a substance abuse, including, in particular, for veterans recently discharged or released after service overseas in Operation Iraqi Freedom or Operation Enduring Freedom. (5) Job placement assistance and information on employment or training opportunities for veterans. (6) Substance abuse counseling for veterans. (7) Bereavement counseling for families of members of the Armed Forces who were killed in military service. (8) Such other care, services, and assistance as the Secretary considers appropriate for purposes of the pilot program. (e) Mobile System.-- (1) In general.--Care and services under the pilot program shall be provided through a mobile system established for purposes of the pilot program that meets the requirements of this subsection. (2) Personnel.--In providing care and services under the pilot program, the mobile system shall transport to the areas designated for the pilot program personnel as follows: (A) Department of Veterans Affairs physicians, nurses, and mental health specialists. (B) Department of Veterans Affairs casework officers. (C) Department of Veterans Affairs benefits counselors. (D) Such other personnel of the Department as the Secretary considers appropriate for purposes of the pilot program. (3) Additional materials.--In providing care and services under the pilot program, the mobile system shall transport also such equipment, forms, information, and other materiel as are necessary for the provision of care and services under the pilot program. (4) Visits.-- (A) Frequency.--The mobile system shall visit each area designated for the pilot program at least once each 45 days. (B) Duration.--The mobile system shall be present in an area designated for the pilot program during each visit under subparagraph (A) for a period of not less than 48 hours (f) Coordination Requirements.-- (1) Identification of veterans not enrolled in va health care system.--In carrying out the pilot program, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly undertake actions to identify veterans residing in areas designated for the pilot program who are not enrolled in, or otherwise being cared for by, the health care system of the Department of Veterans Affairs. (2) Coordination with county and local veterans service offices.--In carrying out the pilot program, the Secretary of Veterans Affairs shall coordinate with county and local veterans service officers in areas designated for the pilot program to-- (A) establish contact with veterans in such areas who are not enrolled in the health care system of the Department of Veterans Affairs; (B) inform veterans in such areas, in advance, of the date and location of visits of the mobile system under subsection (e) to such areas; and (C) identify possibilities to complete necessary paperwork or preparation for veterans to maximize the effectiveness of the pilot program. (3) Utilization of community-based outpatient clinics.--The pilot program shall, to the extent practicable, utilize appropriate personnel and resources of community-based outpatient clinics of the Department of Veterans Affairs in areas designated for the pilot program, including the inclusion of such personnel in visits of the mobile system under subsection (e). (g) Reports.--Not later than 16 months after the commencement of the pilot program, and every 180 days thereafter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the pilot program. The report shall include the following: (1) A description and assessment of the implementation of the pilot program. (2) An assessment, current as of the date of the report, of the effectiveness of the pilot program in providing care and services to veterans residing in rural areas, including a comparative assessment of effectiveness for each of the various areas designated for the pilot program. (3) An assessment, current as of the date of the report, of the effectiveness of the coordination described in subsection (f) in contributing toward the effectiveness of the pilot program. (4) Such recommendations as the Secretary considers appropriate for modifications of the pilot program in order to better provide care and services to veterans residing in rural areas. (h) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Veterans Affairs to carry out this section amounts as follows: (1) $10,000,000 for fiscal year 2008. (2) $10,000,000 for fiscal year 2009. (3) $10,000,000 for fiscal year 2010.

Directs the Secretary of Veterans Affairs to carry out a pilot program to assess the feasibility and advisability of providing care and a variety of services (including counseling) to veterans residing in rural areas through a mobile system that transports Department of Veterans Affairs (VA) medical and benefits personnel, as well as equipment and other materials, to the areas designated for the program. Requires a mobile system to visit each designated area at least once each 45 days and remain present during each visit for at least 48 hours. Sets forth coordination requirements concerning identification of veterans who are not enrolled in, or otherwise being cared for by, the VA health care system, county and local veterans service offices, and use of community-based VA outpatient clinics.

A bill to require a pilot program on the mobile provision of care and services for veterans in rural areas by the Department of Veterans Affairs, and for other purposes.

SECTION 1. PROVISION OF ASSISTANCE UNDER GOVERNMENT PROGRAMS BY RELIGIOUS ORGANIZATIONS. Title XXIV of the Revised Statutes is amended by inserting after section 1990 (42 U.S.C. 1994) the following: ``SEC. 1994A. CHARITABLE CHOICE. ``(a) Short Title.--This section may be cited as the `Charitable Choice Expansion Act of 1999'. ``(b) Purpose.--The purposes of this section are-- ``(1) to prohibit discrimination against nongovernmental organizations and certain individuals on the basis of religion in the distribution of government funds to provide government assistance and distribution of the assistance, under government programs described in subsection (c); and ``(2) to allow the organizations to accept the funds to provide the assistance to the individuals without impairing the religious character of the organizations or the religious freedom of the individuals. ``(c) Religious Organizations Included as Nongovernmental Providers.--For any program carried out by the Federal Government, or by a State or local government with Federal funds, in which the Federal, State, or local government is authorized to use nongovernmental organizations, through contracts, grants, certificates, vouchers, or other forms of disbursement, to provide assistance to beneficiaries under the program, the government shall consider, on the same basis as other nongovernmental organizations, religious organizations to provide the assistance under the program, so long as the program is implemented in a manner consistent with the Establishment Clause of the first amendment to the Constitution. Neither the Federal Government nor a State or local government receiving funds under such program shall discriminate against an organization that provides assistance under, or applies to provide assistance under, such program, on the basis that the organization has a religious character. ``(d) Exclusions.--As used in subsection (c), the term `program' does not include activities carried out under-- ``(1) Federal programs providing education to children eligible to attend elementary schools or secondary schools, as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801) (except for activities to assist students in obtaining the recognized equivalents of secondary school diplomas); ``(2) the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); ``(3) the Head Start Act (42 U.S.C. 9831 et seq.); or ``(4) the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.). ``(e) Religious Character and Independence.-- ``(1) In general.--A religious organization that provides assistance under a program described in subsection (c) shall retain its independence from Federal, State, and local governments, including such organization's control over the definition, development, practice, and expression of its religious beliefs. ``(2) Additional safeguards.--Neither the Federal Government nor a State or local government shall require a religious organization-- ``(A) to alter its form of internal governance; or ``(B) to remove religious art, icons, scripture, or other symbols; in order to be eligible to provide assistance under a program described in subsection (c). ``(f) Employment Practices.-- ``(1) Tenets and teachings.--A religious organization that provides assistance under a program described in subsection (c) may require that its employees providing assistance under such program adhere to the religious tenets and teachings of such organization, and such organization may require that those employees adhere to rules forbidding the use of drugs or alcohol. ``(2) Title vii exemption.--The exemption of a religious organization provided under section 702 or 703(e)(2) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1, 2000e-2(e)(2)) regarding employment practices shall not be affected by the religious organization's provision of assistance under, or receipt of funds from, a program described in subsection (c). ``(g) Rights of Beneficiaries of Assistance.-- ``(1) In general.--If an individual described in paragraph (3) has an objection to the religious character of the organization from which the individual receives, or would receive, assistance funded under any program described in subsection (c), the appropriate Federal, State, or local governmental entity shall provide to such individual (if otherwise eligible for such assistance) within a reasonable period of time after the date of such objection, assistance that-- ``(A) is from an alternative organization that is accessible to the individual; and ``(B) has a value that is not less than the value of the assistance that the individual would have received from such organization. ``(2) Notice.--The appropriate Federal, State, or local governmental entity shall ensure that notice is provided to individuals described in paragraph (3) of the rights of such individuals under this section. ``(3) Individual described.--An individual described in this paragraph is an individual who receives or applies for assistance under a program described in subsection (c). ``(h) Nondiscrimination Against Beneficiaries.-- ``(1) Grants and contracts.--A religious organization providing assistance through a grant or contract under a program described in subsection (c) shall not discriminate, in carrying out the program, against an individual described in subsection (g)(3) on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to actively participate in a religious practice. ``(2) Indirect forms of disbursement.--A religious organization providing assistance through a voucher, certificate, or other form of indirect disbursement under a program described in subsection (c) shall not deny an individual described in subsection (g)(3) admission into such program on the basis of religion, a religious belief, or a refusal to hold a religious belief. ``(i) Fiscal Accountability.-- ``(1) In general.--Except as provided in paragraph (2), any religious organization providing assistance under any program described in subsection (c) shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds provided under such program. ``(2) Limited audit.--Such organization shall segregate government funds provided under such program into a separate account. Only the government funds shall be subject to audit by the government. ``(j) Compliance.--A party alleging that the rights of the party under this section have been violated by a State or local government may bring a civil action pursuant to section 1979 against the official or government agency that has allegedly committed such violation. A party alleging that the rights of the party under this section have been violated by the Federal Government may bring a civil action for appropriate relief in an appropriate Federal district court against the official or government agency that has allegedly committed such violation. ``(k) Limitations on Use of Funds for Certain Purposes.--No funds provided through a grant or contract to a religious organization to provide assistance under any program described in subsection (c) shall be expended for sectarian worship, instruction, or proselytization. ``(l) Effect on State and Local Funds.--If a State or local government contributes State or local funds to carry out a program described in subsection (c), the State or local government may segregate the State or local funds from the Federal funds provided to carry out the program or may commingle the State or local funds with the Federal funds. If the State or local government commingles the State or local funds, the provisions of this section shall apply to the commingled funds in the same manner, and to the same extent, as the provisions apply to the Federal funds. ``(m) Treatment of Intermediate Contractors.--If a nongovernmental organization (referred to in this subsection as an `intermediate organization'), acting under a contract or other agreement with the Federal Government or a State or local government, is given the authority under the contract or agreement to select nongovernmental organizations to provide assistance under the programs described in subsection (c), the intermediate organization shall have the same duties under this section as the government but shall retain all other rights of a nongovernmental organization under this section.''.

Charitable Choice Expansion Act of 1999 - Requires the Federal Government, or a State or local government receiving Federal funds, when authorized to use a nongovernmental organization to provide assistance to beneficiaries under a program, to consider religious organizations on the same basis as other nongovernmental organizations to provide such assistance, so long as the program is implemented in a manner consistent with the Establishment Clause of the Constitution. Excepts from such requirement activities carried out under: (1) Federal programs providing education to children eligible to attend elementary or secondary schools (except for activities to assist students in obtaining the recognized equivalents of secondary school diplomas); (2) the Higher Education Act of 1965; (3) the Head Start Act; and (4) the Child Care and Development Block Grant Act of 1990. Declares that a religious organization that provides assistance under such a program shall retain its independence from Federal, State, and local governments and shall not be required to alter its form of internal governance or remove religious art, icons, scripture, or other symbols. Authorizes an organization to require its employees providing such assistance to adhere to its religious beliefs, including nonuse of alcohol and drugs. States that the employment practices exemption of a religious organization under title VII of the Civil Rights Act of 1964 shall not be affected by the provision of assistance or the receipt of funds under this Act. Requires the appropriate governmental entity, if a beneficiary or applicant for assistance under such a program has an objection to the religious character of the organization providing the assistance, to provide such assistance through an alternative organization. Requires the governmental entity to ensure that notice is provided to beneficiaries and applicants of the right to make such objection. Prohibits a religious organization from discriminating against a beneficiary or applicant in rendering assistance based on religion or religious belief. Requires any religious organization providing assistance under such a program to segregate government funds provided under such program into a separate account. Subjects only such funds to audit by the government. Authorizes civil actions by parties alleging that their rights under this Act have been violated by the Federal Government or by a State or local government. Prohibits any funds provided through a grant or contract to a religious organization to provide assistance under any such program from being expended for sectarian worship, instruction, or proselytization.

Charitable Choice Expansion Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Communications Commission Collaboration Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Commissioners of the Federal Communications Commission (in this section referred to as the ``Commission''), past and present, have stated that, while they support the intent of section 552b of title 5, United States Code, the implementation of that section has hindered the ability of the Commission to have a substantive exchange of ideas and hold collective deliberations on issues pending before the Commission. (2) The principal purpose of Congress in creating a multimember agency is to obtain the benefits of collegial decisionmaking by the members of the agency, who bring to the decisionmaking process different philosophical perspectives, experiences, and areas of expertise. (3) Commissioners have relied primarily on an inefficient combination of written messages, communications among staff, and a series of meetings restricted to 2 Commissioners at each such meeting to discuss complex telecommunications matters pending before the Commission. (4) Extensive use of such methods of communication has harmed collegiality and cooperation at the Commission. (5) Numerous regulatory matters have been pending before the Commission for years, and continued inaction on these issues has the potential to hinder innovation and private investment in the domestic communications industry. (6) The Commission must be able to work more collaboratively and efficiently than in the past to meet the current challenge of expanding broadband Internet access to the extent necessary to serve the business, educational, health, and cultural needs of all people in the United States. SEC. 3. NONPUBLIC COLLABORATIVE DISCUSSIONS OF THE FEDERAL COMMUNICATIONS COMMISSION. Section 4 of the Communications Act of 1934 (47 U.S.C. 154) is amended by adding at the end the following: ``(p) Nonpublic Collaborative Discussions.-- ``(1) In general.--Notwithstanding section 552b of title 5, United States Code, a bipartisan majority of Commissioners may hold a meeting that is closed to the public to discuss official business if-- ``(A) a vote or any other agency action is not taken at such meeting; ``(B) each person present at such meeting is a Commissioner, an employee of the Commission, a member of a joint board or conference established under section 410, or a person on the staff of such a joint board or conference or of a member of such a joint board or conference; and ``(C) an attorney from the Office of General Counsel of the Commission is present at such meeting. ``(2) Disclosure of nonpublic collaborative discussions.-- Not later than 2 business days after the conclusion of a meeting held under paragraph (1), the Commission shall publish a disclosure of such meeting, including-- ``(A) a list of the persons who attended such meeting; and ``(B) a summary of the matters discussed at such meeting, except for such matters as the Commission determines may be withheld under section 552b(c) of title 5, United States Code. ``(3) Preservation of open meetings requirements for agency action.--Nothing in this subsection shall limit the applicability of section 552b of title 5, United States Code, with respect to a meeting of Commissioners other than that described in paragraph (1). ``(4) Definitions.--In this subsection: ``(A) Agency action.--The term `agency action' has the meaning given such term in section 551 of title 5, United States Code. ``(B) Bipartisan majority.--The term `bipartisan majority' means, when used with respect to a group of Commissioners, that such group-- ``(i) is a group of 3 or more Commissioners; and ``(ii) includes, for each political party of which any Commissioner is a member, at least 1 Commissioner who is a member of such political party, and, if any Commissioner has no political party affiliation, at least one unaffiliated Commissioner.''.

Federal Communications Commission Collaboration Act of 2015 Amends the Communications Act of 1934 to allow a bipartisan majority of Commissioners of the Federal Communications Commission (FCC), notwithstanding a specified open meeting provision, to hold a meeting that is closed to the public to discuss official business if: (1) no agency action is taken, (2) each person present is an FCC Commissioner or employee or a member or person on the staff of a joint board or conference to which the FCC has referred a matter, and (3) an attorney from the FCC's Office of General Counsel is present. Defines "bipartisan majority" as a group of at least three Commissioners that includes: (1) for each political party of which any Commissioner is a member, at least one Commissioner who is a member of such political party; and (2) if any Commissioner has no political party affiliation, at least one unaffiliated Commissioner. Requires public disclosure of the meeting, attendees, and matters discussed.

Federal Communications Commission Collaboration Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Breast and Cervical Cancer Early Detection Program Reauthorization Act of 2005''. SEC. 2. WAIVERS RELATING TO GRANTS FOR PREVENTIVE HEALTH MEASURES WITH RESPECT TO BREAST AND CERVICAL CANCERS. (a) In General.--Section 1503 of the Public Health Service Act (42 U.S.C. 300m) is amended by adding at the end the following: ``(d) Waiver of Services Requirement on Division of Funds.-- ``(1) In general.--The Secretary may waive the requirements of paragraphs (1) and (4) of subsection (a) if-- ``(A)(i) the State involved will use the waiver to leverage private funds to supplement each of the services or activities described in paragraphs (1) and (2) of section 1501(a); or ``(ii) the application of such requirement would result in a barrier to the enrollment of qualifying women; ``(B) the Secretary finds that granting such a waiver to a State will not reduce the number of women in the State that receive each of the services or activities described in paragraphs (1) and (2) of section 1501(a), including making available screening procedures for both breast and cervical cancers; and ``(C) the Secretary finds that granting such a waiver to a State will not adversely affect the quality of each of the services or activities described in paragraphs (1) and (2) of section 1501(a). ``(2) Duration of waiver.-- ``(A) In general.--In granting waivers under paragraph (1), the Secretary-- ``(i) shall grant such waivers for a period of 2 years; and ``(ii) upon request of a State, may extend a waiver for additional 2-year periods in accordance with subparagraph (B). ``(B) Additional periods.--The Secretary, upon the request of a State that has received a waiver under paragraph (1), shall, at the end of each 2-year waiver period described in subparagraph (A), review performance under the waiver and may extend the waiver for an additional 2-year period if the Secretary determines that-- ``(i)(I) without an extension of the waiver, there will be a barrier to the enrollment of qualifying women; or ``(II) the State requesting such extended waiver will use the waiver to leverage private funds to supplement each of the services or activities described in paragraphs (1) and (2) of section 1501(a); ``(ii) the waiver has not, and will not, reduce the number of women in the State that receive each of the services or activities described in paragraphs (1) and (2) of section 1501(a); and ``(iii) the waiver has not, and will not, result in lower quality in the State of each of the services or activities described in paragraphs (1) and (2) of section 1501(a). ``(3) Reporting requirements.--The Secretary shall include as part of the evaluations and reports required under section 1508, the following: ``(A) A description of the total amount of dollars leveraged annually from private entities in States receiving a waiver under paragraph (1) and how these amounts were used. ``(B) With respect to States receiving a waiver under paragraph (1), a description of the percentage of the grant that is expended on providing each of the services or activities described in paragraphs (1) and (2) and paragraphs (3) through (6) of section 1501(a). ``(C) A description of the number of States receiving waivers under paragraph (1) annually. ``(D) With respect to States receiving a waiver under paragraph (1), a description of the number of women receiving services under paragraphs (1), (2), and (3) of section 1501(a) in programs before and after the granting of such waiver.''. (b) Authorization of Appropriations.--Section 1510(a) of the Public Health Service Act (42 U.S.C. 300n-5(a)) is amended by striking ``$50,000,000'' and all that follows through the period and inserting ``$250,000,000 for fiscal year 2006, and such sums as may be necessary for each of fiscal years 2007 through 2011.''.

National Breast and Cervical Cancer Early Detection Program Reauthorization Act of 2005 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services to waive requirements for awarding breast and cervical cancer grants to states if certain conditions are met, including that the Secretary finds that granting such a waiver will not reduce the number of women in the state receiving examinations and screening for breast and cervical cancers nor the quality of such services. Provides that such waivers are for two-year periods. Requires the Secretary to review performance under the waiver and allows the Secretary to extend such waivers. Authorizes appropriations for such grants through FY2011.

A bill to amend the Public Health Service Act to provide waivers relating to grants for preventive health measures with respect to breast and cervical cancers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Equity and Fairness in Fee- for-Service Reimbursement Act of 2004''. SEC. 2. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE FEE-FOR-SERVICE PROGRAM. Title XVIII of the Social Security Act, as amended by section 1016 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by adding at the end the following new section: ``improving fairness of payments under the original medicare fee-for- service program ``Sec. 1898. (a) Establishment of System.--Notwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to providers of services and health care professionals for services provided under the original medicare fee-for-service program under parts A and B. ``(b) System Requirements.-- ``(1) Adjustments.--Under the system described in subsection (a), the Secretary (beginning in fiscal year 2005 or calendar year 2005, as the Secretary determines appropriate for the type of services involved) shall make the following adjustments: ``(A) States above national average.--Subject to subparagraph (C), if a State average per beneficiary amount, but for the application of this section, for a year is greater than 100 percent of the national average per beneficiary amount for such year, then the Secretary shall reduce the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 100 percent of the national average per beneficiary amount for such subsequent year. ``(B) States below national average.--Subject to subparagraph (C), if such a State average per beneficiary amount for a year is less than 100 percent of the national average per beneficiary amount for such year, then the Secretary shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being at 100 percent of the national average per beneficiary amount for such subsequent year. ``(C) 3-year phase in.--In applying this paragraph for-- ``(i) fiscal year 2005 or calendar year 2005, the amount of any increase or decrease under subparagraph (A) or (B) shall be 25 percent of the amount of the increase or decrease otherwise provided; ``(ii) fiscal year 2006 or calendar year 2006, the amount of any increase or decrease under subparagraph (A) or (B) shall be 50 percent of the amount of the increase or decrease otherwise provided; and ``(iii) fiscal year 2007 or calendar year 2007, the amount of any increase or decrease under subparagraph (A) or (B) shall be 75 percent of the amount of the increase or decrease otherwise provided. ``(2) Determination of averages.-- ``(A) State average per beneficiary amount.--Each year (beginning in 2004), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary's estimate of the average amount of expenditures under the original medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State. ``(B) National average per beneficiary amount.-- Each year (beginning in 2004), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amounts determined under subparagraph (B) for the year. ``(3) Applicable payments defined.--In this section, the term `applicable payments' means payments made to providers of services and health care professionals for services provided under the original medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. ``(c) Beneficiaries Held Harmless.--The provisions of this section shall not effect-- ``(1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or ``(2) any liability of the beneficiary with respect to such items and services. ``(d) Regulations.--The Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section.''.

Medicare Equity and Fairness in Fee-for-Service Reimbursement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the Secretary of Health and Human Services to establish a system for making adjustments to the amount of payment made to providers of services and health care professionals for services provided under the original Medicare fee-for-service program, with specified formulae for States whose average per beneficiary amount is: (1) greater than 100 percent of the national average; or (2) less than 100 percent of the national average. Provides for a three year phase-in of such rates.

To amend title XVIII of the Social Security Act to provide geographic equity in fee-for-service reimbursement for providers under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smarter Sentencing Act of 2013''. SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS. Section 3553(f)(1) of title 18, United States Code, is amended by striking ``defendant'' and all that follows through ``point'' and inserting ``criminal history category for the defendant is not higher than category 2''. SEC. 3. CLARIFICATION OF APPLICABILITY OF THE FAIR SENTENCING ACT. (a) Definition of Covered Offense.--In this section, the term ``covered offense'' means a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372), that was committed before August 3, 2010. (b) Defendants Previously Sentenced.--A court that imposed a sentence for a covered offense, may, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court, impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in effect at the time the covered offense was committed. (c) Limitations.--No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) or if a motion made under this section to reduce the sentence was previously denied. Nothing in this section shall be construed to require a court to reduce any sentence pursuant to this section. SEC. 4. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES. (a) Controlled Substances Act.--Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended-- (1) in subparagraph (A), in the flush text following clause (viii)-- (A) by striking ``10 years or more'' and inserting ``5 years or more''; and (B) by striking ``such person shall be sentenced to a term of imprisonment which may not be less than 20 years and'' and inserting ``such person shall be sentenced to a term of imprisonment which may not be less than 10 years and''; and (2) in subparagraph (B), in the flush text following clause (viii)-- (A) by striking ``5 years'' and inserting ``2 years''; and (B) by striking ``not be less than 10 years'' and inserting ``not be less than 5 years''. (b) Controlled Substances Import and Export Act.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) in paragraph (1), in the flush text following subparagraph (H)-- (A) by striking ``not less than 10 years'' and inserting ``not less than 5 years''; and (B) by striking ``such person shall be sentenced to a term of imprisonment of not less than 20 years'' and inserting ``such person shall be sentenced to a term of imprisonment of not less than 10 years''; and (2) in paragraph (2), in the flush text following subparagraph (H)-- (A) by striking ``5 years'' and inserting ``2 years''; and (B) by striking ``10 years'' and inserting ``5 years''. SEC. 5. DIRECTIVE TO THE SENTENCING COMMISSION. (a) Directive to Sentencing Commission.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, if appropriate, its guidelines and its policy statements applicable to persons convicted of an offense under section 401 of the Controlled Substances Act (21 U.S.C. 841) or section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) to ensure that the guidelines and policy statements are consistent with the amendments made by sections 2 and 4 of this Act and reflect the intent of Congress that such penalties be decreased in accordance with the amendments made by section 4 of this Act. (b) Considerations.--In carrying out this section, the United States Sentencing Commission shall consider-- (1) the mandate of the United States Sentencing Commission, under section 994(g) of title 28, United States Code, to formulate the sentencing guidelines in such a way as to ``minimize the likelihood that the Federal prison population will exceed the capacity of the Federal prisons''; (2) the findings and conclusions of the United States Sentencing Commission in its October 2011 report to Congress entitled, Mandatory Minimum Penalties in the Federal Criminal Justice System; (3) the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the United States Sentencing Commission; (4) the relevant public safety concerns involved in the considerations before the United States Sentencing Commission; (5) the intent of Congress that penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe; and (6) the need to reduce and prevent racial disparities in Federal sentencing. (c) Emergency Authority.--The United States Sentencing Commission shall-- (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as though the authority under that Act had not expired; and (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. SEC. 6. REPORT BY ATTORNEY GENERAL. Not later than 6 months after the date of enactment of this Act, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report outlining how the reduced expenditures on Federal corrections and the cost savings resulting from this Act will be used to help reduce overcrowding in the Federal Bureau of Prisons, help increase proper investment in law enforcement and crime prevention, and help reduce criminal recidivism, thereby increasing the effectiveness of Federal criminal justice spending.

Smarter Sentencing Act of 2013 - Amends the federal criminal code to direct the court to impose a sentence for specified controlled substance offenses without regard to any statutory minimum sentence if the court finds that the criminal history category for the defendant is not higher than category two. (Currently, the court may disregard the statutory minimum if the defendant does not have more than one criminal history point.) Authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed. Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances. Directs the Commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: (1) its mandate to formulate guidelines to minimize the likelihood that the federal prison population will exceed federal prison capacity, (2) fiscal implications of changes, (3) relevant public safety concerns, (4) the intent of Congress that penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe, and (5) the need to reduce and prevent racial disparities in sentencing. Requires the Attorney General to report on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding, increase investment in law enforcement and crime prevention, and reduce recidivism.

Smarter Sentencing Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Music Licensing Reform Act of 1996''. SEC. 2. EXEMPTION OF COPYRIGHT INFRINGEMENT FOR PERFORMANCE OF NONDRAMATIC MUSICAL WORKS IN SMALL COMMERCIAL ESTABLISHMENTS. (a) In General.--Section 110 of title 17, United States Code, is amended-- (1) in the matter preceding paragraph (1) by inserting ``(a)'' before ``Notwithstanding''; (2) by amending paragraph (5) to read as follows: ``(5)(A) communication of a transmission embodying a performance or display of a work (except a nondramatic musical work) by the public reception of the transmission on a single receiving apparatus of a kind commonly used in private homes, unless-- ``(i) a direct charge is made to see or hear the transmission; or ``(ii) the transmission thus received is further transmitted to the public; or ``(B) communication of a transmission embodying a performance or display of a nondramatic musical work by the public reception of the transmission on the premises of a small commercial establishment, unless-- ``(i) a direct charge is made to see or hear the transmission; or ``(ii) the transmission thus received is further transmitted to the public;''; and (3) by adding at the end thereof the following new subsection: ``(b)(1) For purposes of subsection (a)(5)(B), the Register of Copyrights shall define the term `small commercial establishment' by regulation, which shall include specific, verifiable criteria. Such criteria may relate to-- ``(A) the area of the establishment, including whether the establishment is of sufficient size to justify, as a practical matter, a subscription to a commercial background music service; ``(B) the kind, number, and location of equipment used; ``(C) the gross revenue of the establishment; ``(D) the number of employees; and ``(E) other relevant factors. ``(2) The definition of small commercial establishment shall not result in an exemption to the right of public performance or to the right of public display the scope of which exceeds that permitted under the international treaty obligations of the United States.''. (b) Technical and Conforming Amendments.--Chapter 1 of title 17, United States Code, is amended-- (1) in section 111(a)(2) by striking out ``section 110'' and inserting in lieu thereof ``section 110(a)''; (2) in section 112(d) by striking out ``section 110(8)'' each place such term appears and inserting in each such place ``section 110(a)(8)''; and (3) in section 118(d)(3) by striking out ``section 110'' and inserting in lieu thereof ``section 110(a)''. SEC. 3. NEGOTIATIONS AND LICENSING BETWEEN PROPRIETORS AND PERFORMING RIGHTS SOCIETIES. (a) In General.--The provisions of title 17, United States Code, are amended by adding after chapter 11 the following new chapter: ``CHAPTER 12--NEGOTIATIONS AND LICENSING BETWEEN PROPRIETORS AND PERFORMING RIGHTS SOCIETIES ``Sec. ``1201. Definitions. ``1202. Code of conduct. ``1203. Access to repertoire. ``Sec. 1201. Definitions ``For purposes of this chapter, the term-- ``(1) `performing rights society' means an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of copyright owners of such works, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc.; and ``(2) `proprietor'-- ``(A) means the owner of a retail establishment, restaurant, inn, bar, tavern, or any other similar place of business in which-- ``(i) the public may assemble; and ``(ii) nondramatic musical works may be publicly performed; and ``(B) shall not include any owner or operator of-- ``(i) a radio or television station licensed by the Federal Communications Commission; ``(ii) a cable system or satellite carrier; ``(iii) a cable or satellite carrier service or programmer; ``(iv) a commercial subscription music service; or ``(v) any other transmission service. ``Sec. 1202. Code of conduct ``(a) In General.--The Register of Copyrights shall promulgate regulations to establish a code of conduct for the licensing negotiations and practices between a proprietor and a performing rights society. Such regulations shall include reasonable disclosure requirements for proprietors and performing rights societies and the content and form of licensing agreements. ``(b) General Enforcement.--(1) A proprietor or performing rights society may file a civil action in any United States district court of appropriate jurisdiction to enforce the code of conduct established under this section. ``(2) For purposes of an action filed under this subsection-- ``(A) all parties shall be deemed to have exhausted all administrative remedies; and ``(B) the court shall conduct a trial de novo without an agency record. ``(c) Enforcement in Actions Involving Licensing Agreements.--(1) This subsection applies to any civil action filed under this section to enforce the code of conduct in which a proprietor and a performing rights society have a licensing agreement. ``(2) If a proprietor violates a provision of the code of conduct, the court shall assess a civil fine against the proprietor, payable to the performing rights society, equal to the cost of the applicable annual license fee. ``(3) If a performing rights society violates a provision of the code of conduct, the court shall order the society to grant a license to the proprietor for the nondramatic public performance of musical works in the repertoire of the society at no fee for a period of 1 year beginning on the date on which judgment is entered. ``Sec. 1203. Access to repertoire ``(a) In General.--(1) The Register of Copyrights shall promulgate regulations to ensure that a performing rights society shall provide reasonable access to its repertoire so that a person engaged in the public performance of a nondramatic musical work may determine with reasonable certainty whether the public performance of a particular work may be licensed by a particular licensor. ``(2) Reasonable access to repertoire under this section shall not include access to works rarely publicly performed. ``(b) Enforcement.--(1) A proprietor or performing rights society may file a civil action in any United States district court of appropriate jurisdiction to enforce the regulations promulgated under this section. ``(2) For purposes of an action filed under this section-- ``(A) all parties shall be deemed to have exhausted all administrative remedies; and ``(B) the court shall conduct a trial de novo without an agency record. ``(c) Restrictions on Performing Rights Society Not in Compliance With Regulations.--(1) A performing rights society may not-- ``(A) file, be a party, or pay the costs of any party in any civil action alleging the infringement of the copyright in a work described under paragraph (2); or ``(B) charge a fee under any per programming period license for a work described under paragraph (2). ``(2) A work referred to under paragraph (1) is any work in such performing rights society's repertoire that is not identified and documented as required by the regulations promulgated under this section.''. (b) Technical and Conforming Amendment.--The table of chapters for title 17, United States Code, is amended by adding after the item relating to chapter 11 the following: ``12. Negotiations and licensing between proprietors and 1201''. performing rights societies. SEC. 4. REPORT ON CONSENT DECREE. (a) In General.--No later than 1 year after the date of the enactment of this Act, the Register of Copyrights shall submit a report to the Senate Committee on the Judiciary and the House of Representatives Committee on the Judiciary on the administration by the United States District Court for the Southern District of New York of the consent decree of March 14, 1950, in United States v. American Society of Composers, Authors, and Publishers, 1950 Trade Cas. para.62,595 (S.D.N.Y. 1950) and the consent decree of December 29, 1966, in United States v. Broadcast Music, Inc., 1966 Trade Cas. para.71,941 (S.D.N.Y. 1966). (b) Contents.--The report under this section shall include-- (1) any recommendation for improvements so that adjudication under the consent decree may be less time- consuming and more cost-effective, especially for parties with fewer resources; and (2) a determination whether a system of local or regional arbitration should be implemented. SEC. 5. STATE COPYRIGHT LICENSING LAWS PREEMPTED. Section 301 of title 17, United States Code, is amended by adding at the end the following: ``(g)(1) Any law, statute, or regulation of any State or local government which requires a performing rights society to license copyrighted musical compositions to a proprietor in a particular manner not required by this title, or to conduct such society's business in any manner not applicable to all businesses as a general manner, shall be deemed to be preempted by subsection (a) and of no force or effect. ``(2) For purposes of this subsection, the terms `proprietor' and `performing rights society' have the same meanings as such terms are defined under section 1201.''. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to relieve any performing rights society of any obligation under any consent decree or other court order governing the operation of such society, as such decree or order-- (1) is in effect on the date of the enactment of this Act; (2) may be amended after such date; or (3) may be issued or agreed to after such date. SEC. 7. EFFECTIVE DATE. This Act shall take effect 90 days after the date of the enactment of this Act.

Music Licensing Reform Act of 1996 - Exempts from copyright infringement the communication of a performance of nondramatic musical works on the premises of small commercial establishments, unless a charge is made to see or hear the transmission or the transmission received is further transmitted to the public. Directs the Register of Copyrights to define the term "small commercial establishment" for purposes of this Act using specific, verifiable criteria. Directs the Register to promulgate regulations to establish a code of conduct for the licensing negotiations and practices between a proprietor and a performing rights society (PRS). Allows either party to enforce such code of conduct through a civil action in district court. Directs the Register to ensure that a PRS provides reasonable access to its repertoire so that a person engaged in the public performance of a nondramatic musical work may determine whether the public performance of a particular work may be licensed by a particular licensor. Provides for civil enforcement of such access. Provides restrictions for a PRS not in compliance. Directs the Register to report to the Senate and House Judiciary Committees on the administration by the U.S. District Court for the Southern District of New York of the consent decree of March 14, 1950, in United States v. American Society of Composers, Authors, and Publishers and the consent decree of December 29, 1966, in United States v. Broadcast Music, Inc. Preempts any State copyright licensing law made inconsistent by this Act.

Music Licensing Reform Act of 1996

SECTION 1. TAX TREATMENT OF SECTION 42 HOUSING COOPERATIVES AND SHAREHOLDERS OF SUCH COOPERATIVES. (a) In General.--Part III of subchapter T of chapter 1 of the Internal Revenue Code of 1986 (relating to cooperatives and their patrons) is amended by adding at the end the following new section: ``SEC. 1389. SPECIAL RULES FOR SECTION 42 HOUSING COOPERATIVES AND THEIR SHAREHOLDERS. ``(a) Allowance of Deductions and Credits.-- ``(1) Non-patron shareholders.--In the case of a section 42 housing cooperative (as defined in subsection (b)(1)), the non- patron shareholders of such cooperative shall be allowed to take into account for purposes of calculating the taxable income of such shareholders the following tax items: ``(A) 100 percent of all low-income housing tax credits to which the section 42 housing cooperative is entitled under section 42. ``(B) 100 percent of all interest allowable as a deduction to the cooperative under section 163 and which is incurred and accrued but unpaid by the cooperative on its indebtedness contracted-- ``(i) in the acquisition, construction, alteration, rehabilitation, or maintenance of the houses or apartment buildings, or ``(ii) in the acquisition of the land on which the houses (or apartment buildings) are situated. ``(2) Patron shareholders.--In the case of a section 42 housing cooperative, the patron shareholders of such cooperative shall be allowed a deduction equal to 100 percent of the amounts paid by the cooperative within the taxable year for the following items, except that in no event may a patron shareholder deduct an amount in excess of such patron shareholder's proportionate share of such specified items: ``(A) Real estate taxes allowable as a deduction to the cooperative under section 164 which are paid or incurred by the cooperative on the houses or apartment buildings and on the land on which such houses (or apartment buildings) are situated. ``(B) The interest allowable as a deduction to the cooperative under section 163 for the taxable year and which is paid by the cooperative during such taxable year on its indebtedness contracted-- ``(i) in the acquisition, construction, alteration, rehabilitation, or maintenance of the houses or apartment buildings, or ``(ii) in the acquisition of the land on which the houses (or apartment buildings) are situated. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Section 42 housing cooperative.--The term `section 42 housing cooperative' means a corporation-- ``(A) having no more than 2 classes of stock outstanding, consisting of-- ``(i) shares of stock issued to persons who make an equity contribution to the cooperative but who are not residents in the houses or apartment buildings owned by the cooperative; and ``(ii) shares of stock issued to persons who make an equity contribution to the cooperative and who are residents in the houses or apartment buildings owned by the cooperative; ``(B) in which each of the holders of patron stock is entitled, solely by reason of the patron's ownership of such stock in the cooperative, to occupy for dwelling purposes a house, or an apartment in a building, owned by such cooperative; ``(C) no shareholder of which is entitled (either conditionally or unconditionally) to receive any distribution not out of earnings and profits of the cooperative except on a complete or partial liquidation of the cooperative; ``(D) 80 percent or more of the gross income of which for the taxable year in which the taxes and interest described in subsection (a) are paid or incurred is derived from patron shareholders; and ``(E) which is entitled to claim a low-income housing tax credit under section 42. ``(2) Shareholder's proportionate share.-- ``(A) In general.--Except as provided in subparagraph (B), the term `proportionate share' means that proportion which the stock of the cooperative housing corporation owned by a particular patron shareholder is of the total outstanding patron stock of the corporation (including any stock held by the corporation). ``(B) Special rule where allocation of taxes or interest reflect cost to corporation of patron shareholder's unit.-- ``(i) In general.--If, for any taxable year-- ``(I) each dwelling unit owned or leased by a section 42 housing cooperative is separately allocated a share of such cooperative's real estate taxes described in subsection (a)(2)(A) or a share of such cooperative's interest described in subsection (a)(2)(B), and ``(II) such allocation reasonably reflects the cost to such cooperative of such taxes, or of such interest, attributable to the shareholder's dwelling unit (and such unit's share of the common areas), then the term `proportionate share' means the shares determined in accordance with the allocations described in subclause (II). ``(ii) Election by cooperative required.-- Clause (i) shall apply with respect to any section 42 housing cooperative only if such cooperative elects its application. Such an election, once made, may be revoked only with the consent of the Secretary. ``(3) Prior approval of occupancy.-- ``(A) In general.--For purposes of this section, in the following cases there shall not be taken into account the fact that (by agreement with the section 42 housing cooperative) the person or the person's nominee may not occupy the house or apartment without the prior approval of such cooperative: ``(i) In any case in which a person acquires stock of a section 42 housing cooperative by operation of law. ``(ii) In any case in which a person other than an individual acquires stock of a section 42 housing cooperative. ``(iii) In any case in which the original seller acquires any stock of the section 42 housing cooperative from the cooperative not later than 1 year after the date on which the apartments or houses (or leasehold interests therein) are transferred by the original seller to the cooperative. ``(B) Original seller defined.--For purposes of subparagraph (A)(iii), the term `original seller' means the person from whom the cooperative has acquired the apartments or houses (or leasehold interest therein). ``(4) Application of section to mutual housing associations.-- ``(A) In general.--In the case of a section 42 housing cooperative which is a mutual housing association, this section shall be applied-- ``(i) by substituting `membership certificates' for `stock' or `shares of stock', and ``(ii) by substituting `membership certificate-holders' for `shareholders'. ``(B) Mutual housing association.--For purposes of subparagraph (A), the term `mutual housing association' means a resident-controlled, State-chartered organization described in section 501(c)(3) and exempt from tax under section 501(a). ``(c) Treatment as Property Subject to Depreciation.-- ``(1) In general.-- ``(A) By non-patron shareholders.--Non-patron shares of stock (within the meaning of subsection (b)(1)(A)(i)) shall be treated as property subject to the allowance for depreciation under section 167(a). Such shares of stock shall be treated as residential real property for purposes of determining the appropriate depreciation method under section 168(b), the applicable recovery period under section 168(c), and the applicable convention under section 168(d). ``(B) By patron shareholders.--So much of the shares of stock of a patron shareholder (within the meaning of subsection (b)(1)(A)(ii)) as is allocable, under regulations prescribed by section 216(c), to a proprietary lease or right of tenancy subject to the allowance for depreciation under section 167(a) shall, to the extent such proprietary lease or right of tenancy is used by such patron shareholder in a trade or business or for the production of income, be treated as property subject to the allowance for depreciation under section 167(a). ``(2) Deduction limited to adjusted basis in stock.-- ``(A) In general.--The amount of any deduction for depreciation allowable under section 167(a) to a non- patron or patron shareholder with respect to any stock for any taxable year by reason of subparagraph (A) or (B) of paragraph (1), respectively, shall not exceed the adjusted basis of such stock as of the close of the taxable year of the shareholder in which such deduction was incurred. ``(B) Carryforward of disallowed amount.--The amount of any deduction which is not allowed by reason of subparagraph (A) shall, subject to the provisions of subparagraph (A), be treated as a deduction allowable under section 167(a) in the succeeding taxable year. ``(3) No limitation on deduction by section 42 housing cooperative.--Nothing in this section shall be construed to limit or deny a deduction for depreciation under section 167(a) by a section 42 housing cooperative with respect to property owned by such cooperative and occupied by the patron shareholders thereof. ``(d) Disallowance of Deduction for Certain Payments to the Cooperative.--No deduction shall be allowed to the holder of non-patron or patron stock in a section 42 housing cooperative for any amount paid or accrued to such cooperative during any taxable year to the extent that such amount is properly allocable to amounts paid or incurred at any time by the cooperative which are chargeable to the cooperative's capital account. The shareholder's adjusted basis in the stock in the cooperative shall be increased by the amount of such disallowance. ``(e) Restriction on the Resale of Patron Stock.--Upon the transfer of patron stock, the consideration received by the holder of such stock shall not exceed the shareholder's adjusted equity in such stock. For purposes of this subsection, the term `adjusted equity' means the sum of-- ``(1) the consideration paid for such stock by the first shareholder, as adjusted by a cost-of-living adjustment and any other acceptable adjustments determined by the Secretary, and ``(2) payments made by such shareholder for improvements to the house or apartment occupied by the shareholder. ``(f) Distributions by Section 42 Housing Cooperative.--Except as provided in regulations under section 216(e), no gain or loss shall be recognized on the distribution by a section 42 housing cooperative of a dwelling unit to a holder of patron stock in such cooperative if such distribution is in exchange for the shareholder's stock in the cooperative and such exchange qualifies for nonrecognition of gain under section 1034(f).''. (b) Conforming Amendments.-- (1) Section 42 of the Internal Revenue Code of 1986 (relating to low-income housing credit) is amended by adding at the end the following new subsection: ``(o) Section 42 Housing Cooperatives.--In the case of a section 42 housing cooperative (as defined in section 1389(b)(1)), the holders of the non-patron stock (within the meaning of section 1389(b)(1)(A)(i)) shall be entitled to any and all tax credits that would otherwise be available to such cooperative under this section. Any recapture of credit calculated against the section 42 housing cooperative under subsection (j) shall be an increase in the tax under this chapter for the holders of the non-patron stock in proportion to the relative holdings of such stock during the period giving rise to such recapture.''. (2) Section 42(g)(2)(B) of such Code is amended by striking ``and'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, and'', and by inserting after clause (iv) the following new clause: ``(v) does not include any amounts paid by a tenant in connection with the acquisition or holding of any patron stock (within the meaning of section 1389(b)(1)(A)(ii)).''. (3) Section 42(i) of such Code is amended by adding at the end the following new paragraph: ``(8) Impact of section 42 housing cooperative's right of first refusal to acquire stock of a section 42 housing cooperative.-- ``(A) In general.--No Federal income tax benefit shall fail to be allowable to a non-patron or patron shareholder (within the meaning of section 1389(b)(1)) of a section 42 housing cooperative (as defined in section 1389(b)(1)) with respect to any qualified low- income building merely by reason of a right of first refusal or option or both held by the section 42 housing cooperative to purchase non-patron stock of the cooperative after the close of the compliance period for a price which is not less than the minimum purchase price determined under subparagraph (B). ``(B) Minimum purchase price.--For purposes of subparagraph (A), the minimum purchase price for the stock of a section 42 housing cooperative is an amount equal to the present value of the remaining depreciation deductions which would be allowable under section 1389(c)(1) to the holder of such stock. For purposes of determining present value, the discount rate provided in subsection (b)(2)(C)(ii) shall be applicable as determined at the time of the exercise of such option or right of first refusal.''. (4) Section 1381(a) of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting '', and'', and by adding at the end the following new paragraph: ``(3) any section 42 housing cooperative (as defined in section 1389(b)(1)).''. (5) The table of sections for part III of subchapter T of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1389. Special rules for section 42 housing cooperatives and their shareholders.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to authorize, in the case of a housing cooperative eligible for the low-income housing tax credit: (1) nonresident shareholders to include such credit and the deduction for certain unpaid acquisition interest allowable to the cooperative proportionally in the calculation of their individual income taxes; and (2) resident shareholders to include the deduction for real estate taxes and interest paid by the cooperative proportionally in the calculation of their individual income taxes.

To amend the Internal Revenue Code of 1986 to provide for the tax treatment of section 42 housing cooperatives and the shareholders of such cooperatives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Cleanup and Redevelopment Revolving Loan Fund Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Contaminated and underused or abandoned industrial sites in distressed communities are, economically, at a competitive disadvantage relative to greenfield sites, as capital for their cleanup and redevelopment may not be available. (2) Contaminated and underused and abandoned industrial properties located in distressed areas, owned by private, public, or nonprofit entities, often with significant economic development potential once cleaned up, are unable to secure initial financing for site remediation. (3) Considerable public benefits can accrue from such sites once cleaned up and brought back to productive reuse, especially those devoted to industrial purposes that employ enviornmentally sound practices. (4) Voluntary cleanup programs spur private sector cleanups when the property value is sufficient and its location favorable enough to make the additional costs of cleanup economically feasible, but this approach does not resolve the problems facing properties with little or no value, common among sites located in economically distressed areas. (5) Because of their experience in administering targeted loan assistance programs, States are in a good position to use Federal funds to capitalize revolving loan funds to support local cleanup and redevelopment projects. (b) Purpose.--The purpose of this Act is to revitalize distressed communities by providing loans for cleanup of certain industrial properties that have the potential to attract private investment, foster clean manufacturing, and create jobs for local residents. SEC. 3. REVOLVING LOAN FUND FOR CLEANUPS UNDER STATE VOLUNTARY CLEANUP PROGRAMS. (a) Establishment of Loan Program.--The Administrator of the Environmental Protection Agency (hereinafter in this Act referred to as the ``Administrator'') shall establish a program to provide a capitalization loan to any State that submits an application that is approved by the Administrator to establish or expand a State revolving loan fund for purposes of providing loans for voluntary environmental cleanups of eligible facilities. (b) Application for Loan.--An application for a capitalization loan under this section shall be in such form as the Administrator considers appropriate. At a minimum, the application shall include each of the following: (1) Evidence that the State is carrying out a voluntary cleanup program for eligible facilities. The Administrator shall insure that the State voluntary program provides, at a minium, adequate opportunities for public participation, sufficient technical assistance, and oversight to ensure that cleanups comply with Federal and State laws, and certification to the owner and prospective purchaser that the cleanup is complete. (2) Evidence that the State will provide a matching share of at least 20 percent of the costs of such cleanup from either new or existing sources of State funding. (3) A description of the State's proposed revolving loan program and of the State's capability to manage the program. States may use interest income or loan repayments (in an amount equal to not more than 10 percent of their revolving loan fund amount) for program administrative purposes. At a minimum, the State's revolving loan program shall-- (A) provide loans to both public and private parties conducting voluntary cleanups under the State's voluntary cleanup program who are unable to secure loans from private lending institutions or other means of financing; (B) require that borrowers demonstrate credit worthiness and the ability to carry out the cleanup; and (C) give priority to loans for the purpose of cleaning up-- (i) facilities that are planned to be reused for industrial purposes that employ environmentally sound practices; and (ii) facilities that will generate jobs for contractors whose principal place of business is the political subdivision in which the facility is located or for laborers who reside in such political subdivisions. (4) A statement that the State will begin repayment of the loan within 5 years after receipt of the loan, and evidence of the State's ability to repay the loan. (5) A statement that a loan from the revolving loan fund will not be used to pay for any of the following: (A) New construction. (B) Environmental fines or penalties. (C) Speculative assessments or speculative rehabilitation at facilities with little or no potential for economic development. (6) Such other elements as the Administrator considers appropriate. (c) Amount of Loan.--The Administrator shall determine the distribution of funds among the eligible States. The amount of a capitalization loan made by the Administrator under this Act to a State may not exceed 15 percent of the amount available each year to all the eligible States. (d) Authorization.--There are authorized to be appropriated to the Administrator for purposes of making capitalization loans to States under this section the sum of $5,000,000 for fiscal year 1995 and $7,500,000 for each of the fiscal years 1996 and 1997. SEC. 4. DEFINITIONS. For purposes of this Act the term ``eligible facility'' means a facility or property in a State that is determined by the State to have environmental contamination that-- (1) could prevent the timely use, development, or reuse of the facility or property; and (2) is limited in scope and can be comprehensively and readily evaluated. Such term shall not include any of the following: (A) A facility that is eligible for abatement action under section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (B) A facility that, as of the date of the enactment of this Act, is subject to Federal enforcement action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (C) A facility included, or proposed for inclusion, on the National Priorities List or on the comprehensive environmental response, compensation, and liability inventory system (``CERCLIS'') that has been evaluated as high priority under the hazard ranking system. (D) A facility required to have a permit under section 3005 of the Solid Waste Disposal Act that does not have a permit under that section and does not qualify for authorization to operate in interim status under subsection (e) of that section. (E) A land disposal unit with respect to which a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is submitted and closure requirements are specified in a closure plan or permit. (F) A facility subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 5924(u) or 6928(h)) that is evaluated as high priority under the Environmental Protection Agency's National Corrective Action Priority System as set forth in regulations under subtitle C of the Solid Waste Disposal Act. (G) A facility at which assistance for response activities may be obtained pursuant to subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986. (H) A facility owned or operated by a department, agency, or instrumentality of the United States.

Brownfield Cleanup and Redevelopment Revolving Loan Fund Act - Directs the Administrator of the Environmental Protection Agency to establish a program to provide capitalization loans to States to establish or expand a State revolving loan fund for purposes of providing loans for voluntary environmental cleanups of eligible facilities. Defines "eligible facilities" as facilities or property that are determined by a State to have environmental contamination that: (1) could prevent the timely use, development, or reuse of the facility or property; and (2) is limited in scope and can be comprehensively and readily evaluated. Sets forth loan application requirements, including: (1) evidence that the State is carrying out a voluntary cleanup program for eligible facilities and will provide a matching share of at least 20 percent of the costs of such cleanup from either new or existing sources of State funding; (2) a description of the State's proposed revolving loan program and capability to manage the program; and (3) a statement that the State will begin repayment of the loan within five years (and evidence of the State's ability to repay) and that a loan from the revolving loan fund will not be used to pay for new construction, environmental fines or penalties, or for speculative assessments or rehabilitation at facilities with little or no potential for economic development. Directs the Administrator to determine the distribution of funds among the eligible States. Limits the amount of a capitalization loan made by the Administrator under this Act to a State to 15 percent of the amount available each year to all the eligible States. Authorizes appropriations.

Brownfield Cleanup and Redevelopment Revolving Loan Fund Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Data Offshoring Protection Act of 2004''. SEC. 2. DEFINITIONS. As used in this Act, the following definitions apply: (1) Business enterprise.--The term ``business enterprise'' means any organization, association, or venture established to make a profit, or any private, nonprofit organization that collects or retains personally identifiable information. (2) Country with adequate privacy protection.--The term ``country with adequate privacy protection'' means a country that has been certified by the Federal Trade Commission as having a legal system that provides adequate privacy protection for personally identifiable information. (3) Personally identifiable information.--The term ``personally identifiable information'' includes information such as-- (A) name; (B) postal address; (C) financial information; (D) medical records; (E) date of birth; (F) phone number; (G) e-mail address; (H) social security number; (I) mother's maiden name; (J) password; (K) state identification information; (L) driver's license number; (M) personal tax information; and (N) any consumer transactional or experiential information relating to the person. (4) Transmit.--The term ``transmit'' or ``transmission'' means the use of any instrumentality of interstate commerce, including the mails or any electronic means, to transfer information or to provide access to such information via the Internet or any comparable telecommunications system. SEC. 3. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION FROM UNAUTHORIZED TRANSMISSION. (a) In General.--A business enterprise may transmit personally identifiable information regarding a citizen of the United States to any foreign affiliate or subcontractor located in a country that is a country with adequate privacy protection, provided that the citizen has been provided prior notice that such information may be transmitted to such a foreign affiliate or subcontractor and has not objected to such transmission. (b) ``Opt-In'' Consent Required for Countries Without Adequate Privacy Protection.--A business enterprise may not transmit personally identifiable information regarding a citizen of the United States to any foreign affiliate or subcontractor located in a country that is a country without adequate privacy protection unless-- (1) the business enterprise discloses to the citizen that the country to which the information will be transmitted does not have adequate privacy protection; (2) the business enterprise obtains consent from the citizen, before a consumer relationship is established or before the effective date of this Act, to transmit such information to such foreign affiliate or subcontractor; and (3) the consent referred to in paragraph (2) is renewed by the citizen within 1 year before such information is transmitted. (c) Prohibition on Refusal to Provide Services.--A business enterprise shall not deny the provision of any good or service to, nor change the terms of or refuse to enter into a business relationship with any person based upon that person's exercise of the consent rights provided for in this Act or in any other applicable law. SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair and Deceptive Act or Practice.--A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Enforcement Authority.--The Federal Trade Commission shall enforce this Act 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. SEC. 5. CIVIL REMEDIES. (a) Private Right of Action.--A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- (1) an action based on a violation of this Act or the regulations prescribed pursuant to this Act to enjoin such violation; (2) an action to recover for actual monetary loss from such a violation, or to receive $10,000 in damages for each such violation, whichever is greater, or (3) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (2). (b) Actions by States.-- (1) Authority of states.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a violation of this Act or the regulations prescribed pursuant to this Act, the State may bring a civil action on behalf of its residents to enjoin such violation, an action to recover for actual monetary loss or receive $10,000 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated this Act or regulations prescribed pursuant to this Act, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. (2) Exclusive jurisdiction of federal courts.--The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this Act or regulations prescribed pursuant to this Act, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. (3) Notice to an intervention of federal trade commission.--The State bringing a civil action under this section shall serve prior written notice of any such civil action upon the Federal Trade Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (4) Venue; service of process.--Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. (5) Investigatory powers.--For purposes of bringing any civil action under this subsection, nothing in this Act shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official 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. (6) Effect on state court proceedings.--Nothing contained in this section shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. (7) Limitation.--Whenever the Federal Trade Commission has instituted a civil action for violation of this Act or the regulations prescribed pursuant to this Act, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. SEC. 6. CERTIFICATION OF COUNTRIES WITH ADEQUATE PRIVACY PROTECTION. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Federal Trade Commission, after providing notice and opportunity for public comment, shall-- (1) certify those countries that have legal systems that provide adequate privacy protection for personally identifiable information; and (2) make the list of countries certified under paragraph (1) available to the general public. (b) Certification Criteria.-- (1) In general.--In determining whether a country should be certified under this section, the Federal Trade Commission shall consider the adequacy of the country's infrastructure for detecting, evaluating, and responding to privacy violations. (2) Presumption.--The Commission shall presume that a country's privacy protections are inadequate if they are any less protective of personally identifiable information than those afforded under Federal law or under the laws of any State, or if the Commission determines that such country's laws are not adequately enforced. (c) European Union Date Protection Directive.--A country that has comprehensive privacy laws that meet the requirements of the European Union Data Protection Directive shall be certified under this section unless the Federal Trade Commission determines that such laws are not commonly enforced within such country. SEC. 7. EFFECTIVE DATE. Section 6 of this Act shall take effect on the date of enactment of this Act. Sections 2 through 5 of this Act shall take effect 60 days after the the completion of the certification required by section 6.

Personal Data Offshoring Protection Act of 2004 - Requires business enterprises to give U.S. citizens notice before transmitting personally identifiable information about such citizens to foreign affiliates or subcontractors located in countries with adequate privacy protections. Prohibits such transmittal where adequate privacy protections are lacking, unless: (1) the business enterprise discloses the lack of protections and obtains the citizen's prior consent for transmittal; and (2) such consent is renewed by the citizen within one year before the transmittal. Prohibits business entities from denying goods and services or modifying business terms for any person based on that person's exercise of consent rights provided by this Act or other law. Requires violations of this Act to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Creates a private right of action in State court for violations of this Act. Authorizes States, on behalf of their residents, to bring civil actions in Federal court for such violations. Requires prior notice to the Federal Trade Commission (FTC) of State actions and authorizes the FTC's intervention and appeal. Directs the FTC to certify those countries that have legal systems providing adequate privacy protections. Creates a presumption of inadequacy for foreign laws that are less protective of privacy than Federal law or the law of any State, or where the FTC determines that enforcement is lacking. Requires certification of countries whose laws meet the requirements of the European Union Data Protection Directive, unless such laws are not adequately enforced.

To prohibit the transfer of personal information to any person outside the United States, without notice and consent, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deleting Online Predators Act of 2006''. SEC. 2. FINDINGS. The Congress finds that-- (1) sexual predators approach minors on the Internet using chat rooms and social networking websites, and, according to the United States Attorney General, one in five children has been approached sexually on the Internet; (2) sexual predators can use these chat rooms and websites to locate, learn about, befriend, and eventually prey on children by engaging them in sexually explicit conversations, asking for photographs, and attempting to lure children into a face to face meeting; and (3) with the explosive growth of trendy chat rooms and social networking websites, it is becoming more and more difficult to monitor and protect minors from those with devious intentions, particularly when children are away from parental supervision. SEC. 3. CERTIFICATIONS TO INCLUDE PROTECTIONS AGAINST COMMERCIAL SOCIAL NETWORKING WEBSITES AND CHAT ROOMS. (a) Certification by Schools.--Section 254(h)(5)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)(B)) is amended by striking clause (i) and inserting the following: ``(i) is enforcing a policy of Internet safety for minors that includes monitoring the online activities of minors and the operation of a technology protection measure with respect to any of its computers with Internet access that-- ``(I) protects against access through such computers to visual depictions that are-- ``(aa) obscene; ``(bb) child pornography; or ``(cc) harmful to minors; and ``(II) protects against access to a commercial social networking website or chat room unless used for an educational purpose with adult supervision; and''. (b) Certification by Libraries.--Section 254(h)(6)(B) of such Act (47 U.S.C. 254(h)(6)(B)) is amended by striking clause (i) and inserting the following: ``(i) is enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that-- ``(I) protects against access through such computers to visual depictions that are-- ``(aa) obscene; ``(bb) child pornography; or ``(cc) harmful to minors; and ``(II) protects against access by minors without parental authorization to a commercial social networking website or chat room, and informs parents that sexual predators can use these websites and chat rooms to prey on children; and''. (c) Definitions.--Section 254(h)(7) is amended by adding at the end the following new subparagraph: ``(J) Commercial social networking websites; chat rooms.--Within 120 days after the date of enactment of the Deleting Online Predators Act of 2006, the Commission shall by rule define the terms `social networking website' and `chat room' for purposes of this subsection. In determining the definition of a social networking website, the Commission shall take into consideration the extent to which a website-- ``(i) is offered by a commercial entity; ``(ii) permits registered users to create an on-line profile that includes detailed personal information; ``(iii) permits registered users to create an on-line journal and share such a journal with other users; ``(iv) elicits highly-personalized information from users; and ``(v) enables communication among users.''. (d) Disabling During Adult or Educational Use.--Section 254(h)(5)(D) of such Act is amended-- (1) by inserting ``or educational'' after ``during adult'' in the heading; and (2) by inserting before the period at the end the following: ``or during use by an adult or by minors with adult supervision to enable access for educational purposes pursuant to subparagraph (B)(i)(II)'' . SEC. 4. FTC CONSUMER ALERT ON INTERNET DANGERS TO CHILDREN. (a) Information Regarding Child Predators and the Internet.--Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall-- (1) issue a consumer alert regarding the potential dangers to children of Internet child predators, including the potential danger of commercial social networking websites and chat rooms through which personal information about child users of such websites may be accessed by child predators; and (2) establish a website to serve as a resource for information for parents, teachers and school administrators, and others regarding the potential dangers posed by the use of the Internet by children, including information about commercial social networking websites and chat rooms through which personal information about child users of such websites may be accessed by child predators. (b) Commercial Social Networking Websites.--For purposes of the requirements under subsection (a), the terms ``commercial social networking website'' and ``chat room'' have the meanings given such terms pursuant to section 254(h)(7)(J) of the Communications Act of 1934 (47 U.S.C. 254(h)(7)(J)), as amended by this Act. Passed the House of Representatives July 26, 2006. Attest: KAREN L. HAAS, Clerk.

Deleting Online Predators Act of 2006 - Amends the Communications Act of 1934 to require schools and libraries that receive universal service support to enforce a policy that: (1) prohibits access to a commercial social networking website or chat room unless used for an educational purpose with adult supervision; and (2) protects against access to visual depictions that are obscene, child pornography, or harmful to minors. Allows an administrator, supervisor, or other authorized person to disable such a technology protection measure during use by an adult, or by minors with adult supervision, to enable access for educational purposes. Directs the Federal Communications Commission (FCC) to: (1) issue a consumer alert regarding use of the Internet by child predators and the potential dangers to children because of such use, including the potential dangers of commercial social networking websites and chat rooms; and (2) establish a website resource of information for parents, teachers, school administrators, and others regarding potential dangers posed by the use of the Internet by children.

To amend the Communications Act of 1934 to require recipients of universal service support for schools and libraries to protect minors from commercial social networking websites and chat rooms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Small Business Lending Act''. SEC. 2. FEE REDUCTIONS. (a) Administrative Provisions Small Business Administration.--Until September 30, 2015, and to the extent that the cost of such elimination or reduction of fees is offset by appropriations, with respect to each loan guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and section 3 of this Act, for which the application is approved on or after the date of enactment of this Act, the Administrator shall-- (1) in lieu of the fee otherwise applicable under section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)), collect no fee or reduce fees to the maximum extent possible; and (2) in lieu of the fee otherwise applicable under section 7(a)(18)(A) of the Small Business Act (15 U.S.C. 636(a)(18)(A)), collect no fee or reduce fees to the maximum extent possible. (b) Temporary Fee Elimination for the 504 Loan Program.-- (1) In general.--Until September 30, 2015, and to the extent the cost of such elimination in fees is offset by appropriations, with respect to each project or loan guaranteed by the Administrator pursuant to title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) for which an application is approved or pending approval on or after the date of enactment of this Act-- (A) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 697(d)(2)), collect no fee; and (B) a development company shall, in lieu of the processing fee under section 120.971(a)(1) of title 13, Code of Federal Regulations (relating to fees paid by borrowers), or any successor thereto, collect no fee. (2) Reimbursement for waived fees.-- (A) In general.--To the extent that the cost of such payments is offset by appropriations, the Administrator shall reimburse each development company that does not collect a processing fee pursuant to paragraph (1)(B). (B) Amount.--The payment to a development company under subparagraph (A) shall be in an amount equal to 1.5 percent of the net debenture proceeds for which the development company does not collect a processing fee pursuant to paragraph (1)(B). (c) Application of Fee Eliminations.--To the extent that amounts are made available to the Administrator for the purpose of fee eliminations or reductions under subsection (a), the Administrator shall-- (1) first use any amounts provided to eliminate or reduce fees paid by small business borrowers under clauses (i) through (iii) of paragraph (18)(A), to the maximum extent possible; (2) then use any amounts provided to eliminate or reduce fees under paragraph (23)(A) paid by small business lenders with assets less than $1,000,000,000 as of the date of enactment; and (3) then use any remaining amounts appropriated under this Act to reduce fees paid by small business lenders other than those with assets less than $1,000,000,000. SEC. 3. ECONOMIC STIMULUS LENDING PROGRAM FOR SMALL BUSINESSES. (a) In General.--The Administrator may guarantee up to 90 percent of qualifying small business loans made by eligible lenders. (b) Definitions.--For purposes of this section: (1) The term ``Administrator'' means the Administrator of the Small Business Administration. (2) The term ``qualifying small business loan'' means any loan to a small business concern pursuant to section 7(a) of the Small Business Act (15 U.S.C. 636) or title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 and following) except for such loans made under section 7(a)(31). (3) The term ``small business concern'' has the same meaning as provided by section 3 of the Small Business Act (15 U.S.C. 632). (c) Nonapplication of Section to Certain Loans.-- (1) Aliens unlawfully present in the united states.--A loan guarantee may not be made under this section for a loan made to a concern if an individual who is an alien unlawfully present in the United States-- (A) has an ownership interest in that concern; or (B) has an ownership interest in another concern that itself has an ownership interest in that concern. (2) Firms in violation of immigration laws.--No loan guarantee may be made under this section for a loan to any entity found, based on a determination by the Secretary of Homeland Security or the Attorney General to have engaged in a pattern or practice of hiring, recruiting or referring for a fee, for employment in the United States persons knowing those persons are or would be aliens unlawfully present in the United States. (d) Criminal Background Checks.--Before approval of any loan guarantee under this section, the Administrator may verify the applicant's criminal background, or lack thereof, through the best available means, including, if possible, use of the National Crime Information Center computer system at the Federal Bureau of Investigation. (e) Application of Other Law.--Nothing in this section shall be construed to exempt any activity of the Administrator under this section from the Federal Credit Reform Act of 1990 (title V of the Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661 and following). (f) Small Business Act Provisions.--The provisions of the Small Business Act applicable to loan guarantees under section 7 of that Act and regulations promulgated thereunder as of the date of the enactment of this Act shall apply to loan guarantees under this section except as otherwise provided in this section. (g) Sunset.--Loan guarantees may not be issued under this section later than one year after the date of the enactment of this Act. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Increasing Small Business Lending Act - Amends the Small Business Act to suspend, until September 30, 2015, fees under the 7(a) program (SBA-guaranteed loans to small businesses) and the 504 program (financing to small businesses backed by SBA-guaranteed debentures issued by any qualified state or local development company). Authorizes the SBA to guarantee up to 90% of a loan made by a private lender to a small business eligible for a loan guarantee under the Small Business Act or the Small Business Investment Act of 1958. Prohibits such guarantees with respect to small businesses: (1) in which an unlawful alien has an ownership interest, or (2) in violation of immigration laws.

Increasing Small Business Lending Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Court of Veterans Appeals Amendments of 1997''. TITLE I--COMPARABILITY SEC. 101. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS. Section 7254 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: ``(f) The Court shall have the authority to prescribe rules and regulations that are necessary or appropriate to carry out the provisions of subchapters III and V of chapter 72 of this title and that are consistent with such chapter and any other applicable provision of law.''. SEC. 102. CALCULATION OF YEARS OF SERVICE AS A JUDGE. Section 7296(b) of title 38, United States Code, is amended by adding at the end thereof the following new paragraph: ``(4) For purposes of calculating the years of service of an individual under this subsection and subsection (c), only those years of service as a judge of the Court shall be credited, and that portion of the aggregate number of years of such service that is a fractional part of 1 year shall not be credited if it is less than 6 months, and shall be credited if it is 6 months or more.''. SEC. 103. LIMITATION ON COST-OF-LIVING ADJUSTMENT TO RETIRED PAY. Section 7296 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: ``(l) Notwithstanding any other provision of law, cost-of-living adjustments made or accruing to any retired pay that is paid under this section shall not result in such retired pay exceeding the rate of pay in effect under section 7253(e) of this title for a judge performing active service.''. SEC. 104. SURVIVOR ANNUITIES. (a) Election To Participate.--Section 7297(b) of title 38, United States Code, is amended in the first sentence by inserting before the period ``or within 6 months after the date on which the judge marries if the judge has retired under section 7296 of this title''. (b) Reduction of Contributions of Active Judges.--(1) Section 7297(c) of title 38, United States Code, is amended by striking out ``3.5 percent of the judge's pay'' and inserting in lieu thereof ``2.2 percent of the judge's salary received under section 7253(e) of this title, 3.5 percent of the judge's retired pay received under section 7296 of this title when the judge is not serving in recall status under section 7257 of this title, and 2.2 percent of the judge's retired pay received under such section 7296 when the judge is serving in recall status under such section 7257''. (2) The amendment made by this subsection shall take effect on the first day of the first pay period beginning on or after January 1, 1995. (c) Interest Payments.--Section 7297(d) of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(d)''; and (2) by adding at the end thereof the following new paragraph: ``(2) If a judge has previously performed a period of service as a judge, or has performed service as a judicial official as defined under section 376(a)(1) of title 28, a Member of Congress, or a congressional employee, the interest required under the first sentence of paragraph (1) shall not be required for any period-- ``(A) during which a judge was separated from all such service; and ``(B) during which the judge was not receiving retired pay or a retirement annuity based on service as a judge or as a judicial official.''. (d) Service Eligibility.--(1) Section 7297(f) of title 38, United States Code, is amended-- (A) in paragraph (1) in the matter preceding subparagraph (A)-- (i) by striking out ``at least 5 years'' and inserting in lieu thereof ``at least 18 months''; and (ii) by striking out ``last 5 years'' and inserting in lieu thereof ``last 18 months''; and (B) by adding at the end thereof the following new paragraph: ``(5) If a judge dies as a result of an assassination and leaves a survivor or survivors who are entitled to receive annuity benefits under this section, the matter in paragraph (1) preceding subparagraph (A) shall not apply.''. (2) Section 7297(a) of title 38, United States Code, is amended-- (A) by inserting ``who is in active service or who has retired under section 7296 of this title'' after ``Court'' in paragraph (2); (B) by striking ``(c)'' in paragraph (3); (C) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (D) by inserting before paragraph (2) (as redesignated by clause (C) of this paragraph) the following new paragraph: ``(1) The term `assassination' means the killing of a judge that is motivated by the performance by that judge of the judge's official duties.''. (e) Age Requirement of Surviving Spouse.--Section 7297(f)(1)(A) of title 38, United States Code, is further amended by striking out ``or following the surviving spouse's attainment of the age of 50 years, whichever is later''. (f) COLA for Survivor Annuities.--Section 7297(o) of title 38, United States Code, is amended to read as follows: ``(o) Each survivor annuity payable from the retirement fund shall be increased at the same time as, and by the same percentage by which, annuities payable from the Judicial Survivors' Annuities Fund are increased pursuant to section 376(m) of title 28.''. SEC. 105. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION ORDERS. Section 7298 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(g) For purpose of section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. Sec. 905(b)(1)(B)), the retirement fund shall be treated in the same manner as the Court of Federal Claims Judges' Retirement Fund.''. SEC. 106. LIMITATION ON ACTIVITIES OF RETIRED JUDGES. (a) In General.--Chapter 72 of title 38, United States Code (as amended by this Act), is further amended by adding at the end thereof the following new section: ``Sec. 7299. Limitation on activities of retired judges ``Any judge of the Court of Appeals for Veterans Claims who retires from the Court under section 7296 of this title or under chapter 83 or 84 of title 5 and who thereafter in the practice of law represents (or supervises or directs the representation of) a client in making any civil claim relating to veterans' benefits against the United States or any agency thereof shall forfeit all rights to retired pay under such provisions for any period during which the judge engages in any such activity and for one year immediately following the cessation of such activity.'' (b) Technical and Conforming Amendment.--The table of sections for chapter 72 of title 38, United States Code, is amended by adding at the end thereof the following: ``7299. Limitation on activities of retired judges.''. TITLE II--STAGGERED RETIREMENT AND RECALL PROVISIONS SEC. 201. STAGGERED RETIREMENT. (a) Eligibility.--One individual each year shall be eligible to retire under this section starting in the year 1999 and ending in the year 2003. An individual is eligible to retire under this section, if the individual, at the time of retirement, (1) is an associate judge of the United States Court of Appeals for Veterans Claims (as renamed by title III of this Act) who has at least 10 years of service creditable under section 7296 of title 38, United States Code; (2) has made an election to receive retired pay under section 7296 of such title; (3) has at least 20 years of service allowable under section 7297(l) of such title; (4) is at least fifty-five years of age; (5) has years of age, years of service creditable under section 7296 of such title, and years of service allowable under section 7297(l) of such title not creditable under section 7296 of such title, that total at least 80; and (6) has the greatest seniority as a judge of the United States Court of Appeals for Veterans Claims (as renamed by Title III of this Act) of the judges who provide notification in accordance with subsection (b). (b) Notification.--A judge who desires to retire under subsection (c) shall provide the President of the United States and the chief judge of the United States Court of Appeals for Veterans Claims (as renamed by Title III of this Act) with written notification to that effect not later than April 1 of any year specified in subsection (a). Such notification shall specify the retirement date in accordance with subsection (c). Notification provided under this subsection shall be irrevocable. (c) Retirement.--A judge who is eligible to retire under subsection (a) shall retire during the fiscal year in which notification is provided pursuant to subsection (b), but, in no event, earlier than 90 days after such notification is provided. Notwithstanding any other provision of law, such judge shall be deemed, for all purposes, to be retiring under section 7296(b)(1) of title 38, United States Code, except that, the rate of retired pay for a judge retiring under this section shall, on the date of such judge's separation from service, be equal to the rate described in section 7296(c)(1) of such title multiplied by the percentage represented by the fraction in which the numerator is the sum of the number represented by years of service as a judge of the United States Court of Appeals for Veterans Claims (as renamed by Title III of this Act) creditable under section 7296 of such title and the age of such judge, and the denominator is 80. (d) Duty of Actuary.--Section 7298(e)(2) of title 38, United States Code, is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by adding the following new subparagraph: ``(C) For purposes of subparagraph (B) of this paragraph, notwithstanding any other provision of law, `present value' includes a value determined by an actuary with respect to a payment that may be made under subsection (b) from the retirement fund within the contemplation of law.'' SEC. 202. RECALL OF RETIRED JUDGES. (a) In General.--Chapter 72 of title 38, United States Code (as amended by section 102 of this Act), is further amended by inserting after section 7256 the following new section: ``Sec. 7257. Recall of retired judges of the Court of Appeals for Veterans Claims ``(a) A judge of the Court of Appeals for Veterans Claims who has retired from the Court under the provisions of section 7296 of this title or the provisions of chapter 83 or 84 of title 5 shall be eligible for recall upon providing the chief judge of the Court of Appeals for Veterans Claims with written notification to that effect. In the event of a vacancy in the position of associate judge of the Court or otherwise as necessary to meet anticipated case workload, the chief judge may recall such a judge upon written certification by the chief judge that substantial service is expected to be performed by the eligible judge for such period as determined by the chief judge to be necessary to meet the needs of the Court, and to which certification the eligible judge agrees in writing. ``(b) A judge recalled under this section may exercise all of the powers and duties of the office of a judge in active service. ``(c) A judge recalled under this section shall be paid pay, during the period for which the judge serves in recall status, at the rate of pay in effect under section 7253(e) of this title for a judge performing active service, less the amount the judge is paid in retired pay under section 7296 of this title or an annuity under the applicable provisions of chapter 83 or 84 of title 5. ``(d) Except as provided in subsection (c), a judge recalled under this section who retired under the applicable provisions of title 5 shall be considered to be a reemployed annuitant under chapter 83 or 84, as applicable, of title 5. ``(e) Nothing in this section shall affect the right of a judge who retired under the provisions of chapter 83 or 84 of title 5 to serve otherwise as a reemployed annuitant in accordance with the provisions of title 5.'' (b) Technical and Conforming Amendment.--The table of sections for chapter 72 of title 38, United States Code (as amended by section 106(b) of this Act), is further amended by inserting after the item relating to section 7256 the following: ``7257. Recall of retired judges of the Court of Veterans Appeals.''. TITLE III--RENAMING PROVISIONS SEC. 300. REFERENCES TO TITLE 38, UNITED STATES CODE. Except as otherwise expressly provided, whenever in section 301 an amendment or repeal is expressed in terms of an amendment, or repeal of, 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. 301. RENAMING OF THE COURT OF VETERANS APPEALS. (a) In General.--The United States Court of Veterans Appeals shall hereafter be known and designated as the United States Court of Appeals for Veterans Claims. (2) Section 7251 is amended by striking out ``United States Court of Veterans Appeals'' and inserting in lieu thereof ``United States Court of Appeals for Veterans Claims''. (b) Conforming Amendments.-- (1) The following sections are amended by striking out ``Court of Veterans Appeals'' each place it appears and inserting in lieu thereof ``Court of Appeals for Veterans Claims'': sections 5904, 7101(b), 7252(a), 7253, 7254, 7255, 7256, 7261, 7262, 7263, 7264, 7266(a)(1), 7267(a), 7268(a), 7269, 7281(a), 7282(a), 7283, 7284, 7285(a), 7286, 7291, 7292, 7296, 7297, and 7298. (2)(A)(i) The heading of section 7286 is amended to read as follows: ``Sec. 7286. Judicial Conference of the Court of Appeals for Veterans Claims''. (ii) The item relating to section 7286 in the table of sections at the beginning of chapter 72 (as amended by sections 106(b) and 202(b) of this Act) is further amended to read as follows: ``7286. Judicial Conference of the Court of Appeals for Veterans Claims.''. (B)(i) The heading of section 7291 is amended to read as follows: ``Sec. 7291. Date when Court of Appeals for Veterans Claims decision becomes final''. (ii) The item relating to section 7291 in the table of sections at the beginning of chapter 72 (as amended by sections 106(b), 202(b), and subsection (b)(2)(A)(ii) of this section) is further amended to read as follows: ``7291. Date when Court of Appeals for Veterans Claims decision becomes final.''. (C)(i) The heading of section 7298 is amended to read as follows: ``Sec. 7298. Court of Appeals for Veterans Claims Retirement Fund''. (ii) The item relating to section 7298 in the table of sections at the beginning of chapter 72 (as amended by sections 106(b), 202(b), and subsection (b)(2)(A)(ii) and (B)(ii) of this section) is further amended to read as follows: ``7298. Court of Appeals for Veterans Claims Retirement Fund.''. (3) The item relating to chapter 72 in the table of chapters at the beginning of title 38 and the item relating to such chapter in the table of chapters at the beginning of part V are amended to read as follows: ``72. United States Court of Appeals for Veterans Claims.......7251.''. (c) Conforming Amendments to Other Laws.-- (1) The following provisions of law are amended by striking out ``Court of Veterans Appeals'' each place it appears and inserting in lieu thereof ``Court of Appeals for Veterans Claims'': (A) Section 8440d of title 5, United States Code. (B) Section 2412 of title 28, United States Code. (C) Section 906 of title 44, United States Code. (D) Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (2)(A) The heading of section 8440d of title 5, United States Code, is amended to read as follows: ``Sec. 8440d. Judges of the United States Court of Appeals for Veterans Claims''. (B) The item relating to such section in the table of sections at the beginning of chapter 84 of such title is amended to read as follows: ``8440d. Judges of the United States Court of Appeals for Veterans Claims.''. (d) Other Legal References.--Any reference in a law, regulation, document, paper, or other record of the United States to the United States Court of Veterans Appeals shall be deemed to be a reference to the United States Court of Appeals for Veterans Claims.

TABLE OF CONTENTS: Title I: Comparability Title II: Staggered Retirement and Recall Provisions Title III: Renaming Provisions Court of Veterans Appeals Amendments of 1997 - Title I: Comparability - Authorizes the Court of Veterans Appeals (Court) to prescribe necessary or appropriate rules and regulations. Requires a portion of a year of six months or more served as a Court judge to be credited toward years of service and a portion less than six months to not be credited. Prohibits a cost-of-living adjustment to the retired pay of a Court judge if the adjustment would cause the retired pay to exceed the rate of pay of a judge performing active service. Allows a Court judge to elect to participate in a survivor annuity within six months after marriage if such judge has retired. Reduces the percentage of pay reduction required of active judges as contributions toward retirement annuities. Prohibits interest payments on retirement pay deductions in the case of Court judges for any period during which such judges: (1) were separated from judicial service or service as a member of Congress or congressional employee; and (2) were not receiving retired pay or annuities based on such service. Allows a survivor annuity to be paid to the survivors of a judge who dies after having rendered at least 18 months (currently five years) of creditable civilian service. Allows a survivor annuity without a creditable service requirement in the case of a judge who dies of an assassination. Repeals a current requirement that a surviving spouse be at least 50 years of age before receiving such annuity. Increases such annuities at the same time and by the same percentage by which annuities payable from the Judicial Survivors' Annuity Fund are increased. Exempts the Court of Veterans Appeals Retirement Fund from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Provides a forfeiture of retired pay rights and benefits in the case of any Court judge who, after retirement, represents a client in a civil claim relating to veterans' benefits. Title II: Staggered Retirement and Recall Provisions - Allows only one individual each year to retire as a Court judge in the years 1999 through 2003. Provides retirement requirements, including age and years of service. Requires a judge to: (1) notify the President and the Court's chief judge of the intent to retire; and (2) retire during the fiscal year in which notification is provided but not earlier than 90 days after such notification is provided. Makes a retired Court judge eligible for recall upon providing the chief judge with written notification. Allows the chief judge to recall such a judge due to a vacancy or otherwise to meet case workloads. Title III: Renaming Provisions - Renames the Court as the United States Court of Appeals for Veterans Claims.

Court of Veterans Appeals Amendments of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Breast and Cervical Cancer Early Detection Program Reauthorization Act of 2006''. SEC. 2. NATIONAL BREAST AND CERVICAL CANCER EARLY DETECTION PROGRAM. Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.) is amended-- (1) in section 1501(d)-- (A) in the heading, by striking ``2000'' and inserting ``2020''; and (B) by striking ``by the year 2000'' and inserting ``by the year 2020''; (2) in section 1503, by adding at the end the following: ``(d) Waiver of Services Requirement on Division of Funds.-- ``(1) In general.--The Secretary shall establish a demonstration project under which the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may waive the requirements of paragraphs (1) and (4) of subsection (a) for not more than 5 States, if-- ``(A)(i) the State involved will use the waiver to leverage private funds to supplement each of the services or activities described in paragraphs (1) and (2) of section 1501(a); or ``(ii) the application of such requirement would result in a barrier to the enrollment of qualifying women; ``(B) the State involved provides assurances that the State will, on an annual basis, demonstrate to the Secretary the manner in which the State will use such waiver to maintain or expand the level of screening and follow-up services provided immediately prior to the waiver, and provide documentation of compliance with such maintenance or expansion requirement; ``(C) the State involved submits to the Secretary a plan for maintaining the level of activities carried out under the waiver after the expiration of the waiver; ``(D) the Secretary finds that granting such a waiver to a State will not reduce the number of women in the State that receive each of the services or activities described in paragraphs (1) and (2) of section 1501(a), including making available screening procedures for both breast and cervical cancers; and ``(E) the Secretary finds that granting such a waiver to a State will not adversely affect the quality of each of the services or activities described in paragraphs (1) and (2) of section 1501(a). ``(2) Duration of waiver.-- ``(A) In general.--In granting waivers under paragraph (1), the Secretary-- ``(i) shall grant such waivers for a period of 2 years; and ``(ii) upon request of a State, may extend a waiver for an additional 2-year period in accordance with subparagraph (B). ``(B) Additional period.--The Secretary, upon the request of a State that has received a waiver under paragraph (1), shall, at the end of the 2-year waiver period described in subparagraph (A), review performance under the waiver and may extend the waiver for an additional 2-year period if the Secretary determines that-- ``(i)(I) without an extension of the waiver, there will be a barrier to the enrollment of qualifying women; or ``(II) the State requesting such extended waiver will use the waiver to leverage private funds to supplement the services or activities described in paragraphs (1) and (2) of section 1501(a); ``(ii) the waiver has not, and will not, reduce the number of women in the State that receive the services or activities described in paragraphs (1) and (2) of section 1501(a); ``(iii) the waiver has not, and will not, result in lower quality in the State of the services or activities described in paragraphs (1) and (2) of section 1501(a); and ``(iv) the State has maintained the average annual level of State fiscal expenditures for the services and activities described in paragraphs (1) and (2) of section 1501(a) for the 2 years for which the waiver was granted at a level that is not less than the level of the State fiscal expenditures for such services and activities for the year preceding the first year for which the waiver is granted. ``(3) Reporting requirements.--The Secretary shall include as part of the evaluations and reports required under section 1508, the following: ``(A) A description of the total amount of dollars leveraged annually from private entities in States receiving a waiver under paragraph (1) and how these amounts were used. ``(B) With respect to States receiving a waiver under paragraph (1), a description of the percentage of the grant that is expended on providing each of the services or activities described in-- ``(i) paragraphs (1) and (2) of section 1501(a); and ``(ii) paragraphs (3) through (6) of section 1501(a). ``(C) A description of the number of States receiving waivers under paragraph (1) annually. ``(D) With respect to States receiving a waiver under paragraph (1), a description of-- ``(i) the number of women receiving services under paragraphs (1), (2), and (3) of section 1501(a) in programs before and after the granting of such waiver; and ``(ii) the average annual level of State fiscal expenditures for the services and activities described in paragraphs (1) and (2) of section 1501(a) for the year preceding the first year for which the waiver was granted. ``(4) Limitation.--Amounts to which a waiver applies under this subsection shall not be used to increase the number of salaried employees. ``(5) Definitions.--In this subsection: ``(A) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). ``(B) Tribal organization.--The term `tribal organization' has the meaning given the term in section 4 of the Indian Health Care Improvement Act. ``(C) State.--The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, an Indian tribe, and a tribal organization.''; (3) in section 1508-- (A) in subsection (a), by striking ``evaluations of the extent to which'' and all that follows through the period and inserting: ``evaluations of-- ``(1) the extent to which States carrying out such programs are in compliance with section 1501(a)(2) and with section 1504(c); and ``(2) the extent to which each State receiving a grant under this title is in compliance with section 1502, including identification of-- ``(A) the amount of the non-Federal contributions by the State for the preceding fiscal year, disaggregated according to the source of the contributions; and ``(B) the proportion of such amount of non-Federal contributions relative to the amount of Federal funds provided through the grant to the State for the preceding fiscal year.''; and (B) in subsection (b), by striking ``not later than 1 year after the date on which amounts are first appropriated pursuant to section 1509(a), and annually thereafter'' and inserting ``not later than 1 year after the date of the enactment of the National Breast and Cervical Cancer Early Detection Program Reauthorization of 2006, and annually thereafter''; and (4) in section 1510(a)-- (A) by striking ``and'' after ``$150,000,000 for fiscal year 1994,''; and (B) by inserting ``, $225,000,000 for fiscal year 2007, $245,000,000 for fiscal year 2008, $250,000,000 for fiscal year 2009, $255,000,000 for fiscal year 2010, and $275,000,000 for fiscal year 2011'' before the period at the end. Passed the House of Representatives December 9 (legislative day, December 8), 2006. Attest: KAREN L. HAAS, Clerk.

National Breast and Cervical Cancer Early Detection Program Reauthorization Act of 2006 - Amends the Public Health Service Act to change from 2000 to 2020 the target year for achieving the objectives established by the Secretary of Health and Human Services for reductions in the rate of mortality from breast and cervical cancer in the United States for the committee coordinating Public Health Service activities. Directs the Secretary to establish a demonstration project which allows the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to waive requirements for awarding breast and cervical cancer grants that require 60% of grant funds to be spent on screening and referrals for medical treatments and no more than 40% to be spent on other activities for not more than five states, if: (1) the state involved will use the waiver to leverage private funds to supplement screening and referral services or the application of such requirements would result in a barrier to the enrollment of women; (2) the state involved provides assurance that the state will annually demonstrate how it will use the waiver to maintain or expand the level of screening and follow-up services provided; (3) the state involved submits to the Secretary a plan for maintaining the level of activities carried out under the waiver after the expiration of the waiver; (4) the Secretary finds that granting such a waiver to a state will not reduce the number of women in the state who receive such services, including screening for both breast and cervical cancers; and (5) the Secretary finds that granting such a waiver to a state will not adversely affect the quality of such services. Requires the Secretary to grant such waivers for a period of two years. Allows the Secretary to extend a waiver, upon request of a state, for additional two-year periods if the Secretary reviews performance under the waiver and finds that the waiver requirements are and have been met. Requires the Secretary to include as part of the evaluations of the activities carried out pursuant to breast and cervical cancer grants: (1) the total amount of dollars leveraged annually from private entities in states receiving a waiver and how these amounts were used; (2) for states receiving a waiver, the percentages of the grant expended on screening and referral services and on other services or activities; (3) the number of states receiving waivers annually; (4) the number of women receiving screening and referral services in programs before and after the granting of a waiver; (5) the average annual level of state fiscal expenditures for such services for the year preceding the grant of the waiver; and (6) the amount of non-federal contributions by the state according to source and the proportion of non-federal funds to federal funds. Prohibits the use of amounts to which a waiver applies to increase the number of salaried employees. Authorizes appropriations for breast and cervical cancer grants from FY2007-FY2011.

To amend the Public Health Service Act to provide waivers relating to grants for preventive health measures with respect to breast and cervical cancers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Technical Revisions Act of 1997''. Sec. 2. (a) Section 240A, subsection (e), of the Immigration and Nationality Act is amended-- (1) in the first sentence, by striking ``this section'' and inserting in lieu thereof ``section 240A(b)(1)''; (2) by striking ``, nor suspend the deportation and adjust the status under section 244(a) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility act of 1996),''; and (3) by striking the last sentence in the subsection and inserting in lieu thereof ``The previous sentence shall apply only to removal cases commenced on or after April 1, 1997, including cases where the Attorney General exercises authority pursuant to paragraph (2) or (3) of section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009).''. (b) Section 309, subsection (c), of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009) is amended by striking paragraph (7). (c) Section 240A of the Immigration and Nationality Act is amended-- (1) in subsection (b), paragraph (3), by striking ``(1) or (2)'' in the first and third sentences of that paragraph and inserting in lieu thereof ``(1), (2), or (3)''; (2) in subsection (b), by redesignating paragraph (3) as paragraph (4); (3) in subsection (d), paragraph (1), by striking ``this section.'' and inserting in lieu thereof ``subsections (a), (b)(1), and (b)(2).''; and (4) in subsection (b), by adding after paragraph (2) the following new paragraph: ``(3) Special rule for certain aliens covered by the settlement agreement in american baptist churches et al. v. thornburgh (abc), 760 f. supp. 796 (n.d. cal. 1991).-- ``(A) The Attorney General may, in his or her discretion, cancel removal and adjust the status from such cancellation in the case of an alien who is removable from the United States if the alien demonstrates that-- ``(i) the alien has not been convicted at any time of an aggravated felony, and ``(I) was not apprehended after December 19, 1990, at the time of entry, and is either-- ``(aa) a Salvadoran national who first entered the United States on or before September 19, 1990, who registered for benefits pursuant to the ABC settlement agreement on or before October 31, 1991, or applied for Temporary Protected Status on or before October 31, 1991; or ``(bb) a Guatemalan national who first entered the United States on or before October 1, 1990, and who registered for benefits pursuant to the ABC settlement agreement by December 31, 1991; or ``(cc) the spouse or unmarried son or daughter of an alien described in (aa) who entered the United States on or before September 19, 1990, or the spouse or unmarried son or daughter of an alien described in (bb) who entered the United States on or before October 1, 1990; or ``(II) is a Nicaraguan, Guatemalan, or Salvadoran who filed an application for asylum with the Immigration and Naturalization Service before April 1, 1990, and the Immigration and Naturalization Service had not granted, denied, or referred that application as of April 1, 1997; and ``(ii) the alien is not described in paragraph (4) of section 237(a) or paragraph (3) of section 212(a) of the Act; and ``(iii) the alien-- ``(I) is removable under any law of the United States except the provisions specified in subclause (II) of this clause, has been physically present in the United States for a continuous period of not less than seven years immediately preceding the date of such application, and proves that during all of such period he was and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or ``(II) is removable under paragraph (2) (other than section 237(a)(2)(A)(iii)) of section 237(a), paragraph (3) of section 237(a), or paragraph (2) of section 212(a), has been physically present in the United States for a continuous period of not less than 10 years immediately following the commission of an act, or the assumption of a status, constituting a ground for deportation, and proves that during all of such period he has been and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or to his spouse, parent or child, who is a citizen of the United States, or an alien lawfully admitted for permanent residence. ``(B) Subsection (d) of this section shall not apply to determinations under this paragraph, and an alien shall not be considered to have failed to maintain continuous physical presence in the United States under clause (A)(iii) of this paragraph if the alien demonstrates that the absence from the United States was brief, casual, and innocent, and did not meaningfully interrupt the continuous physical presence.''. (d) The amendments made by this section shall be effective as if included in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009). Sec. 3. Any alien who has become eligible for suspension of deportation or cancellation of removal as a result of the amendments made by section 2, may, notwithstanding any other limitations on motions to reopen imposed by the Immigration and Nationality Act or by regulation, file one motion to reopen to apply for suspension of deportation or cancellation of removal. The Attorney General shall designate a specific time period in which all such motions to reopen must be filed. The period must begin no later than 120 days after the date of enactment of this Act and shall extend for a period of 180 days.

Immigration Technical Revisions Act of 1997 - Amends the Immigration and Nationality Act (and the Illegal Immigration and Immigrant Responsibility Act of 1996) to authorize the Attorney General to cancel the removal and adjust the status of certain Central American aliens.

Immigration Technical Revisions Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Theatrical Motion Picture Authorship Act of 1995''. SEC. 2. THEATRICAL MOTION PICTURE DEFINED. Section 101 of title 17, United States Code, is amended by inserting after the paragraph defining ``State'' the following: ``A `theatrical motion picture' is a motion picture of 60 minutes duration or greater intended for public exhibition, public performance, public sale, or lease, and includes made for television motion pictures, but does not include episodic television programs of less than 60 minutes duration (exclusive of commercials), motion pictures prepared for private commercial or industrial purposes, or program-length commercials.''. SEC. 3. NONECONOMIC INTERESTS OF THEATRICAL MOTION PICTURE ARTISTS. (a) In General.--Chapter 1 of title 17, United States Code, is amended by inserting after section 106A the following: ``Sec. 106B. Noneconomic interests of certain theatrical motion picture artists ``(a) Noneconomic Interests.--Subject to section 107 and independent of the exclusive rights provided in section 106, the principal director, screenwriter, and cinematographer of a theatrical motion picture have the noneconomic interests in that motion picture. The noneconomic interests in a theatrical motion picture that are referred to in the preceding sentence are of the principal director, screenwriter, or cinematographer-- ``(1) the right of the principal director, screenwriter, or cinematographer (as the case may be) of that motion picture to claim that he or she was the principal director, screenwriter, or cinematographer (as the case may be) of that motion picture; ``(2) the right of the principal director, screenwriter, or cinematographer (as the case may be) of that motion picture to prevent the use of his or her name as the principal director, screenwriter, or cinematographer (as the case may be) of a theatrical motion picture of which he or she was not the principal director, screenwriter, or cinematographer (as the case may be); and ``(3) the right of the principal director, screenwriter, or cinematographer (as the case may be) of that motion picture to prevent any intentional distortion, mutilation, or other modification of that motion picture which would be prejudicial to his or her honor or reputation. ``(b) Scope and Exercise of Rights.--Only a physical person may exercise the rights conferred by subsection (a) in a theatrical motion picture, but such rights may be exercised whether or not that person is the copyright owner. ``(c) Duration of Rights.--The duration of the noneconomic interests in a theatrical motion picture shall be coextensive with, and shall expire at the same time as, the rights conferred by section 106 in that motion picture. ``(d) Transfer and Waiver.--The noneconomic interests in a theatrical motion picture may not be transferred, but they may be exercised by the heir of the principal director, screenwriter, or cinematographer, as the case may be. Those rights may be waived if the principal director, screenwriter, or cinematographer, as the case may be, expressly agrees to such waiver in a written instrument signed by such person, except that-- ``(1) such written instrument may not be executed before the first public performance of the motion picture (after previews and trial runs); and ``(2) no consideration in excess of one dollar may be given for the grant of the waiver. Such instrument shall specifically identify the theatrical motion picture and the uses of that motion picture to which the waiver applies, and the waiver shall apply only to the motion picture and uses so identified. ``(e) Definition.--As used in this section, the term `heir' means the person to whom the noneconomic interests conferred by this section are bequeathed by will or pass by the applicable laws of intestate succession.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 1 of title 17, United States Code, is amended by inserting after the item relating to section 106A the following: ``106B. Noneconomic interests of certain theatrical motion picture artists''. SEC. 4. CLARIFICATION OF AUTHORSHIP. Section 201(b) of title 17, United States Code, is amended-- (1) by striking ``In the case of a work made for hire,'' and inserting ``In the case of a work made for hire, except in the case of theatrical motion pictures with respect to the noneconomic interests in the work,''; and (2) by adding at the end the following: ``(2) In the case of theatrical motion pictures with respect to ownership of noneconomic interests in the work, the author shall be the principal director, principal screenwriter, and principal cinematographer.''. SEC. 5. INFRINGEMENT ACTIONS. Section 501(a) of title 17, United States Code, is amended in the first sentence by inserting ``or in section 106B(a)'' after ``of the author as provided in section 106A(a)''.

Theatrical Motion Picture Authorship Act of 1995 - Declares that the principal director, screenwriter, and cinematographer of a theatrical motion picture have the noneconomic interests in such picture. Describes such interests as the right of the director, screenwriter, or cinematographer to: (1) claim that he or she was the director, screenwriter, or cinematographer of the picture; (2) prevent the use of his or her name as the director, screenwriter, or cinematographer of pictures of which he or she was not the director, screenwriter, or cinematographer; and (3) prevent any intentional distortion, mutilation, or other modification of the picture which would be prejudicial to his or her honor or reputation. Permits the exercise of such rights whether or not the person is the copyright owner. Requires the duration of such interests to be coextensive with (and expire at the same time as) exclusive copyright rights in the picture. Prohibits the transfer of such interests, but authorizes the exercise of such interests by heirs. Authorizes the waiver of such rights, but prohibits: (1) the execution of the written instrument containing the waiver before the first public performance of the motion picture; and (2) consideration exceeding one dollar to be given for the grant of the waiver. Revises copyright ownership provisions to provide that the principal director, screenwriter, and cinematographer shall be considered authors with respect to ownership of noneconomic interests in theatrical motion pictures. Considers violations of rights granted by this Act to be infringements.

Theatrical Motion Picture Authorship Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Trading on Congressional Knowledge Act''. SEC. 2. NONPUBLIC INFORMATION RELATING TO CONGRESS. (a) Securities Transactions.--Section 10 of the Securities Exchange Act of 1934 is amended by adding at the end the following: ``(c) Nonpublic Information Relating to Congress.-- ``(1) Prohibition.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling the securities of any issuer while such person is in possession of material nonpublic information relating to any pending or prospective legislative action relating to such issuer if-- ``(A) such information was obtained by reason of such person being a Member or employee of Congress; or ``(B) such information was obtained from a Member or employee of Congress, and such person knows that the information was so obtained. ``(2) Disclosure.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any Member or employee of Congress, or any other person from disclosing material nonpublic information relating to any pending or prospective legislative action relating to any issuer if that Member, employee, or other person has reason to believe that the information will be used to buy or sell the securities of such issuer based on such information.''. (b) Commodities Transactions.--Section 4c of the Commodities Exchange Act (7 U.S.C. 6c) is amended by adding at the end the following: ``(h) Nonpublic Information Relating to Congress.-- ``(1) Prohibition.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any person from buying or selling any commodity for future delivery while such person is in possession of material nonpublic information relating to any pending or prospective legislative action relating to such commodity if-- ``(A) such information was obtained by reason of such person being a Member or employee of Congress; or ``(B) such information was obtained from a Member or employee of Congress, and such person knows that the information was so obtained. ``(2) Disclosure.--Not later than 270 days after the date of enactment of this subsection, the Commission shall by rule prohibit any Member or employee of Congress, or any other person from disclosing material nonpublic information relating to any pending or prospective legislative action relating to any commodity if that Member, employee, or other person has reason to believe that the information will be used to buy or sell such commodity for future delivery based on such information.''. SEC. 3. TIMELY REPORTING OF SECURITIES TRANSACTIONS. (a) Amendment.--Section 103 of the Ethics in Government Act of 1978 is amended by adding at the end the following subsection: ``(l) Within 30 days after the purchase, sale, or exchange of any stocks, bonds, commodities futures, or other forms of securities that are otherwise required to be reported under this Act and the transaction of which involves at least $1000 by any Member of Congress or officer or employee of the legislative branch required to so file, that Member, officer, or employee shall file a report of that transaction with the Clerk of the House of Representatives in the case of a Representative in Congress, a Delegate to Congress, or the Resident Commissioner from Puerto Rico, or with the Secretary of the Senate in the case of a Senator.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to transactions occurring on or after the date that is 90 days after the date of the enactment of this Act. SEC. 4. REGISTRATION OF POLITICAL INTELLIGENCE FIRMS. (a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602) is amended-- (1) in paragraph (2)-- (A) by inserting after ``lobbying activities'' both places such term appears the following: ``or political intelligence activities''; and (B) by inserting after ``lobbyists'' the following: ``or political intelligence consultants''; and (2) by adding at the end the following new paragraphs: ``(17) Political intelligence activities.--The term `political intelligence activities' means political intelligence contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the political intelligence activities of others. ``(18) Political intelligence contact.-- ``(A) Definition.--The term `political intelligence contact' means any oral or written communication (including an electronic communication) to or from a covered legislative branch official, the information derived from which is intended for use in analyzing securities or commodities markets, that is made on behalf of a client with regard to the formulation, modification, or adoption of Federal legislation (including legislative proposals). ``(B) Exception.--The term `political intelligence contact' does not include a communication that is made by or to a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public. ``(19) Political intelligence firm.--The term `political intelligence firm' means a person or entity that has 1 or more employees who are political intelligence consultants to a client other than that person or entity. ``(20) Political intelligence consultant.--The term `political intelligence consultant' means any individual who is employed or retained by a client for financial or other compensation for services that include one or more political intelligence contacts.''. (b) Registration Requirement.--Section 4 of that Act (2 U.S.C. 1603) is amended-- (1) in subsection (a)(1)-- (A) by inserting after ``whichever is earlier,'' the following: ``or a political intelligence consultant first makes a political intelligence contact,''; and (B) by inserting after ``such lobbyist'' both places such term appears the following: ``or consultant''; (2) in subsection (a)(2), by inserting after ``lobbyists'' both places such term appears the following: ``or consultants''; (3) in subsection (a)(3)(A)-- (A) by inserting after ``lobbying activities'' each place such term appears the following: ``and political intelligence activities''; and (B) in clause (i), by inserting after ``lobbying firm'' the following: ``or political intelligence firm''; (4) in subsection (b)(3), by inserting after ``lobbying activities'' both places such term appears the following: ``or political intelligence activities''; (5) in subsection (b)(4), by inserting after ``lobbying activities'' the following: ``or political intelligence activities''; (6) in subsection (b)(4)(C), by inserting after ``lobbying activity'' the following: ``or political intelligence activity''; (7) in subsection (b)(5), by inserting after ``lobbying activities'' both places such term appears the following: ``or political intelligence activities''; (8) in subsection (b)(6), by inserting after ``lobbyist'' both places such term appears the following: ``or political intelligence consultant''; (9) in subsection (c)(1), by inserting after ``lobbying contacts'' the following: ``or political intelligence contacts''; (10) in subsection (c)(2)-- (A) by inserting after ``lobbying contact'' the following: ``or political intelligence contact''; and (B) by inserting after ``lobbying contacts'' the following: ``and political intelligence contacts''; and (11) in subsection (d)(1), by inserting after ``lobbying activities'' both places such term appears the following: ``or political intelligence activities''. (c) Reports by Registered Political Intelligence Consultants.-- Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended-- (1) in subsection (a), by inserting after ``lobbying activities'' the following: ``and political intelligence activities''; (2) in subsection (b)(2)-- (A) in the matter preceding subparagraph (A), by inserting after ``lobbying activities'' the following: ``or political intelligence activities''; (B) in subparagraph (A)-- (i) by inserting after ``lobbyist'' the following: ``or political intelligence consultant''; and (ii) by inserting after ``lobbying activities'' the following: ``or political intelligence activities''; (C) in subparagraph (B), by inserting after ``lobbyists'' the following: ``or political intelligence consultants''; and (D) in subparagraph (C), by inserting after ``lobbyists'' the following: ``or political intelligence consultants''; (3) in subsection (b)(3)-- (A) by inserting after ``lobbying firm'' the following: ``or political intelligence firm''; and (B) by inserting after ``lobbying activities'' both places such term appears the following: ``or political intelligence activities''; and (4) in subsection (b)(4), by inserting after ``lobbying activities'' both places such term appears the following: ``or political intelligence activities''. (d) Disclosure and Enforcement.--Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended-- (1) in paragraph (3)(A), by inserting after ``lobbying firms'' the following: ``, political intelligence consultants, political intelligence firms,''; (2) in paragraph (7), by inserting after ``lobbying firm'' the following: ``, or political intelligence consultant or political intelligence firm,''; and (3) in paragraph (8), by inserting after ``lobbying firm'' the following: ``, or political intelligence consultant or political intelligence firm,''. (e) Rules of Construction.--Section 8 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1607) is amended in subsection (b) by inserting after ``lobbying contacts'' the following: ``, or political intelligence activities or political intelligence contacts,''.

Stop Trading on Congressional Knowledge Act - Amends the Securities Exchange Act of 1934 and the Commodities Exchange Act to direct both the Securities and Exchange Commission (SEC) and the Commodities Futures Trading Commission (CFTC) to prohibit a person from buying or selling securities while in possession of related material nonpublic information regarding legislative action if the information was obtained: (1) knowingly from a Member or employee of Congress; or (2) by reason of being a Member or employee of Congress. Directs the SEC and the CFTC to prohibit any Member or employee of Congress, or any other person, from disclosing material nonpublic information regarding legislative action relating to any issuer if that Member, employee, or other person has reason to believe that the information will be used to buy or sell the securities of such issuer based on that information. Amends the Ethics in Government Act of 1978 to require formal disclosure of certain securities transactions to the Clerk of the House of Representatives or the Secretary of the Senate. Amends the Lobbying Disclosure Act of 1995 to subject to its registration, reporting, and disclosure requirements political intelligence activities, contacts, firms, and consultants.

To prohibit securities trading based on nonpublic information relating to Congress, and to require additional reporting by Members and employees of Congress of securities transaction, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Open and Accountable Campaign Financing Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--DISCLOSURE Sec. 101. Additional monthly and quarterly disclosure reports. Sec. 102. Reporting by national political party committees. Sec. 103. Increased electronic disclosure. Sec. 104. Public access to broadcasting records. TITLE II--SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CONTRIBUTION LIMITS Sec. 201. Limit on soft money of national political party committees. Sec. 202. Judicial review. Sec. 203. Increase in contribution limits. TITLE III--MISCELLANEOUS PROVISIONS Sec. 301. Prohibition of solicitation of political party soft money in Federal buildings. Sec. 302. Update of penalty amounts. Sec. 303. Activities of membership organizations and their affiliates. Sec. 304. Filing of Senate reports with the Federal Election Commission. TITLE I--DISCLOSURE SEC. 101. ADDITIONAL MONTHLY AND QUARTERLY DISCLOSURE REPORTS. (a) Principal Campaign Committees.-- (1) Monthly reports.--Section 304(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)) is amended by striking clause (iii) and inserting the following: ``(iii) additional monthly reports, which shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that monthly reports shall not be required under this clause in November and December and a year end report shall be filed not later than January 31 of the following calendar year.''. (2) Quarterly reports.--Section 304(a)(2)(B) of such Act is amended by striking ``the following reports'' and all that follows through the period and inserting ``the treasurer shall file quarterly reports, which shall be filed not later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter, except that the report for the quarter ending December 31 shall be filed not later than January 31 of the following calendar year.''. (b) National Committee of a Political Party.--Section 304(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(4)) is amended by adding at the end the following flush sentence: ``Notwithstanding the preceding sentence, a national committee of a political party shall file the reports required under subparagraph (B).''. (c) Conforming Amendments.-- (1) Section 304.--Section 304(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended-- (A) in paragraph (3)(A)(ii), by striking ``quarterly reports'' and inserting ``monthly reports''; and (B) in paragraph (8), by striking ``quarterly report under paragraph (2)(A)(iii) or paragraph (4)(A)(i)'' and inserting ``monthly report under paragraph (2)(A)(iii) or paragraph (4)(A)''. (2) Section 309.--Section 309(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(b)) is amended by striking ``calendar quarter'' and inserting ``month''. SEC. 102. REPORTING BY NATIONAL POLITICAL PARTY COMMITTEES. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following: ``(e) Political Committees.-- ``(1) National and congressional political committees.--The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements during the reporting period. ``(2) Itemization.--If a political committee has receipts or disbursements to which this subsection applies from any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same manner as required in paragraphs (3)(A), (5), and (6) of subsection (b). ``(3) Reporting periods.--Reports required to be filed under this subsection shall be filed for the same time periods required for political committees under subsection (a)(4)(B).''. SEC. 103. INCREASED ELECTRONIC DISCLOSURE. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 102, is amended by adding at the end the following: ``(f) Internet Availability.--The Commission shall make the information contained in the reports submitted under this section available on the Internet and publicly available at the offices of the Commission as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission.''. SEC. 104. PUBLIC ACCESS TO BROADCASTING RECORDS. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and inserting after subsection (b) the following: ``(c) Political Record.-- ``(1) In general.--A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that-- ``(A) is made by or on behalf of a legally qualified candidate for public office; or ``(B) communicates a message relating to any political matter of national importance, including-- ``(i) a legally qualified candidate; ``(ii) any election to Federal office; or ``(iii) a national legislative issue of public importance. ``(2) Contents of record.--A record maintained under paragraph (1) shall contain information regarding-- ``(A) whether the request to purchase broadcast time is accepted or rejected by the licensee; ``(B) the rate charged for the broadcast time; ``(C) the date and time on which the communication is aired; ``(D) the class of time that is purchased; ``(E) the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable); ``(F) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ``(G) in the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. ``(3) Time to maintain file.--The information required under this subsection shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years.''. TITLE II--SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CONTRIBUTION LIMITS SEC. 201. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY COMMITTEES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 323. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY COMMITTEES. ``(a) Limitation.--A national committee of a political party, a congressional campaign committee of a national party, or an entity directly or indirectly established, financed, maintained, or controlled by such committee shall not accept a donation, gift, or transfer of funds of any kind (not including transfers from other committees of the political party or contributions), during a calendar year, from a person (including a person directly or indirectly established, financed, maintained, or controlled by such person) in an aggregate amount in excess of $90,000. ``(b) Aggregate Limit on Donor.--No person may make an aggregate amount of disbursements to committees or entities described in subsection (a) (other than transfers from other committees of political parties or contributions) in excess of $90,000 in any calendar year. ``(c) Index of Amount.--In the case of any calendar year after 2001-- ``(1) the amounts described in subsections (a) and (b) shall be increased based on the increase in the price index determined under section 315(c), except that the base period shall be calendar year 2001; and ``(2) each amount so increased shall be the amount in effect for the calendar year.''. SEC. 202. JUDICIAL REVIEW. (a) Expedited Review.--Any Member of Congress, candidate, national committee of a political party, or any person adversely affected by section 323 of the Federal Election Campaign Act of 1971, as added by section 201, may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief on the ground that such section 323 violates the Constitution. (b) Appeal to Supreme Court.--Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia granting or denying an injunction regarding, or finally disposing of, an action brought under subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 calendar days after such order is entered; and the jurisdictional statement shall be filed within 30 calendar days after such order is entered. (c) Expedited Consideration.--It shall be the duty of the District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a). (d) Enforceability.--The enforcement of any provision of section 323 of the Federal Election Campaign Act of 1971, as added by section 201, shall be stayed, and such section 323 shall not be effective, for the period-- (1) beginning on the date of the filing of an action under subsection (a); and (2) ending on the date of the final disposition of such action on its merits by the Supreme Court of the United States. (e) Applicability.--This section shall apply only with respect to any action filed under subsection (a) not later than 30 days after the effective date of this Act. SEC. 203. INCREASE IN CONTRIBUTION LIMITS. (a) Increase in Individual and Political Committee Contribution Limits.--Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``$1,000'' and inserting ``$3,000''; (B) in subparagraph (B), by striking ``$20,000'' and inserting ``$60,000''; and (C) in subparagraph (C), by striking ``$5,000'' and inserting ``$15,000''; and (2) in paragraph (3)-- (A) by striking ``$25,000'' and inserting ``$75,000''; and (B) by striking the second sentence. (b) Increase in Multicandidate Limits.--Section 315(a)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is amended-- (1) in subparagraph (A)-- (A) by striking ``$5,000'' and inserting ``$7,500''; and (B) by inserting ``except as provided in subparagraph (D),'' before ``to any candidate''; (2) in subparagraph (B)-- (A) by striking ``$15,000'' and inserting ``$30,000''; and (B) by striking ``or'' at the end; (3) in subparagraph (C), by striking ``$5,000.'' and inserting ``$7,500; or''; and (4) by adding at the end the following: ``(D) in the case of a national committee of a political party, to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $15,000.''. (c) Indexing.--Section 315(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended-- (1) in paragraph (1)-- (A) by striking the second and third sentences; (B) by inserting ``(A)'' before ``At the beginning''; and (C) by adding at the end the following: ``(B) Except as provided in subparagraph (C), in any calendar year after 2002-- ``(i) a limitation established by subsection (a), (b), (d), or (h) shall be increased by the percent difference determined under subparagraph (A); and ``(ii) each amount so increased shall remain in effect for the calendar year. ``(C) In the case of limitations under subsection (a), each amount increased under subparagraph (B) shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election.''; and (2) in paragraph (2)(B), by striking ``means the calendar year 1974'' and inserting ``means-- ``(i) for purposes of subsections (b) and (d), calendar year 1974; and ``(ii) for purposes of subsections (a) and (h), calendar year 2001''. (d) Increase in Senate Candidate Contribution Limits for National Party Committees and Senatorial Campaign Committees.--Section 315(h) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(h)) is amended by striking ``$17,500'' and inserting ``$90,000''. (e) Effective Dates.-- (1) Except as provided in paragraph (2), the amendments made by this section shall apply to calendar years beginning after December 31, 2001. (2) The amendments made by subsection (c) shall apply to calendar years after December 31, 2002. TITLE III--MISCELLANEOUS PROVISIONS SEC. 301. PROHIBITION OF SOLICITATION OF POLITICAL PARTY SOFT MONEY IN FEDERAL BUILDINGS. (a) In General.--Section 607 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``within the meaning of section 301(8) of the Federal Election Campaign Act of 1971''; and (2) by adding at the end the following: ``(c) Definition of Contribution.--In this section, the term `contribution' means a gift, subscription, loan, advance, or deposit of money or anything of value made by any person in connection with-- ``(1) any election or elections for Federal office; ``(2) any political committee (as defined in section 301 of the Federal Election Campaign Act of 1971); or ``(3) any State, district, or local committee of a political party.''. (b) Amendment of Title 18 To Include Prohibition of Donations.-- Section 602(a)(4) of title 18, United States Code, is amended by striking ``within the meaning of section 301(8) of the Federal Election Campaign Act of 1971'' and inserting ``(as defined in section 607(c))''. SEC. 302. UPDATE OF PENALTY AMOUNTS. Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g) is amended by adding at the end the following: ``(e) Adjustment of Dollar Amounts for Inflation.--In the case of any calendar year after 2001-- ``(1) each amount specified under subsection (a) or the second sentence of subsection (d)(1)(A) shall be increased based on the increase in the price index determined under section 315(c), except that the base period shall be calendar year 2001; and ``(2) each amount so increased shall be the amount in effect for the calendar year.''. SEC. 303. ACTIVITIES OF MEMBERSHIP ORGANIZATIONS AND THEIR AFFILIATES. (a) Permitting Corporate Members of Trade Association to Approve Solicitations by More Than One Trade Association.--Section 316(b)(4)(D) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(4)(D)) is amended by striking ``, and such member corporation'' and all that follows and inserting a period. (b) Treatment of Certain Employees and Others as Executive and Administrative Personnel.--Section 316(b)(7) of such Act (2 U.S.C. 441b(b)(7)) is amended by striking ``responsibilities.'' and inserting the following: ``responsibilities (without regard to whether the individual is a member or affiliate of a labor organization), and includes salaried foremen or others having direct supervision over employees paid on an hourly basis, and any individuals with professional responsibilities who are paid by the corporation as consultants or independent contractors (without regard to whether such individuals are classified as employees of the corporation for any other purpose).''. SEC. 304. FILING OF SENATE REPORTS WITH THE FEDERAL ELECTION COMMISSION. (a) Section 302 Amendment.--Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C. 432) is amended by striking subsection (g) and inserting the following: ``(g) Place of Filing.--All designations, statements, and reports required to be filed under this Act shall be filed with the Commission.''. (b) Conforming Amendments.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended-- (1) in section 304-- (A) in subsection (a)(6)(A), by striking ``Secretary or the Commission'' through ``as appropriate'' and inserting ``Commission and Secretary of State'', (B) in the third sentence of subsection (c)(2), by striking ``the Secretary or'', and (C) in the fourth sentence of subsection (c)(2), by striking ``the Secretary, the Commission,'' and inserting ``the Commission''; and (2) in section 311(a)(4), by striking ``Secretary or the''.

Open and Accountable Campaign Financing Act of 2001 - Amends the Federal Election Campaign Act of 1971 (FECA) to revise reporting requirements, including: (1) changing from quarterly to monthly the additional reports required to be filed with regard to the principal campaign committee of a candidate for the House of Representatives or the Senate in any calendar year during which there is a regularly scheduled election for which such candidate is seeking nomination or election; (2) requiring a national committee of a political party to file the same monthly reports designated for all political committees other than authorized committees of a candidate; (3) requiring the national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, to report all receipts and disbursements during the appropriate reporting period; and (4) directing the Federal Election Commission (FEC) to make report information available on the Internet and at FEC offices.Amends the Communications Act of 1934 to require a licensee to maintain and make available for public inspection a complete record of certain requests to purchase broadcast time that are related to legally qualified candidates.Amends FECA to: (1) limit to $90,000 aggregate (indexed for inflation) per calendar year per contributor the amount of soft money a national committee of a political party, a congressional campaign committee of a national party, or an entity directly or indirectly established, financed, maintained, or controlled by such committee may accept; (2) prohibit any person from making an aggregate amount of disbursements to such committees or entities (other than transfers from other committees of political parties or contributions) in excess of $90,000 (indexed for inflation) in any calendar year; (3) increase individual, political committee, and multicandidate political committee contribution limits; (4) revise indexing provisions; and (5) increase Senate candidate contribution limits for national party committees and senatorial campaign committees.Amends the Federal criminal code to prohibit solicitation of soft money in any room or building occupied in the discharge of official duties by an officer or employee of the United States or any department or agency thereof, or by a person receiving any salary or compensation for service from the Treasury.Amends FECA to: (1) provide for indexing of penalty amounts; (2) permit corporate members of trade associations to approve the soliciting of contributions by more than one such trade association in any calendar year; and (3) require the filing of all Senate FECA reports to be with the FEC.

To amend the Federal Election Campaign Act of 1971 to provide meaningful campaign finance reform through requiring better reporting, decreasing the role of soft money, and increasing individual contribution limits, and for other purposes.

SECTION 1. PROHIBITION ON IMPORTATION OF SEMIAUTOMATIC ASSAULT RIFLES AND ASSAULT PISTOLS. (a) General Rule.--Except as provided in subsection (b), the importation into the United States of-- (1) semiautomatic assault rifles; (2) semiautomatic assault pistols; (3) large capacity ammunition feeding devices; and (4) semiautomatic assault weapon accessories; is prohibited. (b) Exceptions.--The prohibition in subsection (a) does not apply to any importation under the authority of the United States, by any department or agency of the United States, or by any department or agency of any State or political subdivision of a State. SEC. 2. DEFINITIONS. The following terms apply for the purposes of this Act: (1) HTS.--The term ``HTS'' means the Harmonized Tariff Schedule of the United States. (2) Semiautomatic assault rifles.--The term ``semiautomatic assault rifles'' means rifles of any of the following types (provided for in subheading 9301.00.30 or 9303.30.80 of the HTS): AK47 type 86S type AK47S type 86S7 type AK74 type 87S type AKS type Galil type AKM type Type 56 type AKMS type Type 56S type 84S type Valmet M76 type ARM type Valmet M78 type 84S1 type M76 counter-sniper type 84S3 type FAL type HK91 type L1A1A type HK93 type SAR 48 type HK94 type AUG type G3SA type FNC type K1 type Uzi carbine K2 type Algimec AGMI type AR100 type AR180 type M14S type Australian Automatic Arms SAR type MAS223 type Beretta AR70 type SIG 550SP type Beretta BM59 type SIG 551SP type CIS SR88 type SKS type with Any other type determined pursuant detachable to law to be appropriate. magazine (3) Semiautomatic assault pistols.--The term ``semiautomatic assault pistols'' means pistols of any of the following types (provided for in subheading 9302.00.00 of the HTS): Uzi type Heckler & Koch SP-89 type Australian Automatic Arms SAP type Spectre Auto type Sterling Mark 7 type Any other type determined pursuant to law to be appropriate. (4) Large-capacity ammunition feeding device.--The term ``large-capacity ammunition feeding device'' means a detachable magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 5 rounds of ammunition (provided for in subheading 9305.29.50, 9305.90.10, or 9305.10.20 of the HTS). Such term also includes any combination of parts from which such a device can be assembled. (5) Semiautomatic assault weapon parts and accessories.-- The term ``semiautomatic assault weapon accessory or semiautomatic assault weapon part'' means any of the following articles if specifically designed for use with any semiautomatic weapon: (A) Grenade launchers (provided for in subheading 9301.00.90 of the HTS). (B) Bayonets (provided for in subheading 9307.00.00 of the HTS). (C) Flash suppressors (provided for in subheading 9305.90.30 of the HTS). (D) Night sights (provided for in subheading 9305.90.30 of the HTS). (E) Adaptors designed to facilitate the attachment of silencers or flash suppressors (provided for in subheading 9305.90.30 of the HTS). (F) Any combination of parts from which an article referred to in any of subparagraphs (A) through (E) can be assembled (provided for in subheading 9305.90.30 of the HTS). (G) Any part designed and intended solely for use in assembling an article referred to in any of subparagraphs (A) through (E). (H) Any other article determined pursuant to law to be appropriate. SEC. 3. APPLICABILITY. The provisions of sections 1 and 2 apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Prohibits the importation into the United States of any semiautomatic assault weapon, large capacity ammunition feeding devices, or assault weapon accessories. Makes an exception for the importation of such articles under authority of the United States, by a U.S. department or agency, or by a State or local department or agency.

To prohibit the importation of semiautomatic assault weapons, large capacity ammunition feeding devices, and certain accessories, to provide for the public safety of the citizens of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Charitable Automobile Red-Tape Simplification Act of 2015'' or as the ``CARS Act of 2015''. SEC. 2. MODIFICATION OF SUBSTANTIATION RULES FOR THE DONATION OF CERTAIN VEHICLES. (a) In General.--Section 170(f)(12) of the Internal Revenue Code of 1986 is amended to read as follows: ``(12) Contributions of used motor vehicles, boats, and airplanes exceeding $500 but not $2,500.-- ``(A) In general.--In the case of a contribution of a qualified vehicle the claimed value of which exceeds $500 but not $2,500, paragraph (8) shall not apply and no deduction shall be allowed under subsection (a) for such contribution unless the taxpayer attaches to the return for the taxable year-- ``(i) a statement that includes-- ``(I) the make, model, year of manufacture, and condition of the qualified vehicle at time of donation, and ``(II) a good faith estimate of the value of the qualified vehicle at time of donation based on a widely available used vehicle pricing guide (as determined by the Secretary) which takes into account unusual equipment, unusual mileage, and physical condition of the vehicle, and ``(ii) a contemporaneous written acknowledgment of the contribution by the donee organization which includes the following information: ``(I) The name and taxpayer identification number of the donor. ``(II) The vehicle identification number or similar number. ``(III) The condition of the donated vehicle, including any engine trouble, body damage, high mileage, and any excessive wear and tear. ``(IV) Whether the donee organization provided any goods or services in consideration, in whole or in part, for the qualified vehicle. ``(V) A description and good faith estimate of the value of any goods or services referred to in subclause (IV) or, if such goods or services consist solely of intangible religious benefits (as defined in paragraph (8)(B)), a statement to that effect. ``(B) Estimates to be based on trade-in value.-- ``(i) In general.--Any estimate made under subparagraph (A)(i)(II) based on a used vehicle pricing guide shall be made on the basis of the trade-in value of the vehicle or such similar valuation as the Secretary may specify. ``(ii) Trade-in value.--For purposes of this subparagraph, the term `trade-in value' means a valuation based the acquisition of comparable vehicles by dealers from private parties. ``(C) Information to secretary.--A donee organization required to provide an acknowledgment under this paragraph shall provide to the Secretary the information contained in the acknowledgment. Such information shall be provided at such time and in such manner as the Secretary may prescribe. ``(D) Qualified vehicle.--For purposes of this paragraph, the term `qualified vehicle' means any-- ``(i) motor vehicle manufactured primarily for use on public streets, roads, and highways, ``(ii) boat, or ``(iii) airplane. Such term shall not include any property which is described in section 1221(a)(1). ``(E) Regulations or other guidance.--The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this paragraph.''. (b) Coordination With Appraisal Requirements.-- (1) In general.--Section 170(f)(11)(A)(ii)(I) of such Code is amended-- (A) by inserting ``and'' before ``publicly'', and (B) by striking ``and any qualified vehicle described in paragraph (12)(A)(ii) for which an acknowledgment under paragraph (12)(B)(iii) is provided''. (2) Coordination of dollar limitations.--Section 170(f)(11)(C) of such Code-- (A) is amended by inserting ``($2,500 in the case of a qualified vehicle as defined in paragraph (12))'' after ``$5,000'', and (B) by striking ``contributions of more than $5,000'' in the heading thereof and inserting ``certain contributions''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015.

Charitable Automobile Red-Tape Simplification Act of 2015 or the CARS Act of 2015  This bill amends the Internal Revenue Code, with respect to the tax deduction for charitable contributions, to modify the substantiation rules for donations of qualified vehicles (i.e., motor vehicles manufactured primarily for use on public streets, roads, and highways and boats or airplanes) with a claimed value exceeding $500 but not $2,500, to require: (1) a statement with respect to such qualified vehicles and a good faith estimate of their value at the time of donation; and (2) a contemporaneous written acknowledgement of the contribution by the donee organization, with information about the donor and the qualified vehicle.

CARS Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsive Government Act of 2008''. SEC. 2. EMERGENCY AUTHORITY TO DELAY OR TOLL JUDICIAL PROCEEDINGS. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Emergency authority to delay or toll judicial deadlines ``(a) Tolling in District Courts.-- ``(1) In general.--In the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable for the United States Government or a class of litigants to comply with deadlines imposed by any Federal or State law or rule that applies in the courts of the United States, the chief judge of a district court that has been affected may exercise emergency authority in accordance with this section. ``(2) Scope of authority.--(A) The chief judge may enter such order or orders as may be appropriate to delay, toll, or otherwise grant relief from the time deadlines imposed by otherwise applicable laws or rules for such period as may be appropriate for any class of cases pending or thereafter filed in the district court or bankruptcy court of the district. ``(B) Except as provided in subparagraph (C), the authority conferred by this section extends to all laws and rules affecting criminal and juvenile proceedings (including, prearrest, post-arrest, pretrial, trial, and post-trial procedures), civil actions, bankruptcy proceedings, and the time for filing and perfecting an appeal. ``(C) The authority conferred by this section does not include the authority to extend-- ``(i) any statute of limitation for a criminal action; or ``(ii) any statute of limitation for a civil action, if-- ``(I) the claim arises under the laws of a State; and ``(II) extending the limitations period would be inconsistent with the governing State law. ``(3) Unavailability of chief judge.--If the chief judge of the district is unavailable, the authority conferred by this section may be exercised by the district judge in regular active service who is senior in commission or, if no such judge is available, by the chief judge of the circuit that includes the district. ``(4) Habeas corpus unaffected.--Nothing in this section shall be construed to authorize suspension of the writ of habeas corpus. ``(b) Criminal Cases.--In exercising the authority under subsection (a) for criminal cases, the court shall consider the ability of the United States Government to investigate, litigate, and process defendants during and after the emergency situation, as well as the ability of criminal defendants as a class to prepare their defenses. ``(c) Tolling in Courts of Appeals.-- ``(1) In general.--In the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable for the United States Government or a class of litigants to comply with deadlines imposed by any Federal or State law or rule that applies in the courts of the United States, the chief judge of a court of appeals that has been affected or that includes a district court so affected may exercise emergency authority in accordance with this section. ``(2) Scope of authority.--The chief judge may enter such order or orders as may be appropriate to delay, toll, or otherwise grant relief from the time deadlines imposed by otherwise applicable laws or rules for such period as may be appropriate for any class of cases pending in the court of appeals. ``(3) Unavailability of chief judge.--If the chief judge of the circuit is unavailable, the authority conferred by this section may be exercised by the circuit judge in regular active service who is senior in commission. ``(4) Habeas corpus unaffected.--Nothing in this section shall be construed to authorize suspension of the writ of habeas corpus. ``(d) Issuance of Orders.--The Attorney General or the Attorney General's designee may request issuance of an order under this section, or the chief judge of a district or of a circuit may act on his or her own motion. ``(e) Duration of Orders.--An order entered under this section may not toll or extend a time deadline for a period of more than 14 days, except that, if the chief judge (whether of a district or of a circuit) determines that an emergency situation requires additional extensions of the period during which deadlines are tolled or extended, the chief judge may, with the consent of the judicial council of the circuit, enter additional orders under this section in order to further toll or extend such time deadline. ``(f) Notice.--A court issuing an order under this section-- ``(1) shall make all reasonable efforts to publicize the order, including announcing the order on the web sites of all affected courts and the web site of the Federal judiciary; and ``(2) shall, through the Director of the Administrative Office of the United States Courts, send notice of the order, including the reasons for the issuance of the order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. ``(g) Required Reports.--A court issuing one or more orders under this section relating to an emergency situation shall, not later than 180 days after the date on which the last extension or tolling of a time period made by the order or orders ends, submit a brief report to the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, and the Judicial Conference of the United States describing the orders, including-- ``(1) the reasons for issuing the orders; ``(2) the duration of the orders; ``(3) the effects of the orders on litigants; and ``(4) the costs to the judiciary resulting from the orders. ``(h) Exceptions.--The notice under subsection (f)(2) and the report under subsection (g) are not required in the case of an order that tolls or extends a time deadline for a period of less than 14 days.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 111 of title 28, United States Code, is amended by adding at the end the following new item: ``1660. Emergency authority to delay or toll judicial deadlines.''. SEC. 3. WAIVER OF PATENT AND TRADEMARK REQUIREMENTS IN CERTAIN EMERGENCIES. Section 2 of title 35, United States Code, is amended by adding at the end the following new subsection: ``(e) Waiver of Requirements in Certain Emergencies.--The Director may waive statutory provisions governing the filing, processing, renewal, and maintenance of patents, trademark registrations, and applications therefor to the extent the Director considers necessary in order to protect the rights and privileges of applicants and other persons affected by an emergency or a major disaster, as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). A decision not to exercise, or a failure to exercise, the waiver authority provided by this subsection shall not be subject to judicial review.''. SEC. 4. AUTHORITY OF DIRECTOR OF PTO TO ACCEPT LATE FILINGS. (a) Authority.--Section 156 of title 35, United States Code, is amended by adding at the end the following new subsection: ``(i) Discretion to Accept Late Filings in Certain Cases of Unintentional Delay.-- ``(1) In general.--The Director may accept an application under this section that is filed not later than three business days after the expiration of the 60-day period provided in subsection (d)(1) if the applicant files a petition, not later than five business days after the expiration of that 60-day period, showing, to the satisfaction of the Director, that the delay in filing the application was unintentional. ``(2) Treatment of director's actions on petition.--If the Director has not made a determination on a petition filed under paragraph (1) within 60 days after the date on which the petition is filed, the petition shall be deemed to be denied. A decision by the Director to exercise or not to exercise, or a failure to exercise, the discretion provided by this subsection shall not be subject to judicial review.'' (b) Fee for Late Filings.-- (1) In general.--In order to effect a patent term extension under section 156(i) of title 35, United States Code, the patent holder shall pay a fee to the United States Treasury in the amount prescribed under paragraph (2). (2) Fee amount.-- (A) Fee amount.--The patent holder shall pay a fee equal to-- (i) $65,000,000 with respect to any original application for a patent term extension, filed with the United States Patent and Trademark Office before the date of the enactment of this Act, for a drug intended for use in humans that is in the anticoagulant class of drugs; or (ii) the amount estimated under subparagraph (B) with respect to any other original application for a patent term extension. (B) Calculation of alternate amount.--The Director shall estimate the amount referred to in subparagraph (A)(ii) as the amount equal to the sum of-- (i) any net increase in direct spending arising from the extension of the patent term (including direct spending of the United States Patent and Trademark Office and any other department or agency of the Federal Government); (ii) any net decrease in revenues arising from such patent term extension; and (iii) any indirect reduction in revenues associated with payment of the fee under this subsection. The Director, in estimating the amount under this subparagraph, shall consult with the Director of the Office of Management and Budget, the Secretary of the Treasury, and either the Secretary of Health and Human Services or (in the case of a drug product subject to the Act commonly referred to as the ``Virus-Serum-Toxin Act''; 21 U.S.C. 151-158) the Secretary of Agriculture. (3) Notice of fee.--The Director shall inform the patent holder of the fee determined under paragraph (2) at the time the Director provides notice to the patent holder of the period of extension of the patent term that the patent holder may effect under this subsection. (4) Acceptance required.--Unless, within 15 days after the Director provides notice to the patent holder under paragraph (3), the patent holder accepts the patent term extension in writing to the Director, the patent term extension is rescinded and no fees shall be due under this subsection by reason of the petition under section 156(i)(1) of title 35, United States Code, pursuant to which the Director provided the notice. (5) Payment of fee.--The extension of a patent term of which notice is provided under paragraph (3) shall not become effective unless the patent holder pays the fee required under paragraph (2) not later than 60 days after the date on which the notice is provided. (6) Fee payment not available for obligation.--Fees received under this subsection are not available for obligation. (7) Director defined.--Except as otherwise provided, in this subsection, the term ``Director'' means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (c) Applicability.-- (1) In general.--This section and the amendments made by this section shall apply to any application-- (A) that is made on or after the date of the enactment of this Act; or (B) that, on such date of enactment, is pending before the Director or as to which a decision of the Director is eligible for judicial review. (2) Treatment of certain applications.--In the case of any application described in paragraph (1)(B), the 5-day period prescribed in section 156(i)(1) of title 35, United States Code, as added by subsection (a) of this section, shall be deemed to begin on the date of the enactment of this Act. Passed the House of Representatives June 23, 2008. Attest: LORRAINE C. MILLER, Clerk.

Responsive Government Act of 2008 - Amends the federal judicial code to authorize the chief judge of a district or court of appeals to delay, toll, or otherwise grant relief from time deadlines applicable to pending civil and criminal cases in the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable to comply with such deadlines. Grants the Director of the United States Patent and Trademark Office authority to: (1) waive statutory provisions governing the filing, processing, renewal, and maintenance of patents, trademark registrations, and patent and trademark applications in certain emergencies; and (2) accept late application filings for patent extensions in certain cases of unintentional delay. Prescribes filing fees for patent extensions, including: (1) $65 million for an anticoagulant drug intended for use in humans; and (2) a formula for other items.

To provide emergency authority to delay or toll judicial proceedings in United States district and circuit courts, and for other purposes.