FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boundary Waters Canoe Area Wilderness Expansion, Protection, and Access Act of 1997''. SEC. 2. MOTORIZED PORTAGES. Section 4 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1650) is amended by striking subsection (g) and inserting the following: ``(g) Motorized Portages.-- ``(1) In general.--Subject to paragraph (2), nothing in this Act shall prevent the operation of a motorized vehicle and associated equipment that is necessary to assist in the transport of a boat across Prairie Portage from the Moose Lake chain to Basswood Lake, and from Lake Vermilion to Trout Lake across the Trout Lake Portage. ``(2) Clean and efficient vehicles.--A vehicle operated as permitted under paragraph (1)-- ``(A) may not exceed the dimensions of a \3/4\ ton pickup truck; and ``(B) shall be a clean-emission and energy- efficient vehicle, as determined by the Secretary. ``(3) New technology.--The Secretary may require the use of vehicles under paragraph (1) that utilize appropriate cost- effective new technology allowing for a cleaner and quieter motorized vehicle as soon as practicable, as determined by the Secretary. ``(4) Removal of tow boats.--Not later than 30 days after the date on which the operation of motorized vehicles begins under paragraph (1), the Secretary shall terminate any special use permit for a tow boat in Basswood Lake or South Farm Lake. ``(5) Increase in motorboat permits.--The Secretary shall allow an appropriate increase in the number of motorboat permits for September on Basswood Lake to take into account the removal of commercial tow boats on Basswood Lake. ``(6) No additional facilities.--Nothing in this subsection permits the building of an overnight facility, building, road, or amenity at a portage site. ``(7) No subsidy.--The costs of operating a motorized vehicle under this subsection shall be borne by a concessionaire without subsidy from any government. ``(8) Continued operation.--If there is no operation of a motorized vehicle under this subsection by a concessionaire for a significant portion of the ice-free season for 3 consecutive years, this subsection shall cease to have effect.''. SEC. 3. LAND ADDITIONS TO THE WILDERNESS. Section 3 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1649) is amended-- (1) by inserting ``(a) In General.--'' after ``Sec. 3.''; and (2) by adding at the end the following: ``(b) Additional Land.-- ``(1) In general.--The wilderness shall include the land designated on the map entitled `Boundary Waters Canoe Area-- Expansion Proposal', dated July 29, 1997, comprising approximately 21,700 acres. ``(2) On file.--The map referred to in paragraph (1) shall be on file and available for public inspection in the offices of the Chief of the Forest Service and the Supervisor of the Superior National Forest. ``(3) Detailed legal description and map.-- ``(A) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish in the Federal Register a detailed legal description and map showing the new boundaries of the wilderness. ``(B) Filing with congress.--The Secretary shall file the legal description and map described in subparagraph (A) with the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Resources of the House of Representatives. ``(C) Force of law.--The legal description and map described in subparagraph (A) shall have the same force and effect as if included in this Act. ``(D) Clerical and typographical errors.--The Secretary may correct clerical and typographical errors in the legal description and map described in subparagraph (A) at any time. ``(4) Timber access roads.--Any timber access road in the land described in paragraph (1) that is in existence on the date of enactment of this subsection that is needed for operations under a timber sale contract in existence on that date shall remain open only until such time as the operations are completed and the timber sale contract expires. ``(5) Land exchanges.--Not later that 2 years after the date of enactment of this subsection, the Secretary shall identify and convey to the State or a county, in exchange for land owned by the State or county in the wilderness area described in paragraph (1), Federal land of approximately comparable value, taking into consideration factors such as the timber species, the volume of timber, and the accessibility of timber on the land.''. SEC. 4. MOTORBOATS ON CANOE LAKE. Section 4(c)(2) of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1650) is amended by striking ``; Canoe, Cook County''. SEC. 5. USE OF PISTON BULLY. Section 4(i) of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1652) is amended by adding at the end the following: ``The Secretary shall allow the use of a piston bully or similar device to groom the portion of the maintained ski trail on the east end of Flour Lake.''. SEC. 6. PERMIT RESERVATION SYSTEM. Section 4 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1652) is amended by adding at the end the following: ``(j) Permit Reservation System.--It is the sense of Congress that the Secretary should take steps, if feasible, to move the permit reservation system for the wilderness to northeastern Minnesota. In taking such steps, the Secretary should give preference to a contractor located in a county in which part of the wilderness lies.''. SEC. 7. ANNUAL GRANTS. Section 16 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1658) is amended by adding at the end the following: ``(c) Annual Grants.--Of the amounts made available under section 21, the Secretary shall make a portion available each year to the State of Minnesota to be used by the Department of Natural Resources to be used to pay the costs of providing employees and equipment in the wilderness (in addition to the employees and equipment being provided before the date of enactment of this subsection) for activities such as-- ``(1) campsite restoration; ``(2) trail and campsite maintenance; ``(3) law enforcement; ``(4) monitoring of the management plan described in section 20; ``(5) user education; and ``(6) other appropriate activities, as determined by the Secretary.''. SEC. 8. AIRSPACE RESERVATION. The provisions of Executive Order No. 10092 (14 Fed. Reg. 7637) shall be applicable to the areas depicted as wilderness on the map referred to in the amendments made by section 3. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 21 of Public Law 95-495 (16 U.S.C. 1132 note; 92 Stat. 1659) is amended to read as follows: ``SEC. 21. AUTHORIZATION OF APPROPRIATIONS. ``In addition to any other funds authorized to be appropriated for the wilderness, there are authorized to be appropriated to carry out this Act-- ``(1) $3,500,000 for fiscal year 1998; and ``(2) such sums as are necessary for each fiscal year thereafter.''. SEC. 10. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on January 1, 1998.

Boundary Waters Canoe Area Wilderness Expansion, Protection, and Access Act of 1997 - Amends Federal law to revise provisions regarding motorized portage in the Boundary Waters Canoe Area Wilderness, Minnesota. Provides that nothing shall prevent the operation of a motorized vehicle and associated equipment necessary to assist in the transport of a boat across Prairie Portage from the Moose Lake chain to Basswood Lake, and from Lake Vermilion to Trout Lake across the Trout Lake Portage. Prohibits such vehicles from exceeding the dimensions of a three-quarter ton pickup truck and requires them to be clean-emission and energy efficient. Requires the Secretary of Agriculture to terminate special use permits for tow boats in Basswood or South Farm Lakes. Increases the number of motorboat permits for September on Basswood Lake to take into account the removal of tow boats. Requires the costs of operating motorized vehicles to be borne by a concessionaire without government subsidies. Makes provisions regarding motorized portage ineffective if there is no operation of such vehicles for a significant part of the ice-free season for three consecutive years. Adds lands to the Wilderness. Prohibits the use of motorboats on Canoe Lake in Cook County. Requires the Secretary to make funds available annually to the Minnesota Department of Natural Resources for activities such as campsite restoration, trail and campsite maintenance, law enforcement, management plan monitoring, and user education. Makes a specified executive order regarding an airspace reservation applicable to lands added to the Wilderness under this Act. Authorizes appropriations.

Boundary Waters Canoe Area Wilderness Expansion, Protection, and Access Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Care Tax Credit Act''. SEC. 2. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45O. EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of a qualified small employer, the employee health insurance expenses credit determined under this section is an amount equal to the applicable percentage of the amount paid by the taxpayer during the taxable year for qualified employee health insurance expenses. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is-- ``(1) 50 percent in the case of an employer with less than 10 qualified employees, ``(2) 25 percent in the case of an employer with more than 9 but less than 25 qualified employees, and ``(3) 20 percent in the case of an employer with more than 24 but less than 50 qualified employees. ``(c) Per Employee Dollar Limitation.--The amount of qualified employee health insurance expenses taken into account under subsection (a) with respect to any qualified employee for any taxable year shall not exceed-- ``(1) $4,000 for self-only coverage, and ``(2) $10,000 for family coverage. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified small employer.-- ``(A) In general.--The term `qualified small employer' means any small employer which-- ``(i) provides eligibility for health insurance coverage (after any waiting period (as defined in section 9801(b)(4))) to all qualified employees of the employer, and ``(ii) pays at least 50 percent of the cost of such coverage for each qualified employee. ``(B) Small employer.-- ``(i) In general.--For purposes of this paragraph, the term `small employer' means, with respect to any taxable year, any employer if-- ``(I) the average gross receipts of such employer for the preceding 3 taxable years does not exceed $5,000,000, and ``(II) such employer employed an average of more than 1 but less than 50 qualified employees on business days during the preceding taxable year. ``(ii) Aggregate gross assets.--For purposes of clause (i)(I), the term `aggregate gross assets' shall have meaning given such term by section 1202(d)(2). ``(iii) Employers not in existence in preceding year.--For purposes of clause (i)(II)-- ``(I) a preceding taxable year may be taken into account only if the employer was in existence throughout such year, and ``(II) in the case of an employer which was not in existence throughout the preceding taxable year, the determination of whether such employer is a qualified small employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current taxable year. ``(iv) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of this subparagraph. ``(v) Predecessors.--The Secretary may prescribe regulations which provide for references in this subparagraph to an employer to be treated as including references to predecessors of such employer. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(C) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9832(b)(1). ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means an employee of an employer who, with respect to any period, is not provided health insurance coverage under-- ``(i) a health plan of the employee's spouse, ``(ii) title XVIII, XIX, or XXI of the Social Security Act, ``(iii) chapter 17 of title 38, United States Code, ``(iv) chapter 55 of title 10, United States Code, ``(v) chapter 89 of title 5, United States Code, or ``(vi) any other provision of law. ``(B) Employee.--The term `employee'-- ``(i) means any individual, with respect to any calendar year, who is reasonably expected to receive not more than $50,000 of compensation from the employer during such year, ``(ii) does not include an employee within the meaning of section 401(c)(1), and ``(iii) includes a leased employee within the meaning of section 414(n). ``(C) Compensation.--The term `compensation' means amounts described in section 6051(a)(3). ``(D) Inflation adjustment.-- ``(i) In general.--In the case of a taxable year beginning after 2007, the $50,000 amount in subparagraph (B)(i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(4) No qualified employees excluded.--Subsection (a) shall not apply to an employer for any period unless at all times during such period health insurance coverage is available to all qualified employees of such employer under similar terms. ``(e) Portion of Credit Made Refundable.-- ``(1) In general.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under subsection (a) without regard to this subsection and the limitation under section 38(c), or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection) would increase if the limitation imposed by section 38(c) for any taxable year were increased by the amount of employer payroll taxes imposed on the taxpayer during the calendar year in which the taxable year begins. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of the credit otherwise allowable under subsection (a) without regard to section 38(c). ``(2) Employer payroll taxes.--For purposes of this subsection-- ``(A) In general.--The term `employer payroll taxes' means the taxes imposed by-- ``(i) section 3111(b), and ``(ii) sections 3211(a) and 3221(a) (determined at a rate equal to the rate under section 3111(b)). ``(B) Special rule.--A rule similar to the rule of section 24(d)(2)(C) shall apply for purposes of subparagraph (A). ``(f) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to qualified employee health insurance expenses taken into account under subsection (a).''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following: ``(32) the employee health insurance expenses credit determined under section 45O.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45O. Employee health insurance expenses.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2006.

Small Business Health Care Tax Credit Act - Amends the Internal Revenue Code to allow certain small business employers a partially refundable business tax credit for the health insurance costs of employees who are not otherwise covered by a spouse's insurance or by a federal health insurance program.

A bill to amend the Internal Revenue Code of 1986 to provide a refundable credit for small business employee health insurance expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraq Congressional Oversight Enhancement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On October 16, 2002, the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107- 243) was enacted into law. (2) On March 19, 2003, the President, pursuant to the authorities provided to the President by Public Law 107-243, committed United States Armed Forces to combat operations in Iraq. (3) On April 9, 2003, Saddam Hussein's Ba'athist regime fell to Coalition Forces. (4) On April 16, 2003, the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11) was enacted into law, which included $2,500,000,000 for the relief and reconstruction of Iraq. (5) On May 12, 2003, the Coalition Provisional Authority (CPA) subsumed the Organization for Reconstruction and Humanitarian Assistance (ORHA), and citing United Nations Security Council Resolution 1483 (2003) and the laws of war, vested itself with executive, legislative, and judicial authority over the Iraqi government until such time as the Iraqi government gained its sovereignty. (6) On November 6, 2003, the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106) was enacted into law, which included an additional $18,400,000,000 for the relief and reconstruction of Iraq. (7) On June 28, 2004, the new Iraqi government gained its sovereignty. (8) On January 30, 2005, the Iraqi people successfully elected their first interim National Assembly. (9) On March 16, 2005, the 275-member interim Iraqi National Assembly convened to appoint an interim national government and to begin the drafting of a constitution. (10) On September 18, 2005, the interim Iraqi National Assembly completed negotiations on the draft constitution. (11) On October 15, 2005, the Iraqi people approved the draft constitution by a national referendum. (12) On November 30, 2005, the President, through the National Security Council, issued the National Strategy for Victory in Iraq. (13) On December 15, 2005, the people of Iraq voted to elect the first permanent National Assembly in accordance with the Constitution of the Republic of Iraq. (14) On March 16, 2006, the newly-elected National Assembly convened for their first session. (15) On May 20, 2006, the Iraqi Prime Minister-designee named a cabinet, except for the posts of Minister of Defense and Minister of Interior, and the Prime Minister-designee and the cabinet received a vote of confidence from the National Assembly. (16) On June 7, 2006, Iraq's National Assembly approved the individuals that the Iraqi Prime Minister nominated for Minister of Defense, Minister of Interior, and National Security Advisor, completing the formation of Iraq's first permanent democratic government. SEC. 3. STATEMENTS OF POLICY. Congress makes the following statements of policy: (1) Congress remains supportive of and inspired by the service and sacrifice made by and dedication and commitment to a democratic, stable, and prosperous Iraq displayed by members of the United States Armed Forces and civilian personnel in Iraq and by personnel serving world-wide in support of Operation Iraqi Freedom. (2) Congress remains supportive of and inspired by the service and sacrifice made by and dedication and commitment to a democratic, stable, and prosperous Iraq displayed by the military and civilian personnel of Coalition countries serving in support of Operation Iraqi Freedom, and Iraqi patriots working toward a better future for their country and the children of Iraq. (3) Congress recognizes the complex and interdependent nature of the challenges associated with the political, security, infrastructure, and economic development of and governance capacity building at and between the national, national capital city, regional, provincial, provincial capital city, and strategic municipal levels of government within Iraq. (4) Congress recognizes the achievements to date made by the United States Armed Forces, Coalition Forces, Iraqi Security Forces, and civilian personnel toward the political, security, infrastructure, and economic development of Iraq. (5) Congress recognizes the issuance of the President's National Strategy for Victory in Iraq on November 30, 2005. (6) Congress supports the formation of a democratic, pluralistic, federal, and united Government of Iraq. (7) Congress urges elected Iraqis to maintain their commitment to and preserve a national unity government. (8) Congress remains deeply concerned about insurgent attacks and threats against United States Armed Forces, Coalition Forces, Iraqi Security Forces, and civilians in Iraq. (9) Congress is concerned about the increase of ethnic and sectarian violence in Iraq following the February 22, 2006, bombing of the Askariya mosque in Samarra, Iraq, and about continued ethnic and sectarian tensions across Iraq and within its cities. (10) Congress is concerned about the increasing power that unauthorized politically-aligned militias wield in Iraq, their destabilizing effect on security in Iraq, and the challenges they present to the development of professional Iraqi Security Forces. (11) Congress urges the Government of Iraq to continue to pursue policies to promote the development of-- (A) a market-based economy in Iraq that increases private-sector employment opportunities for Iraqi workers; (B) private-sector investment opportunities for domestic and international investors; and (C) a government budget process that reflects an appropriate level of investment in the development of and the continued operations and maintenance for Iraq's national infrastructure. (12) Congress notes that the National Strategy for Victory in Iraq is not specific regarding vital measures or other benchmarks in Iraq's political, security, infrastructure, and economic development that need to be met to signal to Congress and the American people that victory in Iraq has been achieved and the majority of United States Armed Forces currently deployed in Operation Iraqi Freedom can be redeployed to their peacetime duty stations. (13) Congress notes the findings of the reports pursuant to the section entitled ``Measuring Stability and Security in Iraq'' of House Conference Report 109-72 accompanying H.R. 1268, Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13), submitted by the Secretary of Defense (in consultation with other appropriate members of the National Security Council) to the Speaker of the House of Representatives, the Majority Leader of the Senate, and the congressional defense committees that identifies security, economic, and Iraqi Security Force training performance standards and goals, accompanied by a notional timetable for achieving these goals. (14) Congress notes the report submitted pursuant to the United States Policy in Iraq Act (section 1227 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109- 163); 119 Stat. 3465-3467), and the current military mission and the diplomatic, political, economic, and military measures that are being or have been undertaken to successfully complete or support that mission. (15) Congress reaffirms the findings of the section entitled ``Measuring Stability and Security in Iraq'' of House Conference Report 109-72 and of section 1227 of the National Defense Authorization Act for Fiscal Year 2006, and notes the advantages of consolidating various reports into a single report, from the President, that reflects the requirements of both laws referenced in paragraphs (13) and (14) and that includes the requirements of section 4 of this Act. (16) Congress is concerned that the reports submitted to Congress pursuant to the section entitled ``Measuring Stability and Security in Iraq'' of House Conference Report 109-72 and of section 1227 of the National Defense Authorization Act for Fiscal Year 2006, do not provide sufficient content, information, data, and analysis for Congress to comprehensively evaluate the mission in Iraq. (17) Congress urges that the reports transmitted pursuant to section 4 of this Act be organized and written to provide content, information, data, and analysis on the mission in Iraq as it pertains to the political, security, infrastructure, and economic development of and governance capacity building at and between the national, national capital city, regional, provincial, provincial capital city, and strategic municipal levels of government within Iraq. (18) It is the duty of Congress under Article I, Section 8 of the United States Constitution to ``raise and support Armies,'' and that by requiring the President to report to Congress on Operation Iraqi Freedom, Congress is better able to carry out this constitutional duty. SEC. 4. REPORT. (a) Report.--Not later than 90 days after the date of the enactment of this Act, the President shall, in accordance with, in support of, and to more clearly define the National Strategy for Victory in Iraq, transmit to Congress a report that-- (1) consolidates the requirements of the section entitled ``Measuring Stability and Security in Iraq'' of House Conference Report 109-72 accompanying H.R. 1268, Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13) and the United States Policy in Iraq Act (section 1227 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109- 163); 119 Stat. 3465-3467) by containing the information required to be submitted to Congress pursuant to the requirements of such provisions of law; (2) identifies the specific or vital measures or other benchmarks that define the terms of completion of and conditions for victory for Operation Iraqi Freedom and their correlation with the strategic objectives and lines of action outlined in the appendix of the National Strategy for Victory in Iraq; (3) describes the nature and substance of the programs implemented to achieve such strategic objectives and lines of action; and (4) analyzes using metrics the effectiveness of such programs toward achieving the specific vital measures or other benchmarks required to be identified by paragraph (2). (b) Update.-- (1) In general.--The President shall transmit to Congress an update of the report required by subsection (a) not less than once every 120 days after the date on which the President transmits the report required by such subsection until such time as Operation Iraqi Freedom has been completed. (2) Contents.--Each update of the report-- (A) may reflect adjustments to the specific or vital measures or other benchmarks identified pursuant to subsection (a)(2), or to the nature or substance of the programs described in subsection (a)(3), as realties, circumstances, and events in Iraq change or evolve; and (B) shall include detailed justifications as to why adjustments to such specific or vital measures or other benchmarks, or to the nature or substance of such programs, were made. (c) Additional Requirements.--The report required by subsection (a) and updates of the report required by subsection (b) shall be-- (1) organized and written to provide content, data, information, and analysis on the complex interdependent nature of the challenges associated with the political, security, infrastructure, and economic development of and governance capacity building at and between the national, national capital city, regional, provincial, provincial capital city, and strategic municipal levels of government within Iraq; and (2) accompanied by a comprehensive all-source intelligence analysis of Iraq that includes information by and from the national, national capital city, regional, provincial, provincial capital city, and strategic municipal levels of government within Iraq. (d) Form.--The report required by subsection (a) and updates of the report required by subsection (b) shall be transmitted in unclassified form but may contain a classified annex.

Iraq Congressional Oversight Enhancement Act - Directs the President to transmit periodically to Congress a consolidated, comprehensive report on the implementation of the National Strategy for Victory in Iraq.

To enhance congressional oversight by requiring the President to transmit periodically to Congress a consolidated, comprehensive report on the implementation of the National Strategy for Victory in Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Vaccine and Countermeasure Corps Development Act of 2006''. SEC. 2. VOLUNTEER VACCINE AND COUNTERMEASURE CORPS. (a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a Volunteer Vaccine and Countermeasures Corps (referred to in this section as the ``Corps'') to facilitate the distribution and provision of vaccines, or other biological, chemical, or nuclear countermeasures, to individuals under any influenza vaccination program, or other countermeasure distribution program established by the Secretary or a State or local entity. (b) Activation and Assignment of Members.-- (1) Activation.-- (A) Manner of activation.--The members of the Corps shall be activated in one of the following manners: (i) By the Secretary upon a declaration by the Secretary of a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d)related to an influenza outbreak (including a seasonal outbreak) or other public health emergency. (ii) By the declaration of a State. (iii) By the declaration of a qualified entity, as defined in subsection (g). (B) Non-emergency functions.--Activation of the Corps is not required for the Corps to carry out non- emergency functions, including training, recruitment and retention of volunteers, participation in State and local planning, or other activities determined appropriate by the Secretary. (C) Notification.--In order to facilitate cooperation between all levels of government in response to an emergency, when activated under this section in response to a Federal or State declaration, or by the qualifying entity, the qualifying entity shall notify-- (i) the Secretary; (ii) the governor or governors of the State or States in which the Corps shall be activated or deployed; and (iii) the local governments of the county or counties in which the Corps will reside or be deployed. (2) Membership through qualified entities.-- (A) In general.--A volunteer may apply for membership in the Corps through a qualified entity. (B) Requirements.--A qualified entity shall carry out education and training activities and maintain pertinent information as required under subsection (c)(2). (C) Use.--Upon completion of any training, certification, or other qualifying processes determined appropriate by the Secretary, members of the Corps may be used by qualified entities to carry out activities under a National, State, or local influenza vaccination program, or other countermeasure distribution program as determined appropriate by the Secretary. (3) Requests.--The Secretary or governor of a State may request assignment of members of the Corps from a State or territory to participate in a vaccination program or countermeasure distribution program of another State or territory. The Secretary shall enter into agreements with such States to accept licensure and certification from such other States for the purpose of carrying out activities under an influenza vaccination program. (c) Participation.-- (1) Eligibility.--An appropriately credentialed (licensed or certified) health professional, including a retired health professional, or other individual serving in an auxiliary or support capacity, including retired military personnel, police, emergency medical service personnel, or other volunteers as determined appropriate by the Secretary, shall be eligible to participate in the Corps under procedures established by the Secretary and after successfully completing an approved training course developed by the Secretary. Nothing in this paragraph shall be construed to preclude an entity from receiving financial, legal, and other technical assistance from a volunteer that is not certified as a Corps member. (2) Database.--The Secretary, in cooperation and consultation with States and qualifying entities, shall establish guidelines for the collection and maintenance of data relating to Corps members by qualifying entities. Such database shall-- (A) with respect to each Corps member, include contact information, appropriate licensure or certification information, and other information the Secretary determines necessary to perform the activities of the Corps; (B) be accessible to qualifying entities, States, the Secretary, or other entities determined appropriate by the Secretary, for use in the performance of duties of the Corps; and (C) be interoperable with the Emergency System for the Advance Registration of Volunteer Health Professionals, the National Disaster Medical System, the Medical Reserve Corps, and other databases determined appropriate by the Secretary. (3) National identification.--The Secretary, in cooperation and consultation with the States, shall develop a National Identification Card that describes the health-related licensure and certification information of Corps members, as well as other identifying information determined by the Secretary to facilitate the use of Corps members in States other than the State in which such members reside. Such identification and certification information shall be cross-referenced with the database established under paragraph (2), and shall be updated on a regular basis to ensure that the information in the database is as current as is practicable. (d) Grants.-- (1) In general.--The Secretary shall award grants to qualified entities for the following purposes: (A) To provide training through State and local health care facilities and networks to facilitate, execute, and maintain mechanisms for the distribution of vaccines and other biological countermeasures, including mass vaccination exercises designed to increase access to seasonal influenza vaccine by priority populations and encourage late-season vaccination with seasonal influenza vaccine. (B) To provide for the recruitment and retention of volunteers, including individuals to maintain and coordinate databases. (C) To carry out capacity building activities of the Corps, including the development of partnerships among the Corps, qualifying entities, and emergency response organizations, State and local governments, police departments, fire departments, emergency responders, nonprofit organizations, and private sector entities. (D) To carry out other training activities as determined appropriate by the Secretary. (e) Liability.--A member of the Corps, when performing his or her duties under an activation and assignment by the Secretary under subsection (b) upon a declaration by the Secretary of a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d) shall be deemed a Federal employee for liability purposes. In all other cases, Members of the Corps are subject to the laws of the State in which the activities of the Corps are undertaken. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $100,000,000 for fiscal year 2006, and such sums as may be necessary for each fiscal year thereafter. (g) Definition.--The term ``qualified entity'' includes State and local public health departments, Federally Qualified Health Centers, public and private hospitals, units of the Medical Reserve Corps, and other entities determined appropriate by the Secretary.

Volunteer Vaccine and Countermeasure Corps Development Act of 2006 - Requires the Secretary of Health and Human Services to establish a Volunteer Vaccine and Countermeasures Corps to facilitate the distribution and provision of vaccines or other countermeasures to individuals under an influenza vaccination program or a countermeasure distribution program established by the Secretary or a state or local entity. Directs that the members of the Corps shall be activated by the declaration of a public health emergency. Allows members of the Corps to be used by qualified entities to carry out activities under a national, state, or local influenza vaccination program or other countermeasure distribution program. Allows the Secretary or a state governor to request assignment of Corps members from a state or territory to participate in a vaccination program or countermeasure distribution program of another state or territory. Requires the Secretary to: (1) develop a National Identification Card that describes the health-related licensure and certification information of Corps members; and (2) award grants for Corps training, recruitment and retention, and capacity building activities. Deems a member of the Corps, when performing duties under an activation and assignment by the Secretary upon a declaration of a public health emergency, to be a federal employee for liability purposes.

A bill to provide for the establishment of a volunteer corps to aid in the dissemination and distribution of vaccines and other countermeasures during a public health emergency.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe Air Travel for Animals Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--ANIMAL WELFARE Sec. 101. Definition of transport. Sec. 102. Information on incidence of animals in air transport. Sec. 103. Reports by carriers on incidents involving animals during air transport. Sec. 104. Annual reports. TITLE II--TRANSPORTATION Sec. 201. Policies and procedures for transporting animals. Sec. 202. Civil penalties and compensation for loss, injury, or death of animals during air transport. Sec. 203. Cargo hold improvements to protect animal health and safety. SEC. 2. FINDINGS. Congress finds that-- (1) animals are live, sentient creatures, with the ability to feel pain and suffer; (2) it is inappropriate for animals transported by air to be treated as baggage; (3) according to the Air Transport Association, over 500,000 animals are transported by air each year and as many as 5,000 of those animals are lost, injured, or killed; (4) most injuries to animals traveling by airplane are due to mishandling by baggage personnel, severe temperature fluctuations, insufficient oxygen in cargo holds, or damage to kennels; (5) there are no Federal requirements that airlines report incidents of animal loss, injury, or death; (6) members of the public have no information to use in choosing an airline based on its record of safety with regard to transporting animals; (7) the last congressional action on animals transported by air was conducted over 22 years ago; and (8) the conditions of cargo holds of airplanes must be improved to protect the health, and ensure the safety, of transported animals. TITLE I--ANIMAL WELFARE SEC. 101. DEFINITION OF TRANSPORT. Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by adding at the end the following: ``(p) Transport.--The term `transport', when used with respect to the air transport of an animal by a carrier, means the transport of the animal during the period the animal is in the custody of the carrier, from check-in of the animal prior to departure until the animal is returned to the owner or guardian of the animal at the final destination of the animal.''. SEC. 102. INFORMATION ON INCIDENCE OF ANIMALS IN AIR TRANSPORT. Section 6 of the Animal Welfare Act (7 U.S.C. 2136) is amended-- (1) by striking ``Sec. 6. Every'' and inserting the following: ``SEC. 6. REGISTRATION. ``(a) In General.--Each''; and (2) by adding at the end the following: ``(b) Information on Incidence of Animals in Air Transport.--Not later than 2 years after the date of enactment of this subsection, the Secretary shall require each airline carrier to-- ``(1) submit to the Secretary real-time information (as the information becomes available, but at least 24 hours in advance of a departing flight) on each flight that will be carrying a live animal, including-- ``(A) the flight number; ``(B) the arrival and departure points of the flight; ``(C) the date and times of the flight; and ``(D) a description of the number and types of animals aboard the flight; and ``(2) ensure that the flight crew of an aircraft is notified of the number and types of animals, if any, on each flight of the crew.''. SEC. 103. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS DURING AIR TRANSPORT. Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is amended by adding at the end the following: ``(e) Reports by Carriers on Incidents Involving Animals During Air Transport.-- ``(1) In general.--An airline carrier that causes, or is otherwise involved in or associated with, an incident involving the loss, injury, death or mishandling of an animal during air transport shall submit a report to the Secretary of Agriculture and the Secretary of Transportation that provides a complete description of the incident. ``(2) Administration.--Not later than 90 days after the date of enactment of this subsection, the Secretary of Agriculture, in consultation with the Secretary of Transportation, shall issue regulations that specify-- ``(A) the type of information that shall be included in a report required under paragraph (1), including-- ``(i) the date and time of an incident; ``(ii) the location and environmental conditions of the incident site; ``(iii) the probable cause of the incident; and ``(iv) the remedial action of the carrier; and ``(B) a mechanism for notifying the public concerning the incident. ``(3) Consumer information.--The Secretary of Transportation shall include information received under paragraph (1) in the Air Travel Consumer Reports and other consumer publications of the Department of Transportation in a separate category of information. ``(4) Consumer complaints.--Not later than 15 days after receiving a consumer complaint concerning the loss, injury, death or mishandling of an animal during air transport, the Secretary of Transportation shall provide a description of the complaint to the Secretary of Agriculture.''. SEC. 104. ANNUAL REPORTS. Section 25 of the Animal Welfare Act (7 U.S.C. 2155) is amended in the first sentence-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) a summary of-- ``(A) incidents involving the loss, injury, or death of animals transported by airline carriers; and ``(B) consumer complaints regarding the incidents.''. TITLE II--TRANSPORTATION SEC. 201. POLICIES AND PROCEDURES FOR TRANSPORTING ANIMALS. (a) In General.--Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41716. Policies and procedures for transporting animals ``An air carrier shall establish and include in each contract of carriage under part 253 of title 14, Code of Federal Regulations (or any successor regulation) policies and procedures of the carrier for transporting animals safely, including-- ``(1) training requirements for airline personnel in the proper treatment of animals being transported; ``(2) information on the risks associated with air travel for animals; ``(3) a description of the conditions under which animals are transported; ``(4) the safety record of the carrier with respect to transporting animals; and ``(5) plans for handling animals prior to and after flight, and when there are flight delays or other circumstances that may affect the health or safety of an animal during transport.''. (b) Table of Contents.--The analysis for chapter 417 of title 49, United States Code, is amended by adding at the end of the items relating to subchapter I the following: ``41716. Policies and procedures for transporting animals.''. SEC. 202. CIVIL PENALTIES AND COMPENSATION FOR LOSS, INJURY, OR DEATH OF ANIMALS DURING AIR TRANSPORT. (a) In General.--Chapter 463 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 46317. Civil penalties and compensation for loss, injury, or death of animals during air transport ``(a) Definitions.--In this section: ``(1) Carrier.--The term `carrier' means a person (including any employee, contractor, or agent of the person) operating an aircraft for the transportation of passengers or property for compensation. ``(2) Transport.--The term `transport', when used with respect to the air transport of an animal by a carrier, means the transport of the animal during the period the animal is in the custody of a carrier, from check-in of the animal prior to departure until the animal is returned to the owner or guardian of the animal at the final destination of the animal. ``(b) Civil Penalties.-- ``(1) In general.--The Secretary may assess a civil penalty of not more than $5,000 for each violation on, or issue a cease and desist order against, any carrier that causes, or is otherwise involved in or associated with, the loss, injury, or death of an animal during air transport. ``(2) Cease and desist orders.--A carrier who knowingly fails to obey a cease and desist order issued by the Secretary under this subsection shall be subject to a civil penalty of $1,500 for each offense. ``(3) Separate offenses.--For purposes of determining the amount of a penalty imposed under this subsection, each violation and each day during which a violation continues shall be a separate offense. ``(4) Factors.--In determining whether to assess a civil penalty under this subsection and the amount of the civil penalty, the Secretary shall consider-- ``(A) the size and financial resources of the business of the carrier; ``(B) the gravity of the violation; ``(C) the good faith of the carrier; and ``(D) any history of previous violations by the carrier. ``(5) Collection of penalties.-- ``(A) In general.--On the failure of a carrier to pay a civil penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which the carrier is found or resides or transacts business, to collect the penalty. ``(B) Penalties.--The court shall have jurisdiction to hear and decide an action brought under subparagraph (A). ``(c) Compensation.--If an animal is lost, injured, or dies in transport by a carrier, unless the carrier proves that the carrier did not cause, and was not otherwise involved in or associated with, the loss, injury, or death of the animal, the owner of the animal shall be entitled to compensation from the carrier in an amount that-- ``(1) is not less than 2 times any limitation established by the carrier for loss or damage to baggage under part 254 of title 14, Code of Federal Regulations (or any successor regulation); and ``(2) includes all veterinary and other related costs that are documented and initiated not later than 1 year after the incident that caused the loss, injury, or death of the animal.''. (b) Table of Contents.--The analysis for chapter 463 of title 49, United States Code, is amended by adding at the end the following: ``46317. Civil penalties and compensation for loss, injury, or death of animals during air transport.''. SEC. 203. CARGO HOLD IMPROVEMENTS TO PROTECT ANIMAL HEALTH AND SAFETY. (a) In General.--To protect the health and safety of animals in transport, the Secretary of Transportation shall-- (1) in conjunction with requiring certain transport category airplanes used in passenger service to replace class D cargo or baggage compartments with class C cargo or baggage compartments under parts 25, 121, and 135 of title 14, Code of Federal Regulations, to install, to the maximum extent practicable, systems that permit positive airflow and heating and cooling for animals that are present in cargo or baggage compartments; and (2) effective beginning January 1, 2001, prohibit the transport of an animal by any carrier in a cargo or baggage compartment that fails to include a system described in paragraph (1). (b) Report.--Not later than March 31, 2002, the Secretary shall submit a report to Congress that describes actions that have been taken to carry out subsection (a).

TABLE OF CONTENTS: Title I: Animal Welfare Title II: Transportation Safe Air Travel for Animals Act - Title I: Animal Welfare - Amends the Animal Welfare Act to define "transport" with respect to air carrier transport of animals. Requires airlines to report to: (1) the Secretary of Agriculture in advance of any flight that will be carrying a live animal; and (2) the Secretary of Agriculture and the Secretary of Transportation concerning injury, loss, death, or mistreatment of a carried animal. Requires the Secretary of Transportation to: (1) make such information available to the public; and (2) forward animal-injury consumer complaints to the Secretary of Agriculture. Requires the Secretary of Agriculture to include animal-injury information in the annual report on animal transportation. Title II: Transportation - Amends Federal law to require airlines to include in their contract of carriage policies and procedures for animal transportation safety. Amends Federal law to provide civil penalties and compensation for animal loss, injury, or death during air transport. Directs the Secretary of Transportation to provide for animal safety cargo hold improvements.

Safe Air Travel for Animals Act

SECTION 1. EXTENSION AND EXPANSION OF TANF SUPPLEMENTAL GRANTS. (a) In General.--Section 403(a)(3) of the Social Security Act (42 U.S.C. 603(a)(3)) is amended to read as follows: ``(3) Supplemental grant for certain states.-- ``(A) In general.--Each qualifying State shall, subject to subparagraphs (B) and (F), be entitled to receive from the Secretary for each of fiscal years 2009 and 2010 the following: ``(i) Qualifying states that received a supplemental grant for fiscal year 2008 and have below average tanf resources per child.-- In the case of a qualifying State that is described in clauses (i) and (ii) of subparagraph (C), an amount equal to the sum of-- ``(I) the total amount required to be paid to the State under this paragraph (as in effect on October 1, 2007) for fiscal year 2008; and ``(II) the lesser of-- ``(aa) the amount equal to 2.5 percent of the total amount required to be paid to the State under paragraph (1) for the fiscal year, and ``(bb) $2,500,000. ``(ii) Qualifying states that did not receive a supplemental grant for fiscal year 2009 and have below average tanf resources per child.--In the case of a qualifying State that is only described in clause (ii) of subparagraph (C), an amount equal to the lesser of-- ``(I) the amount equal to 10 percent of the total amount required to be paid to the State under paragraph (1) for the fiscal year, and ``(II) $10,000,000. ``(iii) Other qualifying states.--In the case of a qualifying State that is only described in clause (i) of subparagraph (C), the total amount required to be paid to the State under this paragraph (as in effect on October 1, 2007) for fiscal year 2008. ``(B) Limitation.--The amount to be paid to a State under clause (i)(II) or (ii) of subparagraph (A) for any fiscal year shall be reduced (but not below zero) by the amount that is equal to the excess, if any, of-- ``(i) the product obtained by multiplying-- ``(I) the level of welfare spending per poor child by the State (calculated without regard to any reduction made under this subparagraph) for such fiscal year; by ``(II) the number of children under the age of 18, according to the 2006 American Community Survey, who were residents of the State and who were members of families whose income was below the poverty line; over ``(ii) the product obtained by multiplying-- ``(I) the national average level of State welfare spending per poor child for such fiscal year; by ``(II) the number of children under the age of 18, according to the 2006 American Community Survey, who were residents of the State and who were members of families whose income was below the poverty line. ``(C) Qualifying state.--For purposes of this paragraph, a State is a qualifying State for a fiscal year if-- ``(i) the State was entitled to receive a grant under this paragraph (as in effect on October 1, 2007) for fiscal year 2008; or ``(ii) the level of welfare spending per poor child by the State for fiscal year 2008 is less than the national average level of State welfare spending per poor child for such fiscal year. ``(D) Definitions.--In this paragraph: ``(i) Level of welfare spending per poor child.--The term `level of welfare spending per poor child' means, with respect to a State and a fiscal year-- ``(I) the sum of-- ``(aa) the total amount required to be paid to the State under paragraph (1) for such fiscal year; ``(bb) the total amount required to be paid to the State, if any, under this paragraph (as in effect on October 1, 2007) for such fiscal year; and ``(cc) 80 percent of the historic State expenditures (as defined in section 409(a)(7)(B)(iii)); divided by ``(II) the number of children under the age of 18, according to the 2006 American Community Survey, who were residents of the State and who were members of families whose income was below the poverty line. ``(ii) National average level of state welfare spending per poor child.--The term `national average level of State welfare spending per poor child' means, with respect to a fiscal year, an amount equal to-- ``(I) the sum of-- ``(aa) the total amount required to be paid to the States under paragraph (1) for such fiscal year; ``(bb) the total amount required to be paid to the States under this paragraph for such fiscal year; and ``(cc) the aggregate amount for all States of 80 percent of the historic State expenditures (as defined in section 409(a)(7)(B)(iii)) for each State; divided by ``(II) the number of children under the age of 18, according to the 2006 American Community Survey, who were residents of any State and who were members of families whose income was below the poverty line. ``(iii) State.--The term `State' means each of the 50 States of the United States and the District of Columbia. ``(E) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for each of fiscal years 2009 and 2010 such sums as are necessary for grants under this paragraph, in a total amount not to exceed $470,000,000 for each such fiscal year. ``(F) Grants reduced pro rata if insufficient appropriations.--If the amount appropriated pursuant to subparagraph (E) for a fiscal year is less than the total amount of payments otherwise required to be made under this paragraph for the fiscal year, then the amount otherwise payable to any State for the fiscal year under this paragraph shall be reduced by a percentage equal to the amount so appropriated divided by such total amount.''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2008.

Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to change the TANF supplemental grant for population increases in certain states into simply a supplemental grant for certain states, for FY2009 and FY2010, including both qualifying states that received and qualifying states that did not receive a supplemental grant for FY2008, if their TANF resources are below average.

A bill to amend part A of title IV of the Social Security Act to extend and expand the number of States qualifying for supplemental grants under the Temporary Assistance for Needy Families program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Young Investor Financial Education Act''. SEC. 2. FINANCIAL EDUCATION GRANTS AND SUBGRANTS. (a) Grants to State Educational Agencies.--From the sums allocated under section 4, the Secretary of Education shall award grants to State educational agencies to support the provision of financial education in high schools in accordance with sections 3 and 5. (b) Subgrants to Local Educational Agencies.--From any of the grant funds awarded under subsection (a), a State educational agency may award a subgrant to a local educational agency to support the provision of financial education in high schools in accordance with sections 3 and 5. SEC. 3. APPLICATION. (a) In General.--To qualify to receive a grant under section 2(a), a State educational agency shall submit an application to the Secretary at such time and in such manner as the Secretary may require, and containing the information described in subsection (b). (b) Contents.--The application required by subsection (a) shall include a description of the financial education program that will be developed and implemented with the grant or subgrant funds received under this Act, including-- (1) the classes and topics covered in the program; (2) certification that not later than the next school year after the receipt of the grant, financial education will be available in high schools under the jurisdiction of such State educational agency; and (3) any other information that the Secretary may require. SEC. 4. RESERVATION AND FORMULA. (a) Outlying Areas.--From the sums appropriated under section 8 for each fiscal year, the Secretary shall reserve not more than 0.5 percent of such sums for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this Act, as determined by the Secretary. (b) States.-- (1) Formula.--From the sums appropriated under section 8 for each fiscal year and not reserved under subsection (a) of this section or section 7, the Secretary shall allot, and make available in accordance with this Act, to each State educational agency in a State with an approved application an amount that bears the same ratio to such sums as the number of individuals aged 14 through 17 in the State to the total number of individuals aged 14 through 17 in all States, except that no State educational agency shall receive less than an amount equal to one-half of 1 percent of such sums. (2) Reallotment of unused funds.--If a State educational agency does not submit an application or the Secretary does not approve a State educational agency's application, the Secretary shall reallot any portion of the State educational agency's allotment under paragraph (1) to the remaining State educational agencies in accordance with paragraph (1). SEC. 5. USES OF FUNDS. A State educational agency or local educational agency that receives a grant or subgrant under this Act shall use the grant or subgrant funds-- (1) to develop or to purchase financial education materials; (2) to train teachers in financial education course work, such as responsible money management, credit card use, saving, investing, and financial planning; and (3) to pay for other incidental costs related to establishing financial education programs in high schools. SEC. 6. REPORTING. (a) State Educational Agencies.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, each State educational agency receiving a grant under this Act shall prepare and submit a report to the Secretary containing information on the financial education programs and activities carried out by the State educational agency, and the effectiveness of such programs and activities in improving the financial education of high school students. (b) Secretary.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the financial education programs and activities carried out under this Act, and the effectiveness of such programs and activities in improving the financial education of high school students. SEC. 7. CLEARINGHOUSE. From the sums appropriated under section 8 for each fiscal year, the Secretary shall reserve $2,000,000 of such sums to establish and maintain, through grant or by contract, a central clearinghouse of information that-- (1) provides information and technical assistance to State educational agencies and local educational agencies in developing content and curriculum materials for high school financial education; (2) maintains, coordinates, and disseminates information on effective financial education programs, including private and non-profit school-based financial education programs, that hold the potential for broad scale implementation and replication; and (3) publishes, on an annual basis, a list of State educational agencies or local educational agencies that are grant or subgrant recipients under this Act, and the amounts such State educational agencies or local educational agencies receive under this Act. SEC. 8. APPROPRIATIONS. There are authorized to be appropriated $100,000,000 to carry out this Act for each of the fiscal years 2010 through 2014. SEC. 9. DEFINITIONS. The following definitions apply to this Act: (1) Charter school.--The term ``charter school'' has the meaning given such term in section 5210 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i); (2) Financial education.--The term ``financial education'' means course work for high school students that is aligned with State academic standards and promotes financial literacy, such as responsible money management, credit card use, saving, investing, and financial planning; (3) High school.--The term ``high school'' means a nonprofit institutional day or residential school, including a charter school, providing grade 9 through grade 12 education, as determined under State law. (4) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Outlying area.--The term ``outlying area'' means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and, until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective after the date of enactment of this Act, includes the Republic of Palau. (6) Secretary.--The term ``Secretary'' means Secretary of Education. (7) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (8) State educational agency.--The term ``State educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

Young Investor Financial Education Act - Directs the Secretary of Education to award grants to states and, through them, subgrants to local educational agencies to establish financial education programs in high schools and train teachers in such course work. Allots funds to states based on their share of the country's 14 through 17 year olds, but requires each state grantee to receive at least one-half of 1% of the allotted funds. Directs the Secretary to create and maintain a central clearinghouse of information on high school financial education programs.

To award grants to State educational agencies to support the provision of financial education to high school students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Municipal Market Liquidity Enhancement Act of 2009''. SEC. 2. FEDERAL RESERVE LENDING AUTHORITY FOR CERTAIN SECURITIES PURCHASES. Section 13 of the Federal Reserve Act (12 U.S.C. 342) is amended by adding at the end the following new paragraph: ``(15) Lending authority for certain securities purchases.-- ``(A) In general.--In unusual and exigent circumstances, the Board, by the affirmative vote of not less than five members, and subject to such limitations, restrictions, and regulations as the Board may prescribe, may authorize any Federal reserve bank to make advances to a special purpose vehicle or a designated corporate entity on the promissory notes of such special purpose vehicle or designated corporate entity secured to the satisfaction of such Federal reserve bank by the securities described in subparagraph (B) or by other forms of security. ``(B) Restrictions on use of advances.--Such advances authorized by this paragraph shall-- ``(i) be used solely to finance the purchase by such special purpose vehicle or designated corporate entity of---- ``(I) variable rate demand obligations issued prior to the date of the enactment of this paragraph by a municipal securities issuer, ``(II) variable rate demand obligations issued to refund variable rate demand obligations issued prior to the date of the enactment of this paragraph, ``(III) variable rate demand obligations issued to refinance auction rate securities, or ``(IV) short-term notes used for cash-management and other short-term borrowing needs, as determined by the Board, issued by a municipal securities issuer, where such purchase is made under an agreement between the special purpose vehicle or designated corporate entity and the obligation or note issuer whereby the special purpose vehicle or designated corporate entity agrees to purchase obligations or notes that are made publicly available for purchase, but are not otherwise purchased; and ``(ii) bear interest at rates fixed from time to time by the Federal reserve bank, subject to the review and determination of the Board. ``(C) Cooperation not prohibited.--Nothing shall prohibit a Federal reserve bank from cooperating with the Department of the Treasury or other Government agency or department in making such advances authorized by this paragraph. ``(D) Not to be construed as a limitation.--Nothing in this paragraph shall be construed to limit the authority of the Federal reserve banks or the Board under other paragraphs of this section. ``(E) Municipal security issuer defined.--For purposes of this paragraph, the term `municipal security issuer' means any entity that has the ability to issue a bond treated as a `State or local bond' (as such term is defined in section 103(c) of the Internal Revenue Code of 1986 and the regulations issued thereunder).''. SEC. 3. AUTHORITY UNDER THE EMERGENCY ECONOMIC STABILIZATION ACT OF 2008. Section 101 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211) is amended by adding at the end the following new subsection: ``(f) Clarification of Authority Regarding Municipal Securities.-- ``(1) Clarification.--The authority of the Secretary to take any action under this title includes the authority to provide credit enhancement in connection with municipal securities whose purchase is financed under any facility designed to enhance liquidity in the municipal market that is provided by the Board or any Federal reserve bank. ``(2) Waiver of certain provisions.--In connection with providing any credit enhancement described in paragraph (1)-- ``(A) the Secretary shall not be required to apply the provisions of section 102; and ``(B) the Secretary shall not be required to consider the total dollar amount of securities subject to such credit enhancements as outstanding for purposes of authorization to purchase limitations under section 115. ``(3) Definition.--For purposes of this subsection, the term `municipal security' means any bond treated as a `State or local bond' (as such term is defined in section 103(c) of the Internal Revenue Code of 1986 and the regulations issued thereunder).''. SEC. 4. CERTAIN FEDERAL RESERVE LENDING AUTHORITY NOT TREATED AS FEDERAL GUARANTEE UNDER TAX EXEMPT BOND REQUIREMENTS. Subparagraph (A) of section 149(b)(3) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, or'', and by adding at the end the following new clause: ``(iv) any advances made by a Federal reserve bank pursuant to section 13(15) of the Federal Reserve Act (12 U.S.C. 342(15)).''.

Municipal Market Liquidity Enhancement Act of 2009 - Amends the Federal Reserve Act to authorize the Federal Reserve Board, in unusual and exigent circumstances, by an affirmative vote of at least five members, to authorize any federal reserve bank to make advances to a special purpose vehicle or a designated corporate entity on the vehicle's or corporate entity's promissory notes that are secured to the bank's satisfaction by securities specified in this Act or by other forms of security. Restricts the use of such advances solely to financing the purchase by such a special purpose vehicle or designated corporate entity of variable rate demand obligations issued: (1) before enactment of this Act by a municipal securities issuer with the ability to issue a bond treated as a tax-exempt "state or local bond" under the Internal Revenue Code; (2) to refund variable rate demand obligations issued before enactment of this Act; or (3) to refinance auction rate securities. Allows the use of such advances also, in the alternative, to purchase short-term notes used for cash-management and other short-term borrowing needs issued by a municipal securities issuer. Requires any such purchase to be made under an agreement between the special purpose vehicle or designated corporate entity and the obligation or note issuer whereby the vehicle or corporate entity agrees to purchase obligations or notes that are made publicly available for purchase but are not otherwise purchased. Requires such advances also to bear interest at rates fixed from time to time by the federal reserve bank, subject to the review and determination of the Board. Amends the Emergency Economic Stabilization Act of 2008 (EESA) to state that the authority of the Secretary of the Treasury to take any action under such Act includes the authority to provide enhancement in connection with municipal securities whose purchase is financed under any facility designed to enhance the liquidity in the municipal market that is provided by the Board or any federal reserve bank. Amends the Internal Revenue Code to declare that any advances made by a federal reserve bank under this Act shall not be treated as a federal guarantee subject to federal tax (thus making them tax exempt).

To amend the Federal Reserve Act to provide for lending authority for certain securities purchases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Peace Tax Fund Act''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds that for a significant minority of Americans sincere conscientious objection to participation in war in any form means that such Americans cannot in conscience pay the portion of their taxes that would support military expenditures. (b) Policy.--It is the policy of the Congress-- (1) to improve revenue collections and to allow conscientious objectors to pay their full tax liability without violating their moral, ethical, or religious beliefs; (2) to reduce the present administrative and judicial burden created by conscientious objectors who violate tax laws rather than violate their consciences; (3) to recognize conscientious objector status with regard to the payment of taxes for military purposes; and (4) to provide a mechanism for congressional appropriations of such funds for nonmilitary purposes. SEC. 3. UNITED STATES PEACE TAX FUND. (a) Creation of Trust Fund.--There is hereby established within the Treasury of the United States a special trust fund to be known as the ``United States Peace Tax Fund'' (hereinafter referred to as the ``Fund''). The Fund shall consist of such amounts as may be transferred to the Fund as provided in this section. (b) Transfer to Fund of Amounts Equivalent to Certain Taxes.-- (1) In general.--There are hereby transferred to the Fund amounts equivalent to the sum of the amounts designated during the fiscal year by individuals under sections 2210, 2506, and 6099 of the Internal Revenue Code of 1986 for payment into the Fund. Such amounts shall be deposited into the Fund and shall be available only for the purposes provided in this Act. (2) Method of transfer.--The amounts transferred by paragraph (1) shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates by the Secretary of the Treasury of the amounts, referred to in paragraph (1), received in the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent that prior estimates were in excess of or less than the amounts required to be transferred. (3) Report.--The Secretary of the Treasury shall report to the Committees on Appropriations of the House of Representatives and the Senate each year on the total amount transferred into the Fund during the preceding fiscal year. Such report shall be printed in the Congressional Record upon receipt by the committees. SEC. 4. INCOME TAX PAYMENTS TO UNITED STATES PEACE TAX FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS FOR TRANSFER TO UNITED STATES PEACE TAX FUND ``Sec. 6099. Designation by individuals. ``SEC. 6099. DESIGNATION BY INDIVIDUALS. ``(a) In General.--Every eligible individual (other than a nonresident alien) whose income tax liability for any taxable year is $1 or more may designate that such individual's income tax payment for such year shall be paid into the United States Peace Tax Fund established by section 3 of the United States Peace Tax Fund Act. ``(b) Definitions.--For purposes of this section-- ``(1) Eligible individual.-- ``(A) In general.--The term `eligible individual' means an individual who by reason of religious training and belief is conscientiously opposed to participation in war in any form, and who-- ``(i) has been exempted or discharged from combatant training and service in the Armed Forces of the United States as a conscientious objector under section 6(j) of the Military Selective Service Act (50 U.S.C. App. 456(j)), or corresponding law, or ``(ii) certified in a statement in a questionnaire return made under section 6039F that such individual is conscientiously opposed to participation in war in any form within the meaning of section 6(j) of such Act. ``(B) Verification.-- ``(i) Questionnaire return receipt.--Any taxpayer who makes a designation under subsection (a) shall attach the questionnaire return receipt provided under section 6039F(b) to such taxpayer's return of tax. ``(ii) Additional information may be required.--The Secretary may require any taxpayer who makes a designation under subsection (a) to provide such additional information as may be necessary to verify such taxpayer's status as an eligible individual. ``(C) Denial of designation.--If the Secretary determines that a taxpayer who makes the designation provided for by subsection (a) is not an eligible individual and is not entitled to make such designation, then the Secretary, upon written notice to the taxpayer stating the reasons for denial, may deny the designation. The taxpayer may challenge the Secretary's ruling by bringing an action in the United States Tax Court, or in the United States district court for the district of such taxpayer's residence, for a declaratory judgment as to whether the taxpayer is an eligible individual and entitled to make such a designation. ``(2) Income tax liability.--The term `income tax liability' means the amount of the tax imposed by chapter 1 on a taxpayer for any taxable year (as shown on such taxpayer's tax return) reduced by the sum of-- ``(A) the credits (as shown in such return) allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof), and ``(B) the amount designated under section 6096. ``(3) Income tax payment.--The term `income tax payment' means the amount of taxes imposed by chapter 1 and paid by or withheld from a taxpayer for any taxable year not in excess of such taxpayer's income tax liability. ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year either-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time described in paragraph (1), such designation shall be made on the page bearing the taxpayer's signature. ``(d) Special Rule in the Case of Joint Return.--In the case of an eligible individual filing a joint return, upon the consent of such individual's spouse, the joint income tax payment may be designated pursuant to subsection (a). ``(e) Explanation of United States Peace Tax Fund Purposes.--Each publication of general instructions accompanying an income tax return or a questionnaire return described in section 6039F shall include-- ``(1) an explanation of the purpose of the United States Peace Tax Fund, ``(2) the criteria for determining whether an individual meets the requirements of section 6(j) of the Military Selective Service Act (50 U.S.C. App. 456(j)), and ``(3) an explanation of the process for making the designation provided by this section.''. (b) Clerical Amendments.--The table of parts of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX--Designation of income tax payments for transfer to United States Peace Tax Fund.''. (c) Designation Information.-- (1) Subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new section: ``SEC. 6039F. UNITED STATES PEACE TAX FUND DESIGNATION INFORMATION. ``(a) Questionnaire Return.--Every taxpayer who makes a designation described in section 6099(a) for any taxable year shall make a questionnaire return during such year as described in this section. The questionnaire return shall request the taxpayer to certify such taxpayer's beliefs about participation in war, the source or genesis of such beliefs, and how the beliefs affect the taxpayer's life. ``(b) Questionnaire Return Receipt.--Upon receipt of a questionnaire return that is timely filed, the Secretary shall issue a receipt to the taxpayer indicating timely filing of such return.''. (2) The table of sections for such subpart is amended by adding at the end the following new item: ``Sec. 6039F. United States Peace Tax Fund designation information.''. (d) Effective Date.--The amendments made by this section shall apply with respect to-- (1) taxable years beginning after December 31, 1996, and (2) any taxable year ending before January 1, 1997, for which the time for filing a claim for refund or credit of an overpayment of tax has not expired on the date of the enactment of this Act. (e) Rules Applicable to Returns of Tax for Taxable Years Ending Before Date of Enactment.-- (1) Penalties for failure to pay tax.--Notwithstanding any other law, any person's failure or refusal, before the date of the enactment of this Act, to pay all or a part of the tax imposed by chapter 1 of the Internal Revenue Code of 1986 shall not be a violation of Federal law if the person-- (A) pays the tax due (with interest), and (B) establishes to the satisfaction of the Secretary of the Treasury that the failure or refusal to pay was based upon such person's conscientious objection to participation in war in any form within the meaning of section 6099(b)(1)(A) of such Code (defining eligible individual). (2) Disposition of amounts collected.--There are hereby transferred to the Fund amounts equivalent to the sum of the amounts paid into the Treasury by persons under the provisions of paragraph (1). Such amounts shall be deposited into the Fund and shall be available only for the purposes provided in this Act. SEC. 5. ESTATE TAX PAYMENTS TO UNITED STATES PEACE TAX FUND. (a) In General.--Subchapter C of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 2210. DESIGNATION OF ESTATE TAX PAYMENTS FOR TRANSFER TO UNITED STATES PEACE TAX FUND. ``An eligible individual (within the meaning of section 6099(b)(1)) may elect that the tax imposed by section 2001 on the taxable estate of such individual shall be transferred when paid to the United States Peace Tax Fund established by section 3 of the United States Peace Tax Fund Act. The election may be made by the executor or administrator of the estate under written authority of the decedent. Such election shall be made in such manner as the Secretary shall by regulations prescribe.''. (b) Clerical Amendment.--The table of sections for subchapter C of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 2210. Designation of estate tax payments for transfer to United States Peace Tax Fund.''. (c) Effective Date.--The amendments made by this section shall apply with respect to the estates of decedents dying after December 31, 1996. SEC. 6. GIFT TAX PAYMENTS TO UNITED STATES PEACE TAX FUND. (a) In General.--Subchapter A of chapter 12 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 2506. DESIGNATION OF GIFT TAX PAYMENTS FOR TRANSFER TO UNITED STATES PEACE TAX FUND. ``Any eligible individual (within the meaning of section 6099(b)(1)) may elect that the tax imposed by section 2501 shall be transferred when paid to the United States Peace Tax Fund established by section 3 of the United States Peace Tax Fund Act. The election shall be made in such manner as the Secretary shall by regulations prescribe.''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 12 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 2506. Designation of gift tax payments for transfer to United States Peace Tax Fund.''. (c) Effective Date.--The amendments made by this section shall apply with respect to gifts made after December 31, 1996. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Certification by Comptroller General.--As soon after the close of each fiscal year as may be practicable, the Comptroller General shall determine and certify to the Congress and to the President the percentage of actual appropriations made for a military purpose with respect to such fiscal year. The certification shall be published in the Congressional Record upon receipt by the Congress. (b) Authorization of Appropriations.--There is hereby authorized to be appropriated for each fiscal year a certain portion of the Fund for obligation and expenditure in accordance with the provisions of this Act. Such portion is equal to an amount which is the sum of-- (1) the product of-- (A) all funds transferred to the Fund in the previous fiscal year, times (B) the percentage determined under subsection (a) for such previous fiscal year, plus (2) all funds in the Fund previously authorized to be appropriated under this subsection but not yet appropriated pursuant to this Act. Funds remaining in the Fund shall accrue interest according to the prevailing rate in long-term Government bonds. (c) Surplus Covered Into General Fund.--For each fiscal year, the portion of the Fund which is attributable to funds transferred to the Fund in the previous fiscal year and which is not authorized to be appropriated under subsection (b) is hereby covered into the general fund of the Treasury of the United States. No part of the funds transferred to the general fund under this subsection shall be appropriated for any expenditures, or otherwise obligated, for a military purpose. SEC. 8. ELIGIBLE APPROPRIATIONS. (a) Payments.--Funds appropriated pursuant to the authorization under section 7(b) shall be available, subject to appropriation, to make grants, loans, or other arrangements for eligible activities described in subsection (b). (b) Eligible Activities.--The following activities are eligible to receive funds under subsection (a): (1) Special Supplemental Food Program for Women, Infants and Children (WIC). (2) Head Start. (c) Displacement of Other Funds.--It is the intent of this Act that the Fund shall not operate to release funds for military expenditures which, were it not for the existence of the Fund, would otherwise have been appropriated for nonmilitary expenditures. SEC. 9. DEFINITIONS. For the purposes of this Act-- (1) The term ``military purpose'' means any activity or program which any agency of the Government conducts, administers, or sponsors and which effects an augmentation of military forces or of defensive and offensive intelligence activities, or enhances the capability of any person or nation to wage war. (2) The term ``actual appropriations made for a military purpose'' includes, but is not limited to, amounts appropriated by the United States in connection with-- (A) the Department of Defense; (B) the Central Intelligence Agency; (C) the National Security Council; (D) the Selective Service System; (E) activities of the Department of Energy that have a military purpose; (F) activities of the National Aeronautics and Space Administration that have a military purpose; (G) foreign military aid; and (H) the training, supplying, or maintaining of military personnel, or the manufacture, construction, maintenance, or development of military weapons, installations, or strategies. (3) The term ``agency'' means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include-- (A) the Congress; or (B) the courts of the United States. (4) The term ``person'' includes an individual, partnership, corporation, association, or public or private organization other than an agency. SEC. 10. SEPARABILITY. If any section, subsection, or other provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such section, subsection, or other provision to other persons or circumstances shall not be affected thereby.

United States Peace Tax Fund Act - Establishes the United States Peace Tax Fund to receive payments designated by qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record. Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining eligibility for such status. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to enactment of this Act if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs. Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record. Authorizes a portion of the Fund (corresponding to amounts expended for military purposes) to be appropriated each fiscal year for the Special Supplemental Food Program for Women, Infants and Children (WIC) and Head Start.

United States Peace Tax Fund Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Holocaust Accountability in Insurance Measure''. TITLE I--PROVISIONS APPLICABLE WITH RESPECT TO CERTAIN FOREIGN INSURANCE COMPANIES SEC. 101. PROHIBITION RELATING TO FAILURE TO DISCLOSE FINANCIAL TRANSACTION INFORMATION. (a) In General.--Any covered foreign insurance company (as such term is defined in section 104), or any subsidiary thereof, may not conduct any form of business in the United States, including participating, directly or indirectly, in any aspect of the payment system within the jurisdiction of the United States (including any clearing or electronic fund transfer system) or conducting any business with a United States bank, unless the company discloses to the Attorney General, in accordance with subsection (b), the name of any listed Holocaust victim (as such term is defined in section 104) with whom the company had any financial dealing. (b) Management of Disclosures by Department of Justice.--The Attorney General shall designate an office in the Department of Justice to which disclosures shall be made in accordance with subsection (a). Such office shall take such action as may be appropriate to make the disclosures available to the public. SEC. 102. SUBMISSION OF REQUESTS TO COVERED FOREIGN INSURANCE COMPANIES BY ATTORNEY GENERAL. (a) Obtaining Information Regarding Requests.--The Attorney General shall take any action necessary to obtain, from the International Commission on Holocaust Era Insurance Claims and covered foreign insurance companies, information regarding any outstanding requests (as such term is defined in section 104) that is necessary to carry out this section. (b) Notification of Victims.--The Attorney General shall notify, in writing, each listed Holocaust victim, or the heirs or beneficiaries of such victim, of-- (1) the requirement under subsection (a) to obtain information; (2) the requirement under subsection (c) to submit requests; and (3) the opportunity of such victim, or heirs or beneficiaries, under subsection (d) to request that the Attorney General not submit the request regarding such listed Holocaust victim. (c) Submission of Requests on Behalf of Beneficiaries.--Subject to subsection (d), as soon as practicable after receipt of information pursuant to subsection (a) regarding an outstanding request but not later than 60 days after such receipt, the Attorney General shall submit the request, on behalf of the maker of such outstanding request, to the covered foreign insurance company involved. (d) Opt-Out.--If, before the submission of an outstanding request pursuant to subsection (d), the Attorney General receives a written request from a listed Holocaust victim, or the heirs or beneficiaries of such victim, not to submit the outstanding request, the Attorney General shall not submit such request and shall notify the victim, or the heirs or beneficiaries, that the outstanding request was not submitted. (e) Prohibition Relating To Failure To Comply With Request.--If any covered foreign insurance company does not respond in a satisfactory manner to a request submitted to such company pursuant to subsection (b) before the expiration of the 60-day period beginning upon receipt of such request by such company, the Attorney General may issue an order prohibiting such covered foreign insurance company, and any subsidiary thereof, from conducting any form of business in the United States, including participating, directly or indirectly, in any aspect of the payment system within the jurisdiction of the United States (including any clearing or electronic fund transfer system) or conducting any business with a United States bank. The Attorney General shall vacate such order upon a satisfactory response by the company to such request. (f) Management of Outstanding Requests by Department of Justice.-- The Attorney General shall designate the same office designated under section 101(b) as the office in the Department of Justice responsible for collecting the information obtained pursuant to subsection (a) of this section and submitting requests pursuant to subsection (b) of this section. SEC. 103. AVAILABILITY OF CIVIL ACTIONS. (a) Federal Cause of Action.-- (1) In general.--There shall exist a Federal cause of action for any covered claim. (2) Statute of limitations.--Any action brought under paragraph (1) shall be filed not later than 20 years after the date on which the denial of the original request was made. (b) Subject Matter Jurisdiction.--The district courts shall have original jurisdiction of any civil action on a covered claim (whether brought under subsection (a) or otherwise). (c) Personal Jurisdiction.--Notwithstanding any provision of Rule 4 of the Federal Rules of Civil Procedure to the contrary, in a civil action on a covered claim (whether brought under subsection (a) or otherwise) commenced in a district where the defendant is not a resident-- (1) the court may exercise jurisdiction over such defendant on any basis not inconsistent with the Constitution of the United States; and (2) service of process, summons, and subpoena may be made on such defendant in any manner not inconsistent with the Constitution of the United States. (d) Definitions.--For purposes of this section: (1) The term ``covered claim'' means a claim against a covered foreign insurance company that arises out of the insurance coverage involved in an original request. (2) The term ``original request'' means a request that-- (A) seeks payment of any claim on insurance coverage that-- (i) was provided by a covered foreign insurance company; (ii) had as the policyholder, insured, or beneficiary a listed Holocaust victim; and (iii) was in effect during any portion of the 13-year period beginning with 1933 and ending with 1945; and (B) was made by a listed Holocaust victim, or the heirs or beneficiaries of such victim, to the covered foreign insurance company or the International Commission on Holocaust Era Insurance Claims. SEC. 104. DEFINITIONS. For purposes of this title, the following definitions shall apply: (1) Covered foreign insurance company.--The term ``covered foreign insurance company'' means the following companies: (A) Assicurazioni Generali S.p.A. (B) Union Des Assurances de Paris. (C) Victoria Lebenversicherungs AG. (D) Winterthur Lebensversicherungs Gesellschaft. (E) Allianz Lebensversicherungs AG. (F) Wiener Allianz Versicherungs AG. (G) Riunione Adriatica di Sicurta. (H) Vereinte Lebensversicherungs AG. (I) Basler Lebens-Versicherungs Gesellschaft. (J) Deutscher Ring Lebensversicherungs AG. (K) Nordstern Lebensversicherungs AG. (L) Gerling Konzern Lebensversicherungs AG. (M) Manheimer Lebensversicherung AG. (N) Der Anker. (O) Allgemeine Versicherungs AG. (P) Zuerich Lebensversicherungs Gesellschaft. (Q) Any other foreign insurance company that the Attorney General determines was in a position to have financial dealings with any individual who was subject to the Holocaust. (2) Listed holocaust victims.--The term ``listed Holocaust victim'' means an individual whose name which is on either of the following lists: (A) List of survivors.--The list of Jewish Holocaust Survivors maintained by the United States Holocaust Memorial Museum in Washington, D.C. (B) List of deceased.--The list of individuals who died in the Holocaust maintained by the Yad Veshem of Jerusalem in its Hall of Names. (3) Outstanding request.--The term ``outstanding request'' means a request that-- (A) seeks payment of any claim on insurance coverage that-- (i) was provided by a covered foreign insurance company; (ii) had as the policyholder, insured, or beneficiary a listed Holocaust victim; and (iii) was in effect during any portion of the 13-year period beginning with 1933 and ending with 1945; (B) was made by a listed Holocaust victim, or the heirs or beneficiaries of such victim, to the covered foreign insurance company or the International Commission on Holocaust Era Insurance Claims; and (C) was not responded to in writing by the covered foreign insurance company or such International Commission within the 60-day period beginning on receipt of the request by the covered foreign insurance company. (4) Subsidiary.--The term ``subsidiary'' means, with respect to a covered foreign insurance company, any company-- (A) 25 percent or more of whose class of voting securities is directly or indirectly owned or controlled by such covered foreign insurance company, or is held by such insurance company with the power to vote; (B) the election of a majority of whose directors or trustees is controlled in any manner by such covered foreign insurance company; or (C) with respect to which the management or policies of which such covered foreign insurance company has the power, directly or indirectly, to exercise a controlling influence. TITLE II--PROVISIONS APPLICABLE TO UNITED STATES BANKING INSTITUTIONS SEC. 201. LIMITATION ON INSURED DEPOSITORY INSTITUTIONS. Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(x) Prohibition on Transactions With Certain Insurance Companies or Their Affiliates.-- ``(1) In general.--No insured depository institution may accept any deposit from, maintain any deposit on behalf of, offer or provide payment services to or on behalf of, participate directly or indirectly in any aspect of the payment system (including any clearing or electronic fund transfer system) for or on behalf of, hold any credit balance for, make any loan or other extension of credit to or for the benefit of, or engage in any other financial activity or transaction with or on behalf of any covered foreign insurance company, as such term is defined in section 104 of the Comprehensive Holocaust Accountability in Insurance Measure (including any company the Attorney General determines is described in subparagraph (Q) of such section), or any affiliate of such company-- ``(A) during the period beginning 15 days after the enactment of the Comprehensive Holocaust Accountability in Insurance Measure and ending on the date on which the Attorney General provides notice through publication in the Federal Register that such company has complied with the disclosure requirements contained in section 101(a) of such Act; or ``(B) during the period that an order issued under section 102(e) of such Act by the Attorney General, prohibiting such company from conducting business in the United States, is in effect. ``(2) Limited exception for affiliates.-- ``(A) In general.--If an insured depository institution is itself an affiliate of a foreign insurance company described in paragraph (1), paragraph (1) shall not apply so as to prohibit-- ``(i) the payment of dividends on any shares of stock in such insured depository institution which are held by the foreign insurance company or any affiliate of such company; or ``(ii) the investment of additional capital in such insured depository institution by the foreign insurance company or affiliate. ``(B) Regulations.--Any payment or investment described in subparagraph (A) shall be subject to, and shall be made in accordance with, such regulations, including any limitation, as the Attorney General or the appropriate Federal banking agency may prescribe.''. SEC. 202. LIMITATION ON UNINSURED BRANCHES, AGENCIES, AND COMMERCIAL LENDING COMPANY AFFILIATES OF FOREIGN BANKS. Section 7 of the International Banking Act of 1978 (12 U.S.C. 3105) is amended by adding at the end the following new subsection: ``(l) Prohibition on Transactions With Certain Insurance Companies or Their Affiliates.-- ``(1) In general.--No branch, agency, or commercial lending company which is controlled by a foreign bank may accept any deposit from, maintain any deposit on behalf of, offer or provide payment services to, participate directly or indirectly in any aspect of the payment system (including any clearing or electronic fund transfer system) for or on behalf of, hold any credit balance for, make any loan or other extension of credit to or for the benefit of, or engage in any other financial activity or transaction with or on behalf of any covered foreign insurance company, as such term is defined in section 104 of the Comprehensive Holocaust Accountability in Insurance Measure (including any company the Attorney General determines is described in subparagraph (Q) of such section), or any affiliate of such company-- ``(A) during the period beginning 15 days after the enactment of the Comprehensive Holocaust Accountability in Insurance Measure and ending on the date on which the Attorney General provides notice through publication in the Federal Register that such company has complied with the disclosure requirements contained in section 101(a) of such Act; or ``(B) during the period that an order issued under section 102(e) of such Act by the Attorney General, prohibiting such company from conducting business in the United States, is in effect. ``(2) Limited exception for affiliates.-- ``(A) In general.--If a branch, agency, or commercial lending company which is controlled by a foreign bank is itself an affiliate of a foreign insurance company described in paragraph (1), paragraph (1) shall not apply so as to prohibit-- ``(i) the payment of dividends on any shares of stock or a similar investment in such branch, agency, or company which are held by the foreign insurance company or any affiliate of such company; or ``(ii) the investment of additional capital in branch, agency, or company by the foreign insurance company or affiliate. ``(B) Regulations.--Any payment or investment described in subparagraph (A) shall be subject to, and shall be made in accordance with, such regulations, including any limitation, as the Attorney General, the Board, the Comptroller of the Currency, or the Federal Deposit Insurance Corporation may prescribe.''.

Comprehensive Holocaust Accountability in Insurance Measure - Prohibits certain foreign insurance companies from conducting business in the United States, or with a U.S. bank, unless such companies disclose to the Attorney General the name of any listed Holocaust victim with whom such companies had any financial dealing.Instructs the Attorney General to: (1) designate an office in the Department of Justice to manage such disclosures; (2) obtain from both the International Commission on Holocaust Era Insurance Claims and from such foreign insurance companies information regarding any outstanding requests that is necessary to implement this Act; (3) notify victims of the requirements of this Act; (4) submit requests on behalf of beneficiaries; and (5) grant beneficiaries the option of waiving their rights to such request.Authorizes the Attorney General to prohibit a non-complying insurance company from conducting business in the United States (including participation in any aspect of the payment system within the jurisdiction of the United States or conducting business with a U.S. bank).Provides for civil actions to enforce this Act.Amends the Federal Deposit Insurance Act to prohibit domestic insured depository institutions from engaging in business transactions with such non-complying insurance companies.Amends the International Banking Act of 1978 to prohibit uninsured branches, agencies, and commercial lending company affiliates of foreign banks from engaging in transactions with such non-complying insurance companies or their affiliates.

To require foreign insurance companies doing business in the United States to disclose any financial dealings they had with individuals who survived or died in the Holocaust, to provide for the Attorney General of the United States to submit requests to such companies regarding claims on behalf of such individuals, and to prohibit insured depository institutions from transacting any business with or on behalf of any such foreign insurance companies that fail to comply with such disclosure requirements or fail to adequately respond to such requests, and for other purposes.

SECTION 1. REQUIREMENTS FOR NATURALIZATION TO CITIZENSHIP THROUGH SERVICE IN THE ARMED FORCES OF THE UNITED STATES. (a) Period of Required Service Reduced to 2 Years.--Section 328(a) of the Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended by striking ``three'' and inserting ``two''. (b) Prohibition on Imposition of Fees Relating to Naturalization.-- Section 328(b) of the Immigration and Nationality Act (8 U.S.C. 1439(b)) is amended-- (1) by striking the period at the end of paragraph (3) and inserting ``; and''; and (2) by adding after paragraph (3) the following: ``(4) notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing a petition for naturalization or issuing a certificate of naturalization upon his admission to citizenship, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected.''. (c) Naturalization Through Enlistment in the Armed Forces and Service With an Eligibility for Access to Classified Information.--The Immigration and Nationality Act is amended by adding after section 328 the following new section: ``naturalization through enlistment in the armed forces of the united states and service with an eligibility for access to classified information'' ``Sec. 328A. (a) A person who has served honorably at any time in the Armed Forces of the United States, who enlisted for such service and was not inducted to service, whose eligibility for access to classified information has been certified to the Service by the relevant military department, and who, if separated from such service, was never separated except under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person's application, in the United States for at least five years, and in the State or district of the Service in the United States in which the application for naturalization is filed for at least three months, and without having been physically present in the United States for any specified period, if such application is filed while the applicant is still in the service or within six months after the termination of such service. ``(b) A person filing a application under subsection (a) of this section shall comply in all other respects with the requirements of this title, except that-- ``(1) no residence within a State or district of the Service in the United States shall be required; ``(2) notwithstanding section 318 insofar as it relates to deportability, such applicant may be naturalized immediately if the applicant be then actually in the Armed Forces of the United States, and if prior to the filing of the application, the applicant shall have appeared before and been examined by a representative of the Service; ``(3) the applicant shall furnish to the Attorney General, prior to any final hearing upon his application a certified statement from the proper executive department for each period of his service upon which he relies for the benefits of this section-- ``(A) clearly showing that such service was honorable and that no discharges from service, including periods of service not relied upon by him for the benefits of this section, were other than honorable; ``(B) clearly showing that the applicant entered the Service through enlistment and not induction; and ``(C) clearly showing that the applicant was eligible for access to classified information; and ``(4) notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing a petition for naturalization or issuing a certificate of naturalization upon his admission to citizenship, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected.''. ``The certificate or certificates herein provided for shall be conclusive evidence of such service and discharge. ``(c) In the case such applicant's service was not continuous, the applicant's residence in the United States and State or district of the Service in the United States, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during any period within five years immediately preceding the date of filing such application between the periods of applicant's service in the Armed Forces, shall be alleged in the application filed under the provisions of subsection (a) of this section, and proved at any hearing thereon. Such allegation and proof shall also be made as to any period between the termination of applicant's service and the filing of the application for naturalization. ``(d) The applicant shall comply with the requirements of section 316(a) of this title, if the termination of such service has been more than six months preceding the date of filing the application for naturalization, except that such service within five years immediately preceding the date of filing such application shall be considered as residence and physical presence within the United States.''. ``(e) Any such period or periods of service under honorable conditions, and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of compliance with the provisions of section 316(a).''. (d) Conduct of Naturalization Proceedings Overseas for Members of the Armed Forces of the United States.--Notwithstanding any other provision of law, the Attorney General, the Secretary of State, and the Secretary of Defense, shall ensure that any applications, interviews, filings, oaths, ceremonies, or other proceedings under title III of the Immigration and Nationality Act relating to naturalization of members of the Armed Forces are available through United States embassies and consulates and, as practicable, United States military installations overseas.

Amends the Immigration and Nationality Act respecting naturalization through service in the Armed Forces to: (1) reduce the required service from three years to two years; and (2) prohibit the imposition of a naturalization fee.Provides, and sets forth the conditions, for naturalization through enlistment in the Armed Forces and service with an eligibility for access to classified information.Provides for overseas naturalization proceedings for members of the Armed Forces.

To amend the Immigration and Nationality Act to change the requirements for naturalization to citizenship through service in the Armed Forces of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Wireless Spectrum Availability Act''. SEC. 2. DEFINITIONS. As used in this Act-- (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Public safety.--The term ``public safety'' means fire, police, or emergency medical service including critical care medical telemetry, and such other services related to public safety as the Commission may include within the definition of public safety for purposes of this Act. (3) Private wireless.--The term ``private wireless'' encompasses all land mobile telecommunications systems operated by or through industrial, business, transportation, educational, philanthropic or ecclesiastical organizations where these systems, the operation of which may be shared, are for the licensees' internal use, rather than subscriber-based Commercial Mobile Radio Services (CMRS) systems. (4) Spectrum lease fee.--The term ``spectrum lease fee'' means a periodic payment for the use of a given amount of electromagnetic spectrum in a given area in consideration of which the user is granted a license for such use. SEC. 3. FINDINGS. The Congress finds that: (1) Private wireless communications systems enhance the competitiveness of American industry and business in international commerce, promote the development of national infrastructure, improve the delivery of products and services to consumers in the United States and abroad, and contribute to the economic and social welfare of citizens of the United States. (2) The highly specialized telecommunications requirements of licensees in the private wireless services would be served, and a more favorable climate would be created for the allocation of additional electromagnetic spectrum for those services if an alternative license administration methodology, in addition to the existing competitive bidding process, were made available to the Commission. SEC. 4. SPECTRUM LEASING FEES. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end thereof the following: ``SEC. 12. SPECTRUM LEASE FEE PROGRAM. ``(a) Spectrum Lease Fees.-- ``(1) In general.--Within 6 months after the date of enactment of the Private Wireless Spectrum Availability Act, the Commission shall by rule-- ``(A) implement a system of spectrum lease fees applicable to newly allocated frequency bands, as described in section 5 of the Private Wireless Spectrum Availability Act, assigned to systems (other than public safety systems (as defined in section 2(2) of the Private Wireless Spectrum Availability Act)) in private wireless service; ``(B) provide appropriate incentives for licensees to confine their radio communications to the area of operation actually required for that communication; and ``(C) permit private land mobile frequency advisory committees certified by the Commission to assist in the computation, assessment, collection, and processing of amounts received under the system of spectrum lease fees. ``(2) Formula.--The Commission shall include as a part of the rulemaking carried out under paragraph (1)-- ``(A) a formula to be used by private wireless licensees and certified frequency advisory committees to compute spectrum lease fees; and ``(B) an explanation of the technical factors included in the spectrum lease fee formula, including the relative weight given to each factor. ``(b) Fee Basis.-- ``(1) Initial fees.--Fees assessed under the spectrum lease fee system established under subsection (a) shall be based on the approximate value of the assigned frequencies to licensees. In assessing the value of the assigned frequencies to licensees under this subsection, the Commission shall take into account all relevant factors, including the amount of assigned bandwidth, the coverage area of a system, the geographic location of the system, and the degree of frequency sharing with other licensees in the same area. These factors shall be incorporated in the formula described in subsection (a)(2). ``(2) Adjustment of fees.--The Commission may adjust the formula developed under subsection (a)(2) whenever it determines that adjustment is necessary in order to calculate the lease fees more accurately or fairly. ``(3) Fee cap.--The spectrum lease fees shall be set so that, over a 10-year license term, the amount of revenues generated will not exceed the revenues generated from the auction of comparable spectrum. For purposes of this paragraph, the `comparable spectrum' shall mean spectrum located within 500 megahertz of that spectrum licensed in a concluded auction for mobile radio communication licenses. ``(c) Application to Private Wireless Systems.--After the Commission has implemented the spectrum leasing fee system under subsection (a) and provided licensees access to new spectrum as defined in section 6(c)(2) of the Private Wireless Spectrum Availability Act, it shall assess the fees established for that system against all licensees authorized in any new frequency bands allocated for private wireless use.''. SEC. 5. SPECTRUM LEASE FEE PROGRAM INITIATION. (a) In General.--The Commission shall allocate for use in the spectrum lease fee program under section 12 of the Communications Act of 1934 (47 U.S.C. 162) not less than 12 megahertz of electromagnetic spectrum, previously unallocated to private wireless, located between 150 megahertz and 1000 megahertz on a nationwide basis. (b) Existing Incumbents.--In allocating electromagnetic spectrum under subsection (a), the Commission shall ensure that existing incumbencies do not inhibit effective access to use of newly allocated spectrum to the detriment of the spectrum lease fee program. (c) Timeframe.-- (1) Allocation.--The Commission shall allocate electromagnetic spectrum under subsection (a) within 6 months after the date of enactment of this Act. (2) Access.--The Commission shall take such reasonable action as may be necessary to ensure that initial access to electromagnetic spectrum allocated under subsection (a) commences not later than 12 months after the date of enactment of this Act. SEC. 6. DELEGATION OF AUTHORITY. Section 5 of the Communications Act of 1934 (47 U.S.C. 155) is amended by adding at the end thereof the following: ``(f) Delegation to Certified Frequency Advisory Committees.-- ``(1) In general.--The Commission may, by published rule or order, utilize the services of certified private land mobile frequency advisory committees to assist in the computation, assessment, collection, and processing of funds generated through the spectrum lease fee program under section 12 of this Act. Except as provided in paragraph (3), a decision or order made or taken pursuant to such delegation shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as decisions or orders of the Commission. ``(2) Processing and depositing of fees.--A frequency advisory committee shall deposit any spectrum lease fees collected by it under Commission authority with a banking agent designated by the Commission in the same manner as it deposits application filing fees collected under section 8 of this Act. ``(3) Review of actions.--A decision or order under paragraph (1) is subject to review in the same manner, and to the same extent, as decisions or orders under subsection (c)(1) are subject to review under paragraphs (4) through (7) of subsection (c). SEC. 7. PROHIBITION OF USE OF COMPETITIVE BIDDING. Section 309(j)(6) of the Communications Act of 1934 (47 U.S.C. 309(j)(6)) is amended-- (1) by striking ``or'' at the end of subparagraph (G); (2) by striking the period at the end of subparagraph (H) and inserting a semicolon and ``or''; and (3) by adding at the end thereof the following: ``(I) preclude the Commission from considering the public interest benefits of private wireless communications systems (as defined in section 2(3) of the Spectrum Efficiency Reform Act of 1977) and making allocations in circumstances in which-- ``(i) the pre-defined geographic market areas required for competitive bidding processes are incompatible with the needs of radio services for site-specific system deployment; ``(ii) the unique operating characteristics and requirements of Federal agency spectrum users demand, as a prerequisite for sharing of Federal spectrum, that nongovernment access to the spectrum be restricted to radio systems that are non subscriber-based; ``(iii) licensee concern for operational safety, security, and productivity are of paramount importance and, as a consequence, there is no incentive, interest, or intent to use the assigned frequency for producing subscriber-based revenue; or ``(iv) the Commission, in its discretion, deems competitive bidding processes to be incompatible with the public interest, convenience, and necessity.''. SEC. 8. USE OF PROCEEDS FROM SPECTRUM LEASE FEES. (a) Establishment of Account.--There is hereby established on the books of the Treasury an account for the spectrum license fees generated by the spectrum license fee system established under section 12 of the Communications Act of 1934 (47 U.S.C. 162). Except as provided in subsections (b) and (c), all proceeds from spectrum lease fees shall be deposited in the Treasury in accordance with chapter 33 of title 31, United States Code, and credited to the account established by this subsection. (b) Administrative Expenses.--Out of amounts received from spectrum lease payments a fair and reasonable amount, as determined by the Commission, may be retained by a certified frequency advisory committee acting under section 5(f) of the Communications Act of 1934 (47 U.S.C. 155(f)) to cover costs incurred by it in administering the spectrum lease fee program. SEC. 9. LEASING NOT TO AFFECT COMMISSION'S DUTY TO ALLOCATE. The implementation of spectrum lease fees as a license administration mechanism is not a substitute for effective spectrum allocation procedures. The Commission shall continue to allocate spectrum to various services on the basis of fulfilling the needs of these services, and shall not use fees or auctions as an allocation mechanism.

Private Wireless Spectrum Availability Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), within six months after enactment of this Act, to: (1) implement a system of spectrum lease fees applicable to newly allocated frequency bands assigned to systems in private wireless service; (2) provide incentives for licensees to confine their radio communications to the area of operation actually required for that communication; and (3) permit FCC-certified private land mobile frequency advisory committees (committees) to assist in the computation, assessment, collection, and processing of amounts received under the system of spectrum lease fees. Provides for: (1) a formula to be used by private wireless licensees and committees to compute spectrum lease fees; and (2) lease fees based on the approximate value of the assigned frequencies to licensees (with a fee cap). Directs the FCC to allocate for use under its spectrum lease fee program not less than 12 megahertz of electromagnetic spectrum, previously unallocated to private wireless, located between 150 megahertz and 1000 megahertz on a nationwide basis. Provides for the delegation to committees of administrative functions under the spectrum lease system. States that nothing shall preclude the FCC from considering the public interest benefits of private wireless communications systems and making spectrum allocations under specified circumstances which preclude the need for, or requirement of, competitive bidding for such allocations. Establishes in the Treasury an account for the spectrum license fees generated under this Act. States that the implementation of spectrum lease fees as a license administration mechanism is not a substitute for effective spectrum allocation procedures.

Private Wireless Spectrum Availability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster Youth Mentoring Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Research shows that mentors make a difference in children's lives. At-risk youth who have mentors are 55 percent more likely to enroll in college. Students who meet regularly with their mentors are 52 percent less likely than their peers to skip a day of school. Youth who have mentors are also 130 percent more likely to hold a leadership position. (2) Children that have mentors have improved relationships with adults, fewer disciplinary referrals, and more confidence to achieve their goals. (3) In 2014, 415,129 children were in foster care. Of those children 62,108 were between the ages of 10 and 13, and 120,567 were between the ages of 14 and 18. (4) Mentoring programs that serve foster children are unique and require additional considerations, including specialized training and support necessary to provide for consistent, long-term relationships for children in care. (5) Mentoring programs can be used as an effective preventative or intervention strategy to support positive outcomes for foster youth. SEC. 3. PROGRAMS FOR MENTORING CHILDREN IN FOSTER CARE. Subpart 2 of part B of title IV of the Social Security Act (42 U.S.C. 629 et seq.) is amended by adding at the end the following: ``SEC. 439A. PROGRAMS FOR MENTORING CHILDREN IN FOSTER CARE. ``(a) Purpose.--It is the purpose of this section to authorize the Secretary to make grants to eligible applicants to support the establishment or expansion and operation of programs using a network of public and private community entities to provide mentoring for children in foster care. ``(b) Definitions.--In this section: ``(1) Children in foster care.--The term `children in foster care' means children who have been removed from the custody of their biological or adoptive parents by a State child welfare agency. ``(2) Mentoring.--The term `mentoring' means a structured, managed program-- ``(A) in which children are appropriately matched with screened and trained adult volunteers for consistent relationships; ``(B) that can include direct one-on-one, group, peer, or a combination of these types of mentoring services; ``(C) that involves meetings and activities on a regular basis; and ``(D) that is intended to meet, in part, the child's need for involvement with a caring and supportive adult who provides a positive role model. ``(3) Eligible entity.--The term `eligible entity' means-- ``(A) a nonprofit organization; ``(B) a State child welfare agency; ``(C) a local educational agency; ``(D) an Indian tribe or a tribal organization; or ``(E) a faith-based organization. ``(c) Grant Program.-- ``(1) In general.--The Secretary shall carry out a program to award grants to eligible entities to support the establishment or expansion and operation of programs using networks of public and private community entities to provide mentoring for children in foster care. ``(2) Application requirements.--To be eligible for a grant under paragraph (1), an eligible entity shall submit to the Secretary an application containing the following: ``(A) Program design.--A description of the proposed program to be carried out using amounts provided under this grant, including-- ``(i) the number of mentor-child matches proposed to be established and maintained annually under the program; ``(ii) the targeted age range of youth to be served by the program; ``(iii) such information as the Secretary may require concerning the methods to be used to recruit, screen, support, and oversee individuals participating as mentors, and to evaluate outcomes for participating children, including information necessary to demonstrate compliance with requirements established by the Secretary for the program; and ``(iv) such other information as the Secretary may require. ``(B) Training.--An assurance that all mentors covered under the program will receive intensive and ongoing training in the following areas: ``(i) Child development, including the importance of bonding. ``(ii) Family dynamics, including the effects of domestic violence. ``(iii) The foster care system and foster care principles and practices. ``(iv) Recognizing and reporting child abuse and neglect. ``(v) Confidentiality requirements for working with children in foster care. ``(vi) Working in coordination with the child welfare system. ``(vii) Other matters related to working with children in foster care. ``(C) Screening.--An assurance that all mentors covered under the program are appropriately screened and have demonstrated a willingness to comply with all aspects of the mentor program, including-- ``(i) a description of the methods to be used to conduct criminal background checks on all prospective mentors; and ``(ii) a description of the methods to be used to ensure that the mentors are willing and able to serve as a mentor on a long-term, consistent basis. ``(D) Community consultation; coordination with other programs.--A demonstration that, in developing and implementing the program, the eligible entity will, to the extent feasible and appropriate-- ``(i) consult with-- ``(I) public and private community entities, including religious organizations and Indian tribal organizations and urban Indian organizations; and ``(II) family members of children who may be potential clients of the program; ``(ii) coordinate the mentoring program and the eligible entity's activities with other Federal, State, and local programs serving children and youth; and ``(iii) consult and coordinate with appropriate Federal, State, and local corrections, workforce development, and substance abuse and mental health agencies. ``(E) Equal access for local service providers.--An assurance that public and private entities and nonprofit community organizations, including religious organizations and Indian organizations, will be eligible to participate on an equal basis. ``(F) Records, reports, and audits.--An agreement that the eligible entity will maintain such records, make such reports, and cooperate with such reviews or audits as the Secretary may find necessary for purposes of oversight of project activities and expenditures. ``(G) Evaluation.--An agreement that the eligible entity will cooperate fully with the Secretary's ongoing and final evaluation of the program under the plan, by means including providing the Secretary access to the program, the program's staff, program-related records and documents, and each public or private community entity receiving funding under the plan. ``(3) Considerations in awarding grants.--In awarding grants under this subsection, the Secretary shall take into consideration-- ``(A) the overall qualifications and capacity of the eligible entity and its partners to effectively carry out a mentoring program under this subsection; ``(B) the level and quality of training provided to mentors under the program; ``(C) evidence of coordination of the program with the social services and education programs of the State or political subdivision; ``(D) the ability of the eligible entity to provide supervision and support for mentors under the program and the youth served by such mentors; ``(E) the number of children in foster care served by the State or political subdivision; and ``(F) any other factors that the Secretary determines to be significant with respect to the need for, or the potential success of, carrying out a mentoring program under this section. ``(4) Use of funds.--An eligible entity that receives a grant under this subsection may use such funds to-- ``(A) develop and carry out a training program and ongoing support for mentors; ``(B) recruit mentors for children in foster care; and ``(C) provide activities that will help the development of a child in foster care who is participating in the program. ``(5) Grant amount.--In awarding grants under this subsection, the Secretary shall scale grants to account for the eligible entity's annual budget and capacity. ``(6) Annual report.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall prepare and submit to Congress a report that includes the following with respect to the year involved: ``(A) A description of the number of programs receiving grant awards under this subsection. ``(B) A description of the number of mentors who serve in the programs described in subparagraph (A). ``(C) A description of-- ``(i) the number of children in foster care who participated in mentoring programs funded by the grant funds under this subsection; ``(ii) data on the academic achievement of the children in mentoring programs funded by the grant funds under this subsection; and ``(iii) the number of children in foster care on waiting lists for such mentoring programs. ``(D) Any other information that the Secretary determines to be relevant to the evaluation of the program under this section. ``(7) Authorization of appropriations.--There are authorized to be appropriated to carry out this section-- ``(A) $15,000,000 for each of fiscal years 2018 and 2019; and ``(B) such sums as may be necessary for each succeeding fiscal year.''.

Foster Youth Mentoring Act of 2017 This bill amends part B (Child and Family Services) of title IV of the Social Security Act to direct the Department of Health and Human Services to award grants to nonprofit organizations, state child welfare agencies, local educational agencies, Indian tribes or organizations, or faith-based organizations to support the establishment or expansion and operation of programs using networks of public and private community entities to provide mentoring for children in foster care.

Foster Youth Mentoring Act of 2017

SECTION 1. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT ADDED TO GENERAL BUSINESS CREDIT. (a) Ready Reserve-National Guard Credit.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end thereof the following new section: ``SEC. 45A. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT. ``(a) General Rule.--For purposes of section 38, the Ready Reserve- National Guard employee credit determined under this section for the taxable year is an amount equal to the sum of-- ``(1) 50 percent of the actual compensation amount for the taxable year, plus ``(2) 10 percent of the unpaid compensation amount for the taxable year. ``(b) Definition of Actual Compensation Amount and Unpaid Compensation Amount.--For purposes of this section-- ``(1) Actual compensation amount.--The term `actual compensation amount' means the amount of compensation paid or incurred by an employer with respect to a Ready Reserve- National Guard employee on any day during a taxable year when the employee was absent from employment for the purpose of performing qualified active duty. ``(2) Unpaid compensation amount.--The term `unpaid compensation amount' means the amount of compensation which ordinarily would have been paid or incurred by an employer with respect to a Ready Reserve-National Guard employee on any day during a taxable year but was not paid because the employee was absent from employment for the purpose of performing qualified active duty. ``(c) Limitations.-- ``(1) Maximum credit.--The maximum credit allowable under subsection (a) shall not exceed $2,000 in any taxable year with respect to any one Ready Reserve-National Guard employee. ``(2) Days other than work days.--No credit shall be allowed with respect to a Ready Reserve-National Guard employee who performs qualified active duty on any day on which the employee was not scheduled to work (for a reason other than to participate in qualified active duty) and ordinarily would not have worked. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified active duty.--The term `qualified active duty' means-- ``(A) active duty, other than the training duty specified in section 270(a) of title 10, United States Code (relating to training requirements for the Ready Reserve), or section 502(a) of title 32, United States Code (relating to required drills and field exercises for the National Guard), in connection with which an employee is entitled to reemployment rights and other benefits or to a leave of absence from employment under section 2024 of title 38, United States Code, and ``(B) hospitalization incident to such duty. ``(2) Compensation.--The term `compensation' means any remuneration for employment, whether in cash or in kind-- ``(A) which is paid or incurred by a taxpayer and which is deductible from the taxpayer's gross income under section 162(a)(1), or ``(B) which if paid would have been so deductible. ``(3) Ready reserve-national guard employee.--The term `Ready Reserve-National Guard employee' means an employee who is a member of the Ready Reserve or of the National Guard. ``(4) National guard.--The term `National Guard' has the meaning given such term by section 101(9) of title 10, United States Code. ``(5) Ready reserve.--The term `Ready Reserve' has the meaning given such term by section 268 of title 10, United States Code.'' (b) General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by adding at the end thereof the following new paragraph: ``(9) the Ready Reserve-National Guard employee credit determined under section 45A(a).'' (2) Clerical amendments.--Such subsection is further amended-- (A) by striking ``plus'' in paragraph (7), and (B) by striking the period at the end of paragraph (8) and inserting ``, plus''. SEC. 2. CONFORMING AMENDMENT. The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45 the following new item: ``Sec. 45A. Ready Reserve-National Guard employee credit.'' SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1992.

Amends the Internal Revenue Code to provide a business tax credit for employers of members of the Ready Reserve or National Guard absent from work on active duty. Limits such credit to $2,000 with respect to any one Ready Reserve-National Guard employee.

To amend the Internal Revenue Code of 1986 to provide a tax credit to employers who employ members of the Ready Reserve or of the National Guard.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Debt Collection Abuse Act of 2015''. SEC. 2. DEFINITIONS. Section 803 of the Fair Debt Collection Practices Act (15 U.S.C. 1692a) is amended by striking paragraphs (5) and (6) and inserting the following: ``(5) The term `debt' means-- ``(A) any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment; or ``(B) any obligation or alleged obligation of a consumer-- ``(i) to pay a loan, an overpayment, a fine, penalty, a fee, or other money to a Federal agency; and ``(ii) that is not less than 180 days past due. ``(6) The term `debt collector' means any person who-- ``(A) uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts; ``(B) regularly collects or attempts to collect, directly or indirectly, by its own means or by hiring another debt collector, debts owed or due or asserted to be owed or due another or that have been purchased from another; or ``(C) regularly collects debts owed or allegedly owed to a Federal agency.''. SEC. 3. DEBT COLLECTION PRACTICES FOR DEBT COLLECTORS HIRED BY GOVERNMENT AGENCIES. The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is amended by inserting after section 812 (15 U.S.C. 1692j) the following: ``Sec. 812A. Debt collection practices for debt collectors hired by Federal agencies ``(a) Limitation on Time To Turn Debt Over to Debt Collector.--A Federal agency that is a creditor may sell or transfer a debt described in section 803(5)(B) to a debt collector not earlier than 180 days after the date on which the obligation or alleged obligation arises. ``(b) Required Notice.-- ``(1) In general.--Before transferring or selling a debt described in section 803(5)(B) to a debt collector or contracting with a debt collector to collect such a debt, a Federal agency shall notify the consumer not fewer than 3 times that the Federal agency will take such action. ``(2) Frequency of notifications.--The second and third notifications described in paragraph (1) shall be made not less than 30 days after the date on which the previous notification is made.''. SEC. 4. UNFAIR PRACTICES. Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 1692f) is amended by striking paragraph (1) and inserting the following: ``(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless-- ``(A) such amount is expressly authorized by the agreement creating the debt or permitted by law; or ``(B) in the case of any amount charged by a debt collector collecting a debt for a Federal agency, such amount is-- ``(i) reasonable in relation to the actual costs of the collection; ``(ii) authorized by a contract between the debt collector and the Federal agency; and ``(iii) not greater than 10 percent of the amount collected by the debt collector.''. SEC. 5. GAO STUDY AND REPORT. (a) Study.--Not later than 30 days after the date of enactment of this Act, the Comptroller General of the United States shall commence a study on the use of debt collectors by State and local government agencies, including-- (1) the powers given to the debt collectors by State and local government agencies; (2) the contracting process that allows a State or local government agency to award debt collection to a certain company, including the selection process; (3) any fees charged to debtors in addition to principal and interest on the outstanding debt; (4) how the fees described in paragraph (3) vary from State to State; (5) consumer protection at the State level that offer recourse to those whom debts have been wrongfully attributed; (6) the revenues received by debt collectors from State and local government agencies; (7) the amount of any revenue sharing agreements between debt collectors and State and local government agencies; (8) the difference in debt collection procedures across geographic regions, including the extent to which debt collectors pursue court judgments to collect debts; and (9) any legal immunity or other protections given to the debt collectors hired by State and local government agencies, including whether the debt collectors are subject to the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.). (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the completed study required under subsection (a).

Stop Debt Collection Abuse Act of 2015 This bill amends the Fair Debt Collection Practices Act to redefine: (1) "debt" to include any obligation or alleged obligation of a consumer to pay a loan, an overpayment, a fine, penalty, a fee, or other money to a federal agency and that is at least 180 days past due; and (2) "debt collector" to include any person who regularly collects debts owed or allegedly owed to a federal agency. A federal agency that is a creditor may sell or transfer a debt to a debt collector beginning 180 days after the obligation or alleged obligation arises. The Act is further amended by making the collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) an unfair practice unless: the amount is expressly authorized by the agreement creating the debt or permitted by law (as under current law); or in the case of a debt owed a federal agency, the collection charge is reasonable in relation to actual collection costs, is authorized by a contract between the debt collector and the federal agency, and does not exceed 10% of the amount the debt collector collects. The Government Accountability Office must study the use of debt collectors by state and local government agencies.

Stop Debt Collection Abuse Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Emergency Planning Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Hurricanes Katrina and Sandy, as well as other recent natural and man-made disasters, have highlighted the need for planning to minimize the impact of disasters. (2) Lack of preparedness in times of disaster can have especially devastating effects on animals and the people who risk their lives to protect them. (3) Local first-responders, non-governmental agencies, and private individuals most often shoulder the cost and responsibility of animals affected by disasters. (4) It is reasonable to ask those who use animals commercially to demonstrate a level of readiness to protect the animals under their care. SEC. 3. REQUIREMENT THAT COVERED ENTITIES DEVELOP AND IMPLEMENT EMERGENCY CONTINGENCY PLANS. (a) In General.--The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the end the following: ``SEC. 30. ANIMAL EMERGENCY PLANNING. ``(a) Covered Person.--For purposes of this section, the term `covered person' means a research facility, dealer, exhibitor, intermediate handler, carrier, or Federal research facility. ``(b) Contingency Plan.--Each covered person shall develop, document, and follow a contingency plan to provide for the humane handling, treatment, transportation, housing, and care of its animals in the event of an emergency or disaster. Such a contingency plan shall-- ``(1) identify situations that the covered person might experience, including natural disasters and emergencies such as electrical outages, faulty HVAC systems, fires, mechanical breakdowns, and animal escapes, that would trigger the need for the measures identified in the contingency plan to be put into action; ``(2) outline specific tasks to be carried out in response to the identified emergencies or disasters, including detailed animal evacuation or shelter-in-place instructions and provisions for providing backup sources of food and water as well as sanitation, ventilation, bedding, and veterinary care; ``(3) establish a chain of command and identify the individuals responsible for fulfilling the tasks described in paragraph (2); and ``(4) address how response and recovery will be handled in terms of materials, resources, and training needed. ``(c) Annual Review.--Each covered person shall-- ``(1) review its contingency plan on at least an annual basis to ensure that it adequately addresses the criteria described in subsection (b); and ``(2) maintain documentation of the annual reviews and any amendments or changes made to its contingency plan since the previous year's review. ``(d) Training.--Each covered person shall-- ``(1) train its personnel in their roles and responsibilities as outlined in the contingency plan; ``(2) communicate any changes in the contingency plan to personnel through training within 30 days after making the changes; and ``(3) maintain documentation of its personnel's participation in, and successful completion of, the training required by this subsection. ``(e) Availability of Documentation.-- ``(1) In general.--Each covered person shall submit to the Secretary on an annual basis its contingency plan, as well as any documentation described in subsections (c)(2) and (d)(3). ``(2) While traveling.--A covered person engaged in travel shall carry a copy of its contingency plan with it at all times and make it available for inspection by the Secretary while in travel status.''. (b) Regulations.-- (1) Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as the Secretary determines to be necessary to carry out section 30 of the Animal Welfare Act, as added by subsection (a) of this Act. (2) The regulations described in paragraph (1) shall be made without regard to the rulemaking procedures under section 553 of title 5, United States Code. (c) No Preemption.--Nothing in this Act or the amendments made by this Act preempts any law (including a regulation) of a State, or a political subdivision of a State, containing requirements that provide equivalent or greater protection for animals than the requirements of this Act or the amendments made by this Act. (d) Effective Date.--The amendments made by subsection (a) shall apply to covered persons (as defined in section 30(a) of the Animal Welfare Act, as added by such subsection) beginning on the date that is 30 days after the date of enactment of this Act.

Animal Emergency Planning Act of 2015 This bill amends the Animal Welfare Act to require research facilities, dealers, exhibitors, intermediate handlers, and carriers (covered persons) to develop, document, and follow a contingency plan to provide for the humane handling, treatment, transportation, housing, and care of their animals in the event of an emergency or disaster. The plan must: identify situations that the covered person might experience that would trigger the need to implement the measures identified in the plan; outline tasks to be carried out in response to emergencies or disasters; establish a chain of command and identify the individuals responsible for fulfilling the tasks; and address how response and recovery will be handled in terms of materials, resources, and training needed. Covered persons must review their plan at least annually, train personnel in their roles and responsibilities as outlined in the plan, and provide training when the plan changes. The bill does not preempt state law that provides equal or greater protection for animals.

Animal Emergency Planning Act of 2015

TITLE I--TELEMARKETING FRAUD AND SENIORS PROTECTION ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Telemarketing Fraud and Seniors Protection Act''. SEC. 102. FINDINGS. Congress makes the following findings: (1) Telemarketing fraud costs consumers nearly $40,000,000,000 each year. (2) Senior citizens are often the target of telemarketing fraud. (3) Fraudulent telemarketers compile into so-called ``mooch lists'' the names of consumers who are potentially vulnerable to telemarketing fraud. (4) According to the American Association of Retired Persons, 56 percent of the names on such ``mooch lists'' are individuals age 50 or older. (5) The Department of Justice has undertaken successful investigations and prosecutions of telemarketing fraud through various operations, including ``Operation Disconnect'', ``Operation Senior Sentinel'', and ``Operation Upload''. (6) The Federal Bureau of Investigation has helped provide resources to assist organizations such as the American Association of Retired Persons to operate outreach programs designed to warn senior citizens whose names appear on confiscated ``mooch lists''. (7) The Administration on Aging was formed, in part, to provide senior citizens with the resources, information, and assistance their special circumstances require. (8) The Administration on Aging has a system in place to inform senior citizens of the dangers of telemarketing fraud. (9) Senior citizens need to be warned of the dangers of telemarketing fraud before they become victims of such fraud. SEC. 103. PURPOSE. It is the purpose of this title to protect senior citizens, through education and outreach, from the dangers of telemarketing fraud and fraud over the Internet and to facilitate the investigation and prosecution of fraudulent telemarketers. SEC. 104. DISSEMINATION OF INFORMATION. (a) In General.--The Secretary of Health and Human Services, acting through the Assistant Secretary of Health and Human Services for Aging, shall publicly disseminate in each State information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud and fraud over the Internet. (b) Information.--In carrying out subsection (a), the Secretary shall-- (1) inform senior citizens of the prevalence of telemarketing fraud targeted against them; (2) inform senior citizens how telemarketing fraud works; (3) inform senior citizens how to identify telemarketing fraud; (4) inform senior citizens how to protect themselves against telemarketing fraud, including an explanation of the dangers of providing bank account, credit card, or other financial or personal information over the telephone to unsolicited callers; (5) inform senior citizens how to report suspected attempts at telemarketing fraud; (6) inform senior citizens of their consumer protection rights under Federal law; and (7) provide such other information as the Secretary considers necessary to protect senior citizens against fraudulent telemarketing. (c) Means of Dissemination.--The Secretary shall determine the means to disseminate information under this section. In making such determination, the Secretary shall consider-- (1) public service announcements; (2) a printed manual or pamphlet; (3) an Internet website; and (4) telephone outreach to individuals whose names appear on so-called ``mooch lists'' confiscated from fraudulent telemarketers. (d) Priority.--In disseminating information under this section, the Secretary shall give priority to areas with high concentrations of senior citizens. SEC. 105. AUTHORITY TO ACCEPT GIFTS. The Secretary of Health and Human Services may accept, use, and dispose of unconditional gifts, bequests, or devises of services or property, both real and personal, in order to carry out this title. SEC. 106. DEFINITION. For purposes of this title, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. TITLE II--TELEMARKETING FRAUD OVER THE INTERNET SEC. 201. EXTENSION OF CRIMINAL FRAUD STATUTE TO INTERNET. (a) Extension.--Section 1343 of title 18, United States Code, is amended by-- (1) by inserting ``(a)'' before ``Whoever''; (2) in subsection (a), as so designated, by striking ``or television communication'' and inserting ``television, or Internet communication''; and (3) by adding at the end thereof the following: ``(b) For purposes of this section, the term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.''. (b) Conforming and Clerical Amendments.--(1) The section heading of such section is amended to read as follows: ``Sec. 1343. Fraud by wire, radio, television, or Internet''. (2) The table of sections at the beginning of chapter 63 of that title is amended by striking the item relating to section 1343 and inserting the following new item: ``1343. Fraud by wire, radio, television, or Internet.''. SEC. 202. FEDERAL TRADE COMMISSION SANCTIONS. (a) Rulemaking to Apply Sanctions.--The Federal Trade Commission shall initiate a rulemaking proceeding to set forth the application of section 5 of the Federal Trade Commission Act (15 U.S.C. 45), and other statutory provisions within its jurisdiction, to deceptive acts or practices in or affecting the commerce of the United States in connection with the promotion, advertisement, offering for sale, or sale of goods or services through use of the Internet, including the initiation, transmission, and receipt of unsolicited commercial electronic mail. (b) Internet Defined.--In this section, the term ``Internet'' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.

TABLE OF CONTENTS: Title I: Telemarketing Fraud and Seniors Protection Act Title II: Telemarketing Fraud Over the Internet Title I: Telemarketing Fraud and Seniors Protection Act - Telemarketing Fraud and Seniors Protection Act - Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, to publicly disseminate by specified means in each State certain information designed to educate senior citizens and raise awareness about the dangers of telemarketing fraud and fraud over the Internet. Title II: Telemarketing Fraud Over the Internet - Amends the Federal criminal code to include within its criminal fraud protections transmissions made over the Internet. Directs the Federal Trade Commission to initiate a rulemaking proceeding to set forth the application of the Federal Trade Commission Act to deceptive acts or practices in U.S. commerce in connection with the promotion, advertisement, sale offer, or sale of goods or services through the use of the Internet, including the initiation, transmission, and receipt of unsolicited commercial electronic mail.

Telemarketing Fraud and Seniors Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Self-Referral Amendments of 1993''. SEC. 2. EXTENSION OF PHYSICIAN SELF-REFERRAL LIMITATIONS TO ALL PAYORS. Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by striking ``for which payment otherwise may be made under this title'' and inserting ``for which a charge is imposed'', and (B) in paragraph (1)(B), by striking ``under this title''; (2) by amending paragraph (1) of subsection (g) to read as follows: ``(1) Denial of payment.--No payment may be made under this title, under another Federal health care program, or under a State health care program (as defined in section 1128(h)) for a designated health service for which a claim is presented in violation of subsection (a)(1)(B). No individual, third party payor, or other entity is liable for payment for designated health services for which a claim is presented in violation of such subsection.''; and (3) in subsection (g)(3), by striking ``for which payment may not be made under paragraph (1)'' and inserting ``for which such a claim may not be presented under subsection (a)(1)''. SEC. 3. EXTENSION OF PHYSICIAN SELF-REFERRAL LIMITATIONS TO CERTAIN ADDITIONAL SERVICES. (a) In General.--Section 1877 of the Social Security Act is further amended-- (1) by striking ``clinical laboratory services'' and ``clinical laboratory services'' and inserting ``designated health services'' and ``designated health services'', respectively, each place either appears in subsections (a)(1), (b)(2)(A)(ii)(I), (b)(4), (d)(1), (d)(2), and (d)(3), and (2) by adding at the end the following new subsection: ``(i) Designated Health Services Defined.--In this section, the term `designated health services' means-- ``(1) clinical laboratory services, ``(2) physical therapy services, ``(3) radiology and diagnostic imaging services, ``(4) radiation therapy services, and ``(5) the furnishing of durable medical equipment.''. (b) Conforming Amendments.--Section 1877 of such Act is further amended-- (1) in subsection (d)(2), by striking ``laboratory'' and inserting ``entity'', (2) in subsection (g)(1), by striking ``clinical laboratory service'' and inserting ``designated health service'', and (3) in subsection (h)(7)(B), by striking ``clinical laboratory service'' and inserting ``designated health service'', and SEC. 4. CHANGES IN EXCEPTIONS. (a) Health Maintenance Organizations and Managed Care Plans.-- Paragraph (3) of section 1877(b) of the Social Security Act is amended to read as follows: ``(3) Health maintenance organizations and managed care plans.-- ``(A) Health maintenance organizations.--In the case of services furnished by a health maintenance organization to an individual enrolled with the health maintenance organization, including services furnished by-- ``(i) an eligible organization (as defined in section 1876(b)); ``(ii) an organization described in section 1833(a)(1)(A); ``(iii) an organization receiving payments on a prepaid basis under a demonstration project under section 402(a) of the Social Security Amendments of 1967 or under section 222(a) of the Social Security Amendments of 1972; and ``(iv) any other entity designated by the Secretary as a health maintenance organization for purposes of this subparagraph. ``(B) Certain managed care plans.--In the case of services furnished by a managed care plan (as defined by the Secretary) to an individual enrolled under the plan if-- ``(i) the plan selectively contracts with physicians and with providers of designated health services; and ``(ii) under the plan physicians bear a significant financial risk for the cost of designated health services furnished upon referral.''. (b) Waiver for Valuable Community Services.--Subsection (b)(5) of such section is amended by adding at the end the following: ``In making such determinations, the Secretary shall specifically consider whether the provision of necessary, valuable community services will be jeopardized without such an exception.''. (c) Exception for Hospitals.--Subparagraph (A) of subsection (d)(3) of such section is amended to read as follows: ``(A) at the time the services are furnished, the hospital has a participation agreement in effect under section 1866, and''. SEC. 5. EFFECTIVE DATES. The amendments made by this Act shall apply with respect to a referral by a physician for designated health services (as described in section 1877(i) of the Social Security Act)-- (1) made on or after the first day of the first month beginning at least 2 years after the date of the enactment of this Act, in the case of a referral with respect to which a financial relationship (specified in section 1877(a)(2) of the Social Security Act) existed as of the date of the enactment of this Act; or (2) made on or after the first day of the first month beginning at least 6 months after the date of the enactment of this Act, with respect to which such a financial relationship did not exist as of the date of the enactment of this Act.

Physician Self-Referral Amendments of 1993 - Amends title XVIII (Medicare) of the Social Security Act to extend the ban on physician self-referrals to all payors and to physical therapy services, radiology and diagnostic imaging services, radiation therapy services, and the furnishing of durable medical equipment. Makes changes in the exceptions to ownership and compensation arrangement prohibitions with respect to prepaid plans.

Physician Self-Referral Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive One-Call Notification Act of 1995''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Damage.--The term ``damage'' means any impact or contact with an underground facility, its appurtenances, or its protective coating, or weakening of the support for the facility or protective housing, which requires repair. (2) Excavation.--The term ``excavation'' means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any mechanized tools or equipment, or any explosive, but shall not include-- (A) any generally accepted normal agricultural practices and activities taken in support thereof, as determined by each State, including tilling of the soil for agricultural purposes to a depth of 18 inches or less; (B) generally accepted normal lawn and garden activities, as determined by each State; and (C) the excavation of a gravesite in a cemetery. (3) Excavator.--The term ``excavator'' means a person who conducts excavation. (4) Facility operator.--The term ``facility operator'' means any person who operates an underground facility. (5) Person.--The term ``person'' includes any agency of Federal, State, or local government. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (7) State.--The term ``State'' means a State of the United States, the District of Columbia, or Puerto Rico. (8) State program.--The term ``State program'' means the program of a State to establish or maintain a one-call notification system. (9) Underground facility.--The term ``underground facility'' means any underground line, system, or structure that is part of a system in interstate commerce used for transmitting or distributing electricity or communication. SEC. 3. NATIONWIDE TOLL-FREE NUMBER SYSTEM. Within 1 year after the date of enactment of this Act, the Secretary shall, in consultation with the Federal Communications Commission, facility operators, excavators, and one-call notification system operators, provide for the establishment of a nationwide toll- free telephone number system to be used by State one-call notification systems. SEC. 4. STATE PROGRAMS. (a) Consideration.--Each State shall consider whether to adopt a comprehensive statewide one-call notification program with each element described in section 5, to protect all underground facilities from damage due to any excavation. Such State program may be provided for through the establishment of a new program, or through modification or improvement of an existing program, and may be implemented by a nongovernmental organization. Such State program may include protection of facilities not part of a system in interstate commerce. (b) Procedures.--State consideration under subsection (a) shall be undertaken after public notice and hearing, and shall be completed within 3 years after the date of enactment of this Act. Such consideration may be undertaken as part of any proceeding of a State with respect to the safety of underground facilities. (c) Compliance.--If a State fails to comply with the requirements of subsection (a), the Secretary or any person aggrieved by such failure may in a civil action obtain appropriate relief against any appropriate officer or entity of the State, including the State itself, to compel such compliance. (d) Appropriateness.--Nothing in this Act prohibits a State from making a determination that it is not appropriate to adopt a State program described in section 5, pursuant to its authority under otherwise applicable State law. SEC. 5. ELEMENTS OF STATE PROGRAM. (a) In General.--Each State's consideration under section 4(a) shall include consideration of program elements that-- (1) provide for a one-call notification system or systems which shall-- (A) apply to all excavators and to all facility operators; (B) operate in all areas of the State and not duplicate the geographical coverage of other one-call notification systems; (C) receive and record appropriate information from excavators about intended excavations; (D) inform facility operators of any intended excavations that may be in the vicinity of their underground facilities; and (E) inform excavators of the identity of facility operators who will be notified of the intended excavation; (2) provide for 24-hour coverage for emergency excavation, with the manner and scope of coverage determined by the State; (3) employ mechanisms to ensure that the general public, and in particular all excavators, are aware of the one-call telephone number and the requirements, penalties, and benefits of the State program relating to excavations; (4) inform excavators of any procedures that the State has determined must be followed when excavating; (5) require that any excavator must contact the one-call notification system in accordance with State specifications, which may vary depending on whether the excavation is short term, long term, routine, continuous, or emergency; (6) require facility operators to provide for locating and marking or otherwise identifying their facilities at an excavation site, in accordance with State specifications, which may vary depending on whether the excavation is short term, long term, routine, continuous, or emergency; (7) provide effective mechanisms for penalties and enforcement as described in section 6; (8) provide for a fair and appropriate schedule of fees to cover the costs of providing for, maintaining, and operating the State program; (9) provide an opportunity for citizen suits to enforce the State program; and (10) require railroads to report any accidents that occur during or as a result of routine railroad maintenance to the Secretary and the appropriate local officials. (b) Exception.--Where excavation is undertaken by or for a person, on real property owned or leased, or in which an oil or gas mineral leasehold interest is held, by that person, and the same person operates all underground facilities located at the site of the excavation, a State program may elect not to require that such person contact the one-call notification system before excavating. SEC. 6. PENALTIES AND ENFORCEMENT. (a) General Penalties.--Each State's consideration under section 4(a) shall include consideration of a requirement that any excavator or facility operator who violates the requirements of the State program shall be liable for an appropriate administrative or civil penalty. (b) Increased Penalties.--If a violation results in damage to an underground facility resulting in death, serious bodily harm, or actual damage to property exceeding $50,000, the penalties shall be increased, and an additional penalty of imprisonment may be assessed for a knowing and willful violation. (c) Decreased Penalties.--Each State's consideration under section 4(a) shall include consideration of reduced penalties for a violation, that results in or could result in damage, that is promptly reported by the violator. (d) Equitable Relief and Mandamus Actions.--Each State's consideration under section 4(a) shall include consideration of provisions for appropriate equitable relief and mandamus actions. (e) Immediate Citation of Violations.--Each State's consideration under section 4(a) shall include consideration of procedures for issuing a citation of violation at the site and time of the violation. SEC. 7. GRANTS TO STATES. (a) Authority.--Using $4,000,000 of the amounts previously collected under section 7005 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (previously codified as 49 U.S.C. App. 1682a) or section 60301 of title 49, United States Code, for each of the fiscal years 1996, 1997, and 1998, to the extent provided in advance in appropriations Acts, the Secretary shall make grants to States, or to operators of one-call notification systems in such States, which have elected to adopt a State program described in section 5, or to establish and maintain a State program pursuant to subsection (b) of this section. Such grants may be used in establishing one-call notification systems, modifying existing systems to conform to standards established under this Act, and improving systems to exceed such standards. Such grants may be used to-- (1) improve communications systems linking one-call notification systems; (2) improve location capabilities, including training personnel and developing and using location technology; (3) improve record retention and recording capabilities; (4) enhance public information and education campaigns; (5) increase and improve enforcement mechanisms, including administrative processing of violations; and (6) otherwise further the purposes of this Act. (b) Alternate Form of State Program.--The Secretary may make a grant under subsection (a) to a State that establishes or maintains a State program that differs from a State program described in section 5 if such State program is at least as protective of the public health and safety and the environment as a State program described in section 5. SEC. 8. DEPARTMENT OF COMMERCE. (a) Coordination With Other Responsibilities.-- (1) Coordination.--The Secretary shall coordinate the implementation of this Act with appropriate Federal agencies. (2) Review of programs.--Within 18 months after the date of enactment of this Act, the Secretary shall review, and report to Congress on, the extent to which any policies, programs, and procedures of the Department of Commerce could be used to achieve the purposes of this Act. (b) Model Program.-- (1) Development.--Within 1 year after the date of enactment of this Act, the Secretary, in consultation with facility operators, excavators, one-call notification system operators, and State and local governments, shall develop and make available to States a model State program, including a model enforcement program. Such model program may be amended by the Secretary on the Secretary's initiative or in response to reports submitted by the States pursuant to section 9, or as a result of workshops conducted under paragraph (3) of this subsection. (2) Suggested elements.--The model program developed under paragraph (1) shall include all elements of a State program described in section 5. The Secretary shall consider incorporating the following elements into the model program: (A) The one-call notification system or systems shall-- (i) receive and record appropriate information from excavators about intended excavations, including-- (I) the name of the person contacting the one-call notification system; (II) the name, address, and telephone number of the excavator; (III) the specific location of the intended excavation, along with the starting date thereof and a description of the intended excavation activity; and (IV) the name, address, and telephone number of the person for whom the work is being performed; and (ii) maintain records on each notice of intent to excavate for the period of time necessary to ensure that such records remain available for use in the adjudication of any claims relating to the excavation. (B) The provision of information on excavation requirements at the time of issuance of excavation or building permits, or other specific mechanisms for ensuring excavator awareness. (C) A requirement that any excavator must contact the one-call notification system at least 2 business days, and not more than 10 business days, before excavation begins. (D) Alternative notification procedures for excavation activities conducted as a normal part of ongoing operations within specific geographic locations over an extended period of time. (E) A requirement that facility operators-- (i) provide for locating and marking, in accordance with the American Public Works Association Uniform Color Code for Utilities, or otherwise identifying, in accordance with standards established by the State or the American National Standards Institute, their underground facilities at the site of an intended excavation within no more than 2 business days after notification of such intended excavation; and (ii) monitor such excavation as appropriate. (F) Provision for notification of excavators if no underground facilities are located at the excavation site. (G) Provision for the approval of a State program under this Act with time limitations longer than those required under subparagraphs (C) and (E) of this paragraph where special circumstances, such as severe weather conditions or remoteness of location, pertain. (H) Procedures for excavators and facility operators to follow when the location of underground facilities is unknown. (I) Procedures to improve underground facility location capabilities, including compiling and notifying excavators, facility operators, and one-call centers of any information about previously unknown underground facility locations when such information is discovered. (J) Alternative rules for timely compliance with State program requirements in emergency circumstances. (K) If a State has procedures for licensing or permitting entities to do business, procedures for the revocation of the license or permit to do business of any excavator determined to be a habitual violator of the requirements of the State program. (3) Workshops.--Within 6 months after the date of enactment of this Act, and annually thereafter, the Secretary shall conduct workshops with facility operators, excavators, one-call notification system operators, and State and local governments in order to develop, amend, and promote the model program, and to provide an opportunity to share information among such parties and to recognize State programs that exemplify the goals of this Act. (c) Public Education.--The Secretary shall develop, in conjunction with facility operators, excavators, one-call notification system operators, and State and local governments, public service announcements and other educational materials and programs to be broadcast or published to educate the public about one-call notification systems, including the national phone number. SEC. 9. STATE REPORTS. (a) Requirement.-- (1) Initial report.--Within 3 years after the date of enactment of this Act, each State shall submit to the Secretary a report on progress made in implementing this Act. (2) Status reports.--Within 4\1/2\ years after the date of enactment of this Act, and annually thereafter, each State shall report to the Secretary on the status of its State program, if any, and its requirements, and any other information the Secretary requires. (b) Simplified Reporting Form.--Within 3 years after the date of enactment of this Act, the Secretary shall develop and distribute to the States a simplified form for complying with the reporting requirements of subsection (a)(2). SEC. 10. MORE PROTECTIVE SYSTEMS. Nothing in this Act prohibits a State from implementing a one-call notification system that provides greater protection for underground facilities from damage due to excavation than a system established pursuant to this Act. SEC. 11. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Purchase of American-Made Equipment and Products.--It is the sense of Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act should be American-made. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the Secretary, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a).

Comprehensive One-Call Notification Act of 1995 - Directs the Secretary of Commerce to provide for the establishment of a nationwide toll-free telephone number to be used by State one-call notification systems to protect underground facilities from excavation damage. Requires each State to consider whether to adopt a comprehensive statewide one-call notification program containing all elements required under this Act. Outlines required elements of the program, including prior notification of any intended excavations and its application to all excavators and underground facility operators. Permits a State to elect not to require a person to contact the one-call notification system if the person owns or leases the property and operates all underground facilities at the excavation site. Provides penalties for violations of the requirements of a program, as well as enforcement procedures. Directs the Secretary to make grants to States (or to operators of State notification systems) which have elected to adopt or establish and maintain a notification system with all required elements. Allows grants for alternative programs if they are at least as protective of the public health and safety and environment as a State program under this Act. Directs the Secretary to: (1) coordinate the implementation of this Act with appropriate Federal agencies; (2) review and report to the Congress on the extent to which Department of Commerce programs and procedures could be used to achieve the purposes of this Act; (3) develop and make available to States a model State one-call notification program, with suggested elements; and (4) develop public service announcements and other materials to educate the public about one-call notification systems and the national phone number. Requires each State to provide an initial and annual status reports on progress made in implementing a State program. Allows States to implement more protective notification systems than that required under this Act. Expresses the sense of the Congress that equipment and products purchased with funds made available under this Act should be American-made. Requires notification of such preference to the recipients of assistance under this Act.

Comprehensive One-Call Notification Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Synthetic Drug Prevention, Treatment, and Education Act''. SEC. 2. SYNTHETIC RECREATIONAL DRUGS. Title III of the Public Health Service Act is amended by inserting after section 317T of such Act (42 U.S.C. 247b-22) the following: ``SEC. 317U. SYNTHETIC RECREATIONAL DRUGS. ``(a) Study.--Not later than 1 year after the date of enactment of the Synthetic Drug Prevention, Treatment, and Education Act, the Director of the Centers for Disease Control and Prevention (in this section referred to as the `Director') shall-- ``(1) complete a study on strategies for preventing and treating the use of synthetic recreational drugs (as identified pursuant to subsection (b)(3)), including best rehabilitation practices; and ``(2) submit a report to the Congress on the results of such study. ``(b) Database.-- ``(1) In general.--The Secretary, in coordination with the Administrator of the Drug Enforcement Administration, shall establish and maintain a database of synthetic recreational drugs. ``(2) Availability.--The Secretary shall make the information in the database under paragraph (1) publicly available for use in preventing and treating the use of synthetic recreational drugs. ``(3) Identification of synthetic recreational drugs.-- Beginning not later than 90 days after the date of the enactment of the Synthetic Drug Prevention, Treatment, and Education Act, for purposes of this section, the Secretary shall specify (and update as necessary) a list of substances, each of which shall satisfy the following criteria: ``(A) The substance is an analogue of a controlled substance (as defined in section 102 of the Controlled Substances Act). ``(B) The substance is not marketed as a drug (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act). ``(C) The substance is determined by the Secretary to be marketed for recreational human use, irrespective of claims to the contrary in the labeling and promotion of the substance. Each substance identified on the most recent list specified by the Secretary pursuant to this paragraph is referred to in this section as a `synthetic recreational drug'. ``(c) Cannabimimetic Agents.-- ``(1) Outreach campaign.--Not later than 1 year after the date of enactment of the Synthetic Drug Prevention, Treatment, and Education Act, the Director, in collaboration with the Assistant Secretary for Mental Health and Substance Use, the Director of the National Institute on Drug Abuse, the Director of the National Institutes of Health, and the Administrator of the Drug Enforcement Administration, shall develop and implement a national outreach campaign to educate law enforcement personnel, State and local agencies, health care professionals, community health organizations, parents, youth, and other community members about preventing and treating the use of cannabimimetic agents. ``(2) Grants.-- ``(A) In general.--The Director may make grants to Federally-qualified health centers for programs to increase public awareness about, and prevent and treat, the use of cannabimimetic agents. ``(B) Partnership.--A Federally-qualified health center receiving a grant under subparagraph (A) for a program, may, to the extent such program is with respect to increasing awareness about, or preventing, the use of cannabimimetic agents, partner with a recipient of grant under section 1032 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1532) to carry out such elements of the program. ``(C) Maximum amount.--The maximum amount of a grant under this section shall be $250,000. ``(D) Authorization of appropriations.--To carry out this paragraph, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2018 through 2020. ``(d) Definitions.--In this section: ``(1) The term `cannabimimetic agent' has the meaning given to that term in section 202(d)(2) of the Controlled Substances Act. ``(2) The term `Federally-qualified health center' has the meaning given to such term in section 1861(aa) of the Social Security Act.''.

Synthetic Drug Prevention, Treatment, and Education Act This bill amends the Public Health Service Act to require the Centers for Disease Control and Prevention (CDC) to study strategies for preventing and treating the use of synthetic recreational drugs, which are substances marketed for recreational use (regardless of claims to the contrary) that are analogous to a controlled substance and are not medications. The Department of Health and Human Services must coordinate with the Drug Enforcement Administration (DEA) to establish and maintain a database of synthetic recreational drugs. The database must be publicly available for use in preventing and treating the use of synthetic recreational drugs. The CDC, in collaboration with the Substance Abuse and Mental Health Services Administration, the National Institute on Drug Abuse, the National Institutes of Health, and the DEA, must develop and implement a national outreach campaign to educate law enforcement personnel, health care professionals, community members, and others about preventing and treating the use of substances similar to marijuana (cannabimimetic agents). The CDC may award grants to federally qualified health centers for public awareness programs regarding substances similar to marijuana. To carry out a public awareness program, grant recipients may partner with recipients of Drug-Free Communities Support Program grants.

Synthetic Drug Prevention, Treatment, and Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Library Trust Fund Act''. SEC. 2. UNITED STATES LIBRARY TRUST FUND. (a) Designation of Overpayments and Contributions for United States Library Trust Fund.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR UNITED STATES LIBRARY TRUST FUND ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each return of the taxpayer for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) $1 of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be paid over to the United States Library Trust Fund in accordance with the provisions of section 9511. In the case of a joint return with respect to which an overpayment of $2 or more is due, each spouse may designate that $1 shall be paid to such trust fund. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions).'' (b) Creation of Trust Fund.--Subchapter A of chapter 98 of such Code is amended by adding at the end the following new section: ``SEC. 9511. UNITED STATES LIBRARY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `United States Library Trust Fund', consisting of such amounts as may be credited or paid to such trust fund as provided in section 6097. ``(b) Transfers to Trust Fund.--There are hereby appropriated to the United States Library Trust Fund amounts equivalent to-- ``(1) the amounts of the overpayments of tax to which designations under section 6097 apply, and ``(2) the amounts of contributions made under such section to such trust fund. ``(c) Expenditures From Trust Fund.--Amounts in the United States Library Trust Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out section 3 of the United States Library Trust Fund Act.'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of overpayments and contributions for United States Library Trust Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9511. United States Library Trust Fund.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. GRANTS TO LIBRARIES. (a) Eligibility of Public Libraries and Public School Libraries.--A public library or public school library is eligible to receive a grant under this section from the United States Library Trust Fund established pursuant to section 9511 of the Internal Revenue Code of 1986 for any fiscal year by submitting an application to the Office of Library Services that includes-- (1) certification that the library does not have the financial resources available to purchase new books or collections; (2) assurances that funds received under this section will be used only to purchase materials for the library; (3) assurances that funds received under this section will be used to supplement, not supplant, other funds received by such library; and (4) an agreement to make available any financial records that the Office of Library Services may need for audit purposes. (b) Grant Selection.--The Office of Library Services shall select the number of grant awards made under this section and the amount of each such award based upon economic need in accordance with regulations published by the Office.

United States Library Trust Fund Act - Amends the Internal Revenue Code to: (1) establish in the Treasury the United States Library Trust Fund; and (2) permit a taxpayer to designate one dollar of any tax overpayment of tax and any cash contribution which the taxpayer includes with a return to such Fund. Provides for grants from such fund to public libraries and public school libraries.

To amend the Internal Revenue Code of 1986 to provide for designation of overpayments and contributions to the United States Library Trust Fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Medical Services Support Act''. SEC. 2. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL SERVICES. (a) Establishment.--The Secretary of Transportation and the Secretary of Homeland Security, acting through the Under Secretary for Emergency Preparedness and Response of the Department of Homeland Security and in consultation with the Secretary of Health and Human Services, shall establish a Federal Interagency Committee on Emergency Medical Services (in this Act referred to as the ``Interagency Committee on EMS'') to improve coordination and enhance support of emergency medical services. (b) Membership.--The Interagency Committee on EMS shall consist of the following officials (or their designees): (1) The Administrator of the National Highway Traffic Safety Administration. (2) The Director of the Office for Domestic Preparedness of the Department of Homeland Security. (3) The Administrator of the Health Resources and Services Administration of the Department of Health and Human Services. (4) The Director of the Centers for Disease Control and Prevention of the Department of Health and Human Services. (5) The Administrator of the United States Fire Administration of the Department of Homeland Security. (6) The Administrator of the Centers for Medicare Medicaid Services of the Department of Health and Human Services. (7) The Under Secretary of Defense for Personnel and Readiness. (8) The Assistant Secretary for Public Health Emergency Preparedness of the Department of Health and Human Services. (9) The Director of the Indian Health Service of the Department of Health and Human Services. (10) The Bureau Chief of the Wireless Telecommunications Bureau of the Federal Communications Commission. (11) A representative of any other Federal agency identified by the Secretary of Transportation or the Secretary of Homeland Security, acting through the Under Secretary for Emergency Preparedness and Response of the Department of Homeland Security and in consultation with the Secretary of Health and Human Services, as having a significant role in relation to the purposes of the Interagency Committee on EMS. (c) Leadership.--The members of the Interagency Committee on EMS shall annually select an individual from among the members of the Committee to serve as chairperson of the Committee. (d) Activities.--The Interagency Committee on EMS shall carry out the following activities: (1) Ensuring coordination among the Federal agencies represented on the Committee with State, local, tribal, and regional emergency medical services and 9-1-1 systems. (2) Identifying State, local, tribal, and regional emergency medical services and 9-1-1 needs. (3) Ensuring that emergency medical services are appropriately integrated with homeland security and other emergency response programs. (4) Recommending new or expanded programs, including grant programs, for-- (A) improving State, local, tribal, and regional emergency medical services; and (B) implementing improved interoperable voice and data emergency medical services and communications technologies, including wireless 9-1-1. (5) Identifying ways to streamline the process through which Federal agencies support State, local, tribal, and regional emergency medical services. (6) Assisting State, local, tribal, and regional emergency medical services in setting priorities based on identified needs. (7) Advising, consulting, and making recommendations on matters relating to the implementation of the coordinated State emergency medical services programs. (e) Meetings.--The Interagency Committee on EMS shall meet as frequently as is determined necessary by the chairperson of the Committee, but no less frequently than quarterly. (f) Administration.--The Administrator of the National Highway Traffic Safety Administration, in cooperation with the Director of the Office for Domestic Preparedness of the Department of Homeland Security, shall provide administrative support to the Interagency Committee on EMS, including scheduling meetings, setting agendas, keeping minutes and records, and producing reports. (g) Annual Reports.--The Interagency Committee on EMS shall prepare and submit an annual report to Congress on the Committee's activities, actions, and recommendations, and shall include in such report a description of respective Federal agency responsibility, support, and coordination of emergency medical services systems. SEC. 3. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL. (a) Establishment.--There is established a Federal Interagency Committee on Emergency Medical Services Advisory Council (in this Act referred to as the ``Advisory Council'') that shall consist of not more than 13 individuals with an interest or expertise in emergency medical services selected by the Interagency Committee on EMS. (b) Membership.--In selecting members of the Advisory Council, the Interagency Committee on EMS shall ensure that the Advisory Council represents-- (1) both urban and rural areas; and (2) all sectors of the emergency medical services community. (c) Leadership.--Members of the Advisory Council shall annually select an individual from among the members of the Council to serve as chairperson of the Advisory Council. (d) Activities.--The Advisory Council shall make recommendations to the Interagency Committee on EMS on topics including the following: (1) Improved coordination and support of emergency medical services systems among Federal programs. (2) Development of a national emergency medical services plan. (3) Standards, guidelines, benchmarks, and data collection on emergency medical services. (4) Guidelines for conducting needs assessments for improving community-based emergency medical services systems at State and local levels. (5) Creation of new, or the expansion of existing, grants or other programs for improving community-based emergency medical services. (6) Consolidation or realignment of Federal agency or program responsibility for emergency medical services. (7) Strengthening emergency medical services systems through enhanced workforce development, education, training, exercises, equipment, medical oversight, and other areas. (8) Issues or topics to be addressed in the annual report of the Interagency Committee on EMS. (e) Annual Report.--Before the Interagency Committee on EMS submits to Congress the annual report required under section 2(g), the Advisory Council shall review the report and include independent information or recommendations for inclusion in the report, as deemed appropriate by the Advisory Council. (f) Meetings.--The Advisory Council-- (1) shall meet at the same time and place as the Interagency Committee on EMS, when such Committee meets; and (2) may conduct independent meetings to receive public comment and collect data and information. (g) Compensation and Reimbursement.-- (1) Compensation.--The members of the Advisory Council shall receive no pay by reason of their service as a member of the Advisory Council. (2) Travel expenses.--The members of the Advisory Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Council. (h) Administration.--The Administrator of the National Highway Traffic Safety Administration, in cooperation with the Director of the Office for Domestic Preparedness of the Department of Homeland Security, shall provide administration support to the Advisory Council.

Emergency Medical Services Support Act - Requires the Secretary of Transportation and the Secretary of Homeland Security, acting through the Under Secretary for Emergency Preparedness and Response, to establish a Federal Interagency Committee on Emergency Medical Services to improve coordination and enhance support of emergency medical services (EMS). Establishes a Federal Interagency Committee on Emergency Medical Services Advisory Council to make recommendations on EMS topics to the Committee. Requires the Administrator of the National Highway Traffic Safety Administration (NHTSA) to provide administrative support to both the Committee and the Council.

To establish a Federal Interagency Committee on Emergency Medical Services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stem Cell Research for Patient Benefit Act of 2001''. SEC. 2. IMPLEMENTATION OF NATIONAL INSTITUTES OF HEALTH GUIDELINES FOR RESEARCH USING HUMAN PLURIPOTENT STEM CELLS. The Director of the National Institutes of Health shall conduct or support research using human pluripotent stem cells from embryos and fetal tissue in accordance with the National Institutes of Health Guidelines for Research Using Human Pluripotent Stem Cells, as published in the Federal Register on August 25, 2000 (65 FR 51976), and corrected on November 21, 2000 (65 FR 69951). SEC. 3. STUDY ON STEM CELLS BY THE NATIONAL INSTITUTES OF HEALTH. (a) In General.--The Director of the National Institutes of Health shall conduct a study on the following: (1) The current state of knowledge about the following: (A) Biological properties of stem cells obtained from embryos, fetal tissues, and adult tissues. (B) Biological differences among stem cells obtained from embryos, fetal tissues, and adult tissues and the significance of these differences for research and medicine. (C) Ability of stem cells to generate tissues, including neurons and heart, kidney, blood, and liver tissues, and the potential clinical uses of these tissues. (2) Emerging stem cell applications. (3) The effectiveness of the guidelines referred to in section 2. (b) Report.--Not later than 5 years after the date of the enactment of this Act, the Director of the National Institutes of Health shall submit a report describing the findings and conclusions of the study to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. SEC. 4. STUDY ON THERAPIES ADDRESSING IMMUNOLOGICAL REJECTION OF STEM CELLS AND DIFFERENTIATED CELLS AND TISSUE DERIVED FROM STEM CELLS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall seek to enter into an agreement with the Institute of Medicine under which the Institute, taking into consideration the results of the study authorized by section 3, will conduct a study to-- (1) assess the current state of knowledge about therapies, including somatic cell nuclear transfer and therapies using pharmaceuticals, that may be used to address immunological rejection of stem cells and differentiated cells and tissue derived from stem cells; (2) compare the potential therapeutic value of such therapies; and (3) identify safeguards that could be implemented to prevent the use of human embryos created by somatic cell nuclear transfer for purposes other than the development of therapies for diseases. (b) Other Entities.--If the Institute of Medicine declines to conduct the study described in subsection (a), the Secretary shall enter into an agreement with another appropriate public or nonprofit private entity to conduct the study. (c) Report.--The Secretary shall ensure that, not later than 2 years after the date of the enactment of this Act, the study to be conducted under subsection (a) is completed and a report describing the findings and conclusions of the study is submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. SEC. 5. BIOMEDICAL ADVISORY COMMISSION. (a) Establishment.--There is established a commission to be known as the Biomedical Advisory Commission (in this section referred to as the ``Commission''). (b) Duties.-- (1) Study.--The Commission shall conduct studies on the following: (A) Bioethical issues arising from research on human biology and applications of such research. (B) Emerging biomedical research, including the ethical, social, legal, and regulatory issues concerning such research and its clinical applications. (2) Recommendations.--Based on the results of the study, the Commission shall formulate such recommendations as it considers appropriate with the goal of realizing the development of effective therapies as quickly as possible, taking into account the relevant ethical, social, legal, and regulatory considerations. (c) Membership.-- (1) Appointment.--The Commission shall be composed of 13 members as follows: (A) 1 member appointed by the President. (B) 3 members appointed by the Speaker of the House of Representatives. (C) 3 members appointed by the minority leader of the House of Representatives. (D) 3 members appointed by the majority leader of the Senate. (E) 3 members appointed by the minority leader of the Senate. (2) Qualifications.--The members appointed under subparagraphs (B), (C), (D), and (E) of paragraph (1) shall include representatives from the legal, ethical, scientific, medical, patient, religious, and industry communities. (3) Consultation.--All appointments under paragraph (1) shall be made in consultation with members of the communities referred to in paragraph (2). (4) Chairperson.--The Chairperson of the Commission shall be elected by a majority from among the members of the Commission. (5) Terms.--Each member of the Commission shall be appointed for a term of 3 years and may be reappointed. (6) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Meetings.--The Commission shall meet-- (1) at the call of the Chairperson; and (2) at least 2 times but not more than 4 times each calendar year. (e) Compensation and Expenses.-- (1) Compensation.--Subject to paragraph (2), each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (3) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code, while away from the member's home or regular place of business in the performance of services for the Commission. (f) Executive Director and Staff.-- (1) Executive director.-- (A) Appointment.--The Commission shall have an Executive Director who shall be appointed by the Secretary of Health and Human Services. (B) Pay.--The Executive Director shall be paid at a rate not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Staff.-- (A) Appointment.--The Executive Director may appoint such additional personnel as the Executive Director sees fit. (B) Pay.--The staff of the Commission shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. (3) Applicability of certain civil service laws.--The Executive Director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service. (g) Hearings and Sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (h) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information (other than information required by any Federal statute to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this section. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. (i) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (j) Contracts.--To the extent or in the amounts provided in advance in appropriations Acts, the Commission may contract with and compensate government and private agencies or persons for supplies and services. (k) Reports.--The Commission may submit to the Congress and the President such reports as the Congress requests or the Commission considers appropriate. (l) Termination.--The Commission terminates 30 days after the date that is 6 years after the date of the enactment of this Act.

Stem Cell Research for Patient Benefit Act 2001 - Requires the Director of the National Institutes of Health to: (1) conduct or support research using human pluripotent stem cells from embryos and fetal tissue in accordance with the National Institutes of Health Guidelines for Research Using Human Pluripotent Stem Cells; and (2) study and report to specified congressional committees on stem cells and the effectiveness of such guidelines.Requires the Secretary of Health and Human Services to enter into an agreement with: (1) the Institute of Medicine under which the Institute shall assess the current state of knowledge about therapies, including somatic cell nuclear transfer and therapies using pharmaceuticals, that may be used to address immunological rejection of stem cells and differentiated cells and tissue derived from stem cells; and (2) another appropriate public or nonprofit private entity to conduct such assessment if the Institute declines.Establishes the Biomedical Advisory Commission to study: (1) bioethical issues arising from research on human biology and applications of such research; and (2) emerging biomedical research, including the ethical, social, legal, and regulatory issues concerning such research and its clinical applications.

To require implementation of the National Institutes of Health Guidelines for Research Using Human Pluripotent Stem Cells, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ed Walker Memorial Act for Improvements to the Energy Employees Occupational Illness Compensation Program''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Beginning in the mid-1940s, workers at hundreds of facilities owned by the Federal Government and entities in the private sector produced and processed radioactive materials for use in the nuclear weapons program of the United States. (2) Those workers at nuclear weapons facilities helped to build the nuclear arsenal that served as a deterrent to the Soviet Union during the Cold War, but many of those workers paid a high price in terms of their health. (3) During the Cold War, many workers at nuclear weapons facilities were exposed to radiation and placed in harm's way by the Department of Energy and contractors, subcontractors, and vendors of the Department-- (A) without the knowledge and consent of the workers; (B) without adequate radiation monitoring; and (C) without necessary protections from internal or external occupational radiation exposures. (4) Because of the inequities described in paragraph (3) and the resulting potential harm to workers employed at nuclear weapons facilities, Congress designated classes of Cold War-era workers at the Paducah, Kentucky, Portsmouth, Ohio, Oak Ridge K-25, and Amchitka Island test sites as members of the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.). (5) The contribution of the State of New York to the security of the United States throughout the Cold War was very significant. (6) Thirty-six former atomic weapons employer facilities or Department of Energy facilities that produced and processed radioactive materials, carried out classified research, operated nuclear reactors, and processed high level nuclear waste are located in New York. Fourteen of those facilities are located in the western region of New York. (7) Research by the Department of Energy, the National Institute for Occupational Safety and Health, the Advisory Board on Radiation and Worker Health, and congressional committees indicates that-- (A) workers at certain atomic weapons employer facilities and Department of Energy facilities were not adequately monitored for internal or external exposures to ionizing radiation to which the workers were exposed during the 1940s, 1950s, and 1960s; and (B) at other facilities, records were not maintained, or the records from those facilities are not reliable or failed to measure the radioactive isotopes to which workers were exposed. (8) No personal radiation dosimetry monitoring records are available from the Bethlehem Steel site in Lackawanna, New York, which falls within the definition of an atomic weapons employer facility under section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l). (9) Section 3626(b) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q(b)) authorizes the President, upon the recommendation of the Advisory Board on Radiation and Worker Health, to designate additional classes of employees in the Special Exposure Cohort if it is not feasible to estimate with sufficient accuracy the radiation dose that the class received and there is a reasonable likelihood that the radiation dose may have endangered the health of members of the class. (10) On May 28, 2004, the Secretary of Health and Human Services issued a final rule establishing procedures for designating additional classes of employees in the Special Exposure Cohort (69 Fed. Reg. 30,764). (11) Legislation is needed to provide additional parameters to the President, the Secretary of Health and Human Services, and the Advisory Board on Radiation and Worker Health for evaluating petitions for inclusion in the Special Exposure Cohort of classes of employees with respect to which there was limited or nonexistent individual radiation exposure monitoring or an absence of records. SEC. 3. ADDITION OF CLASSES OF FORMER NUCLEAR WEAPONS PROGRAM WORKERS TO THE SPECIAL EXPOSURE COHORT UNDER ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. Section 3626(b) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q(b)) is amended-- (1) by inserting ``(A)'' after ``(1)''; (2) by redesignating paragraph (2) as subparagraph (B); (3) by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(2)(A) in the case of a class of employees employed at a Department of Energy facility or an atomic weapons employer facility during a period (in the aggregate) of at least 250 days (or a shorter duration connected to discrete events, as determined by the President) during which-- ``(i) the employees in the class had the potential for exposure to occupational ionizing radiation from production or processing materials related to atomic weapons, or engaged in research, development, testing, assembly, disassembly, decontamination, decommissioning, or waste management, or work related to such activities; and ``(ii)(I) fewer than 50 percent of the employees in the class were individually monitored on a regular basis (using reliable methods and procedures) under a formal health physics program for exposure to internal and external ionizing radiation for the types of radiation and specific radioactive isotopes to which the employees had the potential for exposure during the period when the employees were exposed; ``(II) individual internal and external exposure records for the types of radiation and specific radioactive isotopes to which the employees in the class were potentially exposed at the facility during the period when the employees were exposed are nonexistent or are not available; or ``(III) to the extent that a portion of individual internal or external records are available for the period from the facility, individual radiation doses cannot be reliably determined for more than \2/3\ of the employees in the class using the individual internal and external monitoring records from the facility; and ``(B) in the case of a class of employees employed at a facility with respect to which the Director of the National Institute for Occupational Safety and Health has made the determination described in section 3169(b)(4) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 42 U.S.C. 7384 note) during the residual contamination period described in such section, the employees at the facility met the criteria described in clauses (i) and (ii) of subparagraph (A).''. SEC. 4. REGULATIONS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue regulations for designating additional classes of employees as members of the Special Exposure Cohort under section 3626(b)(2) of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended by section 3. (b) Bethlehem Steel Site.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall determine under 3626(b)(2) of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended by section 3, whether workers employed at the Bethlehem Steel site in Lackawanna, New York, meet the requirements of such section for membership in the Special Exposure Cohort. (c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that identifies each of the following: (1) Any Department of Energy facilities or atomic weapons employer facilities (as those terms are defined in section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l)) at which classes of employees were employed that meet the requirements for membership in the Special Exposure Cohort under section 3626(b)(2) of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended by section 3. (2) The number of such classes. (3) The number of employees in each such class.

Ed Walker Memorial Act for Improvements to the Energy Employees Occupational Illness Compensation Program - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain former nuclear weapons program workers in the Special Exposure Cohort under the energy employees occupational illness compensation program. Directs the Secretary of Health and Human Services (HHS) to: (1) issue regulations for designating additional classes of employees, including those employed during a period of residual contamination, as members of the Special Exposure Cohort; and (2) determine whether workers employed at the Bethlehem Steel site in Lackawanna, New York, meet the requirements of this Act for membership in the Special Exposure Cohort. Requires the Secretary to provide a report to Congress identifying facilities at which classes of employees were employed that meet the requirements for membership in the Special Exposure Cohort, as well as the number of classes and the number of employees in each class.

A bill to amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain former nuclear weapons program workers in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Army Arsenal Revitalization Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code. (2) Legacy items.--The term ``legacy items'' means manufactured items that are no longer produced by the private sector but continue to be used for Department of Defense weapons systems, excluding information technology and information systems (as those terms are defined in section 11101 of title 40, United States Code). (3) Organic industrial base.--The term ``organic industrial base'' means United States military facilities that advance a vital national security interest by producing necessary materials, munitions, and hardware, including arsenals and depots. SEC. 3. USE OF ARSENALS TO MANUFACTURE CERTAIN ITEMS. (a) Production of Legacy Items.-- (1) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Logistics Agency shall submit to the congressional defense committees a report listing all legacy items used by the Department of Defense with a contract value equal to or greater than $5,000,000. (2) Production requirement.--The Secretary of Defense shall use Army arsenals for the production of all legacy items identified in the report submitted under paragraph (1). (b) Use of Sole Source Contracts for Certain Items.-- (1) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report listing all sole source contracts for the procurement of manufactured items the lack of which would constitute a critical national security issue for the Department of Defense. (2) Competition requirement.--The Secretary of Defense shall establish Army arsenals as a second source for production of any manufactured item included in the report submitted under paragraph (1). (c) Report on Equipment Purchased Under Domestic Sole Source Contracts.-- (1) Report.--Not later than March 30, 2017, the Secretary of Defense shall submit to the congressional defense committees a report containing a list of each contract awarded by the Department of Defense during fiscal years 2011 through 2015 using procedures other than competitive procedures for the procurement of equipment, weapons, weapons systems, components, subcomponents, or end-items with a contract value equal to or greater than $3,000,000. (2) Elements.--The report under paragraph (1) shall include, for each contract listed, the following information: (A) An identification of the items purchased under the contract. (B) The rationale for using an exception or waiver to award the contracts using procedures other than competitive procedures. (C) A list of potential alternative manufacturing sources from the public and private sector that could be developed to establish competition for those items. SEC. 4. USE OF ORGANIC INDUSTRIAL BASE TO ADDRESS DIMINISHING MANUFACTURING SOURCES AND MATERIAL SHORTAGES. (a) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report detailing plans to update and improve its guidance and practices on Diminishing Manufacturing Sources and Material Shortages (DMSMS), including through the use of the organic industrial base as a resource in the implementation of a DMSMS management plan. (b) Guidance Regarding Use of Organic Industrial Base.--The Secretary of the Army shall maintain the arsenals with sufficient workloads to ensure affordability and technical competence in all critical capability areas by establishing, not later than March 30, 2017, clear, step-by-step, prescriptive guidance on the process for conducting make-or-buy analyses, including the use of the organic industrial base. (c) Identification of Army Arsenal Critical Capabilities and Minimum Workloads.-- (1) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that-- (A) includes a standardized, consistent method to use for identifying the critical capabilities and minimum workloads of the Army arsenals; (B) provides analysis on the critical capabilities and minimum workloads for each of the manufacturing arsenals; and (C) identifies fundamental elements, such as steps, milestones, timeframes, and resources for implementing the United States Army Organic Industrial Base Strategic Plan 2012-2022. (2) Guidance.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to implement the process for identifying the critical capabilities of the Army's manufacturing arsenals and the method for determining the minimum workload needed to sustain these capabilities. SEC. 5. AUTHORITY TO ADJUST LABOR RATES TO REFLECT WORK PRODUCTION. (a) Pilot Program.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a three-year pilot program for the purpose of permitting Army arsenals to adjust their labor rates periodically throughout the year based upon changes in workload and other factors. (b) Annual Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that assesses-- (1) each Army arsenal's changes in labor rates throughout the previous year; (2) the ability of each arsenal to meet the costs of their working capital funds; and (3) the effect on arsenal workloads of labor rate changes.

Army Arsenal Revitalization Act of 2016 This bill requires the Defense Logistics Agency to report to Congress regarding Department of Defense (DOD) legacy items with a contract value equal to $5 million or more. DOD shall use Army arsenals for the production of these legacy items. DOD shall: (1) report to Congress listing all sole source contracts for the procurement of manufactured items the lack of which would constitute a critical national security issue, and (2) establish Army arsenals as a second source for production of any such manufactured item. DOD shall report to Congress regarding: DOD contracts awarded during FY2011-FY2015 using noncompetitive procedures for the procurement of equipment, weapons, weapons systems, and components with a contract value of $3 million or more; plans to update practices on Diminishing Manufacturing Sources and Material Shortages (DMSMS), including through the use of the organic industrial base as a resource in the implementation of a DMSMS management plan; and critical capabilities and minimum workloads of the Army arsenals, and fundamental elements for implementing the United States Army Organic Industrial Base Strategic Plan 2012-2022. DOD shall establish a three-year pilot program to permit Army arsenals to adjust their labor rates periodically throughout the year based upon changes in workload and other factors.

Army Arsenal Revitalization Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Success in Iraq And Diplomatic Surge for National and Political Reconciliation in Iraq Act of 2007''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--MILITARY SUCCESS IN IRAQ ACT OF 2007 Sec. 101. Declarations of policy. Sec. 102. Repeal of public law 107-243. Sec. 103. Withdrawal of united states armed forces and contractor security forces from iraq. TITLE II--DIPLOMATIC SURGE FOR JUSTICE, PEACE, AND SUCCESS IN IRAQ ACT OF 2007 Sec. 201. United states policy. Sec. 202. Presidential actions. Sec. 203. Rule of construction. Sec. 204. Reports. TITLE I--MILITARY SUCCESS IN IRAQ ACT OF 2007 SEC. 101. DECLARATIONS OF POLICY. Congress makes the following declarations of policy: (1) The authorization for use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is the sole basis of authority under which the President of the United States launched the invasion of Iraq in 2003. (2) Congress authorized the President to use military force against Iraq to achieve the following two objectives: (A) To defend the national security of the United States-- (i) by disarming Iraq of any weapons of mass destruction that could threaten the security of the United States and international peace in the Persian Gulf region; (ii) by changing the Iraqi regime so that Saddam Hussein and his Baathist party no longer posed a threat to the people of Iraq or its neighbors; (iii) by bringing to justice any members of al Qaeda bearing responsibility for the attacks on the United States, its citizens, and interests, including the attacks that occurred on September 11, 2001, known or found to be in Iraq; and (iv) by ensuring that the regime of Saddam Hussein would not provide weapons of mass destruction to international terrorists, including al Qaeda. (B) To enforce all relevant United Nations Security Council resolutions regarding Iraq. (3) Whenever military force is authorized pursuant to an Act of Congress, such authorization of military force automatically expires upon the achievement of the objectives stated in the Act of Congress. (4) Congress has the ultimate authority to determine when and whether the objectives stated in an Act of Congress which authorizes the use of military force have been achieved. SEC. 102. REPEAL OF PUBLIC LAW 107-243. (a) Findings.--Congress finds that-- (1) the objectives of the authorization for use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) have been achieved; and (2) the authorization of military force contained in Public Law 107-243 has expired. (b) Repeal of Public Law 107-243.--The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is hereby repealed. SEC. 103. WITHDRAWAL OF UNITED STATES ARMED FORCES AND CONTRACTOR SECURITY FORCES FROM IRAQ. (a) Withdrawal of Armed Forces and Contractor Security Forces From Iraq.--Not later than October 1, 2007, or 90 days after the date of the enactment of this Act, whichever shall occur first, all units and members of the Armed Forces deployed to Iraq and all security forces under contract or subcontract with the United States Government and working in Iraq shall be withdrawn from Iraq. (b) Prohibition on Use of Funds To Continue Deployment of Armed Forces to Iraq.-- (1) Prohibition.--Except as provided in paragraph (2), funds appropriated or otherwise made available under any provision of law may not be obligated or expended to deploy or continue to deploy members or units of the Armed Forces to Iraq. (2) Exception.--Paragraph (1) does not apply to the use of funds to provide for the safe and orderly withdrawal of the Armed Forces and contractor security forces from Iraq pursuant to subsection (c). (c) Exception.--Subsections (a) and (b) do not apply if a Joint Resolution which provides specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)) for the deployment or continued deployment of units and members of the Armed Forces and contractor security forces to Iraq is enacted into law during the time period described in subsection (a). (d) Armed Forces Defined.--In this section, the term ``Armed Forces'' has the meaning given the term in section 101(a)(4) of title 10, United States Code. TITLE II--DIPLOMATIC SURGE FOR JUSTICE, PEACE, AND SUCCESS IN IRAQ ACT OF 2007 SEC. 201. UNITED STATES POLICY. It shall be the policy of the United States to pursue regional and international initiatives and steps to assist the Government of Iraq to achieve certain security, political, and economic milestones so as to marginalize extremists and terrorists, promote United States values and interests, and improve the global image of the United States. SEC. 202. PRESIDENTIAL ACTIONS. To implement the policy set forth in section 201, the President shall take the following actions: (1) Not later than ten days after the date of the enactment of this Act, the United States, working with the Government of Iraq, shall launch a comprehensive diplomatic initiative to deal with the problems of Iraq and of the region. (2) The goals of the diplomatic initiative as it relates to regional players shall be to-- (A) support the unity and territorial integrity of Iraq, with the assistance of bona fide international peacekeeping force if necessary; (B) stop destabilizing interventions and actions by Iraq's neighbors; (C) secure Iraq's borders, including the use of joint patrols with neighboring countries; (D) prevent the expansion of the instability and conflict beyond Iraq's borders; (E) promote economic assistance, commerce, trade, political support, and, if possible, military assistance for the Government of Iraq from nonneighboring Muslim countries; (F) energize countries to support national political reconciliation in Iraq; (G) validate Iraq's legitimacy by resuming diplomatic relations, where appropriate, and reestablishing embassies in Baghdad; (H) assist Iraq to establish active working embassies in key capitals in the region (for example, in Riyadh, Saudi Arabia); (I) help Iraq reach a mutually acceptable agreement on Kirkuk; and (J) assist the Government of Iraq achieve certain security, political, and economic milestones, including better performance on issues such as national reconciliation, equitable distribution of oil revenues, and the dismantling of militias. (3) As a complement to the diplomatic initiative, the President shall appoint a Special Envoy for National and Political Reconciliation in Iraq (``SENPRI)'') whose exclusive commission shall be to undertake the peaceful reconciliation of the major stakeholders in Iraq, particularly the Sunnis, Shias, and Kurds. The SENPRI shall meet with such persons, organizations, and entities, and make such recommendations, as he deems necessary and expedient for bringing about national and political reconciliation in Iraq. (4) As a further complement to the diplomatic initiative, the United States and the Government of Iraq shall support the holding of a conference or meeting in Baghdad of the Organization of the Islamic Conference or the Arab League to assist the Government of Iraq to promote national reconciliation in Iraq and to reestablish the diplomatic presence in Iraq of the Organization of the Islamic Conference and the Arab League. (5) As an instrument of the diplomatic initiative, an Iraq International Support Group shall be organized. (6) The Iraq International Support Group shall consist of Iraq and all the countries bordering Iraq, including Iran and Syria, the key regional countries, including Egypt and the Gulf States, the five permanent members of the United Nations Security Council, the European Union, and such other industrialized countries that might contribute to resolving political, diplomatic, and security problems affecting Iraq. (7) The diplomatic initiative and the work of the Iraq International Support Group shall be carried out with urgency, and shall be conducted by and organized at the level of foreign minister or above, and the United States efforts shall be led by the President or the Secretary of State and shall be both bilateral and multilateral. (8) The Iraq International Support Group shall enlist the participation of the office of the United Nations Secretary General in its work. The Secretary General should designate a Special Envoy as the representative of the Secretary General. (9) The Iraq International Support Group, as part of the diplomatic initiative, shall develop specific approaches to neighboring countries that take into account the differing interests, perspectives, and potential contributions of each such country. (10) Diplomatic efforts within the Iraq International Support Group shall seek to persuade Iran that it should take specific steps to improve the situation in Iraq, including the following: (A) Iran should stem the flow of equipment, technology, and training to any group resorting to violence in Iraq. (B) Iran should affirm its support for the territorial integrity of Iraq as a unified state, as well as its respect for the sovereignty of Iraq and its government. (C) Iran should use its influence, especially over Shia groups in Iraq, to encourage national reconciliation. (D) Iran should help in the economic reconstruction of Iraq. (11) The United States and the Iraq International Support Group shall encourage Syria to take specific steps to improve the situation in Iraq, including the following: (A) Syria should control its border with Iraq to the maximum extent possible and work together with Iraqis on joint patrols on the border to stem the flow of funding, insurgents, and terrorists in and out of Iraq. (B) Syria should establish hotlines to exchange information with the Iraqis. (C) Syria should increase its political and economic cooperation with Iraq. SEC. 203. RULE OF CONSTRUCTION. Nothing in this title shall be construed to prohibit or otherwise restrict the use of funds available to any department or agency of the United States to carry out social and economic reconstruction activities in Iraq. SEC. 204. REPORTS. The President shall submit to Congress every 30 days a report on the status of diplomatic efforts described in section 202.

Military Success in Iraq and Diplomatic Surge for National and Political Reconciliation in Iraq Act of 2007 - Makes specified declarations of policy, including that: (1) the Authorization for Use of Military Force Against Iraq Resolution of 2002 (the Iraq Resolution) is the sole basis of authority under which the President launched the invasion of Iraq in 2003; (2) Congress authorized the use of such force to defend U.S. national security and to enforce all relevant United Nations (UN) Security Council resolutions regarding Iraq; and (3) Congress has the ultimate authority to determine whether such objectives have been achieved. Repeals the Iraq Resolution. Requires the withdrawal, by the earlier of October 1, 2007, or 90 days after the enactment of this Act, of all units and members of U.S. Armed Forces deployed in Iraq, as well as all security forces under federal contract and working in Iraq. Provides exceptions. States as the policy of the United States to pursue regional and international initiatives to assist Iraq in achieving certain security, political, and economic milestones. Sets forth presidential actions to implement such policy.

To recognize the extraordinary performance of the Armed Forces in achieving the military objectives of the United States in Iraq, to terminate the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), to require congressional reauthorization to continue deployment of the Armed Forces to Iraq, and for other purposes.

SECTION 1. REHABILITATION AND REPAIR OF HIGH HAZARD POTENTIAL DAMS. (a) Definitions.--Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended-- (1) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs (5), (6), (7), (8), (9), (11), (13), (14), (15), and (16), respectively; (2) by inserting after paragraph (3) the following: ``(4) Eligible high hazard potential dam.-- ``(A) In general.--The term `eligible high hazard potential dam' means a non-Federal dam that-- ``(i) is classified as `high hazard potential' by the State dam safety agency in the State in which the dam is located; ``(ii) has an emergency action plan approved by the relevant State dam safety agency; and ``(iii) the State in which the dam is located determines-- ``(I) fails to meet minimum dam safety standards of the State; and ``(II) poses an unacceptable risk to the public. ``(B) Exclusion.--The term `eligible high hazard potential dam' does not include-- ``(i) a licensed hydroelectric dam; or ``(ii) a dam built under the authority of the Secretary of Agriculture.''; (3) by inserting after paragraph (9) (as redesignated by paragraph (1)) the following: ``(10) Non-federal sponsor.--The term `non-Federal sponsor', in the case of a project receiving assistance under section 8A, includes-- ``(A) a governmental organization; and ``(B) a nonprofit organization.''; and (4) by inserting after paragraph (11) (as redesignated by paragraph (1)) the following: ``(12) Rehabilitation.--The term `rehabilitation' means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.''. (b) Program for Rehabilitation and Repair of Deficient Dams.--The National Dam Safety Program Act is amended by inserting after section 8 (33 U.S.C. 467f) the following: ``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS. ``(a) Establishment of Program.--The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to non-Federal sponsors for rehabilitation of eligible high hazard potential dams. ``(b) Eligible Activities.--A grant awarded under this section for a project may be used for-- ``(1) repair; ``(2) removal; or ``(3) any other structural or nonstructural measures. ``(c) Award of Grants.-- ``(1) Application.-- ``(A) In general.--A non-Federal sponsor interested in receiving a grant under this section may submit to the Administrator an application for the grant. ``(B) Requirements.--An application submitted to the Administrator under this section shall be submitted at such time, be in such form, and contain such information as the Administrator may prescribe by regulation. ``(2) Grant.-- ``(A) In general.--The Administrator may make a grant in accordance with this section for rehabilitation of a high hazard potential dam to a non- Federal sponsor that submits an application for the grant in accordance with the regulations prescribed by the Administrator. ``(B) Project grant agreement.--The Administrator shall enter into a project grant agreement with the non-Federal sponsor to establish the terms of the grant and the project, including the amount of the grant. ``(C) Grant assurance.--As part of a project grant agreement under subparagraph (B), the Administrator shall require the non-Federal sponsor to provide an assurance, with respect to the dam to be rehabilitated under the project, that the owner of the dam has developed and will carry out a plan for maintenance of the dam during the expected life of the dam. ``(D) Limitation.--A grant provided under this section shall not exceed the lesser of-- ``(i) 12.5 percent of the total amount of funds made available to carry out this section; or ``(ii) $7,500,000. ``(d) Requirements.-- ``(1) Approval.--A grant awarded under this section for a project shall be approved by the relevant State dam safety agency. ``(2) Cost sharing.-- ``(A) In general.--Any assistance provided under this section for a project shall be subject to a non- Federal cost-sharing requirement of not less than 35 percent. ``(B) In-kind contributions.--The non-Federal share under subparagraph (A) may be provided in the form of in-kind contributions. ``(3) Allocation of funds.--The total amount of funds made available to carry out this section for each fiscal year shall be distributed as follows: ``(A) Equal distribution.--\1/3\ shall be distributed equally among the States in which the projects for which applications are submitted under subsection (c)(1) are located. ``(B) Need-based.--\2/3\ shall be distributed among the States in which the projects for which applications are submitted under subsection (c)(1) are located based on the proportion that-- ``(i) the number of eligible high hazard potential dams in the State; bears to ``(ii) the number of eligible high hazard potential dams in all States in which projects for which applications are submitted under subsection (c)(1). ``(e) Use of Funds.--None of the funds provided in the form of a grant or otherwise made available under this section shall be used-- ``(1) to rehabilitate a Federal dam; ``(2) to perform routine operation or maintenance of a dam; ``(3) to modify a dam to produce hydroelectric power; ``(4) to increase water supply storage capacity; or ``(5) to make any other modification to a dam that does not also improve the safety of the dam. ``(f) Contractual Requirements.-- ``(1) In general.--Subject to paragraph (2), as a condition on the receipt of a grant under this section, a non-Federal sponsor that receives the grant shall require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using funds from the grant be awarded in the same manner as a contract for architectural and engineering services is awarded under-- ``(A) chapter 11 of title 40, United States Code; or ``(B) an equivalent qualifications-based requirement prescribed by the relevant State. ``(2) No proprietary interest.--A contract awarded in accordance with paragraph (1) shall not be considered to confer a proprietary interest upon the United States. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2017 through 2027, to remain available until expended.''. SEC. 2. RULEMAKING. (a) Proposed Rulemaking.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding the amendments made by section 1 to the National Dam Safety Program Act (33 U.S.C. 467 et seq.). (b) Final Rule.--Not later than 150 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall promulgate a final rule regarding the amendments described in subsection (a).

This bill amends the National Dam Safety Program Act to direct the Federal Emergency Management Agency (FEMA) to establish a program to provide technical, planning, design, and construction assistance grants to non-federal sponsors for rehabilitation of eligible high hazard potential dams. The bill defines an "eligible high hazard potential dam" as a non-federal dam that: is classified as high hazard potential by the dam safety agency of the state in which the dam is located; has an emergency action plan approved by such agency; and fails to meet minimum state dam safety standards and poses an unacceptable risk to the public. An eligible high hazard potential dam does not include a licensed hydroelectric dam or a dam built under the authority of the Secretary of Agriculture. FEMA shall require a grant recipient to provide an assurance that the owner of the dam has developed and will carry out a plan for maintenance of the dam during its expected life. A grant must be approved by the relevant state dam safety agency. Grant funds shall be allocated to all states from which applications are submitted based on each state's relative number of eligible high hazard potential dams compared to all states. Grant funds may not be used to: rehabilitate a federal dam, perform routine operation or maintenance of a dam, modify a dam to produce hydroelectric power, increase water supply storage capacity, or make any other modification that does not also improve the safety of the dam.

A bill to amend the National Dam Safety Program Act to establish a program to provide grant assistance for the rehabilitation and repair of high hazard potential dams, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Access to Credit Act of 2010''. SEC. 2. BUSINESS AND INDUSTRY DIRECT AND GUARANTEED LOANS. (a) Tangible Equity Requirements.--Section 310B(d) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(d)) is amended by striking paragraph (6) and inserting the following: ``(6) Equity.--In the case of direct or guaranteed loans under this section, the Secretary shall use commercial lending standards in determining any equity requirement.''. (b) General Terms.--Section 310B(g) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)) is amended by adding at the end the following: ``(10) General terms.-- ``(A) Maximum loan guarantee amount.-- ``(i) In general.--Notwithstanding any other provision of this Act, during the period beginning on the date of enactment of this paragraph and ending on December 31, 2011, the Secretary shall guarantee up to 90 percent of a business and industry loan in an amount of up to $10,000,000 that is a high priority project, as determined based on published criteria of the Secretary that includes rural economic factors. ``(ii) Subsequent fiscal years.-- Notwithstanding any other provision of this Act, beginning on January 1, 2012, the Secretary may guarantee up to 80 or 90 percent (as determined by the Secretary) of a business and industry loan in an amount of up to $10,000,000 that is a high priority project, as determined based on criteria described in clause (i). ``(B) Line-of-credit loans.--In guaranteeing business and industry loans, the Secretary shall guarantee line-of-credit loans in accordance with section 316(c). ``(C) Refinancing.-- ``(i) In general.--A business and industry loan may be used by a small business to refinance debt in existence as of the day before the date on which the loan was made or guaranteed, if-- ``(I) the project for which the debt was incurred is viable and will create or save jobs, as determined by the Secretary; and ``(II) as of the date of application for refinancing-- ``(aa) the underlying loan has been current for at least 1 year; and ``(bb) the lender is providing better rates and longer terms than under the original loan. ``(ii) Subordinated owner debt.-- Subordinated owner debt shall not be eligible for inclusion in debt described in clause (i). ``(D) Audit standards.--Notwithstanding any other provision of law, the Secretary-- ``(i) shall not require audited financial statements consistent with generally accepted accounting principles for business and industry loans of less than $1,000,000; and ``(ii) may waive any requirement for audited financial statements consistent with generally accepted accounting principles for business and industry loans of at least $1,000,000. ``(E) Calculation of delinquency rates.--To allow accurate comparison of delinquency rates among Federal agencies, in calculating the delinquency rate for business and industry loans, the Secretary shall use the calculation method used by the Administrator of the Small Business Administration.''. (c) Sense of Congress Relating to the Rural Microentrepreneur Assistance Program.--It is the sense of Congress that in allocating discretionary funds of the Secretary of Agriculture, the Secretary of Agriculture should give priority to the rural microentrepreneur assistance program established under section 379E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s). (d) Budgetary Effects.--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 Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Rural Access to Credit Act of 2010 - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture (USDA) to use commercial lending standards in determining equity requirements for rural entity direct or guaranteed loans. Directs the Secretary, through December 31, 2011, to guarantee up to 90% of high priority business and industry loans up to $10 million. Authorizes the Secretary, beginning on January 1, 2012, to guarantee up to 80% or 90% of high priority business and industry loans up to $10 million. Directs the Secretary to guarantee related line-of-credit loans. Authorizes business and industry loans to be used for refinancing. Waives audit requirements for business and industry loans under $1 million. Authorizes audit waiver for loans of at least $1 million. Directs the Secretary to use the Small Business Administration (SBA) calculation method in calculating the delinquency rate for business and industry loans. Expresses the sense of Congress that in allocating discretionary funds the Secretary should give priority to the rural microentrepreneur assistance program.

A bill to amend the Consolidated Farm and Rural Development Act to improve the business and industry direct and guaranteed loan program of the Department of Agriculture.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 2014''. SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS. (a) Authorization To Collect Debts and Erroneous Payments From Employees.-- (1) In general.--Chapter 17 of title 11, District of Columbia Official Code, is amended by adding at the end of subchapter II the following new section: ``Sec. 11-1733. Collection, compromise, and waiver of employee debts and erroneous payments ``(a) Collection of Debts and Erroneous Payments Made to Employees.-- ``(1) Authority to collect.--If the Executive Officer determines that an employee or former employee of the District of Columbia Courts is indebted to the District of Columbia Courts because of an erroneous payment made to or on behalf of the employee, or any other debt, the Executive Officer may collect the amount of the indebtedness in accordance with this subsection. ``(2) Timing of collection.--Any debt authorized to be collected under this subsection may be collected in monthly installments or at officially established regular pay period intervals, by deduction in reasonable amounts from the current pay of the employee. ``(3) Source of deductions.--Deductions described in paragraph (2) may be made from any wages, salary, compensation, remuneration for services, or other authorized pay, including but not limited to incentive pay, back pay, and lump sum leave payments, but not including retirement pay. ``(4) Limit on amount.--The amount deducted with respect to an employee for any period may not exceed 20 percent of the employee's disposable pay, except that a greater percentage may be deducted upon consent of the employee involved. ``(5) Collections after employment.--If an employee's employment ends before collection of the amount of the employee's indebtedness is completed, deductions may be made from later non-periodic government payments of any nature due the former employee, except retirement pay, and such deductions may be made without regard to the limit under paragraph (4). ``(b) Notice and Hearing Required.-- ``(1) In general.--Except as provided in paragraph (3), prior to initiating any proceedings under subsection (a) to collect any indebtedness of an individual, the Executive Officer shall provide the individual with-- ``(A) a minimum of 30 days written notice, informing such individual of the nature and amount of the indebtedness determined by the District of Columbia Courts to be due, the intention of the Courts to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this section; ``(B) an opportunity to inspect and copy Court records relating to the debt; ``(C) an opportunity to enter into a written agreement with the Courts, under terms agreeable to the Executive Officer, to establish a schedule for the repayment of the debt; and ``(D) an opportunity for a hearing in accordance with paragraph (2) on the determination of the Courts concerning the existence or the amount of the debt, and in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to subparagraph (C), concerning the terms of the repayment schedule. ``(2) Procedures for hearings.-- ``(A) Availability of hearing upon request.--A hearing under this paragraph shall be provided if the individual, on or before the fifteenth day following receipt of the notice described in paragraph (1)(A), and in accordance with such procedures as the Executive Officer may prescribe, files a petition requesting such a hearing. ``(B) Basis for hearing.--Unless the hearing officer determines that the existence or the amount of the debt turns on an issue of credibility or veracity or cannot be resolved by a review of the documentary evidence, the hearing shall be on the written submissions. ``(C) Stay of collection proceedings.--The timely filing of a petition for hearing shall stay the commencement of collection proceedings. ``(D) Independent officer.--A hearing under this paragraph shall be conducted by an independent hearing officer appointed in accordance with regulations promulgated under subsection (e). ``(E) Deadline for decision.--The hearing officer shall issue a final decision regarding the questions covered by the hearing at the earliest practicable date, but not later than 60 days after the hearing. ``(3) Exception.--Paragraphs (1) and (2) shall not apply to routine intra-Courts adjustments of pay that are attributable to clerical or administrative errors or delays in processing pay documents that have occurred within the 4 pay periods preceding the adjustment and to any adjustment that amounts to $50 or less, if at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment. ``(c) Compromise.-- ``(1) Authority to compromise claims.--The Executive Officer may-- ``(A) compromise a claim to collect an indebtedness under this section if the amount involved is not more than $100,000; and ``(B) suspend or end collection action on such a claim if it appears that no person liable on the claim has the present or prospective ability to pay a significant amount of the claim or if the cost of collecting the claim is likely to be more than the amount recovered. ``(2) Effect of compromise.--A compromise under this subsection is final and conclusive unless gotten by fraud, misrepresentation, presenting a false claim, or mutual mistake of fact. ``(3) No liability of official responsible for compromise.--An accountable official is not liable for an amount paid or for the value of property lost or damaged if the amount or value is not recovered because of a compromise under this subsection. ``(d) Waiver of Claim.-- ``(1) Authority to waive claims.--Upon application from a person liable on a claim to collect an indebtedness under this section, the Executive Officer may, with written justification, waive the claim if collection would be-- ``(A) against equity; ``(B) against good conscience; and ``(C) not in the best interests of the Courts. ``(2) Limitations on authority.--The Executive Officer may not exercise the authority under this subsection to waive a claim if-- ``(A) in the Executive Officer's opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee, former employee, or any other person having an interest in obtaining a waiver of the claim; or ``(B) the application for waiver is received in the Executive Officer's office after the expiration of 3 years immediately following the date on which the erroneous payment was discovered or 3 years after the date of the enactment of this section, whichever is later, except if the claim involves money owed for Federal health benefits, Federal life insurance, or Federal retirement benefits. ``(3) Denial of application for waiver.--A decision by the Executive Officer to deny an application for a waiver under this subsection shall be the final administrative decision of the District government. ``(4) Refund of amounts already collected against claim subsequently waived.--If the Courts have been reimbursed for a claim under this section in whole or in part, and a waiver of the claim is then granted, the employee or former employee shall be entitled to a refund of the amount of the reimbursement upon application for that refund, so long as the application is received not later than 2 years after the effective date of the waiver. ``(5) Effect on accounts of courts.--In the audit and settlement of accounts of any accountable official, full credit shall be given for any amounts with respect to which collection by the Courts is waived under this subsection. ``(6) Validity of payments.--An erroneous payment or debt, the collection of which is waived under this subsection, is a valid payment for all purposes. ``(7) No effect on other authorities.--Nothing contained in this subsection shall be construed to affect in any way the authority under any other statute to litigate, settle, compromise, or waive any claim of the District of Columbia. ``(e) Regulations.--The Executive Officer's authority under this section shall be subject to regulations promulgated by the Joint Committee on Judicial Administration.''. (2) Clerical amendment.--The table of contents of chapter 17 of title 11, District of Columbia Official Code, is amended by adding at the end of the items relating to subchapter II the following new item: ``11-1733. Collection, compromise, and waiver of employee debts and erroneous payments.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to erroneous payments made and debts incurred before, on, or after the date of the enactment of this Act. (b) Authorization To Purchase Uniforms for Personnel.--Section 11- 1742(b), District of Columbia Official Code, is amended by adding at the end the following new sentence: ``Under the authority of the previous sentence, the Executive Officer may purchase uniforms to be worn by nonjudicial employees of the District of Columbia Courts whose responsibilities warrant the wearing of uniforms, so long as the cost of furnishing a uniform to an employee during a year does not exceed the amount applicable for the year under section 5901(a)(1) of title 5, United States Code (relating to the uniform allowance for employees of the Government of the United States).''. SEC. 3. AUTHORITIES OF COURT SERVICES AND OFFENDER SUPERVISION AGENCY. (a) Authority To Develop and Operate Incentive Programs for Sentenced Offenders.--Section 11233(b)(2)(F) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24- 133(b)(2)(F), D.C. Official Code) is amended by striking ``sanctions'' and inserting ``sanction and incentive''. (b) Permanent Authority To Accept Gifts.--Section 11233(b)(3)(A) of such Act (sec. 24-133(b)(3)(A), D.C. Official Code) is amended to read as follows: ``(A) Authority to accept gifts.--The Director may accept, solicit, and use on behalf of the Agency any monetary or nonmonetary gift, donation, bequest, or use of facilities, property, or services for the purpose of aiding or facilitating the work of the Agency.''. (c) Permanent Authority To Accept and Use Reimbursements From District Government.--Section 11233(b)(4) of such Act (sec. 24- 133(b)(4)) is amended by striking ``During fiscal years 2006 through 2008, the Director'' and inserting ``The Director''. SEC. 4. AUTHORITIES OF PUBLIC DEFENDER SERVICE. (a) Acceptance and Use of Services of Volunteers.--Section 307(b) of such Act (sec. 2-1607(b), D.C. Official Code) is amended by striking ``the Service may accept public grants and private contributions made to assist it'' and inserting ``the Service may accept and use public grants, private contributions, and voluntary and uncompensated (gratuitous) services to assist it''. (b) Treatment of Members of Board of Trustees as Employees of Service for Purposes of Liability.-- (1) In general.--Section 303(d) of such Act (sec. 2- 1603(d), D.C. Official Code) is amended by striking ``employees of the District of Columbia'' and inserting ``employees of the Service''. (2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in the enactment of the District of Columbia Courts and Justice Technical Corrections Act of 1998 (Public Law 105-274). Passed the House of Representatives July 14, 2014. Attest: KAREN L. HAAS, Clerk.

. District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 2014 - (Sec. 2) Amends the District of Columbia Code to authorize the Executive Officer of the District of Columbia courts to: collect debts owed to the District of Columbia Courts because of erroneous payments made to current and former court employees, or any other debt; and purchase uniforms to be worn by certain nonjudicial employees of the District courts, so long as the cost of furnishing a uniform during a year does not exceed the amount applicable to the uniform allowance for federal employees. (Sec. 3) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 (NCRS-GIA) to authorize the Director of the Court Services and Offender Supervision Agency to develop and operate intermediate incentive programs for sentenced offenders. Makes permanent the Director's authority to accept, solicit, and use on behalf of the Agency: (1) any monetary or nonmonetary gift, donation, bequest, or use of facilities, property, or services to aid or facilitate the work of the Agency; and (2) reimbursements from the District government for space and services provided, on a cost reimbursable basis. (Sec. 4) Amends the NCRS-GIA to: authorize the Public Defender Service, upon approval of the Board of Trustees, to accept and use public grants, private contributions, and voluntary and uncompensated (gratuitous) services to assist it. (Currently, the Service is authorized only to accept but not use these grants and contributions.); and deem members of the Board of Trustees, as of October 21, 1998, to be employees of the Service instead of District employees for purposes of any action brought against them.

District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Recovery On-the-Job Training Act of 2013''. SEC. 2. ON-THE-JOB TRAINING FOR ECONOMICALLY DISADVANTAGED AREAS. (a) Amendment to the Workforce Investment Act of 1998.--The Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) is amended by inserting after section 173A (29 U.S.C. 2918a) the following: ``SEC. 173B. ON-THE-JOB TRAINING FOR ECONOMICALLY AND EXTREMELY ECONOMICALLY DISADVANTAGED AREAS. ``(a) Definitions.--As used in this section-- ``(1) the term `economically disadvantaged area' means an area for which there is a single 5-digit postal zip code, and which includes any portion of a census tract in which the median annual household income is less than $40,000 per year; ``(2) the term `extremely economically disadvantaged area' means any area which there is a single 5-digit postal zip code, and includes any portion of a census tract in which the median household income is less than $32,000 per year; and ``(3) the term `median household income' means the median annual household income as determined by the 2010 census and as updated by the American Community Survey of the Bureau of the Census. ``(b) Grants.-- ``(1) In general.--From the amounts made available under subsection (h), and subject to paragraph (2) and subsection (d), the Secretary shall make grants, on a discretionary basis, to State and local boards, for adult on-the-job training, or dislocated worker on-the-job training, carried out under section 134 and for State and local board functions described in subsection (f) within economically disadvantaged areas and extremely economically disadvantaged areas. ``(2) Extremely economically disadvantaged areas.--In making grants under this subsection for a fiscal year, the Secretary shall ensure that of the amount made available under subsection (h) for such fiscal year, the Secretary uses 25 percent more of such funds to make grants to State and local boards located within extremely economically disadvantaged areas than to such boards located within economically disadvantaged areas. ``(c) Application.--To be eligible to receive a grant under subsection (b), a State or a local board shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In preparing such an application for a grant under subsection (b), a local board shall consult with the corresponding State. ``(d) Reimbursement of Wage Rates.--Notwithstanding the limitation in section 101(31)(B), in making the grants described in subsection (b), the Secretary may allow for higher levels of reimbursement of wage rates the Secretary determines are appropriate based on factors such as-- ``(1) employer size, in order to facilitate the participation of small- and medium-sized employers; ``(2) target populations, in order to enhance job creation for persons with barriers to employment; and ``(3) the number of employees that will participate in the on-the-job training, the wage and benefit levels of the employees (before the training and anticipated on completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the existence of other employer-provided training and advancement opportunities. ``(e) Administration by Secretary.--The Secretary may use an amount that is not more than 1 percent of the funds made available under subsection (h) for the administration, management, and oversight of the programs, activities, and grants, funded under subsection (b), including the evaluation of, and dissemination of information on lessons learned through, the use of such funds. ``(f) State Oversight and Monitoring.--A local board that receives a grant under subsection (b) and is located in a State, shall provide not less than 5 percent of the grant funds to the State for State functions described in sections 136(f), 184, and 185. ``(g) Rule of Construction.--Nothing in this section shall be construed to affect the manner in which subtitle B is implemented, for activities funded through amounts appropriated under section 137. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. ``(i) Areas Not Within Census Tracts.--In the case of an area which is not tracted for population census tracts, the equivalent county divisions (as defined by the Bureau of the Census for purposes of defining poverty areas) shall be used for purposes of determining median annual household income.''. (b) Table of Contents Amendment.--The table of contents in section 1(b) of the Workforce Investment Act of 1998 (20 U.S.C. 9201 note) is amended by inserting after the item relating to section 173A the following new item: ``Sec. 173B. On-the-job training for economically and extremely economically disadvantaged areas.''.

Economic Recovery On-the-Job Training Act of 2013 - Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to make discretionary grants to state and local boards for adult on-the-job training or dislocated worker on-the-job training programs within economically disadvantaged areas and extremely economically disadvantaged areas. Requires the Secretary to ensure that state and local boards within extremely economically disadvantaged areas receive 25% more authorized grant funds than those within economically disadvantaged areas. Defines "economically disadvantaged area" to mean any area for which there is a single five-digit postal zip code, and which includes any portion of a census tract where the median annual household income is less than $40,000 per year. Defines "extremely economically disadvantaged area" similarly, except for a median annual household income of less than $32,000 per year.

Economic Recovery On-the-Job Training Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Employment Dispute Resolution Act of 2001 (NEDRA)''. SEC. 2. FINDINGS. The Congress finds the following: (1) The prohibitive costs and emotional toll of litigation as well as the growing backlog of employment civil rights claims and lawsuits has impeded the protection and enforcement of workplace civil rights. (2) Mediation is an economical, participatory, and expeditious alternative to traditional, less cooperative methods of resolving employment disputes. (3) Mediation enables disputants to craft creative solutions and settlements, surpassing the reach of traditional remedies, thereby possibly protecting the continuity of the employment relationship. (4) As we enter the new millennium, a national program of directed or required participation in mediation where any settlement is voluntary mandated mediation for certain employment and contract disputes, will help fulfill the goal of equal opportunity in work and business places of the United States. (5) Overt and subtle discrimination still exists in our society and in the workplace. (6) Overt and subtle forms of discrimination cause substantial measurable economic and noneconomic costs to employers and the American workforce, create a barrier to fully realizing equal opportunity in the workplace, and are contrary to public policy promoting equal opportunity in the workplace. (b) Purposes.--The purposes of this Act are-- (1) to establish a fair and effective alternative means by which employees and covered employers may have an increased likelihood of resolving both alleged overt and subtle forms or acts of discrimination without the necessity of the employee taking some form of legal action against the employer, (2) in accordance with the various public policies encouraging the use of mediation, to make mediation available at an early stage of an employment dispute, thus-- (A) possibly reducing economic and noneconomic costs, (B) preserving the employment relationship and decreasing acrimony, and (C) decreasing the filing of a number of formal discrimination complaints, charges, and lawsuits and further burdening our public justice system, and (3) to provide that the participation in mediation shall not preclude either the employee-disputant or covered employer- disputant from having access to the public justice system. SEC. 3. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. (a) Federal Employees.--Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) is amended-- (1) in section 706(a) by inserting after the 7th sentence the following: ``Regardless of whether the Commission makes an investigation under this subsection, the Commission shall provide counseling services regarding, and endeavor to responsibly address and resolve, claims of unlawful discrimination using certified contract mediators.'', and (2) in section 711(a) by adding at the end the following: ``Every employer, employment agency, and labor organization shall provide to each employee and each member, individually, a copy of the materials required by this section to be so posted.''. (b) Office of Federal Contract Compliance.--Section 718 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-17) is amended-- (1) by inserting ``(a)'' after ``Sec. 718'', and (2) by adding at the end the following: ``(b) The Office of Federal Contract Compliance shall endeavor to responsibly address and resolve any alleged discrimination using mediation with respect to which this section applies. ``(c) An employer who establishes, implements an approved internal conflict management program or system providing the use of a certified mediator participates in mediation under this section shall be given preferred status in contract bidding for additional and for maintaining current Federal Government contracts. ``(d) An employer who is a party to a Government contract or the agency of the United States shall assume the costs of mediation under this section, including the fees of the mediator and any travel and lodging expenses of the employee, if such travel exceeds 25 miles, one way. Any settlement shall include, among other things, any appropriate and reasonable attorney fees. ``(e) Retaliation by an employer who is a party to a Government contract or the agency of the United States, or the destruction of evidence, shall result in the imposition of appropriate civil or criminal sanctions. The participation in mediation shall be at the option of the employee. The participation in mediation shall not preclude the employee's access to any State, local, or Federal EEO enforcement agency or any State or Federal court. ``(f) The Office of Federal Contract Compliance shall have authority over employers who are parties to Government contracts that fail to comply with this section. Failure to comply shall result in the loss of a current Government contract and disqualification from consideration for future Government contracts. ``(g) No resolution by the disputants may contravene the provisions of a valid collective bargaining agreement between an employer who is a part to a Government contract and a labor union or certified bargaining representative. Any voluntary settlement outcome and agreement may not be in conflict with the collective bargaining agreement.''. SEC. 4. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967. The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) is amended-- (1) in section 7(e) by inserting after the 2d sentence the following: ``The Commission shall provide counseling services regarding, and endeavor to responsibly address and resolve, claims of unlawful discrimination using certified contract mediators.'', and (2) in section 8 by adding at the end the following: ``Every employer, employment agency, and labor organization shall provide to each employee and each member, individually, a copy of the materials required by this section to be so posted.''. SEC. 5. AMENDMENT TO AMERICANS WITH DISABILITIES ACT OF 1990. Section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)) is amended by adding at the end the following: ``The Commission shall provide counseling services regarding, and endeavor to responsibly address and resolve, claims of unlawful discrimination using certified contract mediators.''. SEC. 6. MEDIATION. (a) Definitions.--For purposes of this section: (1) The term ``employer'' means any Federal agency (including Federal courts) or business enterprise receiving Federal funds of $200,000 or greater or having 20 or more employees. (2) The term ``mediator'' means any neutral, third-party, including an attorney and a nonattorney, who is trained in the mediation process and has a demonstrable working knowledge in relevant EEO and employment law, including a third party who is-- (A) appointed or approved by a competent court, the Equal Employment Opportunity Commission, a certified mediation center, or a university, or (B) jointly chosen by the disputants. (3) The term ``trained mediation professional'' means a person who-- (A) has participated in employment mediation training of 40 or more hours, or (B) has co-mediated with or been supervised by another trained certified mediation professional for at least three employment or contract dispute cases of no fewer than 15 hours. (4) The term ``certified mediation center'' includes any private or public entity that is qualified to facilitate the employment or contract mediation process and provide training on employment and contract dispute resolution, including, but not limited to, the American Arbitration Association, the American Bar Association, the Center for Employment Dispute Resolution, CPR Conflict Institute, JAMS/Endispute, United States Arbitration and Mediation, Inc., Institute on Conflict Resolution at Cornell University, and the Society of Professionals in Dispute Resolution. (b) Requirements.--(1) All employers shall-- (A) establish an internal dispute resolution program or system that provides, as a voluntary option, employee-disputant access to external third-party certified mediators, (B) participate in mediation if the employee has exhausted the internal dispute resolution program or system and has formally requested mediation without the filing of a charge or lawsuit, and (C) participate in mediation if the claimant has filed a charge or lawsuit and the claimant formally requests mediation. (2) While the mediation settlement outcome would be voluntary, the employer shall participate in mediation where the employee-disputant has expressed a desire to mediate. (3) Under all circumstances, the employee-disputant is entitled to legal representation. (4) Employers shall inform employee-disputants of the mediation alternative and their respective rights thereof, and the employee- disputant would have 30 days in which to decide whether to participate in mediation. (5) When an employee-disputant voluntarily agrees to participate in the mediation process, any applicable statute of limitations shall be tolled, and the private tolling agreement shall be enforceable in any court of competent jurisdiction. (6) The employee and employer disputants shall not have more than 90 days within which to resolve the dispute. (7) Should mediation prove unsuccessful, the employer shall again inform the employee-disputant of their rights, in writing including the right to pursue the matter under any applicable State, county, local ordinance, or Federal statutes. (8) Consistent with section 705 of the Civil Rights Act of 1964, the Equal Employment Opportunity Commission, and any State or local authority involved in proceedings described in section 706, shall offer technical assistance to any unrepresented or self-represented party, provided that a formal complaint has been filed with the Commission or such authority. Such assistance shall include, but not be limited to-- (A) pre-mediation counseling, (B) assistance in understanding the status of relevant case law, (C) assistance in what would be the appropriate remedy if the instant claim were to be found to have merit, and (D) assistance in drafting any post-mediation settlement agreement or resolution. (9) Submission of a claim for mediation shall not preclude either the claimant or respondent from seeking other appropriate relief on that claim, except that neither party shall seek other relief until the mediation process has concluded. (10) Any settlement as a result of the mediation process shall be strictly voluntary and remain confidential except for research and evaluation purposes. (11) In every case, the privacy, privilege, and confidentiality of all parties to the dispute shall be preserved, including complaint intake personnel and mediation consultations. (c) Attorney's Obligation To Advise Clients of Mediation.--For the purposes of this Act and all of the other related statutes, attorneys and consultants are legally obliged to advise their clients of the existence of the mediation alternative and their obligations under the Act to participate in mediation in ``good faith''. (d) Judicial Enforcement.--Either party to a mediation agreement to bring an action of enforcement in a Federal district court of competent jurisdiction, however any matter discussed or material presented during mediation shall not be used in any subsequent local, State, or Federal administrative or court proceeding. The confidential provisions of any internal conflict management program or system or agreement to mediations shall be immune from attack by any third party.

National Employment Dispute Resolution Act of 2001 (NEDRA) - Amends title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990 to require the pertinent agency or entity to: (1) provide counseling services regarding, and endeavor to address and resolve, claims of unlawful discrimination using certified contract mediators; and (2) disseminate information regarding such services to employees and members.Mandates that any Federal agency or court (or business enterprise receiving $20,000 or more in Federal funds, or having 20 or more employees): (1) establish an internal dispute resolution mechanism that provides, as a voluntary option, employee-disputant access to external third-party certified mediators; and (2) participate in mediation in specified circumstances. Prescribes mediation guidelines.States that attorneys and consultants are legally obligated to advise their clients of the mediation alternative and their obligations to participate in "good faith".

To amend title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Vocational Rehabilitation Act of 1973, and the Civil Rights Act of 1991, to require the Equal Employment Opportunity Commission to mediate employee claims arising under such Acts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Court Act of 2000''. SEC. 2. DEFINITIONS. In this Act: (1) Drug courts.--The term ``drug courts'' means a Federal district court of general jurisdiction in a high drug crime district, as defined by the Department of Justice, that will-- (A) expedite the criminal justice process for eligible offenders until such time as they are declared ineligible or selected for inclusion in a drug court program; and (B) maintain jurisdiction over the offenders' cases before, during, and after participation in the program. (2) Drug court program.--The term ``drug court program'' means a program for substance abuse treatment and rehabilitation for eligible offenders that-- (A) requires a successful plea agreement immediately following conviction or in lieu of incarceration; and (B) is operated by a drug court in a State criminal justice system that has agreed to accept, for a fee per offender, all offenders selected for inclusion in such a program by a Federal drug court. (3) Eligible offender.--The term ``eligible offender'' means a person who meets the requirements established in section 4 of this Act. (4) Office.--The term ``Office'' means the Office of Justice Programs of the Department of Justice. SEC. 3. AUTHORIZATION OF DRUG COURTS. (a) Establishment of Drug Courts.--10 Federal district courts in the United States, as selected by the Office, are authorized to establish drug courts under this Act. (b) Drug Court Responsibilities.--Each Federal drug court shall enter into an agreement with a State drug court program that will allow all eligible offenders to participate in the drug court program of that State, in exchange for the payment of a fee equal to the amount of the cost of the program for that offender. Each such agreement shall be subject to the approval of the Office. (c) Oversight.--Except as specified in this Act, rules governing drug courts will be promulgated separately by each participating Federal district court, with the advice of the Office, and subject to Department of Justice approval. SEC. 4. ELIGIBLE OFFENDERS. (a) In General.--An ``eligible offender'' means a person who, by virtue of a Federal crime committed and other factors that the drug court may consider, may be considered for inclusion in the drug court program. (b) Program Participants.--Drug court program eligibility under this Act shall not be available to any offender who-- (1) is accused of violent criminal offenses; (2) is not accused of drug, drug-related, or drug-motivated offenses; (3) has previously been convicted of a Federal or State violent felony offense; or (4) for any other reason within the discretion of the court, does not meet all requirements of the applicable drug court. (b) Additional Eligibility Requirements.--In addition to the criteria in subsection (a), no offender will be considered eligible for participation in a drug court program unless, following a reasonable investigation conducted according to standards set by the court, and one or more hearings before the court, consensus agreement is achieved among the prosecutor, the defense counsel, and the presiding judge, that the offender is a person who-- (1) currently suffers from a drug dependency; (2) would benefit from the drug court program; and (3) is appropriate for inclusion in the drug court program. (c) Ineligible Offender Handling.--If at any point before admission into the drug court program, an offender is found ineligible for participation in a drug court program under this Act, the case of that offender shall be processed by the Federal district court under the applicable rules of procedure and sentencing. (d) Requirements for Drug Program Participants.--Each eligible offender shall understand, sign, and acknowledge understanding of drug court documents, including-- (1) a waiver of the right of the offender to a speedy trial; (2) a written plea agreement that sets forth the offense charged, the sanction to be imposed in the event of a breach of the agreement, and the penalty to be imposed, if any, in the event of a successful completion of the drug court program, except that incarceration may not be imposed upon successful completion of the program; (3) a written treatment plan that is subject to modification at any time during the drug court program; (4) a written performance contract requiring the offender to enter the drug court program as directed by the court and participate until completion, withdrawal, or removal by the court; and (5) a limited applicability waiver of confidentiality for information relating to the treatment program of the offender, and progress in that program, limited only to agencies and parties participating in the drug court program, and agencies and parties participating in oversight of the case of the offender by the drug court. SEC. 5. DRUG COURT OPERATIONS. (a) Identification of Drug Program Participants.--The Office of the United States Attorney office in a Federal drug court, through the Office, shall establish procedures for the identification of eligible offenders not later than 30 days after the date of arrest of the alleged offender. (b) Participant Fitness Examination.--A United States Attorney, defense counsel, and a treatment professional affiliated with the drug court program in which the offender would be placed, shall separately conduct investigations regarding the eligibility of an offender for inclusion in the drug court program. Upon a finding by any of the examining parties that the offender is ineligible to participate in the drug court program, the alleged offender shall be subject to prosecution under the applicable rules of procedure and sentencing. (c) Hearing.--Upon agreement of the prosecutor, defense counsel, and treatment professional that an offender is eligible for the drug court program, the prosecutor, defense counsel, treatment professional, and offender shall appear for a hearing before a drug court judge, who shall receive testimony from each of the examining parties. (d) Judicial Discretion.--Upon a finding by the judge that the offender is eligible for inclusion in the drug court program, the judge shall obtain from the offender all appropriate drug court documents, and the offender shall immediately be removed to the custody of the drug treatment program. Should the offender not agree to any of the conditions of participation in the drug court program, the offender shall be subject to prosecution under the applicable rules of procedure and sentencing. (e) Drug Court Responsibilities.--The drug court shall-- (1) assign to the drug court program responsibility over all treatment, supervision, education, job skills training, and other ancillary services incidental to the program; (2) hold regular hearings, attended by the judge, prosecutor, defense counsel, and treatment professional to assess the progress of the offender within the drug court program; and (3) assess any and all disciplinary sanctions, penalties, and fines resulting from a violation by the offender of the drug court program plea agreement. (f) Disciplinary Sanctions.--The drug court shall establish methods for measuring application of disciplinary sanctions, which may include-- (1) short term confinement; (2) reintroducing the offender into the drug court program after a disciplinary action for a minor violation of the treatment plan; and (3) removal from the drug court program and reinstatement of the criminal case. (g) Drug Court Records.--All drug courts shall maintain records regarding rates of recidivism, relapses, restarts, sanctions imposed, and incentives given. All such data shall be collected and reported annually by the Office. (h) Administrative Fees.--For each offender admitted to the drug court program, the drug court shall pay to the drug court program an amount agreed upon at the outset of the relationship between the drug court and drug court program. This amount shall represent payment for the cost of treatment, supervision, rehabilitation, education, job skills training, and other ancillary services that the program of the offender shall require. SEC. 6. DRUG COURT PROGRAM PARTICIPANT SUPPORT. (a) In General.--Each drug court program shall provide all participating offenders with a personalized program, including elements of treatment, supervision, rehabilitation, education, and job skills training, and other ancillary services that the program of the offender shall require. (b) Participant Development.--Each drug court program shall ensure, at a minimum-- (1) strong linkage between all agencies participating in the drug court program, and the drug court judge, prosecutor, and defense counsel responsible for oversight of the case; (2) access for all participating agencies to information on the progress of the offender within the program, notwithstanding normally confidential treatment and counseling information; (3) vigilant supervision and monitoring procedures; (4) random substance abuse testing not less frequently than weekly; (5) provisions for noncompliance, modification of the treatment plan, and revocation proceedings; (6) availability of residential treatment facilities and outpatient services; and (7) methods for measuring performance-based effectiveness of the services of individual treatment providers. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Subject to an appropriations Act, there is authorized to be appropriated for each of fiscal years 2000 through 2004, the following amounts: (1) $15,000,000, to the Office, to carry out a pilot program to establish a Federal drug court in each of 10 cities in the United States that are statistically considered high drug crime areas. (2) $5,000,000 to the Department of Justice, for additional prosecutorial resources, including personnel, dedicated to drug enforcement in each of the 10 cities in which a Federal drug court is established under this Act.

Excludes as an "eligible offender" a person who: (1) is accused of violent criminal offenses; (2) is not accused of drug, drug-related, or drug-motivated offenses; (3) has previously been convicted of a Federal or State violent felony offense; or (4) for any other reason within the court's discretion does not meet all requirements of the applicable drug court. Sets forth provisions regarding offender eligibility requirements, the handling of ineligible offenders, requirements for drug program participants, identification of drug program participants, participant fitness examination, eligibility hearings, judicial discretion regarding eligibility, drug court responsibilities, disciplinary sanctions, drug court records, and administrative fees. Requires that each program provide all participating offenders with a personalized program, including required elements of treatment, supervision, rehabilitation, education, and job skills training.

Drug Court Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Invasive Pest Control Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) the importation of unprocessed logs, lumber, and other unmanufactured wood articles into the United States may result in the introduction of nonindigenous pests and pathogens to native North American forests; (2) when environmental conditions are favorable, nonindigenous pests and pathogens may prey on and devastate native North American tree species, devastate habitat, disrupt other native species and the environment, and disrupt the economy of affected forest areas; (3) the Comptroller General of the United States has reported that the potential economic disruption to communities affected by nonindigenous pests and pathogens entering the United States, including forest pests, costs an estimated $41,000,000,000 annually in lost production and expenses for prevention and control; (4) commercial forestry is estimated to lose forest products valued at $4,000,000,000 each year due to infestations of nonindigenous pests and pathogens; (5) once introduced into the United States on unprocessed logs, lumber, and other unmanufactured wood articles, nonindigenous pests and pathogens are unintentionally or unknowingly transported and introduced into inland forests and habitats by truck transport and train shipment to mills, consumers, and producers and by a variety of other means, including wind, water, and wildlife; (6) examples of nonindigenous pests and pathogens infesting forests of the United States that have caused or have the potential to cause adverse economic and ecological effects include-- (A) Dutch Elm disease, which-- (i) was introduced into the United States in the 1920's with a shipment of European logs delivered to the Port of New York and then forwarded to the Midwest by train; (ii) has spread throughout the United States, now to an estimated 1,000,000 trees; and (iii) has decimated the American and other native elm species; (B) the Gypsy Moth, which-- (i) has no natural predators in the United States; (ii) spread rapidly and now infests Northeast forest in approximately 200,000 square miles, with smaller infestations occurring in several other areas from the Carolinas to British Columbia; and (iii) feeds on hundreds of different tree species and during outbreaks can defoliate many hardwood and shrub species in their path, seriously weakening trees and stunting the growth of, and eventually killing, many of the trees; (C) the Asian Long-Horned Beetle, which-- (i) is a new exotic pest that has been discovered at ports across the United States; (ii) has no natural enemies and has attacked mostly Norway and sugar maples, some of the most valuable trees in the Northeast; and (iii) is considered a serious threat to the maple sugar industry, lumber industry, homeowner property values, and tourism in the Northeast; and (D) more recent nonindigenous pests and pathogens that have become established in the forests of the United States and are causing economic and ecological degradation with respect to the natural forest resources of the United States, including the Port Orford Cedar Root Rot, the Pine Wilt disease, the Eurasian poplar rust fungus (discovered on the West Coast), and the pine shoot beetle (introduced in the Great Lakes area); and (7) if preventive management measures are not taken in a timely manner throughout the United States to prevent nonindigenous pests and pathogens from entering the United States on unprocessed wood products or to control their entry, further introductions and infestations of nonindigenous plants and pathogens will occur. SEC. 3. PURPOSES. The purpose of this Act are-- (1) to prevent the unintentional introduction and dispersion of nonindigenous pests and pathogens into forests of the United States through the importation of unprocessed logs, lumber, and other unmanufactured wood articles; (2) to preserve and protect the health of the forests of the United States, the forest-dependent economy of the United States, native North American tree species, and irreplaceable habitat from the potentially devastating effects of nonindigenous pests and pathogens; (3) to coordinate federally conducted, funded, or authorized research, prevention, control, information dissemination, and other activities regarding forest pests and pathogens; and (4) to understand and minimize the economic and ecological impact of nonindigenous pests and pathogens. SEC. 4. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (2) Treatment.--The term ``treatment'' means-- (A) in the case of-- (i) a wood article that is greater than 14 centimeters in diameter at the broadest point; and (ii) wood chips, sawdust, wood mulch, and wood shavings; debarking and heating the wood article until the core reaches at least 71.1 degrees Celsius for at least 75 minutes; and (B) in the case of a wood article that is less than 14 centimeters in diameter at the broadest point-- (i) fumigation with an effective fumigant; (ii) kiln drying according to the Dry Kiln Operator's Manual, Agriculture Handbook No. 188; or (iii) pressure treatment with an effective chemical preservative. (3) Wood article.--The term ``wood article'' means a log, lumber, whole tree, cut tree or portion of a tree (not solely consisting of leaves), flower, fruit, bud, seed, bark, cork, lath, hog fuel, sawdust, painted raw wood product, excelsior (wood wool), wood chip, wood mulch, wood shaving, picket, stake, shingle, pallet, wood packing material, humus, compost, or litter, that is unprocessed or has received only primary processing. SEC. 5. RESTRICTIONS ON MOVEMENT OF PLANTS, PLANT PRODUCTS, BIOLOGICAL CONTROL ORGANISMS, PLANT PESTS, NOXIOUS WEEDS, WOOD ARTICLES, AND MEANS OF CONVEYANCE. (a) In General.--Except as provided in subsection (b), the Secretary may prohibit or restrict the importation, entry, exportation, or movement in interstate commerce of a plant, plant product, biological control organism, plant pest, noxious weed, wood article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into the United States or the interstate dispersion of a nonindigenous pest, pathogen, or noxious weed. (b) Imported Wood Articles.--Each wood article (other than a pallet, solid wood packing material, or dunnage) to be imported into the United States shall be-- (1) subject to treatment not more than 24 hours prior to importation, in the exporting country or a hold aboard a ship during transport; and (2) subject to treatment not later than 24 hours after importation at the United States port of entry. (c) Pallets and Solid Wood Packing Materials.-- (1) Treatment during interim period.--During the 5-year period beginning on the date of enactment of this Act, each pallet, solid wood packing material, and dunnage composed of wood used to import an article into the United States shall be-- (A) subject to treatment in accordance with its dimensions prior to first importation into the United States; and (B) marked with an international symbol designating the treatment method. (2) Prohibition after interim period.--Effective beginning on the date that is 5 years after the date of enactment of this Act, the importation into the United States of a pallet, packing material, or dunnage composed of wood is prohibited. SEC. 6. PLANT HEALTH AND ECOSYSTEM PROTECTION TASK FORCE. (a) In General.--There is established a ``Plant Health and Ecosystem Protection Task Force''. (b) Membership.--The membership of the Task Force shall consist of-- (1) the Secretary of Agriculture or a designee; (2) the Administrator of the Animal and Plant and Health Inspection Service; (3) a representative of each Federal agency with responsibility for managing natural resources (as determined by the President), appointed by the head of the agency, including-- (A) the Forest Service; (B) the Bureau of Land Management; (C) the National Park Service; (D) the United States Fish and Wildlife Service; (E) the National Oceanic and Atmospheric Administration; (F) the Agricultural Research Service; (G) the Agricultural Marketing Service; (H) the Natural Resource Conservation Service; and (I) the Environmental Protection Agency; (4) a representative of the agency of each State responsible for managing natural resources in the State, appointed by the Governor of the State; (5) a representative of each nongovernmental organization with an interest or expertise in plant health and ecosystem protection (as determined by the President), appointed by the head of the organization, including representatives of-- (A) public interest environmental groups; (B) affected industry representatives; (C) ecologists; and (D) scientists in relevant disciplines. (c) Duties.--The Task Force shall develop criteria for establishing precautionary phytosanitary procedures to minimize the likelihood of the introduction or dispersion of nonindigenous pests and pathogens in the course of international or interstate commerce or travel. SEC. 7. FEES. The Secretary of the Treasury shall-- (1) require a person that imports a wood article into the United States to obtain a permit before the article may be imported into the United States; (2) require the person to pay an application fee for the permit, in an amount determined by the Secretary of Agriculture; and (3) transfer all fees collected under paragraph (2) to the Fund established under section 8. SEC. 8. PEST REDUCTION IN WOOD ARTICLES FUND. (a) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Pest Reduction in Wood Articles Fund'', to be used in accordance with this section (referred to in this section as the ``Fund''), consisting of-- (1) such amounts as are appropriated to the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund under subsection (d). (b) Transfers to Fund.--There are appropriated to the Fund amounts equivalent to amounts collected as fees and received in the Treasury under section 7. (c) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), on request by the Secretary of Agriculture, the Secretary of the Treasury shall transfer from the Fund to the Secretary of Agriculture such amounts as the Secretary of Agriculture determines are necessary to support the costs of certifying treatment facilities and conducting research to develop appropriate technology for the control of the importation of nonindigenous species on unprocessed logs, lumber, and other unmanufactured wood articles. (2) Administrative expenses.--An amount not exceeding 10 percent of the amounts in the Fund shall be available in each fiscal year to pay the administrative expenses necessary of carrying out this Act. (d) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

Invasive Pest Control Act of 1998 - Authorizes the Secretary of Agriculture to restrict or prohibit the importation, entry, exportation, or movement in interstate commerce of a plant, plant product, biological control organism, plant pest, noxious weed, wood article, or means of conveyance in order to prevent the introduction into the United States or the interstate dispersion of a nonindigenous pest, pathogen, or noxious weed. Subjects to treatment: (1) imported wood articles prior to and after U.S. entry; and (2) pallets and solid wood packing materials used to import materials into the United States. Prohibits the U.S. entry of such pallets and packing materials after a specified interim period. (Sec. 6) Establishes a Plant Health and Ecosystem Protection Task Force which shall develop criteria for phytosanitary procedures to minimize the introduction or dispersion of nonindigenous pests and pathogens. (Sec. 7) Subjects wood article importers to license and fee requirements. (Sec. 8) Establishes in the Treasury the Pest Reduction in Wood Articles Fund.

Invasive Pest Control Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Industrial Hemp Banking Act''. SEC. 2. SECURE AND FAIR ENFORCEMENT OF THE BANKING LAWS. (a) Safe Harbor for Depository Institutions.--A Federal banking regulator may not-- (1) terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C. 1751 et seq.) solely because the depository institution provides or has provided financial services to an industrial hemp legitimate business; (2) prohibit, penalize, or otherwise discourage a depository institution from providing financial services to an industrial hemp legitimate business or to a State or political subdivision of a State that exercises jurisdiction over industrial hemp legitimate businesses; (3) recommend, incentivize, or encourage a depository institution not to offer financial services to an account holder, or to downgrade or cancel the financial services offered to an account holder solely because-- (A) the account holder is the owner, operator, or employee of an industrial hemp legitimate business; (B) the account holder later becomes an owner or operator of an industrial hemp legitimate business; or (C) the depository institution was not aware that the account holder is the owner or operator of an industrial hemp legitimate business; and (4) take any adverse or corrective supervisory action on a loan made to an owner or operator of-- (A) an industrial hemp legitimate business, solely because the owner or operator owns or operates an industrial hemp legitimate business; or (B) real estate or equipment that is leased to an industrial hemp legitimate business, solely because the owner or operator of the real estate or equipment leased the equipment or real estate to an industrial hemp legitimate business. (b) Protections Under Federal Law.-- (1) In general.--In a State or a political subdivision of a State that allows for industrial hemp legitimate businesses, a depository institution that provides financial services to an industrial hemp legitimate business, and the officers, directors, and employees of that depository institution may not be held liable pursuant to any Federal law or regulation-- (A) solely for providing such financial services pursuant to the law or regulation of such State or political subdivision; or (B) for further investing any income derived from such financial services. (2) Forfeiture.--A depository institution that has a legal interest in the collateral for a loan or another financial service provided to an owner or operator of an industrial hemp legitimate business, or to an owner or operator of real estate or equipment that is leased or sold to an industrial hemp legitimate business, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan or other financial service. (c) Rule of Construction.--Nothing in this section shall require a depository institution to provide financial services to an industrial hemp legitimate business. (d) Requirements for Filing Suspicious Activity Reports.--Section 5318(g) of title 31, United States Code, is amended by adding at the end the following: ``(5) Requirements for industrial hemp legitimate businesses.--A financial institution or any director, officer, employee, or agent of a financial institution that reports a suspicious transaction pursuant to this subsection and the reason for the report relates to an industrial hemp legitimate business (as defined in section 2 of the Industrial Hemp Banking Act), the report shall comply with appropriate guidance issued by the Financial Crimes Enforcement Network. The Secretary shall ensure that the guidance is consistent with the purpose and intent of the Industrial Hemp Banking Act and does not inhibit the provision of financial services to an industrial hemp legitimate business in a State or political subdivision of a State that allows for industrial hemp legitimate businesses.''. (e) Definitions.--In this section: (1) Depository institution.--The term ``depository institution'' means-- (A) a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (B) a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or (C) a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (2) Federal banking regulator.--The term ``Federal banking regulator'' means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury. (3) Financial service.--The term ``financial service'' means a financial product or service as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481). (4) Industrial hemp legitimate business.--The term ``industrial hemp legitimate business'' means-- (A) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or a State department of agriculture that carries out an agricultural pilot program or other agricultural or academic research under which such institution of higher education or State department of agriculture, either itself or through a third party-- (i) grows or cultivates industrial hemp for purposes of research, and such research actually occurs; and (ii) such growing or cultivation is carried out pursuant to the laws of the State in which such institution of higher education or State department of agriculture is located; (B) a third party that produces, manufactures, sells, purchases, or transports industrial hemp pursuant to, or otherwise participates in, a program or research described under subparagraph (A); and (C) a person that engages in commerce with industrial hemp products that are exempted from the definition of a controlled substance under the Controlled Substances Act. (5) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States. (6) Agricultural act of 2014 definitions.--The terms ``agricultural pilot program'', ``industrial hemp'', and ``State department of agriculture'' have the meanings given those terms, respectively, under section 7606(b) of the Agricultural Act of 2014 (7 U.S.C. 5940(b)).

Industrial Hemp Banking Act This bill prohibits a federal banking regulator from: (1) terminating or limiting the deposit insurance or share insurance of a depository institution solely because the institution provides financial services to a legitimate industrial hemp business; (2) prohibiting or otherwise discouraging a depository institution from offering financial services to such a business; (3) recommending, incentivizing, or encouraging a depository institution not to offer financial services to an account holder solely because the account holder is affiliated with such a business; or (4) taking any adverse or corrective supervisory action on a loan made to a person solely because the person either owns such a business or owns real estate or equipment leased to such a business. As specified by the bill, a depository institution shall not, under federal law, be liable or subject to forfeiture for providing financial services to a legitimate industrial hemp business.

Industrial Hemp Banking Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``SBIR Commercialization Assistance Act of 2017''. SEC. 2. COMMERCIALIZATION ASSISTANCE PILOT PROGRAM. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following new subsection: ``(tt) Commercialization Assistance Pilot Programs.-- ``(1) Pilot programs implemented.-- ``(A) In general.--Except as provided in subparagraph (B), not later than one year after the date of the enactment of this subsection, a covered agency shall implement a commercialization assistance pilot program, under which an eligible entity may receive a subsequent Phase II SBIR award. ``(B) Exception.--If the Administrator determines that a covered agency has a program that is sufficiently similar to the commercialization assistance pilot program established under this subsection, such covered agency shall not be required to implement a commercialization assistance pilot program under this subsection. ``(2) Percent of agency funds.--The head of each covered agency may allocate not more than 5 percent of the funds allocated to the SBIR program of the covered agency for the purpose of making a subsequent Phase II SBIR award under the commercialization assistance pilot program. ``(3) Termination.--A commercialization assistance pilot program established under this subsection shall terminate on September 30, 2022. ``(4) Application.--To be selected to receive a subsequent Phase II SBIR award under a commercialization assistance pilot program, an eligible entity shall submit to the covered agency implementing such pilot program an application at such time, in such manner, and containing such information as the covered agency may require, including-- ``(A) an updated Phase II commercialization plan; and ``(B) the source and amount of the matching funding required under paragraph (5). ``(5) Matching funding.-- ``(A) In general.--The Administrator shall require, as a condition of any subsequent Phase II SBIR award made to an eligible entity under this subsection, that a matching amount (excluding any fees collected by the eligible entity receiving such award) equal to the amount of such award be provided from an eligible third-party investor. ``(B) Ineligible sources.--An eligible entity may not use funding from ineligible sources to meet the matching requirement of subparagraph (A). ``(6) Award.--A subsequent Phase II SBIR award made to an eligible entity under this subsection-- ``(A) may not exceed the limitation described under subsection (aa)(1); and ``(B) shall be disbursed during Phase II. ``(7) Use of funds.--The funds awarded to an eligible entity under this subsection may only be used for research and development activities that build on eligible entity's Phase II program and ensure the research funded under such Phase II is rapidly progressing towards commercialization. ``(8) Selection.--In selecting eligible entities to participate in a commercialization assistance pilot program under this subsection, the head of a covered agency shall consider-- ``(A) the extent to which such award could aid the eligible entity in commercializing the research funded under the eligible entity's Phase II program; ``(B) whether the updated Phase II commercialization plan submitted under paragraph (4) provides a sound approach for establishing technical feasibility that could lead to commercialization of such research; ``(C) whether the proposed activities to be conducted under such updated Phase II commercialization plan further improve the likelihood that such research will provide societal benefits; ``(D) whether the small business concern has progressed satisfactorily in Phase II to justify receipt of a subsequent Phase II SBIR award; ``(E) the expectations of the eligible third-party investor that provides matching funding under paragraph (5); and ``(F) the likelihood that the proposed activities to be conducted under such updated Phase II commercialization plan using matching funding provided by such eligible third-party investor will lead to commercial and societal benefit. ``(9) Evaluation report.--Not later than 3 years after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate, a report including-- ``(A) a summary of the activities of commercialization assistance pilot programs carried out under this subsection; ``(B) a detailed compilation of results achieved by such commercialization assistance pilot programs, including the number of eligible entities that received awards under such programs; ``(C) the rate at which each eligible entity that received a subsequent Phase II SBIR award under this subsection commercialized research of the recipient; ``(D) the growth in employment and revenue of eligible entities that is attributable to participation in a commercialization assistance pilot program; ``(E) a comparison of commercialization success of eligible entities participating in a commercialization assistance pilot program with recipients of an additional Phase II SBIR award under subsection (ff); ``(F) demographic information, such as ethnicity and geographic location, of eligible entities participating in a commercialization assistance pilot program; ``(G) an accounting of the funds used at each covered agency that implements a commercialization assistance pilot program under this subsection; ``(H) the amount of matching funding provided by eligible third-party investors, set forth separately by source of funding; ``(I) an analysis of the effectiveness of the commercialization assistance pilot program implemented by each covered agency; and ``(J) recommendations for improvements to the commercialization assistance pilot program. ``(10) Definitions.--For purposes of this subsection: ``(A) Covered agency.--The term `covered agency' means a Federal agency required to have an SBIR program. ``(B) Eligible entity.--The term `eligible entity' means a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award under subsection (ff) from the covered agency to which such small business concern is applying for a subsequent Phase II SBIR award. ``(C) Eligible third-party investor.--The term `eligible third-party investor' means a small business concern other than an eligible entity, a venture capital firm, an individual investor, a non-SBIR Federal, State or local government, or any combination thereof. ``(D) Ineligible sources.--The term `ineligible sources' means the following: ``(i) The eligible entity's internal research and development funds. ``(ii) Funding in forms other than cash, such as in-kind or other intangible assets. ``(iii) Funding from the owners of the eligible entity, or the family members or affiliates of such owners. ``(iv) Funding attained through loans or other forms of debt obligations. ``(E) Subsequent phase ii sbir award.--The term `subsequent Phase II SBIR award' means an award granted to an eligible entity under this subsection to carry out further commercialization activities for research conducted pursuant to an SBIR program.''.

SBIR Commercialization Assistance Act of 2017 This bill amends the Small Business Act to require a federal agency required to have a Small Business Innovation Research (SBIR) program (covered agency) to implement a commercialization assistance pilot program (CAPP), under which an eligible entity may received a subsequent Phase II SBIR award through FY2022, unless the Small Business Administration determines that the agency already has a program sufficiently similar to a CAPP. An eligible entity is a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award from the covered agency to which such small business concern is applying for the subsequent award. The Government Accountability Office must evaluate and report to Congress on CAPP, including a summary of activities and results and recommendations for CAPP improvement.

SBIR Commercialization Assistance Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Environmental Research Act of 2014''. SEC. 2. PURPOSE. The purpose of this Act is to establish an integrated and comprehensive ocean, coastal, Great Lakes, and atmospheric research and environmental information sharing program to support renewable energy. SEC. 3. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the National Oceanic and Atmospheric Administration. (2) Administrator.--The term ``Administrator'' means the Under Secretary for Oceans and Atmosphere in the Under Secretary's capacity as Administrator of the National Oceanic and Atmospheric Administration. (3) Renewable energy.--The term ``renewable energy'' means any form of renewable energy, including traditional hydropower, terrestrial renewable energy, and renewable energy derived from the sea, such as wave energy, tidal energy, ocean current energy, offshore wind energy, salinity gradient energy, ocean thermal gradient energy, and ocean thermal energy conversion. SEC. 4. RENEWABLE ENERGY RESEARCH PLAN. (a) In General.--Not later than 3 years after the date of the enactment of this Act, the Administrator shall develop a plan-- (1) to define requirements for a comprehensive and integrated ocean, coastal, Great Lakes, and atmosphere science program to support renewable energy development in the United States based on a review of scientific and industry information; (2) to identify and describe current climate, weather, and water data programs, products, services, and authorities within the Administration relevant to renewable energy development; (3) to provide targeted research, data, monitoring, observation, and other information, products, and services concerning climate, weather, and water in support of renewable energy and ``smart grid'' technology, including research to accurately quantify the downstream micro-climate impacts of wind-power turbines; (4) to reduce duplication and leverage the resources of existing Administration programs through coordination with-- (A) other offices and programs within the Administration, including the atmospheric, ocean, and coastal observation systems; (B) Federal, State, tribal, and local observation systems; and (C) other entities, including the private sector organizations and institutions of higher education; (5) to facilitate public-private cooperation, including identification and assessment of current private sector capabilities; and (6) to inform and educate the public and the private sector about the progress and findings of the renewable research and development carried out pursuant to the plan. (b) Public Hearings.--In developing the plan, the Administrator shall provide public notice and opportunity for 1 or more public hearings and shall seek comments from Federal and State agencies, tribes, local governments, representatives of the private sector, and other parties interested in renewable energy observations, data, and use in order to improve Administration climate, weather, and water observation data products and services to more effectively support renewable energy development. SEC. 5. ESTABLISHMENT OF RESEARCH, PREDICTION, AND ENVIRONMENTAL INFORMATION PROGRAM. (a) In General.--Not later than 3 years after the date of the enactment of this Act, the Administrator shall establish a program to develop and implement an integrated and comprehensive ocean, coastal, Great Lakes, and atmosphere research and operations program, based on the plan required by section 4, to support renewable energy development in the United States. (b) Program Components.--At a minimum, the program required by subsection (a) shall include the following: (1) Improvements in coordinated climate, weather, water research, biological and technological research monitoring, and observations to support renewable energy siting and development. (2) Coordinated weather, water, and climate prediction capability focused on renewable energy and ``smart grid'' technology to provide information and decision services in support of renewable energy development. (3) Support for the transition to, and reliable delivery of, sustained operational weather, water, and climate products from research, observation, and prediction outputs. (4) Means of identifying biological and ecological effects of marine renewable energy development on living marine resources, the marine and coastal environment, marine-dependent industries, and coastal communities. (5) Baseline ecological characterization, including research, data collection, and mapping, of the coastal and marine environment and living marine resources for marine renewable energy development. (6) Avoidance, minimization, and mitigation strategies to address the potential impacts of renewable energy on the marine, coastal, and Great Lakes habitats resources and communities, including developing effective monitoring protocols, use of adaptive management, informed engineering design and operating parameters, and the establishment of protocols for minimizing the environmental impacts of testing, developing, and deploying marine renewable energy devices. (7) Support for the development of marine special area management plans by states as defined by the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) that would support renewable energy development consistent with natural resource protection and other coastal-dependent economic growth. (8) Coordination of comprehensive digital mapping, modeling, and other geospatial information and services to support planning for renewable energy and stewardship of ecosystem and living marine ecosystems, including protected species, in ocean, Great Lakes, and coastal areas. (9) A coordinated approach for examining and quantifying the micro-climate impacts of wind-power farms on soil transpiration and drying. (10) Provision for outreach to the public and private sector about program research, information, and products, including making non-proprietary information and best management practices developed under this program available to the public. (c) Use in Agency Decisions.--The program established under subsection (a) shall be designed to collect, synthesize, and distribute data in a manner that can be used by resource managers responsible for making decisions about renewable energy projects. The Army Corps of Engineers, Department of Commerce, Bureau of Ocean Energy Management, Federal Energy Regulatory Commission, and Department of Energy shall consider this information when making planning, siting, and permitting decisions for renewable energy. (d) Support for Public-Private Cooperation.--To the extent practicable, in implementing the program established under this section, the Administrator shall seek appropriate opportunities to facilitate and expand cooperation with private sector entities to develop and expand information services that serve the renewable energy industry. SEC. 6. BIENNIAL REPORTS. (a) In General.--Not later than 2 years after the date on which the Administrator establishes the program under section 5(a) and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science and Technology of the House of Representatives a report on progress made in implementing this Act. (b) Contents.--Each report submitted under subsection (a) shall include the following: (1) A description of activities carried out under this Act. (2) Recommendations for prioritization of activities under this Act for fiscal years beginning after the date on which the report is submitted. (3) Funding levels for activities under this Act in those fiscal years. SEC. 7. LIBRARY. (a) In General.--Not later than 3 years after the date of the enactment of this Act, the Administrator, in consultation with relevant Federal agencies, shall establish and maintain a renewable energy information library and data portal to function as a common, cross agency repository of data pertinent to renewable energy development. (b) Elements.--The library required by subsection (a) shall include, at a minimum, the following: (1) Links to data and information products for use in renewable energy development. (2) Links to planning and decision support tools for use in renewable energy development. (3) Data about the baseline condition of ocean and coastal resources. (4) Links to digital mapping and geospatial information, products, and services described in section 4(b). SEC. 8. FEDERAL COORDINATION. The Secretary of the Interior, the Secretary of Energy, the Secretary of Transportation, the Secretary of Defense, the Federal Energy Regulatory Commission, the Department in which the Coast Guard is operating, and the heads of other relevant Federal agencies shall cooperate with the Administrator in carrying out this Act. SEC. 9. AGREEMENTS. The Administrator may enter into and perform such contracts, leases, grants, cooperative agreements, or other agreements and transactions with any agency or instrumentality of the United States, or with any State, local, tribal, territorial or foreign government, or with any person, corporation, firm, partnership, educational institution, nonprofit organization, or international organization as may be necessary to carry out the purposes of this Act. SEC. 10. AUTHORITY TO RECEIVE FUNDS. The Administrator may accept, retain, and use funds received from any party pursuant to an agreement entered into under section 9 for activities furthering the purposes of this Act. SEC. 11. USE OF OCEAN OBSERVING OFFSHORE INFRASTRUCTURE. (a) In General.--Any offshore exploration and production facility, at the discretion of the Administrator, may execute a memorandum of understanding authorizing the use of offshore platforms and infrastructure for the placement of meteorological and oceanographic observation sensors of a type to be designated by the Administrator in support of the Integrated Ocean Observing System. (b) Availability of Information.--All information collected by such sensors shall be managed by Administration and be readily available for use in spill and other hazard response as well as available to the National Weather Service, other Administration programs, and the general public. SEC. 12. SAVINGS PROVISION. Nothing in this Act shall be construed to supersede or modify the jurisdiction, responsibilities, or authority of any Federal or State agency under any provision of law in effect on the date of the enactment of this Act.

Renewable Energy Environmental Research Act of 2014 - Requires the National Oceanic and Atmospheric Administration (NOAA), within three years, to: (1) develop a plan for a comprehensive and integrated ocean, coastal, Great Lakes, and atmosphere science program to support renewable energy development and smart grid technology; and (2) establish the program that is based on the plan and designed to collect, synthesize, and distribute data in a manner that can be used by resource managers responsible for making decisions about renewable energy projects. Requires the Army Corps of Engineers, Department of Commerce, Bureau of Ocean Energy Management, Minerals Management Service, Federal Energy Regulatory Commission (FERC), and Department of Energy (DOE) to consider this information when making planning, siting, and permitting decisions about renewable energy. Requires NOAA to establish within three years a renewable energy information library and data portal to function as a cross-agency repository of data pertinent to renewable energy development. Gives NOAA the discretion to allow any offshore exploration and production facility to execute a memorandum of understanding authorizing the use of offshore platforms and infrastructure for the placement of meteorological and oceanographic observation sensors of a type to be designated by NOAA in support of the Integrated Ocean Observing System. Requires information collected by the sensors to be readily available for use in hazard response as well as available to the National Weather Service, other NOAA programs, and the general public.

Renewable Energy Environmental Research Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sandpoint Land and Facilities Conveyance Act of 2003''. SEC. 2. CONVEYANCE OF SANDPOINT FEDERAL BUILDING AND ADJACENT LAND, SANDPOINT, IDAHO. (a) Transfer of Administrative Jurisdiction.--Not later than 30 days after the date of the enactment of this Act, the Administrator of General Services shall transfer to the Secretary of Agriculture, without reimbursement, administrative jurisdiction over the Sandpoint Federal Building and approximately 3.17 acres of land in Sandpoint, Idaho, as depicted on the map entitled ``Sandpoint Federal Building,'' dated September 12, 2002, on file in the Office of the Chief of the Forest Service and the Office of the Supervisor, Idaho National Panhandle Forest, Coeur d'Alene, Idaho. (b) Assumption and Repayment of Debt.--As of the date on which administrative jurisdiction of the property is transferred under subsection (a), the Secretary shall assume the obligation of the Administrator of General Services to repay to the Federal Finance Bank the debt incurred with respect to the transferred property. The Secretary may repay the debt using-- (1) the proceeds of the conveyance of the property under this section; (2) amounts appropriated to the Forest Service for the rental, upkeep, and maintenance of facilities; and (3) any other unobligated appropriated amounts available to the Secretary. (c) Conveyance of Property.-- (1) Conveyance authorized.--The Secretary may convey, by quitclaim deed, all right, title, and interest of the United States in and to the property transferred to the Secretary under subsection (a). The conveyance may be made by sale or by exchange. (2) Solicitations of offers.--The Secretary may solicit offers for the conveyance of the property under this section on such terms and conditions as the Secretary may prescribe. The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (d) Consideration.-- (1) Conditions of sale.--If the property is conveyed under subsection (c) by sale, the purchaser shall pay to the Secretary an amount equal to the fair market value of the property as determined under paragraph (3). At the election of the Secretary, the consideration may be in the form of cash or other consideration, including the construction of administrative facilities for the National Forest System in Bonner County, Idaho. (2) Conditions of exchange.--If the property is conveyed in exchange for construction of administrative facilities, the conveyance shall be subject to-- (A) construction of the administrative facilities in accordance with terms or conditions that the Secretary may prescribe, including final building design and costs; (B) completion of the administrative facilities in a manner satisfactory to the Secretary; (C) the condition that the exchange be an equal value exchange, or if the value of the property and the administrative facilities are not equal, as determined under paragraph (3), that the values be equalized in accordance with paragraph (4); and (D) any requirements of the Secretary that the entity acquiring the property assume any outstanding indebtedness on the property to the Federal Finance Bank. (3) Valuation.--The value of the property to be conveyed under subsection (c), and the value of any administrative facilities in exchange for the property, shall be determined by an appraisal that conforms to the Uniform Appraisal Standards for Federal Land Acquisitions and is acceptable to the Secretary. (4) Equalization of values.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of the property conveyed under subsection (c). SEC. 3. DISPOSITION OF FUNDS. (a) Deposit of Proceeds.--The Secretary shall deposit the proceeds derived for the conveyance of the property under this section in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a). (b) Use of Proceeds.--Amounts deposited under subsection (a) shall be available to the Secretary, without further appropriation and until expended, for-- (1) the acquisition, construction, or improvement of administrative facilities and associated land; and (2) the acquisition of land and interests in land for addition to the National Forest System in the Northern Region of the Forest Service in the State of Idaho. (c) Limitations.--Funds deposited under subsection (a) shall not be paid or distributed to States or counties under any provision of law, or otherwise considered moneys received from units of the National Forest System for purposes of-- (1) the Act of May 23, 1908 (16 U.S.C. 500); (2) section 13 of the Act of March 1, 1911 (16 U.S.C. 500, commonly known as the ``Weeks Law''); or (3) the Act of March 4, 1913 (16 U.S.C. 501). (d) Management of Lands Acquired by the United States.--Subject to valid existing rights, the Secretary shall manage any land acquired under this Act, in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq., commonly known as the ``Weeks Law'') and other laws relating to the National Forest System. (e) Applicable Law.--Except as otherwise provided in this section, the conveyance of property under this section shall be subject to the laws applicable to conveyances of National Forest System land. Part 1955 of title 7, Code of Federal Regulations, shall not apply to any action carried out under this section. Passed the Senate November 24, 2003. Attest: EMILY J. REYNOLDS, Secretary.

Sandpoint Land and Facilities Conveyance Act of 2003 - Directs the Administrator of General Services to transfer to the Secretary of Agriculture jurisdiction over certain land in Sandpoint, Idaho, with the Secretary assuming the obligation of the Administrator to repay to the Federal Finance Bank the debt incurred with respect to the property. Permits the Secretary to convey such property by: (1) sale for fair market value in the form of cash or other consideration; or (2) exchange for construction of administrative facilities for the National Forest System (NFS) in Bonner County, Idaho, and a cash equalization payment, if necessary. Requires a recipient to assume any outstanding indebtedness on the property to the Federal Finance Bank. Directs the Secretary to use proceeds from the sale of the property for: (1) the acquisition, construction, or improvement of administrative facilities and associated land; and (2) the acquisition of land for addition to the NFS in the Northern Region of the Forest Service in Idaho. Requires the Secretary to manage any land acquired under this Act in accordance with the Weeks Act and other laws relating to the NFS.

A bill to provide for the conveyance by the Secretary of Agriculture of the Sandpoint Federal Building and adjacent land in Sandpoint, Idaho, and for other purposes.

1. SHORT TITLE. This Act may be cited as the ``Bipartisan Student Loan Certainty Act of 2013''. SEC. 2. INTEREST RATES. (a) Interest Rates.--Section 455(b) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)) is amended-- (1) in paragraph (7)-- (A) in the paragraph heading, by inserting ``and before july 1, 2013'' after ``on or after july 1, 2006''; (B) in subparagraph (A), by inserting ``and before July 1, 2013,'' after ``on or after July 1, 2006,''; (C) in subparagraph (B), by inserting ``and before July 1, 2013,'' after ``on or after July 1, 2006,''; and (D) in subparagraph (C), by inserting ``and before July 1, 2013,'' after ``on or after July 1, 2006,''; (2) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (3) by inserting after paragraph (7) the following: ``(8) Interest rate provisions for new loans on or after july 1, 2013.-- ``(A) Rates for undergraduate fdsl and fdusl.-- Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students, for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of-- ``(i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 2.05 percent; or ``(ii) 8.25 percent. ``(B) Rates for graduate and professional fdusl.-- Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students, for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of-- ``(i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 3.6 percent; or ``(ii) 9.5 percent. ``(C) PLUS loans.--Notwithstanding the preceding paragraphs of this subsection, for Federal Direct PLUS Loans, for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of-- ``(i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 4.6 percent; or ``(ii) 10.5 percent. ``(D) Consolidation loans.--Notwithstanding the preceding paragraphs of this subsection, any Federal Direct Consolidation Loan for which the application is received on or after July 1, 2013, shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent. ``(E) Consultation.--The Secretary shall determine the applicable rate of interest under this paragraph after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination. ``(F) Rate.--The applicable rate of interest determined under this paragraph for a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan shall be fixed for the period of the loan.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if enacted on July 1, 2013. SEC. 3. BUDGETARY EFFECTS. (a) Paygo Scorecard.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay- As-You-Go Act of 2010. (b) Senate Paygo Scorecard.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). SEC. 4. STUDY ON THE ACTUAL COST OF ADMINISTERING THE FEDERAL STUDENT LOAN PROGRAMS. Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) complete a study that determines the actual cost to the Federal Government of carrying out the Federal student loan programs authorized under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), which shall-- (A) provide estimates relying on accurate information based on past, current, and projected data as to the appropriate index and mark-up rate for the Federal Government's cost of borrowing that would allow the Federal Government to effectively administer and cover the cost of the Federal student programs authorized under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) under the scoring rules outlined in the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.); (B) provide the information described in this section in a way that separates out administrative costs, interest rate, and other loan terms and conditions; and (C) set forth clear recommendations to the relevant authorizing committees of Congress as to how future legislation can incorporate the results of the study described in this section to allow for the administration of the Federal student loan programs authorized under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) without generating any additional revenue to the Federal Government except revenue that is needed to carry out such programs; and (2) prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives setting forth the conclusions of the study described in this section in such a manner that the recommendations included in the report can inform future reauthorizations of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Bipartisan Student Loan Certainty Act of 2013 - (Sec. 2) Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to set the annual interest rate on Direct Stafford loans and Direct Unsubsidized Stafford loans issued to undergraduate students at the rate on high-yield 10-year Treasury notes plus 2.05%, but caps that rate at 8.25%. Sets the annual interest rate on Direct Unsubsidized Stafford loans issued to graduate or professional students at the rate on high-yield 10-year Treasury notes plus 3.6%, but caps that rate at 9.5%. Sets the annual interest rate on Direct PLUS loans at the rate on high-yield 10-year Treasury notes plus 4.6%, but caps that rate at 10.5%. Limits the applicability of the preceding provisions to loans first disbursed on or after July 1, 2013. Fixes the interest rate on Direct Stafford loans, Direct Unsubsidized Stafford loans, and Direct PLUS loans for the period of the loan. Sets the annual interest rate on Direct Consolidation loans for which an application is received on or after July 1, 2013, at the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of 1%. (Sec. 3) Provides that the budgetary effects of this Act shall not be entered on specified PAYGO scorecards. (Sec. 4) Directs the Comptroller General (GAO) to conduct a study and report to Congress on the actual cost to the federal government of carrying out the federal student loan programs authorized under title IV of the HEA.

Bipartisan Student Loan Certainty Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Consideration of Cuts, Consolidations, and Savings Act of 2013''. SEC. 2. EXPEDITED CONSIDERATION OF CUTS, CONSOLIDATIONS, AND SAVINGS PREPARED BY THE OFFICE OF MANAGEMENT AND BUDGET. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``cuts, consolidations, and savings prepared by the office of management and budget ``Sec. 1013. (a) In General.--The President may propose, at the time and in the manner provided in subsection (b), the carrying out of all or part of the recommendations contained in the most recent Cuts, Consolidations, and Savings prepared by the Office of Management and Budget. ``(b) Transmittal of Special Message.--Not later than 120 days after the publication of any Cuts, Consolidations, and Savings prepared by the Office of Management and Budget, the President may transmit to Congress a special message to carry out all or part of the recommendations contained in that Cuts, Consolidations, and Savings. The President shall include with that special message a draft bill or joint resolution that would carry out his recommendations. ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second day of continuous session of the applicable House after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Congress in which the Act involved originated shall introduce (by request) the draft bill or joint resolution accompanying that special message. If the bill or joint resolution is not introduced as provided in the preceding sentence, then, on the third day of continuous session of that House after the date of receipt of that special message, any Member of that House may introduce the bill or joint resolution. ``(B) The bill or joint resolution shall be referred to the committee or committees with subject matter jurisdiction over that measure. The committee or committees shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after the date of receipt of that special message. If a committee fails to report the bill or joint resolution within that period, that committee shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill or joint resolution shall be taken in that House on or before the close of the 10th calendar day of continuous session of that House after the date of the introduction of the bill or joint resolution in that House. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of Congress on the same calendar day on which the bill or joint resolution is agreed to. ``(2)(A) A bill or joint resolution transmitted to the House of Representatives or the Senate pursuant to paragraph (1)(C) shall be referred to the committee or committees of jurisdiction of that House. The committee or committees shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after it receives the bill or joint resolution. A committee failing to report the bill or joint resolution within such period shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill or joint resolution transmitted to that House shall be taken on or before the close of the 10th calendar day of continuous session of that House after the date on which the bill or joint resolution is transmitted. If the bill or joint resolution is agreed to in that House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated. ``(3)(A) A motion in the House of Representatives to proceed to the consideration of a bill or joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill or joint resolution under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or joint resolution under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill or joint resolution under this section shall be governed by the Rules of the House of Representatives. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill or joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill or joint resolution under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill or joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or joint resolution, except that in the event the manager of the bill or joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill or joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. ``(d) Amendments Prohibited.--No amendment to a bill or joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(e) Definitions.--For purposes of this section continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by subsection (a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. TERMINATION. The authority provided by section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall terminate effective on the date in 2018 on which the Congress adjourns sine die.

Expedited Consideration of Cuts, Consolidations, and Savings Act of 2013 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose to carry out all or part of the recommendations contained in the most recent Cuts, Consolidations, and Savings prepared by the Office of Management and Budget (OMB). Sets forth requirements for the President's transmittal to Congress of a special message regarding such proposal, including a draft bill or joint resolution to carry it out. Prescribes procedures for expedited congressional consideration of the legislation. Makes it out of order in both chambers to: (1) consider an amendment to such legislation; or (2) entertain a motion to suspend this prohibition, including by unanimous consent.

Expedited Consideration of Cuts, Consolidations, and Savings Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees and Uniformed Services Group Long-Term Care Insurance Act of 2000''. SEC. 2. LONG-TERM CARE INSURANCE. (a) In General.--Subpart G of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 90--LONG-TERM CARE INSURANCE ``Sec. ``9001. Definitions. ``9002. Eligibility to obtain coverage. ``9003. Contracting authority. ``9004. Long-term care benefits. ``9005. Financing. ``9006. Preemption. ``9007. Studies, reports, and audits. ``9008. Claims for benefits. ``9009. Jurisdiction of courts. ``9010. Regulations. ``Sec. 9001. Definitions ``For purposes of this chapter, the term-- ``(1) `activities of daily living' includes-- ``(A) eating; ``(B) toileting; ``(C) transferring; ``(D) bathing; ``(E) dressing; and ``(F) continence; ``(2) `annuitant' has the meaning such term would have under section 8901(3) if, for purposes of such paragraph, the term `employee' were considered to have the meaning under paragraph (5) of this section; ``(3) `appropriate Secretary' means-- ``(A) except as otherwise provided in this paragraph, the Secretary of Defense; ``(B) with respect to the United States Coast Guard when it is not operating as a service of the Navy, the Secretary of Transportation; ``(C) with respect to the commissioned corps of the National Oceanic and Atmospheric Administration, the Secretary of Commerce; and ``(D) with respect to the commissioned corps of the Public Health Service, the Secretary of Health and Human Services; ``(4) `eligible individual' means-- ``(A) an annuitant, employee, member of the uniformed services, or retired member of the uniformed services; or ``(B) a qualified relative of an individual described under subparagraph (A); ``(5) `employee' means-- ``(A) an employee as defined under section 8901(1) (A) through (D) and (F) through (I), but does not include an employee excluded by regulation of the Office under section 9010; and ``(B) an individual described under section 2105(e); ``(6) `member of the uniformed services' means a person who-- ``(A)(i) is a member of the uniformed services on active duty for a period of more than 30 days; or ``(ii) is a member of the Selected Reserve as defined under section 10143 of title 10, including members on-- ``(I) full-time National Guard duty as defined under section 101(d)(5) of title 10; or ``(II) active Guard and Reserve duty as defined under section 101(d)(6) of title 10; and ``(B) satisfies such eligibility requirements as the Office prescribes under section 9010; ``(7) `Office' means the Office of Personnel Management; ``(8) `qualified carrier' means a company or consortium licensed and approved to issue group long-term care insurance in all States and to do business in each of the States; ``(9) `qualified relative', as used with respect to an eligible individual described under paragraph (4)(A), means-- ``(A) the spouse of such individual; ``(B) a parent or parent-in-law of such individual; and ``(C) any other person bearing a relationship to such individual specified by the Office in regulations; ``(10) `retired member of the uniformed services' means a member of the uniformed services entitled to retired or retainer pay (other than under chapter 1223 of title 10) who satisfies such eligibility requirements as the Office prescribes under section 9010; and ``(11) `State' means a State of the United States, and includes the District of Columbia. ``Sec. 9002. Eligibility to obtain coverage ``(a) Any eligible individual may obtain long-term care insurance coverage under this chapter for such individual. ``(b) As a condition for obtaining long-term care insurance coverage under this chapter based on one's status as a qualified relative, an applicant shall provide documentation to demonstrate the relationship as prescribed by the Office. ``(c) An individual shall not be eligible for coverage under this chapter if the individual would be immediately eligible to receive benefits upon obtaining coverage. ``Sec. 9003. Contracting authority ``(a)(1) Without regard to section 3709 of the Revised Statutes (41 U.S.C. 5) or any other statute requiring competitive bidding, the Office may contract with qualified carriers for a policy or policies of group long-term care insurance to provide benefits as specified by this chapter. ``(2) The Office shall-- ``(A) contract with-- ``(i) a primary carrier with respect to assumption of risk; ``(ii) no less than 2 qualified carriers to act as reinsurers; and ``(iii) as many qualified carriers as necessary to administer this chapter, which shall also act as reinsurers; and ``(B) ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition to the maximum extent practicable. ``(b) The Office may design a benefits package or packages and negotiate final offerings with qualified carriers. ``(c) Each contract under this section shall contain a detailed statement of the benefits offered (including any maximums, limitations, exclusions, and other definitions of benefits), the rates charged (including any limitations or other conditions on any subsequent adjustment), and such other terms and conditions as may be mutually agreed to by the Office and the carrier involved, consistent with the requirements of this chapter. ``(d) Premium rates charged under a contract entered into under this section shall reasonably reflect the cost of the benefits provided under that contract as determined by the Office. ``(e) The coverage and benefits made available to individuals under a contract entered into under this section shall be guaranteed to be renewable and may not be canceled by the carrier except for nonpayment of premium. ``(f) The Office may withdraw an offering under this section based on open season participation rates, the composition of the risk pool, or both. ``(g)(1) Each contract under this section shall require the carrier to provide insurance, payments, or benefits in an individual case if the Office (or a duly designated third-party) finds that the individual involved is entitled to such payment or benefit under the contract. ``(2) Each contract with a carrier described under subsection (a)(2)(A)(ii) shall require the carrier to participate in administrative procedures designed to bring about the expeditious resolution of disputes arising under such contract, including, in appropriate circumstances, 1 or more alternative means of dispute resolution, as prescribed by the Office. ``(h)(1)(A) Subject to subparagraph (B), each contract under this section shall be for a term of 5 years, unless terminated earlier by the Office. ``(B) The rights and responsibilities of the enrolled individual, the insurer, and the Office (or duly designated third-party) under any such contract shall continue until the termination of coverage of the enrolled individual. ``(2) Group long-term care insurance coverage obtained by an individual under this chapter shall terminate only upon the occurrence of-- ``(A) the death of the insured; ``(B) exhaustion of benefits, as determined under the contract; or ``(C) any event justifying a cancellation under subsection (e). ``(3) Subject to paragraph (2), each contract under this section shall include such provisions as may be necessary and consistent with regulations of the Office under section 9010, to-- ``(A) effectively preserve all parties' rights and responsibilities under such contract notwithstanding the termination of such contract (whether due to nonrenewal under paragraph (1)(A) or otherwise); and ``(B) ensure that, once an individual becomes duly enrolled, long-term care insurance coverage obtained by such individual under that enrollment shall not be terminated due to any change in status (as described under section 9001(4)), such as separation from Government service or the uniformed services, or ceasing to meet the requirements for being considered a qualified relative (whether due to divorce or otherwise). ``(i) Nothing in this chapter may be construed to grant authority for the Office or a third party to change the rules under which the contract operates for disputed claims purposes. ``Sec. 9004. Long-term care benefits ``(a) Benefits under this chapter shall be-- ``(1) provided under qualified long-term care insurance contracts, within the meaning of section 7702B of the Internal Revenue Code of 1986; and ``(2) to the extent determined appropriate by the Office, consistent with the more stringent of-- ``(A) the most recent standards recommended by the National Association of Insurance Commissioners; or ``(B) such standards as recommended in calendar year 1993. ``(b) Each contract under section 9003, in addition to any matter otherwise required under this chapter, shall provide for-- ``(1) adequate consumer protections (including through establishment of sufficient reserves or reinsurance); ``(2) adequate protections in the event of carrier bankruptcy (or other similar event); ``(3) availability of benefits upon appropriate certification as to an individual's-- ``(A) inability (without substantial assistance from another individual) to perform at least 2 activities of daily living for a period of at least 90 days due to a loss of functional capacity; or ``(B) requiring substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment as defined in the contract; ``(4) choice of service benefits (such as the expense- incurred method or the indemnity method); ``(5) the availability of inflation protection; ``(6) portability of benefits (consistent with section 9003 (e) and (h)); ``(7) length-of-benefit options; ``(8) options relating to long-term care benefits designed to provide maximum flexibility regarding care modalities, including nursing home care, assisted living care, home care, and care by family members; ``(9) options relating to elimination periods; and ``(10) options relating to nonforfeiture benefits. ``Sec. 9005. Financing ``(a) Each individual having long-term care insurance coverage under this chapter shall be responsible for 100 percent of the charges for such coverage. ``(b) The amount necessary to pay the premium for enrollment shall-- ``(1) in the case of an employee, be withheld from the pay of such employee; ``(2) in the case of an annuitant, be withheld from the annuity of such annuitant; ``(3) in the case of a member of the uniformed services described under section 9001(6), be withheld from the basic pay of such member; and ``(4) in the case of a retired member of the uniformed services described in section 9001(10), be withheld from the retired pay or retainer pay payable to such member. ``(c) Withholdings to pay the charges for enrollment of a qualified relative may, upon election of the eligible individual related to the qualified relative, be withheld under subsection (b) in the same manner as if enrollment were for such eligible individual. ``(d) Any enrollee whose pay, annuity, or retired or retainer pay (as referred to in subsection (b)) is insufficient to cover the withholding required for enrollment (or who is not receiving any regular amounts from the Government, as referred to in subsection (b), from which any such withholdings may be made) shall pay the full amount of those charges directly to the carrier. ``(e) Each carrier participating under this chapter shall account for all funds received under this chapter separate and apart from all other funds relating to contracts or matters that are unrelated to this chapter. ``(f)(1) A contract under this chapter shall include appropriate provisions under which the carrier shall reimburse the Office or other administering Federal agency for the administrative costs incurred by the Office or such agency under this chapter (such as for dispute resolution), and including the costs of the initial implementation of this chapter, which are allocable to such carrier. ``(2) Reimbursements required under this subsection, except those relating to the costs of the initial implementation of this chapter, shall be deposited in the Employees Health Benefits Fund established under section 8909, and held in a separate Long-Term Care Insurance Account. This account shall be available to the Office without limitation for the purposes of this chapter. ``Sec. 9006. Preemption ``Except with regard to any financial requirement imposed by a State or the District of Columbia which is more stringent than the analogous requirement imposed by section 9004(b)(1), this chapter shall supersede and preempt any State or local law, or law of a territory or possession, which is determined by the Office to be inconsistent with-- ``(1) the provisions of this chapter; or ``(2) after consultation with appropriate State Insurance Commissioners, the efficient provision of a nationwide long- term care insurance program for Federal employees. ``Sec. 9007. Studies, reports, and audits ``(a) Each qualified carrier entering into a contract under this chapter shall-- ``(1) furnish such reasonable reports as the Office determines to be necessary to enable the Office to carry out its functions under this chapter; and ``(2) permit the Office and representatives of the General Accounting Office to examine such records of the carrier as may be necessary to carry out the purposes of this chapter. ``(b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the carrier, or both, with such information and reports as the Office may require. ``Sec. 9008. Claims for benefits ``(a) A claim for benefits under this chapter shall be filed within 4 years after the date on which the reimbursable cost was incurred or the service was provided. ``(b)(1) Except as provided under paragraph (2), benefits payable under this chapter for any reimbursable cost incurred or service provided are secondary to any other benefit payable for such cost or service. No payment may be made where there is no legal obligation for such payment. ``(2)(A) Benefits payable under the programs described under subparagraph (B) shall be secondary to benefits payable under this chapter. ``(B) The programs referred to under subparagraph (A) are-- ``(i) the program of medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and ``(ii) any other Federal or State programs that the Office may specify in regulations that provide health benefit coverage designed to be secondary to other insurance coverage. ``Sec. 9009. Jurisdiction of courts ``A claimant under this chapter may file suit against the carrier of the long-term care insurance policy covering such claimant in the district courts of the United States, after exhausting all available administrative remedies. ``Sec. 9010. Regulations ``(a) The Office shall prescribe regulations necessary to carry out this chapter. ``(b) The regulations of the Office shall-- ``(1) prescribe the time at which and the manner and conditions under which an individual may obtain or continue long-term care insurance under this chapter, including-- ``(A) the length of time constituting the first opportunity to enroll; and ``(B) the minimum period of coverage required for portability; and ``(2) provide for periodic coordinated enrollment promotion and education efforts. ``(c) The regulations of the Office may not exclude-- ``(1) an employee or group of employees solely on the basis of the hazardous nature of employment; or ``(2) an employee who is occupying a position on a part- time career employment basis, as defined under section 3401(2). ``(d) Any regulations necessary to effect the application and operation of this chapter with respect to an eligible individual or a qualified relative of such individual shall be prescribed by the Office in consultation with the appropriate Secretary.''. (b) Technical and Conforming Amendment.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 89 the following: ``90. Long-Term Care Insurance.............................. 9001''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTATION. There are authorized to be appropriated such sums as may be necessary to pay costs incurred by the Office of Personnel Management for implementation of chapter 90 of title 5, United States Code, during the period between the date of enactment of this Act and the date on which long-term care insurance coverage first becomes effective under that chapter. Any reimbursement of such costs by a carrier under section 9005(f) of title 5, United States Code (as added by this Act) shall be deposited in the General Fund. SEC. 4. EFFECTIVE DATE. (a) In General.--The amendments made by this Act shall take effect on the date of enactment of this Act. (b) Coverage.--Coverage under this Act shall become effective as specified by the Office of Personnel Management, except that such coverage shall be effective not later than the first day of the first fiscal year beginning more than 2 years after the date of enactment of this Act.

Authorizes the Office of Personnel Management, without regard to statutes requiring competitive bidding, to contract with qualified carriers to provide long-term care insurance under this Act. Sets forth contract terms, including a requirement that coverage may not be canceled except for nonpayment of premiums. Provides for five-year contracts. Describes conditions under which coverage may be terminated. Sets forth required elements of contracts, including portability of benefits. Makes insured individuals responsible for 100 percent of the charges of coverage and requires individuals to have amounts withheld from pay for their coverage (authorizes such withholding for qualified relatives). Requires such reimbursements to be deposited into the Employees Health Benefits Fund and held in a separate Long-Term Care Insurance Account. Preempts State and local law. Requires qualified carriers to furnish reasonable reports and permit audits. Requires insurance benefits claims to be filed within four years after the date on which the cost was incurred or the service was provided. Provides jurisdiction for disputed claims through U.S. district courts after exhausting all available administrative remedies. Authorizes appropriations.

Federal Employees and Uniformed Services Group Long-Term Care Insurance Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Retirees Health Care Protection Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) Career members of the Armed Forces and their families endure unique and extraordinary demands, and make extraordinary sacrifices, over the course of 20-year to 30-year careers in protecting freedom for all Americans. (2) The nature and extent of these demands and sacrifices are never so evident as in wartime, not only during the current Global War on Terrorism, but also during the wars of the last 60 years when current retired members of the Armed Forces were on continuous call to go in harm's way when and as needed. (3) The demands and sacrifices are such that few Americans are willing to bear or accept them for a multi-decade career. (4) A primary benefit of enduring the extraordinary sacrifices inherent in a military career is a range of extraordinary retirement benefits that a grateful Nation provides for those who choose to subordinate much of their personal life to the national interest for so many years. (5) One effect of such curtailment is that retired members of the Armed Forces are turning for health care services to the Department of Defense, and its TRICARE program, for the health care benefits in retirement that they earned by their service in the Armed Forces. (6) In some cases, civilian employers establish financial incentives for employees who are also eligible for participation in the TRICARE program to receive health care benefits under that program rather than under the health care benefits programs of such employers. (7) While the Department of Defense has made some efforts to contain increases in the cost of the TRICARE program, a large part of those efforts has been devoted to shifting a larger share of the costs of benefits under that program to retired members of the Armed Forces. (8) The cumulative increase in enrollment fees, deductibles, and copayments being proposed by the Department of Defense for health care benefits under the TRICARE program far exceeds the 31 percent increase in military retired pay since such fees, deductibles, and copayments were first required on the part of retired members of the Armed Forces 10 years ago. (9) Proposals of the Department of Defense for increases in the enrollment fees, deductibles, and copayments of retired members of the Armed Forces who are participants in the TRICARE program fail to recognize adequately that such members paid the equivalent of enormous in-kind premiums for health care in retirement through their extended sacrifices by service in the Armed Forces. (10) Some of the Nation's health care providers refuse to accept participants in the TRICARE program as patients because that program pays them significantly less than commercial insurance programs, and imposes unique administrative requirements, for health care services. (11) The Department of Defense has chosen to count the accrual deposit to the Department of Defense Military Retiree Health Care Fund against the budget of the Department of Defense, contrary to the requirements of section 1116 of title 10, United States Code, as amended section 725 of Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1991). (12) Senior officials of the Department of Defense leaders have reported to Congress that counting such deposits against the budget of the Department of Defense is impinging on other readiness needs of the Armed Forces, including weapons programs, an inappropriate situation which section 1116 of title 10, United States Code, was intended expressly to prevent. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Department of Defense and the Nation have a committed obligation to provide health care benefits to retired members of the Armed Forces that exceeds the obligation of corporate employers to provide health care benefits to their employees; (2) the Department of Defense has many additional options to constrain the growth of health care spending in ways that do not disadvantage retired members of the Armed Forces who participate or seek to participate in the TRICARE program and should pursue any and all such options rather than seeking large increases for enrollment fees, deductibles, and copayments for such retirees, and their families or survivors, who do participate in that program; (3) any percentage increase in fees, deductibles, and copayments that may be considered under the TRICARE program for retired members of the Armed Forces and their families or survivors should not in any case exceed the percentage increase in military retired pay; and (4) any percentage increase in fees, deductibles, and copayments under the TRICARE program that may be considered for members of the Armed Forces who are currently serving on active duty or in the Selected Reserve, and for the families of such members, should not exceed the percentage increase in basic pay or compensation for such members. SEC. 3. LIMITATIONS ON CERTAIN INCREASES IN HEALTH CARE COSTS FOR MEMBERS OF THE UNIFORMED SERVICES. (a) Pharmacy Benefits Program.--Section 1074g of title 10, United Stated Code, is amended by adding at the end the following new subparagraph: ``(C) The amount of any cost sharing requirements under this paragraph shall not be increased in any year by a percentage that exceeds the percentage increase of the most current previous adjustment to retired pay for members of the armed forces under section 1401a(b)(2) of this title. To the extent that such increase for any year is less than one dollar, the accumulated increase may be carried over from year to year, rounded to the nearest dollar.''. (b) Premiums for TRICARE Standard for Reserve Component Members Who Commit to Service in the Selected Reserve After Active Duty.--Section 1076d(d)(3) of such title is amended-- (1) by striking ``The monthly amount'' and inserting ``(A) Except as provided in subparagraph (B), the monthly amount''; and (2) by adding at the end the following new subparagraph: ``(B) In any year after 2006, the percentage increase in the amount of the premium in effect for a month for TRICARE Standard coverage under this section may not exceed a percentage equal to the percentage of the most recent increase in the rate of basic pay authorized for members of the uniformed services for a year.''. (c) Copayments Under CHAMPUS.--Section 1086(b)(3) of such title is amended in the first sentence by inserting before the period at the end the following: ``, except that in no event may such charges exceed $535 per day''. (d) Prohibition on Enrollment Fees Under CHAMPUS.--Section 1086(b) of such title is further amended by adding at the end the following new paragraph: ``(5) A person covered by subsection (c) may not be charged an enrollment fee for coverage under this section.''. (e) Premiums and Other Charges Under TRICARE.--Section 1097(e) of such title is amended-- (1) by inserting ``(1)'' before ``The Secretary of Defense''; and (2) by adding at the end the following new paragraph: ``(2) In any year after 2006, the percentage increase in the amount of any premium, deductible, copayment or other charge established by the Secretary of Defense under this section may not exceed the percentage increase of the most current previous adjustment of retired pay for members and former members of the armed forces under section 1041a(b)(2) of this title.''.

Military Retirees Health Care Protection Act - Expresses the sense of Congress that: (1) the Department of Defense (DOD) and the nation have a committed obligation to provide health benefits to retired military personnel that exceeds the obligation of corporate employers to their employees; (2) DOD has many additional options to constrain the growth of health care spending in ways that do not disadvantage retirees, and should pursue such options rather than seeking large fee increases for retirees and their dependents; and (3) any percentage increase in health care fees, deductibles, or copayments for retirees and their families, and for members of the Selected Reserve currently serving on active duty and their families, should not exceed the percentage increase in military retired pay or basic pay, respectively. Limits to the previous percentage increase in retired or basic pay the authorized annual fee increase under: (1) the DOD pharmacy benefits program; and (2) certain premiums and other charges under the TRICARE program (a DOD managed health care program). Prohibits: (1) charges for DOD inpatient care from exceeding $535 per day; and (2) charging an enrollment fee under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS).

A bill to amend title 10, United States Code, to limit increases in the costs to retired members of the Armed Forces of health care services under the TRICARE program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clear Your Good Name Act''. SEC. 2. REFERENCES IN FEDERAL RECORDS TO VOIDABLE ARRESTS. (a) In General.--Any reference in any Federal law enforcement agency record to an arrest of a person living after the effective date of this Act, and any Federal law enforcement agency record (such as fingerprint records or photographs) generated pursuant to that arrest, shall be expunged-- (1) not later than 30 days after the date on which that arrest becomes a voidable arrest, if the arrest occurred on or after the effective date of this Act; or (2) to the extent provided in a Federal expungement order, if the arrest occurred before the effective date of this Act. (b) Federal Expungement Order.--Any person living after the effective date of this Act may petition a Federal district court of competent jurisdiction for a Federal expungement order referred to in subsection (a)(2). If the court finds that the arrest is a voidable arrest, the court shall order the custodian of the record to expunge, not later than 30 days after the receipt of the order-- (1) any reference to that arrest; and (2) any record generated pursuant to that arrest. (c) Regulations.--The Attorney General shall issue regulations to ensure compliance with the requirements of subsection (a). (d) Class B Misdemeanor.--Whoever knowingly fails to expunge a reference or record required to be expunged by this section, or releases a reference or record required to be expunged by this section, shall be-- (1) guilty of a class B misdemeanor; and (2) punished in accordance with title 18, United States Code. (e) Right of Individual With Voidable Arrest.--If an arrest is a voidable arrest, the person arrested may respond to any inquiry as though the arrest did not occur, unless otherwise provided by law. (f) Voidable Arrest.--For purposes of this Act, the term ``voidable arrest'' means any arrest resulting in any of the following: (1) Release of the person without the filing of formal charges against the person. (2) Dismissal of proceedings against the person. (3) A determination that the arrest was without probable cause. (g) Effective Date.--This section shall take effect on the first day of the fiscal year succeeding the first fiscal year beginning two years after the date of the enactment of this Act. SEC. 3. REFERENCES IN STATE RECORDS TO VOIDABLE ARRESTS. (a) Grant Incentive.--Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended by adding at the end the following: ``(g) Incentive Funds.-- ``(1) In general.--The funds available under this subpart for a State shall be increased by 10 percent if a State has in effect throughout the State a law which provides expungement procedures, criminal penalties, and individual rights with respect to voidable arrests that are substantially similar to the Federal procedures, penalties, and rights set forth in section 2 of the Clear Your Good Name Act. ``(2) Compliance.--The Attorney General shall issue regulations to ensure compliance with the requirements of paragraph (1).''. (b) Conforming Amendment.--Subsection (a) of such section is amended by striking ``subsection (f),'' and inserting ``subsections (f) and (g),''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the fiscal year succeeding the first fiscal year beginning two years after the date of the enactment of this Act. SEC. 4. REPORTS. (a) Federal Arrests and Expungements.--After the end of each fiscal year during which section 2 of this Act is in effect, the Attorney General shall submit to Congress a report on the implementation of that section in that fiscal year. The report shall include the following information: (1) The number of arrests that, during that fiscal year, became voidable arrests. (2) The number of voidable arrests the records of which were, during that fiscal year, expunged under section 2(a)(1) of this Act. (3) The number of voidable arrests the records of which were, during that fiscal year, expunged under section 2(a)(2) of this Act. (b) State Arrests and Expungements.--After the end of each fiscal year during which subsection (g) of section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756), as added by section 3 of this Act, is in effect, the Attorney General shall submit to Congress a report on the implementation of that subsection in that fiscal year. The report shall include, for each State referred to in that subsection, the following information: (1) The number of arrests that, during that fiscal year, became voidable arrests. (2) The number of voidable arrests the records of which were, during that fiscal year, expunged under the provision of law of that State that is substantially similar to section 2(a)(1) of this Act. (3) The number of voidable arrests the records of which were, during that fiscal year, expunged under the provision of law of that State that is substantially similar to section 2(a)(2) of this Act.

Clear Your Good Name Act - Requires that a reference in any Federal law enforcement agency record to an arrest of a person living after the effective date of this Act, and any Federal law enforcement record (such as fingerprint records or photographs) generated pursuant to that arrest, be expunged: (1) within 30 days after the date on which that arrest becomes a "voidable arrest" (i.e., an arrest resulting in the release of the person without the filing of formal charges, dismissal of proceedings against the person, or a determination that the arrest was without probable cause); and (2) to the extent provided in a Federal expungement order, if the arrest occurred before this Act's effective date. Permits individuals to petition for a Federal expungement order.Makes it a class B misdemeanor to release or to knowingly fail to expunge a reference or record required to be expunged by this Act. Allows the person arrested to respond to any inquiry as though the voidable arrest did not occur.Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase the percentage of funding under the drug control and system improvement (Byrne) grant program if a State has in effect a law which provides substantially similar expungement procedures, criminal penalties, and individual rights regarding voidable arrests.

To require Federal law enforcement agencies to expunge voidable arrest records, to provide incentive funds to States that have in effect a system for expunging such records, and for other purposes.

SECTION 1. FINDINGS. (a) Findings.--Congress finds the following: (1) The Federal Highway Administration estimates that there are 604,485 bridges on the Nation's public road network, of which 116,669 are on the National Highway System. (2) The average age of the Nation's bridges is 39 years old and more than two-thirds of the Nation's bridges are more than 26 years old. (3) One in 9 bridges is classified as structurally deficient and requires significant maintenance, repair, or replacement. (4) Fourteen percent of the Nation's bridges are functionally obsolete and do not meet current design standards. (5) The Federal Highway Administration estimates that to eliminate the Nation's deficient bridge backlog by 2030, $20.2 billion of investment would be required annually through Federal, State, and local levels of government, although current annual bridge investment is approximately $17.1 billion. (b) Definitions.--In this section, the following definitions apply: (1) Eligible funds.-- (A) In general.--The term ``eligible funds'' means funds-- (i) authorized or designated in-- (I) Public Law 109-59 or a prior surface transportation authorization Act; or (II) an appropriations Act, or a report accompanying an appropriations Act, for allocation to a specific surface transportation project or activity; and (ii) identified, not later than 60 days after the date of enactment of this Act, by the State in which the project or activity is authorized to be carried out as being excess funds or inactive funds. (B) Inclusion.--The term ``eligible funds'' includes funds described in subparagraph (A) that were allocated and designated for a demonstration project. (2) Excess funds.--The term ``excess funds'' means-- (A) funds obligated for a specific surface transportation project or activity that remain available for the project or activity after the project or activity has been completed or canceled; or (B) an unobligated balance of funds allocated for a specific surface transportation project or activity that the State in which the project or activity is authorized to be carried out certifies is no longer needed for the project or activity. (3) Inactive funds.--The term ``inactive funds'' means-- (A) an unobligated balance of Federal funds for an eligible surface transportation project or activity against which no more than 10 percent of the Federal funds originally designated for the project or activity have been obligated; or (B) funds that are available to carry out a surface transportation project or activity in a State, but, as certified by the State, are unlikely to be advanced for the project or activity during the 1-year period beginning on the date of certification. (c) Availability of Funds for Bridge Projects.--Eligible funds shall be-- (1) made available in accordance with this section to the State that originally received the funds; and (2) available for obligation for any eligible project under section 133(b)(2) or 133(b)(3) of title 23, United States Code. (d) Authority To Obligate.--Notwithstanding the original source or period of availability of eligible funds, the Secretary of Transportation may, on the request by a State-- (1) obligate the funds for any eligible project under section 133(b)(2) or 133(b)(3) of title 23, United States Code; or (2)(A) deobligate the funds; and (B) reobligate the funds for any project eligible under such sections. (e) Period of Availability; Title 23 Requirements.-- (1) In general.--Notwithstanding the original source or period of availability of eligible funds obligated (or deobligated and reobligated) under subsection (d), the eligible funds-- (A) shall remain available for obligation for a period of 3 fiscal years after the fiscal year in which this Act is enacted; and (B) except as otherwise provided in this subsection, shall be subject to the requirements of title 23, United States Code, that apply to section 133 of that title, including provisions relating to Federal share. (2) No allocation based on population.--Section 133(d) of title 23, United States Code, shall not apply to eligible funds under this section. (f) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives a report describing any action taken by the Secretary under this section.

This bill authorizes the Department of Transportation to permit states to carry out bridge projects using previously allocated funds that have been identified as being excess or inactive. The projects may include operational improvements, capital and operating costs, environmental measures, and transportation control measures. The funds will remain available for three years after the year in which this bill is enacted.

To authorize States to carry out bridge construction, maintenance, repair, and replacement projects using previously allocated surface transportation funds that are identified as being excess or inactive, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Housing Improvement Act of 1994''. SEC. 2. REPEAL OF 1-FOR-1 REPLACEMENT REQUIREMENT. (a) In General.--Section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by inserting ``and'' after the semicolon at the end; (B) in paragraph (2), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3); and (2) in subsection (c)-- (A) by striking the paragraph designation for paragraph (1); and (B) by striking paragraph (2). (b) Effective Date.--The amendments under subsection (a) shall be made and shall take effect on October 1, 1994. SEC. 3. USE OF MODERNIZATION FUNDS FOR COST-EFFECTIVE NEW CONSTRUCTION. Section 14 of the United States Housing Act of 1937 (42 U.S.C. 1437l) is amended-- (1) in subsection (a)(1), by inserting before the semicolon the following: ``or replace existing public housing projects whose physical condition is such that replacement units may be newly constructed at a cost not greater than the cost of improving such units''; (2) in subsection (b)(1), by inserting after ``public housing projects'' the following: ``(or replacing such projects through new construction pursuant to subsection (f)(3))''; (3) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``and'' before ``(B)''; and (ii) by inserting before the semicolon at the end the following: ``, and (C) for any project for which replacement through new construction is proposed under subsection (f)(3), the estimated cost of the physical improvements to and replacements for the project under this paragraph and paragraph (2) and the estimated cost of the new construction''; and (B) in paragraph (4)(A)-- (i) in clause (i), by striking ``and'' at the end; and (ii) by adding at the end the following new clause: ``(iii) to replace any projects through new construction pursuant to subsection (f)(3); and''; (4) in subsection (e)(1)-- (A) in subparagraph (A)-- (i) in clause (ii), by striking ``and'' at the end; (ii) in clause (iii), by inserting ``and'' after the semicolon at the end; and (iii) by inserting after clause (iii) the following new clause: ``(iv) for any project for which replacement through new construction is proposed under subsection (f)(3), the estimated cost of the physical improvements to and replacements for the project under this subparagraph and the estimated cost of the new construction''; and (B) in subparagraph (D)-- (i) in clause (i), by striking ``and'' at the end; (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting after clause (i) the following new clause: ``(ii) to replace any projects through new construction pursuant to subsection (f)(3); and''; and (5) in subsection (f), by adding at the end the following new paragraph: ``(3) A public housing agency may use financial assistance received under subsection (b) for development costs of new public housing projects to replace a project otherwise eligible for assistance under this section and for costs of demolition or disposition of such projects replaced, but only if-- ``(A) the sum of such development and demolition or disposition costs does not exceed the sum of the costs of the physical improvements necessary to the project replaced to meet the standards established by the Secretary under subsection (j) and the costs of replacement equipment systems and structural elements that will be required during the ensuing 5-year period; and ``(B) the public housing agency enters into an agreement with the Secretary providing that the public housing developed will comply with any requirements pursuant to this Act applicable to public housing developed under a contract under section 5 for contributions for development costs of public housing.''. SEC. 4. MANDATORY PRIVATE MANAGEMENT OF CHRONICALLY TROUBLED PUBLIC HOUSING AGENCIES. Section 6(j) of the United States Housing Act of 1937 (42 U.S.C. 1437d(j)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(4)(A) Notwithstanding any other provision of law or of any contract for contributions, the Secretary shall transfer the management of public housing projects owned or operated by a troubled public housing agency to a private management entity selected by the Secretary if, for any year-- ``(i) the public housing is designated pursuant to paragraph (2) as a troubled public housing agency: and ``(ii) for the preceding 5 years, the agency was designated as a troubled public housing agency. ``(B) In selecting a private management entity to manage public housing pursuant to this paragraph, the Secretary shall consult with residents of the public housing (including any resident council for the housing). ``(C) In transferring management of public housing under this paragraph, the Secretary shall enter into a contract with the private management entity. The contract shall meet the requirements of section 25(h)(1), shall provide for the private management entity to periodically consult with residents of the housing (including any resident council for the housing) regarding management of and living conditions in the housing, and may make operating subsidies and funding for capital improvements available to the private management entity managing the public housing pursuant to this paragraph in the manner provided under section 25 for managers of eligible housing (as such term is defined in such section). ``(D) The provisions of section 25(j) relating to managers of eligible housing under such section shall apply with respect to any private management entity managing public housing pursuant to this paragraph. ``(E) The Secretary shall transfer management of public housing that was transferred to a private management agency under this paragraph back to the public housing agency immediately upon the removal of the designation of the agency as a troubled public housing agency.''.

Public Housing Improvement Act of 1994 - Amends the United States Housing Act of 1937 to repeal the public housing demolition one-for-one replacement requirement. Permits the use of modernization funds for cost-effective new construction. Directs the Secretary of Housing and Urban Development to transfer the management of chronically troubled public housing agencies to private management.

Public Housing Improvement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antiterrorism Tools Enhancement Act of 2003''. SEC. 2. NATIONWIDE SEARCH WARRANTS IN TERRORISM INVESTIGATIONS. Rule 41(b)(3) of the Federal Rules of Criminal Procedure is amended to read as follows: ``(3) a magistrate judge--in an investigation of (A) a Federal crime of terrorism (as defined in 18 U.S.C. 2332b(g)(g)); or (B) an offense under 18 U.S.C. 1001 or 1505 relating to information or purported information concerning a Federal crime of terrorism (as defined in 18 U.S.C. 2332b(g)(5))--having authority in any district in which activities related to the Federal crime of terrorism or offense may have occurred, may issue a warrant for a person or property within or outside that district.''. SEC. 3. ADMINISTRATIVE SUBPOENAS IN TERRORISM INVESTIGATIONS. (a) In General.--Chapter 113B of title 18, United States Code, is amended by inserting after section 2332f the following: ``Sec. 2332g. Administrative subpoenas in terrorism investigations ``(a) Authorization of Use.--In any investigation concerning a Federal crime of terrorism (as defined in section 2332b(g)(5)), the Attorney General may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, electronic data, and other tangible things that constitute or contain evidence) that he finds relevant or material to the investigation. A subpoena under this section shall describe the records or items required to be produced and prescribe a return date within a reasonable period of time within which the records or items can be assembled and made available. The attendance of witnesses and the production of records may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing; except that a witness shall not be required to appear at any hearing more than 500 miles distant from the place where he was served with a subpoena. Witnesses summoned under this section shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. ``(b) Service.--A subpoena issued under this section may be served by any person designated in the subpoena as the agent of service. Service upon a natural person may be made by personal delivery of the subpoena to him or by certified mail with return receipt requested. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered by him on a true copy thereof shall be sufficient proof of service. ``(c) Enforcement.--In the case of the contumacy by, or refusal to obey a subpoena issued to, any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or the subpoenaed person resides, carries on business, or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person, in accordance with the subpoena, to appear, to produce records, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as contempt thereof. Any process under this subsection may be served in any judicial district in which the person may be found. ``(d)(1) Nondisclosure requirement.--If the Attorney General certifies that otherwise there may result a danger to the national security, no person shall disclose to any other person that a subpoena was received or records were provided pursuant to this section, other than to (A) those persons to whom such disclosure is necessary in order to comply with the subpoena, (B) an attorney to obtain legal advice with respect to testimony or the production of records in response to the subpoena, or (C) other persons as permitted by the Attorney General. The subpoena, or an officer, employee, or agency of the United States in writing, shall notify the person to whom the subpoena is directed of such nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibition of disclosure. ``(2) Enforcement of nondisclosure requirement.--Whoever knowingly violates subsection (d)(1) of this section shall be imprisoned for not more than one year, and if the violation is committed with the intent to obstruct an investigation or judicial proceeding, shall be imprisoned for not more than five years. ``(3) Termination of nondisclosure requirement.--When the Attorney General concludes that a nondisclosure requirement no longer is justified by a danger to the national security, an officer, employee, or agency of the United States shall notify the relevant person that the prohibition of disclosure is no longer applicable. ``(e) Judicial Review.--At any time before the return date specified in the summons, the person or entity summoned may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the summons. Any such court may modify or set aside a nondisclosure requirement imposed under subsection (d) at the request of a person to whom a subpoena has been directed, unless there is reason to believe that the nondisclosure requirement is justified because otherwise there may result a danger to the national security. In all proceedings under this subsection, the court shall review the government's submission, which may include classified information, ex parte and in camera. ``(f) Immunity From Civil Liability.--Any person, including officers, agents, and employees, who in good faith produce the records or items requested in a subpoena shall not be liable in any court of any State or the United States to any customer or other person for such production or for nondisclosure of that production to the customer or other person. ``(g) Guidelines.--The Attorney General shall issue guidelines to ensure the effective implementation of this section.''. (b) Amendment to Table of Sections.--The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by inserting after the item relating to section 2332f the following new item: ``2332g. Administrative subpoenas in terrorism investigations.''.

Antiterrorism Tools Enhancement Act of 2003 - Amends the Federal Rules of Criminal Procedure to authorize a magistrate judge, at the request of a Federal law enforcement officer or attorney for the Government, to issue a warrant in an investigation of a Federal crime of terrorism or of specified offenses relating to information concerning such a crime (currently, in an investigation of domestic or international terrorism). Authorizes the Attorney General, in any investigation concerning a Federal crime of terrorism, to subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of records that he finds relevant or material to the investigation. Provides that the attendance of witnesses and the production of records may be required from any place subject to U.S. jurisdiction at any designated hearing place, except that a witness shall not be required to appear at any hearing more than 500 miles distant from the place where he was served with a subpoena. Sets forth provisions regarding the service of subpoenas, enforcement of subpoenas, a nondisclosure requirement and its enforcement (if the Attorney General certifies that otherwise there may result a danger to national security), termination of such requirement, and judicial review. Immunizes from civil liability any person who in good faith produces the records or items requested in a subpoena. Directs the Attorney General to issue guidelines to ensure the effective implementation of this Act.

To strengthen antiterrorism investigative tools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Caregiver Credit Act of 2017''. SEC. 2. FINDINGS AND SENSE OF THE SENATE. (a) Findings.--Congress finds that: (1) Caregiving is an essential element of family life and a vital service for children, the ill, the disabled, and the elderly. (2) The establishment of a caregiver credit would bolster the economic prospects of unpaid caregivers and would provide them with vital retirement security. (3) The 2015 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds concluded that the combined Trust Funds will be able to pay scheduled benefits in full until 2034. (4) While there is no immediate crisis, policy options should be considered to extend OASDI solvency, including by eradicating the gender wage gap, increasing overall employment, or increasing the minimum wage. (b) Sense of the Senate.--It is the sense of Senate that the United States Congress must address the unfair exclusion of professional and hardworking home care providers who are not eligible to receive Social Security or Medicare because they provide paid care to a family member with a disability under programs operated at the State and local level for general health and welfare protection. SEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES. (a) In General.--Title II of the Social Security Act is amended by adding after section 234 (42 U.S.C. 434) the following new section: ``deemed wages for caregivers of dependent relatives ``Sec. 235. (a) Definitions.--For purposes of this section-- ``(1)(A) Subject to subparagraph (B), the term `qualifying month' means, in connection with an individual, any month-- ``(i) beginning after the date which is 60 months prior to the date of the enactment of the Social Security Caregiver Credit Act of 2017, and ``(ii) during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. ``(B) The term `qualifying month' does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). ``(2) The term `dependent relative' means, in connection with an individual-- ``(A) a child, grandchild, niece, or nephew (of such individual or such individual's spouse or domestic partner), or a child to which the individual or the individual's spouse or domestic partner is standing in loco parentis, who is under the age of 12, or ``(B) a child, grandchild, niece, or nephew (of such individual or such individual's spouse or domestic partner), a child to which the individual or the individual's spouse or domestic partner is standing in loco parentis, a parent, grandparent, sibling, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual's spouse or domestic partner, if such child, grandchild, niece, nephew, parent, grandparent, sibling, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. ``(3)(A) The term `chronically dependent individual' means an individual who-- ``(i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)) or instrumental activities of daily living (described in subparagraph (C)), and ``(ii) without the assistance described in clause (i), could not perform such activities of daily living or instrumental activities of daily living. ``(B) The `activities of daily living' referred to in subparagraph (A) means basic personal everyday activities, including-- ``(i) Eating. ``(ii) Bathing. ``(iii) Dressing. ``(iv) Toileting. ``(v) Transferring in and out of a bed or in and out of a chair. ``(C) The `instrumental activities of daily living' referred to in subparagraph (A) means activities related to living independently in the community, including-- ``(i) Meal planning and preparation. ``(ii) Managing finances. ``(iii) Shopping for food, clothing, or other essential items. ``(iv) Performing essential household chores. ``(v) Communicating by phone or other form of media. ``(vi) Traveling around and participating in the community. ``(b) Deemed Wages of Caregiver.--(1)(A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2017, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to-- ``(i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and ``(ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over \1/2\ of the wages or self-employment income actually paid to or derived by such individual during such month. ``(B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. ``(2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. ``(c) Rules and Regulations.-- ``(1) Not later than one year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section and to prevent fraud and abuse with respect to the benefits under this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). ``(2) A qualifying month shall not be taken into account under this section with respect to an individual unless-- ``(A) the individual submits to the Commissioner of Social Security an application for benefits under this section that includes-- ``(i) the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month; ``(ii) if the dependent relative is not a child under the age of 12, documentation from the physician of the dependent relative explaining why the dependent relative is a chronically dependent individual; and ``(iii) such other information as the Commissioner may require to verify the status of the dependent relative; and ``(B) for every qualifying month or period of up to 12 consecutive qualifying months that occurs after the first period of 12 consecutive qualifying months, the individual certifies, in such form and manner as the Commissioner shall require, that the information provided in the individual's application for benefits under this section has not changed.''. (b) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) is amended-- (1) by striking ``and'' before ``230(b)(2)'' the first time it appears; and (2) by inserting ``and 235(b)(1)(A)(i),'' after ``1977),''. SEC. 4. PROMOTING STATE PROGRAMS TO PROVIDE MEDICAL TRAINING TO CAREGIVERS. (a) In General.--The Secretary of Health and Human Services is authorized to make grants to States to support State programs that provide medical training to individuals who provide care to dependent relatives without monetary compensation. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Social Security Caregiver Credit Act of 2017 This bill amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act, for purposes of determining OASDI benefits, to credit individuals who serve as caregivers of dependent relatives with deemed wages for up to five years of such service. Specifically, an individual shall be deemed to have been paid a wage (according to a specified formula) during each month in which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation. However, this requirement shall not apply if a larger benefit or payment would otherwise be payable. The bill also authorizes the Department of Health and Human Services to make grants to support state programs that provide medical training to individuals who provide care to dependent relatives without monetary compensation.

Social Security Caregiver Credit Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending Enhancement Act of 1995''. SEC. 2. REDUCED LEVEL OF PARTICIPATION IN GUARANTEED LOANS. Section 7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)) is amended to read as follows: ``(2) Level of participation in guaranteed loans.-- ``(A) In general.--Except as provided in subparagraph (B), in an agreement to participate in a loan on a deferred basis under this subsection (including a loan made under the Preferred Lenders Program), such participation by the Administration shall be equal to-- ``(i) 75 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance exceeds $100,000; or ``(ii) 80 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance is less than or equal to $100,000. ``(B) Reduced participation upon request.-- ``(i) In general.--The guarantee percentage specified by subparagraph (A) for any loan under this subsection may be reduced upon the request of the participating lender. ``(ii) Prohibition.--The Administration shall not use the guarantee percentage requested by a participating lender under clause (i) as a criterion for establishing priorities in approving loan guarantee requests under this subsection. ``(C) Interest rate under preferred lenders program.-- ``(i) In general.--The maximum interest rate for a loan guaranteed under the Preferred Lenders Program shall not exceed the maximum interest rate, as determined by the Administration, applicable to other loans guaranteed under this subsection. ``(ii) Preferred lenders program defined.--For purposes of this subparagraph, the term `Preferred Lenders Program' means any program established by the Administrator, as authorized under the proviso in section 5(b)(7), under which a written agreement between the lender and the Administration delegates to the lender-- ``(I) complete authority to make and close loans with a guarantee from the Administration without obtaining the prior specific approval of the Administration; and ``(II) authority to service and liquidate such loans.''. SEC. 3. GUARANTEE FEES. (a) Amount of Fees.--Section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)) is amended to read as follows: ``(18) Guarantee fees.-- ``(A) In general.--With respect to each loan guaranteed under this subsection (other than a loan that is repayable in 1 year or less), the Administration shall collect a guarantee fee, which shall be payable by the participating lender and may be charged to the borrower, in an amount equal to the sum of-- ``(i) 3 percent of the amount of the deferred participation share of the loan that is less than or equal to $250,000; ``(ii) if the deferred participation share of the loan exceeds $250,000, 3.5 percent of the difference between-- ``(I) $500,000 or the total deferred participation share of the loan, whichever is less; and ``(II) $250,000; and ``(iii) if the deferred participation share of the loan exceeds $500,000, 3.875 percent of the difference between-- ``(I) the total deferred participation share of the loan; and ``(II) $500,000. ``(B) Exception for certain loans.--Notwithstanding subparagraph (A), if the total deferred participation share of a loan guaranteed under this subsection is less than or equal to $80,000, the guarantee fee collected under subparagraph (A) shall be in an amount equal to 2 percent of the total deferred participation share of the loan.''. (b) Repeal of Provisions Allowing Retention of Fees by Lenders.-- Section 7(a)(19) of the Small Business Act (15 U.S.C. 636(a)(19)) is amended-- (1) in subparagraph (B)-- (A) by striking ``shall (i) develop'' and inserting ``shall develop''; and (B) by striking ``, and (ii)'' and all that follows through the end of the subparagraph and inserting a period; and (2) by striking subparagraph (C). SEC. 4. ESTABLISHMENT OF ANNUAL FEE. (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(23) Annual fee.-- ``(A) In general.--With respect to each loan guaranteed under this subsection, the Administration shall, in accordance with such terms and procedures as the Administration shall establish by regulation, assess and collect an annual fee in an amount equal to 0.5 percent of the outstanding balance of the deferred participation share of the loan. ``(B) Payer.--The annual fee assessed under subparagraph (A) shall be payable by the participating lender and shall not be charged to the borrower.''. (b) Conforming Amendment.--Section 5(g)(4)(A) of the Small Business Act (15 U.S.C. 634(g)(4)(A)) is amended-- (1) by striking the first sentence and inserting the following: ``The Administration may collect a fee for any loan guarantee sold into the secondary market under subsection (f) in an amount equal to not more than 50 percent of the portion of the sale price that exceeds 110 percent of the outstanding principal amount of the portion of the loan guaranteed by the Administration.''; and (2) by striking ``fees'' each place such term appears and inserting ``fee''. SEC. 5. NOTIFICATION REQUIREMENT. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following new paragraph: ``(24) Notification requirement.--The Administration shall notify the Committees on Small Business of the Senate and the House of Representatives not later than 15 days before making any significant policy or administrative change affecting the operation of the loan program under this subsection.''. SEC. 6. DEVELOPMENT COMPANY DEBENTURES. Section 503(b) of the Small Business Investment Act of 1958 (15 U.S.C. 697(b)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(7) with respect to each loan made from the proceeds of such debenture, the Administration-- ``(A) assesses and collects a fee, which shall be payable by the borrower, in an amount equal to 0.125 percent per year of the outstanding balance of the loan; and ``(B) uses the proceeds of such fee to offset the cost (as such term is defined in section 502 of the Federal Credit Reform Act of 1990) to the Administration of making guarantees under subsection (a).''. SEC. 7. PILOT PREFERRED SURETY BOND GUARANTEE PROGRAM EXTENSION. Section 207 of the Small Business Administration Reauthorization and Amendment Act of 1988 (15 U.S.C. 694b note) is amended by striking ``September 30, 1995'' and inserting ``September 30, 1997''. SEC. 8. APPLICABILITY. (a) In General.--Except as provided in subsection (b), the amendments made by this Act do not apply with respect to any loan made or guaranteed under the Small Business Act or the Small Business Investment Act of 1958 before the date of enactment of this Act. (b) Exceptions.--The amendments made by this Act apply to a loan made or guaranteed under the Small Business Act or the Small Business Investment Act of 1958 before the date of enactment of this Act, if the loan is refinanced, extended, restructured, or renewed on or after the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Small Business Lending Enhancement Act of 1995 - Amends the Small Business Act to reduce the level of participation by the Small Business Administration (SBA) in loans guaranteed under the Act on a deferred basis to: (1) 75 percent of the outstanding balance, if the balance exceeds $100,000; and (2) 80 percent of such balance, for balances less than or equal to $100,000. Allows such percentages to be reduced upon request of the participating lender. Prohibits the SBA from using the percentage requested as a criterion for establishing priorities in approving guarantee requests. Limits the maximum interest rate under the Preferred Lenders Program to that charged for other loan guarantees under the Act. Increases the loan guarantee fees authorized to be charged by the SBA on all guaranteed loans payable over a period in excess of one year. Establishes a fee of two percent of the total deferred participation share of loans of $80,000 or less. Repeals provisions allowing participating lenders providing loans of less than $75,000 to retain a portion of the loan guarantee fee charged by the SBA. Directs the SBA to assess and collect an annual fee, to be payable by the participating lender and not charged to the borrower, in an aggregate amount equal to 0.5 percent of the outstanding balance of the deferred participation share of the loan. Directs the SBA to notify the congressional small business committees at least 15 days before making any significant policy or administrative change affecting the operation of the SBA loan program. Amends the Small Business Investment Act of 1958 to direct the SBA, with respect to each guaranteed loan made from the proceeds of development company debentures issued by qualified State or local development companies, to: (1) assess and collect a fee for such loan, payable by the borrower; and (2) use the fee proceeds to offset the cost of making such loan guarantees. Amends the Small Business Administration Reauthorization and Amendment Act of 1988 to extend through FY 1997 the preferred surety bond guarantee pilot program.

Small Business Lending Enhancement Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Investment Act of 2003''. SEC. 2. TOLL TAX ON EXCESS QUALIFIED FOREIGN DISTRIBUTION AMOUNT. (a) In General.--Subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 (relating to controlled foreign corporations) is amended by adding at the end the following new section: ``SEC. 965. TOLL TAX IMPOSED ON EXCESS QUALIFIED FOREIGN DISTRIBUTION AMOUNT ``(a) Toll Tax Imposed on Excess Qualified Foreign Distribution Amount.--If a taxpayer elects the application of this section, a tax shall be imposed on the taxpayer in an amount equal to 5.25 percent of-- ``(1) the excess qualified foreign distribution amount, and ``(2) the amount determined under section 78 that is attributable to such excess qualified foreign distribution amount. Such tax shall be imposed in lieu of the tax imposed under section 1 or 11 on such amounts. ``(b) Excess Qualified Foreign Distribution Amount.-- ``(1) In general.--The term `excess qualified foreign distribution amount' means the excess (if any) of-- ``(A) dividends received by the taxpayer during the taxable year from corporations that are controlled foreign corporations in which the taxpayer is a United States shareholder on the date such dividends are paid, over ``(B) the base dividend amount. ``(2) Base dividend amount.--The term `base dividend amount' means an amount not less than the average amount of dividends received during the fixed base period from corporations that are controlled foreign corporations in which the taxpayer is a United States shareholder on the date such dividends are paid. ``(3) Fixed base period.-- ``(A) In general.--The term `fixed base period' means each of 3 taxable years which are among the 5 most recent taxable years of the taxpayer ending on or before December 31, 2002, determined by disregarding-- ``(i) the 1 taxable year for which the corporation had the highest amount of dividends from controlled foreign corporations relative to the other 4 taxable years, and ``(ii) the one taxable year for which the corporation had the lowest amount of dividends from controlled foreign corporations relative to the other 4 taxable years. ``(B) Shorter period.--If the taxpayer has fewer than 5 taxable years ending on or before December 31, 2002, then in lieu of applying subparagraph (b)(3)(A), the fixed base period shall mean such shorter period representing all of the taxable years beginning on or before December 31, 2002. Rules similar to the rules of section 41(f)(3) shall apply in the case of acquisitions or dispositions of controlled foreign corporations beginning after the fixed base period. ``(c) Definitions and Special Rules.-- ``(1) Dividends.--For purposes of this section, the term `dividend' means a dividend as defined in section 316, except that the term shall also include amounts described in section 951(a)(1)(B), and shall exclude amounts described in section 78. ``(2) Controlled foreign corporations and united states shareholders.--For purpose of this section, the term `controlled foreign corporation' shall have the same meaning as under section 957(a) and the term `United States shareholder' shall have the same meaning as under section 951(b). ``(3) Foreign tax credits.--The amount of any income, war, profits, or excess profits taxes paid (or deemed paid under sections 902 and 960) or accrued by the taxpayer with respect to the excess qualified foreign distribution amount for which a credit would be allowable under section 901 in the absence of this section shall be reduced by 85 percent. ``(4) Foreign tax credit limitation.--For all purposes of section 904, there shall be disregarded 85 percent of-- ``(A) the excess qualified foreign distribution amount, and ``(B) the amount determined under section 78 that is attributable to such excess qualified foreign distribution amount. ``(5) Treatment of consolidated groups.--Members of an affiliated group of corporations filing a consolidated return under section 1501 shall be treated as a single taxpayer in applying the rules of this section. ``(6) Designation of dividends.--The taxpayer shall designate the particular dividends received during the taxable year from one or more controlled foreign corporations in which it is a United States shareholder that are dividends excluded from the excess qualified foreign distribution amount. The total amount of such designated dividends shall equal the base dividend amount. ``(d) Election.-- ``(1) In general.--An election under this section shall be made on the taxpayer's timely filed income tax return for the taxable year (determined by taking extensions into account) and, once made, may be revoked only with the consent of the Secretary. ``(2) All controlled foreign corporations.--The election shall apply to all controlled foreign corporations in which the taxpayer is a United States shareholder during the taxable year. ``(3) Consolidated groups.--If a taxpayer is a member of an affiliated group of corporations filing a consolidated return under section 1501 for the taxable year, an election under this section shall be made by the common parent of the affiliated group which includes the taxpayer, and shall apply to all members of the affiliated group. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary and appropriate to carry out the purposes of this section, including regulations under section 55 and regulations addressing corporations that, during the fixed base period or thereafter, join or leave an affiliated group of corporations filing a consolidated return.''. (b) Clerical Amendment.--The table of sections for such subpart is amended by adding at the end the following new item: ``Sec. 965. Toll tax imposed on excess qualified foreign distribution amount.''. (c) Effective Date.--The amendments made by this section shall apply only to the first taxable year of the electing taxpayer ending 120 days after the date of the enactment of this Act.

Homeland Investment Act of 2003 - Amends the Internal Revenue Code to permit a U.S. corporation doing business abroad to elect to have its foreign earnings taxed in the United States for one year at a rate equal to 5.25 percent of the excess qualified foreign distribution and the amount attributable to such corporation as controlled foreign-earned dividends in lieu of being taxed under individual or corporate rates.Limits foreign tax credits with respect to dividends taxed at such 5.25 percent rate.

To amend the Internal Revenue Code of 1986 to encourage investing of foreign earnings within the United States for productive business purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reservist Access to Justice Act of 2007''. SEC. 2. IMPROVEMENTS TO VETERANS' REEMPLOYMENT RIGHTS. (a) Liquidated Damages.-- (1) State and private employers.--Section 4323(d)(1)(C) of title 38, United States Code, is amended to read as follows: ``(C) If the court determines that the employer's failure to comply with the provisions of this chapter was willful, the court may require the employer to pay the person an amount equal to the greater of-- ``(i) the amount referred to in subparagraph (B) as liquidated damages; or ``(ii) $20,000.''. (2) Federal government employers.--Section 4324 of such title is amended by adding at the end the following new subsection: ``(e)(1) In any action under this section, the court may award relief as follows: ``(A) The court may require the employer to comply with the provisions of this chapter. ``(B) The court may require the employer to compensate the person for any loss of wages or benefits suffered by reason of such employer's failure to comply with the provisions of this chapter. ``(C) If the court determines that the employer's failure to comply with the provisions of this chapter was willful, the court may require the employer to pay the person an amount equal to the greater of-- ``(i) the amount referred to in subparagraph (B) as liquidated damages; or ``(ii) $20,000. ``(2)(A) Any compensation awarded under subparagraph (B) or (C) of paragraph (1) shall be in addition to, and shall not diminish, any of the other rights and benefits provided for under this chapter. ``(B) In the case of an action commenced in the name of the United States for which the relief includes compensation awarded under subparagraph (B) or (C) of paragraph (1), such compensation shall be held in a special deposit account and shall be paid, on order of the Attorney General, directly to the person. If the compensation is not paid to the person because of inability to do so within a period of 3 years, the compensation shall be covered into the Treasury of the United States as miscellaneous receipts.''. (b) Injunctive Relief.--Section 4323(e) of such title is amended by striking ``may'' and inserting ``shall''. (c) Punitive Damages Authorized for Certain State and Private Employers Who Violate Chapter 43 of Title 38, United States Code.-- Section 4323(d) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(D) In the case of an employer with 15 or more employees, the court may require the employer to pay the person punitive damages, if the court determines that the employer's failure to comply with the provisions of this chapter was done with malice or reckless indifference to the federally-protected rights of the person.''. (d) Clarification of Right of Action Under USERRA.--Section 4323 of title 38, United States Code, is amended-- (1) in subsection (b), by striking paragraphs (2) and (3) and inserting the following new paragraph (2): ``(2) In the case of an action against a State (as an employer) or a private employer by a person, the action may be brought in a district court of the United States or State court of competent jurisdiction.''; (2) by redesignating subsection (j) as subsection (k); and (3) by inserting after subsection (i) the following new subsection (j): ``(j)(1)(A) A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the eleventh amendment to the Constitution or otherwise, to a suit brought by an employee of that program or activity under this chapter for the rights or benefits authorized the employee by this chapter. ``(B) In this paragraph, the term `program or activity' has the meaning given the term in section 309 of the Age Discrimination Act of 1975 (42 U.S.C. 6107). ``(2) An official of a State may be sued in the official capacity of the official by any person covered by paragraph (1) who seeks injunctive relief against a State (as an employer) under subsection (e). In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes (42 U.S.C. 1988).''. SEC. 3. EXEMPTION FROM CHAPTER 1 OF TITLE 9, UNITED STATES CODE, OF CLAIMS BY MEMBERS OF THE UNIFORMED SERVICES FOR EMPLOYMENT AND REEMPLOYMENT RIGHTS AND BENEFITS. Section 4322 of title 38, United States Code, is amended by adding at the end the following: ``(g) Chapter 1 of title 9 shall not apply with respect to employment or reemployment rights or benefits claimed under this subchapter.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to an action commenced after the date of the enactment of this Act.

Reservist Access to Justice Act of 2007 - Allows a court, if it determines that a federal, state, or private employer's failure to comply with a veteran's reemployment rights was willful, to require the employer to pay the individual the greater of any loss of wages or benefits, or $20,000. Requires (current law authorizes) a court to exercise injunctive relief to fully vindicate such rights. Authorizes a court to require a state or private employer to pay punitive damages for violations found to be with malice or reckless indifference to the individual's federally-protected reemployment rights. Makes federal arbitration procedures inapplicable to claims for veterans' employment and reemployment rights and benefits.

To amend title 38, United States Code, to improve veterans' reemployment rights under chapter 43 of such title, to exempt claims brought under that chapter from arbitration under chapter 1 of title 9 of such Code, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Part-Time and Temporary Workers Protection Act of 1993''. SEC. 2. ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION OF CERTAIN INDIVIDUALS SEEKING PART-TIME EMPLOYMENT. (a) General Rule.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to requirements for approval of State unemployment compensation laws) is amended by striking ``and'' at the end of paragraph (17), by redesignating paragraph (18) as paragraph (19), and by inserting after paragraph (17) the following new paragraph: ``(18) in applying the State law provisions relating to availability for work, active search for work, or refusal to accept work, the term `suitable work' shall not include any work where the individual would normally perform services for more hours per week than the number of hours per week for which the individual normally performed services in the individual's last job in the base period, and''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 3. ANNUAL BUREAU OF LABOR STATISTICS SURVEY RELATING TO TEMPORARY WORKERS. The Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics, shall establish and carry out an annual survey identifying-- (1) the characteristics of temporary workers in the United States; (2) the relationship between such workers and the establishments at which such workers are temporarily employed; and (3) where appropriate, the relationship between such workers and their permanent employers. SEC. 4. PROTECTION OF PART-TIME AND TEMPORARY WORKERS. (a) Treatment of Employees Working at Less Than Full-Time Under Participation, Vesting, and Accrual Rules Governing Pension Plans.-- (1) Participation rules.-- (A) In general.--Section 202(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3)) is amended by adding at the end the following new subparagraph: ``(E)(i) For purposes of this paragraph, in the case of any employee who, as of the beginning of the 12-month period referred to in subparagraph (A)-- ``(I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or ``(II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 500 hours of service within such 12-month period shall be treated as completion of 1,000 hours of service. ``(ii) For purposes of this subparagraph, the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan.''. (B) Conforming amendment.--Section 204(b)(1)(E) of such Act (29 U.S.C. 1054(b)(1)(E)) is amended by striking ``section 202(a)(3)(A)'' and inserting ``subparagraphs (A) and (E) of section 202(a)(3)''. (2) Vesting rules.-- (A) In general.--Section 203(b)(2) of such Act (29 U.S.C. 1053(b)(2)) is amended by adding at the end the following new subparagraph: ``(E)(i) For purposes of this paragraph, in the case of any employee who, as of the beginning of the period designated by the plan pursuant to subparagraph (A)-- ``(I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or ``(II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 500 hours of service within such period shall be treated as completion of 1,000 hours of service. ``(ii) For purposes of this subparagraph, the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan.''. (B) 1-year breaks in service.--Section 203(b)(3) of such Act (29 U.S.C. 1053(b)(3)) is amended by adding at the end the following new subparagraph: ``(F)(i) For purposes of this paragraph, in the case of any employee who, as of the beginning of the period designated by the plan pursuant to subparagraph (A)-- ``(I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or ``(II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 250 hours of service within such period shall be treated as completion of 500 hours of service. ``(ii) For purposes of this subparagraph, the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan.''. (3) Accrual rules.--Section 204(b)(4)(C) of such Act (29 U.S.C. 1054(b)(4)(C)) is amended-- (A) by inserting ``(i)'' after ``(C)''; and (B) by adding at the end the following new clauses: ``(ii) For purposes of this subparagraph, in the case of any employee who, as of the beginning of the period designated by the plan pursuant to clause (i)-- ``(I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or ``(II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 500 hours of service within such period shall be treated as completion of 1,000 hours of service. ``(iii) For purposes of clause (ii), the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan.''. (b) Treatment of Employees Working at Less Than Full-Time Under Group Health Plans. (1) In general.--Part 2 of subtitle B of title I of such Act is amended-- (A) by redesignating section 211 (29 U.S.C. 1061) as section 212; and (B) by inserting after section 210 (29 U.S.C. 1060) the following new section: ``treatment of part-time workers under group health plans ``Sec. 211. (a) In General.--A reduction in the employer-provided premium under a group health plan with respect to any employee for any period of coverage solely because the employee's customary employment is less than full-time may be provided under such plan only if the employee is described in subsection (b) and only to the extent permitted under subsection (c). ``(b) Reductions Applicable to Employees Working Less Than Full- Time.-- ``(1) In general.--An employee is described in this subsection if such employee, as of the beginning of the period of coverage referred to in subsection (a)-- ``(A) has customarily completed less than 30 hours of service per week, or ``(B) is employed in a type of position in which employment customarily constitutes less than 30 hours of service per week. ``(2) Regulations.--For purposes of paragraph (1), whether employment in any type of position customarily constitutes less than 30 hours of service per week shall be determined with respect to each group health plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work- force constituting the participants in such plan. ``(c) Amount of Permissible Reduction.--The employer-provided premium under a group health plan with respect to any employee for any period of coverage, after the reduction permitted under subsection (a), shall not be less than a ratable portion of the employer-provided premium which would be provided under such plan for such period of coverage with respect to an employee who completes 30 hours of service per week. ``(d) Definitions.--For purposes of this section-- ``(1) Group health plan.--The term `group health plan' has the meaning provided such term in section 607(1). ``(2) Employer-provided premium.-- ``(A) In general.--The term `employer-provided premium' under a plan for any period of coverage means the portion of the applicable premium under the plan for such period of coverage which is attributable under the plan to employer contributions. ``(B) Applicable premium.--For purposes of subparagraph (A), in determining the applicable premium of a group health plan, principles similar to the principles applicable under section 604 shall apply.''. (2) Conforming amendments.-- (A) Section 201(1) of such Act (29 U.S.C. 1051(1)) is amended by inserting ``, except with respect to section 211'' before the semicolon. (B) The table of contents in section 1 of such Act is amended by striking the item relating to section 211 and inserting the following new items: ``Sec. 211. Treatment of part-time workers under group health plans. ``Sec. 212. Effective date.''. (c) Expansion of Definition of Employee To Include Certain Individuals Whose Services Are Leased or Contracted for.--Paragraph (6) of section 3 of such Act (29 U.S.C. 1002(6)) is amended-- (1) by inserting ``(A)'' after ``(6)''; and (2) by adding at the end the following new subparagraph: ``(B) Such term includes, with respect to any employer, any person who is not an employee (within the meaning of subparagraph (A)) of such employer and who provides services to such employer, if-- ``(i) such person has (pursuant to an agreement with such employer or any other person) performed such services for such employer (or for such employer and related persons (within the meaning of section 144(a)(3) of the Internal Revenue Code of 1986)) for a period of at least 1 year (6 months in the case of core health benefits) at the rate of at least 500 hours of service per year, and ``(ii) such services are of a type historically performed, in the business field of the employer, by employees (within the meaning of subparagraph (A)).''. (d) Effective Dates. (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to plan years beginning on or after January 1, 1994. (2) Special rule for collectively bargained plans.--In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before the date of the enactment of this Act, paragraph (1) shall be applied to benefits pursuant to, and individuals covered by, any such agreement by substituting for ``January 1, 1994'' the date of the commencement of the first plan year beginning on or after the earlier of-- (A) the later of-- (i) January 1, 1994, or (ii) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act), or (B) January 1, 1996. (3) Plan amendments.--If any amendment made by this section requires an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 1995, if-- (A) during the period after such amendment made by this section takes effect and before such first plan year, the plan is operated in accordance with the requirements of such amendment made by this section, and (B) such plan amendment applies retroactively to the period after such amendment made by this section takes effect and such first plan year. A plan shall not be treated as failing to provide definitely determinable benefits or contributions, or to be operated in accordance with the provisions of the plan, merely because it operates in accordance with this paragraph.

Part-Time and Temporary Workers Protection Act of 1993 - Amends the Internal Revenue Code to revise requirements for approval of State unemployment compensation laws to provide for the eligibility for unemployment compensation of certain individuals seeking part-time employment. Directs the Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics, to conduct an annual survey identifying characteristics of temporary workers and their relationships with their employers. Amends the Employee Retirement Income Security Act of 1974 to provide for protection and treatment of part-time and temporary workers under: (1) participation, vesting, and accrual rules governing pension plans; and (2) group health plans. Expands the definition of employee to include certain individuals whose services are leased or contracted.

Part-Time and Temporary Workers Protection Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Child and Adult Care Food Program Integrity Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Eligibility criteria for participating organizations. Sec. 3. Approval of sponsoring organizations; other requirements. Sec. 4. Termination or suspension of participating organizations. Sec. 5. Recovery of amounts from institutions. Sec. 6. Limitation on administrative expenses for certain sponsoring organizations. Sec. 7. Limitations on ability of family or group day care homes to transfer sponsoring organizations. Sec. 8. Reallocation of audit funds. Sec. 9. Technical and training assistance for identification and prevention of fraud and abuse. Sec. 10. Statewide demonstration projects involving private for-profit organizations that provide nonresidential day care services. Sec. 11. Program for at-risk school children. Sec. 12. Withholding of funds for failure to provide sufficient training, technical assistance, and monitoring. SEC. 2. ELIGIBILITY CRITERIA FOR PARTICIPATING ORGANIZATIONS. Section 17(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(2)) is amended-- (1) in subparagraph (B), by inserting ``, or has not been determined to be ineligible to participate in any other Federal program by reason of violation of the requirements of such program'' before ``, for a period''; (2) in subparagraph (C), by striking ``; and'' and inserting ``, and in the case of a sponsoring organization, the organization shall employ an appropriate number of monitoring personnel based upon the number and characteristics of child care centers and family or group day care homes sponsored by the organization, as approved by the State (in accordance with regulations developed by the Secretary), to ensure effective oversight of the operations of the child care centers and family or group day care homes;''; (3) in subparagraph (D), by striking the period and inserting a semicolon; and (4) by adding at the end the following: ``(E) in the case of a sponsoring organization, that such organization has in effect a policy that restricts other employment by employees that interferes with the responsibilities and duties of such sponsoring organization employees with respect to the program; and ``(F) in the case of a private institution that applies for initial participation in the program on or after the date of the enactment of the Child and Adult Care Food Program Integrity Act of 2000, that, if the State requires such institutions to be bonded under State law, regulation, or policy, the institution is bonded in accordance with such law, regulation, or policy.''. SEC. 3. APPROVAL OF SPONSORING ORGANIZATIONS; OTHER REQUIREMENTS. (a) Approval of Sponsoring Organizations.--Section 17(d)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(1)) is amended-- (1) by striking ``(d)(1) Any eligible public institution'' and inserting ``(d)(1)(A) Any eligible public institution''; (2) by striking ``Any eligible private institution'' and inserting ``Subject to subparagraph (B), any eligible private institution''; (3)(A) by striking ``(A) has tax exempt status'' and inserting ``(i) has tax exempt status''; and (B) by striking ``(B) is currently operating'' and inserting ``(ii) is currently operating''; and (4) by adding at the end the following: ``(B) In approving the initial application of a sponsoring organization for participation in the program, the State shall consider whether the sponsoring organization has the administrative capability to operate the program (including whether or not the sponsoring organization has business experience and management plans appropriate to operate the program), would fulfill an identified need under the program, and will meet the other requirements of this section. In the case of a sponsoring organization of a family or group day care home seeking approval for participation in the program on or after the date of the enactment of the Child and Adult Care Food Program Integrity Act of 2000, the State may limit the number of such sponsoring organizations in any geographical area of the State if the State determines that a sufficient number of sponsoring organizations, based on identified and documented need, are available and able to serve the day care homes in the geographical area.''. (b) Site Visits.--Section 17(d)(2)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(2)(A)) is amended-- (1) in clause (i), by striking ``; and'' and inserting a semicolon; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii)(I) requires periodic unannounced site visits at not less than 3-year intervals to sponsored child care centers and family or group day care homes to identify and prevent management deficiencies and fraud and abuse under the program; ``(II) requires at least one scheduled site visit each year to sponsored child care centers and family or group day care homes to identify and prevent management deficiencies and fraud and abuse under the program and to improve program operations; and ``(III) requires at least one scheduled site visit at not less than 3-year intervals to institutions to identify and prevent management deficiencies and fraud and abuse under the program and to improve program operations; and''. (c) Program Information.-- (1) In general.--Section 17(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)) is amended by adding at the end the following: ``(3)(A) Upon enrollment of a child in a sponsored child care center or family or group day care home participating in the program, the center or home (or its sponsoring organization) shall provide to the child's parents or guardians information that describes the program and its benefits and the name and telephone number of the sponsoring organization of the center or home and the State agency involved in the operation of the program. ``(B) The information described in subparagraph (A) shall be in a form and, to the extent practicable, language easily understandable by the child's parents or guardians.''. (2) Effective date.--In the case of a child that is enrolled in a sponsored child care center or family or group day care home participating in the child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) before the date of the enactment of this Act, the center or home shall provide information to the child's parents or guardians pursuant to section 17(d)(3) of such Act, as added by paragraph (1), not later than 90 days after the date of the enactment of this Act. (d) Allowable Administrative Expenses for Sponsoring Organizations.--Section 17(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)), as amended by subsection (c), is further amended by adding at the end the following: ``(4) The Secretary, in consultation with State agencies and sponsoring organizations, shall develop and provide for the dissemination to State agencies and institutions, of a list of allowable reimbursable administrative expenses for sponsoring organizations under the program.''. SEC. 4. TERMINATION OR SUSPENSION OF PARTICIPATING ORGANIZATIONS. Section 17(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)), as amended by section (3), is further amended by adding at the end the following: ``(5)(A) The Secretary shall establish procedures for the termination of participation by institutions and sponsored child care centers and family or group day care homes under the program. ``(B) Procedures established pursuant to subparagraph (A) shall include standards for terminating the participation of an institution or sponsored child care center or family or group day care home that-- ``(i) engages in unlawful practices, falsifies information provided to the State agency, or conceals a criminal background; or ``(ii) substantially fails to fulfill the terms of its agreement with the State agency. ``(C) Procedures established pursuant to subparagraph (A)-- ``(i) shall require an entity described in clause (i) or (ii) of subparagraph (B) to undertake corrective action; and ``(ii) may require the immediate suspension of operation of the program by an entity described in clause (i) or (ii) of subparagraph (B), without the opportunity for corrective action, if the State agency determines that there is imminent threat to the health or safety of a participant at the entity or the entity engages in any activity that poses a threat to public health or safety. ``(D) An institution or sponsored child care center or family or group day care home shall be provided a fair hearing in accordance with subsection (e)(1) prior to any determination to terminate participation by the institution under the program. ``(E) The Secretary shall maintain a list of institutions, sponsored child care centers, sponsored family or group day care homes, and individuals that have been terminated or otherwise disqualified from participation in the program. The Secretary shall make such list available to State agencies for use in approving or renewing applications by institutions, sponsored child care centers, sponsored family or group day care homes, and individuals for participation in the program.''. SEC. 5. RECOVERY OF AMOUNTS FROM INSTITUTIONS. Section 17(f)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(1)) is amended-- (1) by striking ``(f)(1) Funds paid'' and inserting ``(f)(1)(A) Funds paid''; and (2) by adding at the end the following: ``(B)(i) The State may recover funds disbursed under subparagraph (A) to an institution if the State determines that the institution has engaged in fraud or abuse with respect to the program or has submitted an invalid claim for reimbursement. ``(ii) Amounts recovered under clause (i)-- ``(I) may be paid by the institution to the State over a period of 1 or more years; and ``(II) shall not be paid from funds used to provide meals and supplements. ``(iii) An institution shall be provided a fair hearing in accordance with subsection (e)(1) prior to any determination to recover funds under this subparagraph.''. SEC. 6. LIMITATION ON ADMINISTRATIVE EXPENSES FOR CERTAIN SPONSORING ORGANIZATIONS. Section 17(f)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(2)) is amended by adding at the end the following: ``(C)(i) Except as provided in clause (ii), a sponsoring organization of a day care center may reserve not more than 15 percent of the funds provided under paragraph (1) for the administrative expenses of the organization. ``(ii) A State may waive the requirement in clause (i) with respect to a sponsoring organization if the organization provides justification to the State that the organization requires funds in excess of 15 percent of the funds provided under paragraph (1) to pay such administrative expenses.''. SEC. 7. LIMITATIONS ON ABILITY OF FAMILY OR GROUP DAY CARE HOMES TO TRANSFER SPONSORING ORGANIZATIONS. Section 17(f)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)) is amended by striking subparagraph (D) and inserting the following: ``(D) Limitations on ability of family or group day care homes to transfer sponsoring organizations.-- ``(i) In general.--Subject to clause (ii), a State agency shall limit the ability of a family or group day care home to transfer from a sponsoring organization to another sponsoring organization more frequently than once a year. ``(ii) Good cause.--The State agency may permit or require a family or group day care home to transfer from a sponsoring organization to another sponsoring organization more frequently than once a year for good cause (as determined by the State agency). Such good cause may include circumstances where the sponsoring organization of the family or group day care home ceases to participate in the child and adult care food program.''. SEC. 8. REALLOCATION OF AUDIT FUNDS. (a) In General.--Section 17(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(i)) is amended-- (1) by striking ``(i) The Secretary shall'' and inserting the following: ``(i) Audit Funds.-- ``(1) In general.--The Secretary shall''; and (2) by adding at the end the following: ``(2) Reallocation of funds.-- ``(A) Return to the secretary.--For each fiscal year, any amounts allocated to a State under this subsection that are not obligated during the fiscal year shall be returned to the Secretary in accordance with procedures established by the Secretary. ``(B) Reallocation by the secretary.--The Secretary shall allocate any amounts returned under subparagraph (A) among States that demonstrate a need for the amounts, for the purposes described in paragraph (1), in accordance with procedures established by the Secretary. ``(3) Annual report.--Each State agency administering the program that receives amounts for a fiscal year for the purpose of conducting audits of participating institutions pursuant to paragraph (1) shall prepare and submit to the Secretary a report that contains a summary description of the results of the audits and other activities conducted with such amounts.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2000, or the date of the enactment of this Act, whichever occurs later. SEC. 9. TECHNICAL AND TRAINING ASSISTANCE FOR IDENTIFICATION AND PREVENTION OF FRAUD AND ABUSE. Section 17(q)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(q)(1)) is amended by adding at the end the following: ``As part of such training and technical assistance, the Secretary shall provide training on a continuous basis to State agencies, and shall ensure that such training is provided to sponsoring organizations, for the identification and prevention of fraud and abuse under the program and to improve management of the program.''. SEC. 10. STATEWIDE DEMONSTRATION PROJECTS INVOLVING PRIVATE FOR-PROFIT ORGANIZATIONS THAT PROVIDE NONRESIDENTIAL DAY CARE SERVICES. (a) In General.--Section 17(p) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(p)) is amended-- (1) in the first sentence of paragraph (1), by striking ``2 statewide demonstration projects'' and inserting ``statewide demonstration projects in 4 States''; and (2) in paragraph (3)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) in 2 other States, as approved by the Secretary through a competitive application process.''. (b) Effective Date.--The Secretary of Agriculture may carry out demonstration projects in States described in section 17(p)(3)(C) of the Richard B. Russell National School Lunch Act, as added by subsection (a)(2)(C), beginning no earlier than October 1, 2001. SEC. 11. PROGRAM FOR AT-RISK SCHOOL CHILDREN. Section 17(r) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(r)) is amended-- (1) in paragraph (2), by inserting ``meals or'' before ``supplements''; (2) in paragraph (4)-- (A) in the heading, by striking ``Supplement'' and inserting ``Meal and supplement''; (B) in subparagraph (A)-- (i) by striking ``only for'' and all that follows through ``(i) a supplement'' and inserting ``only for one meal per child per day and one supplement per child per day''; (ii) by striking ``; and'' and inserting a period; and (iii) by striking clause (ii); (C) in subparagraph (B), by striking ``Rate.--A supplement'' and inserting the following: ``Rates.-- ``(i) Meals.--A meal shall be reimbursed under this subsection at the rate established for free meals under subsection (c). ``(ii) Supplements.--A supplement''; and (D) in subparagraph (C), by inserting ``meal or'' before ``supplement''; and (3) by adding at the end the following: ``(5) Limitation.--The Secretary shall limit reimbursement under this subsection for meals served under a program to institutions located in 6 States, as approved by the Secretary through a competitive application process.''. SEC. 12. WITHHOLDING OF FUNDS FOR FAILURE TO PROVIDE SUFFICIENT TRAINING, TECHNICAL ASSISTANCE, AND MONITORING. Section 7(a)(9)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(9)(A)) is amended by inserting after ``the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)'' the following: ``(including the requirement to provide sufficient training, technical assistance, and monitoring of the child and adult care food program under section 17(k) of the Richard B. Russell National School Lunch Act)''.

(Sec. 2) Revises CACFP eligibility criteria for participating organizations to require that they have not been determined ineligible for participation in any other Federal program as a result of program requirement violations. Requires sponsoring organizations to: (1) employ an appropriate number of monitoring personnel to ensure effective oversight of the operations; and (2) have in effect a policy that restricts other employment by employees interfering with CACFP responsibilities. Requires private institutions that apply for initial participation in CACFP to be bonded, if required by State law. (Sec. 3) Revises provisions for CACFP institutional approval and applications. Requires the State agency to determine that the sponsoring organization is administratively capable of operating the program described in its application, and would fulfill an identified need under CACFP. Allows a State to limit the number of sponsoring organizations in a geographical area if a sufficient number are available and able to serve day care homes in that area. Sets forth requirements relating to: (1) site visits; (2) CACFP program information for parent's or guardians; and (3) allowable administrative expenses for sponsoring organizations. (Sec. 4) Directs the Secretary to establish procedures for termination or suspension of participating organizations. (Sec. 5) Allows a State to recover certain disbursed funds upon determining that the institution has engaged in fraud or abuse with respect to CACFP or has submitted an invalid claim for reimbursement. Allows State agencies to withhold reimbursements temporarily without a hearing for up to 90 days under specified conditions. (Sec. 6) Prohibits sponsoring organizations from reserving for administrative expenses any more than 15 percent of the CACFP payment; but allows States to waive such limitation if the organization provides justification for exceeding such amount. (Sec. 7) Requires State agencies to limit the ability of family or group day care homes to transfer from one sponsoring organization to another more frequently than once a year. Authorizes State agencies to permit or require such homes to transfer from one sponsoring organization to another more frequently than once a year for good cause. (Sec. 8) Requires a State to return, and the Secretary to reallocate to other States on the basis of need, any audit funds allocated under CACFP that are not obligated by the State for that fiscal year. (Sec. 9) Directs the Secretary to provide continuous training to State agencies, and ensure that it is provided to sponsoring organizations, in identifying and preventing fraud and abuse and in improving management of CACFP.

Child and Adult Care Food Program Integrity Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Payment Fairness Act of 2009''. SEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN HOSPITAL SERVICE. (a) In General.--Section 1848(e)(5) of the Social Security Act (42 U.S.C. 1395w-4(e)) is amended by adding at the end the following new paragraph: ``(6) Value index.-- ``(A) In general.--The Secretary shall determine a value index for each fee schedule area. The value index shall be the ratio of the quality component under subparagraph (B) to the cost component under subparagraph (C) for that fee schedule area. ``(B) Quality component.-- ``(i) In general.--The quality component shall be based on a composite score that reflects quality measures available on a State or fee schedule area basis. The measures shall reflect health outcomes and health status for the Medicare population, patient safety, and patient satisfaction. The Secretary shall use the best data available, after consultation with the Agency for Healthcare Research and Quality and with private entities that compile quality data. ``(ii) Requirement.--In establishing the quality component under this subparagraph, the Secretary shall take into account the following: ``(I) Hospital readmission rates. ``(II) Hospital emergency department utilization for ambulatory care-sensitive conditions. ``(III) Hospital admissions for ambulatory care-sensitive conditions. ``(IV) Mortality amenable to health care. ``(V) Other items determined appropriate by the Secretary. ``(iii) Establishment.--The quality component for each fee schedule area shall be the ratio of the quality score for such area to the national average quality score. ``(iv) Application.--In the case of a fee schedule area that is less than an entire State, if available quality data is not sufficient to measure quality at the sub-State level, the quality component for a sub-State fee schedule area shall be the quality component for the entire State. ``(C) Cost component.-- ``(i) In general.--The cost component shall be total annual per beneficiary Medicare expenditures under part A and this part for the fee schedule area. The Secretary may use total per beneficiary expenditures under such parts in the last two years of life as an alternative measure if the Secretary determines that such measure better takes into account severity differences among fee schedule areas. ``(ii) Establishment.--The cost component for a fee schedule area shall be the ratio of the cost per beneficiary for such area to the national average cost per beneficiary.''. (b) Conforming Amendments.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subparagraph (b)(1)(C), by striking ``geographic'' and inserting ``geographic and value''; and (2) in subsection (e)-- (A) in paragraph (1)-- (i) in the heading, by inserting ``and value'' after ``geographic''; (ii) in subparagraph (A), by striking clause (iii) and inserting the following new clause: ``(iii) a value index (as defined in paragraph (6)) applicable to physician work.''; (iii) in subparagraph (C), by inserting ``and value'' after ``geographic'' in the first sentence; (iv) in subparagraph (D), by striking ``physician work effort'' and inserting ``value''; (v) by striking subparagraph (E); and (vi) by striking subparagraph (G); (B) by striking paragraph (2) and inserting the following new paragraph: ``(2) Computation of geographic and value adjustment factor.--For purposes of subsection (b)(1)(C), for all physicians' services for each fee schedule area the Secretary shall establish a geographic and value adjustment factor equal to the sum of the geographic cost-of-practice adjustment factor (specified in paragraph (3)), the geographic malpractice adjustment factor (specified in paragraph (4)), and the value adjustment factor (specified in paragraph (5)) for the service and the area.''; and (C) by striking paragraph (5) and inserting the following new paragraph: ``(5) Physician work value adjustment factor.--For purposes of paragraph (2), the `physician work value adjustment factor' for a service for a fee schedule area, is the product of-- ``(A) the proportion of the total relative value for the service that reflects the relative value units for the work component; and ``(B) the value index score for the area, based on the value index established under paragraph (6).''. (c) Availability of Quality Component Prior to Implementation.--The Secretary of Health and Human Services shall make the quality component described in section 1848(c)(6)(B) of the Social Security Act, as added by subsection (a), for each fee schedule area available to the public by not later than January 1, 2011. (d) Effective Date.--The amendments made by this section shall apply to the Medicare physician hospital service for 2012 and each subsequent year. SEC. 3. VALUE INDEX UNDER THE INPATIENT HOSPITAL PROSPECTIVE PAYMENT SYSTEM. (a) In General.--Section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) is amended by adding at the end the following new paragraph: ``(14) Value index.-- ``(A) In general.--The Secretary shall determine a value index for each hospital service area. The value index shall be the ratio of the quality component under subparagraph (C) to the cost component under subparagraph (D) for that hospital service area. ``(B) Payment adjustment.--Notwithstanding any other provision of this title, the payment amount made to a subsection (d) hospital under this subsection or section 1814(b)(3) for discharges during a fiscal year, after all other adjustments and add-ons effected under this title, shall be adjusted by multiplying such amount by the value index determined under subparagraph (A) for the hospital service area in which the discharges occur. ``(C) Quality component.-- ``(i) In general.--The quality component shall be based on a composite score that reflects quality measures available on a State or hospital service area basis. The measures shall reflect health outcomes and health status for the Medicare population, patient safety, and patient satisfaction. The Secretary shall use the best data available, after consultation with the Agency for Healthcare Research and Quality and with private entities that compile quality data. ``(ii) Requirement.--In establishing the quality component under this subparagraph, the Secretary shall take into account quality measures reported by hospitals under subsection (b)(3)(B)(viii)(III) and shall, to the extent feasible, add additional measures relating to outcomes in hospitals. ``(iii) Establishment.--The quality component for each hospital service area shall be the ratio of the quality score for such area to the national average quality score. ``(iv) Application.--In the case of a hospital service area that is less than an entire State, if available quality data is not sufficient to measure quality at the sub-State level, the quality component for a sub-State hospital service area shall be the quality component for the entire State. ``(D) Cost component.-- ``(i) In general.--The cost component shall be total annual per beneficiary Medicare expenditures under parts A and B for the hospital service area. The Secretary may use total per beneficiary expenditures under such parts in the last two years of life as an alternative measure if the Secretary determines that such measure better takes into account severity differences among hospital service areas. ``(ii) Establishment.--The cost component for a hospital service area shall be the ratio of the cost per beneficiary for such area to the national average cost per beneficiary. ``(E) Hospital service area.--In this paragraph, the term `hospital service area' means such an area as the Secretary shall define. In defining such areas, the Secretary shall use a methodology similar to that used in the establishment of the Dartmouth Atlas of Health Care.''. (b) Availability of Quality Component Prior to Implementation.--The Secretary of Health and Human Services shall make the quality component described in section 1886(d)(14)(B) of the Social Security Act, as added by subsection (a), for each hospital service area available to the public by not later than January 1, 2011. (c) Effective Date.--The amendments made by this section shall apply to the discharges occurring on or after October 1, 2012.

Medicare Payment Fairness Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to create a value index for the physician work component for each Medicare physician fee schedule area. Requires the Secretary to create a value index for each hospital service area under the inpatient hospital prospective payment system (PPS).

To amend title XVIII of the Social Security Act to create a value indexing mechanism for the physician work component of the Medicare physician hospital service and for inpatient hospital services.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Federal Health Program Benefit Change Accountability Act''. (b) Findings.--The Congress finds that-- (1) effective beginning in 1996, Federal retirees enrolled in the Governmentwide service benefit plan under chapter 89 of title 5, United States Code, are subject to a copayment for prescription drugs obtained from a retail pharmacy, but are exempt from such copayment if they instead use a plan's mail order pharmacy; (2) that difference in policy-- (A) increases out-of-pocket health care costs for and imposes financial penalties on the large majority of Federal retirees who use their local pharmacies to have prescriptions filled; (B) fails to recognize the integral role of local pharmacies in contributing to the health of their patrons, such as through face-to-face counseling; (C) unfairly discriminates in favor of out-of-state mail order pharmacies at the expense of local retail pharmacies; (D) transfers millions of dollars in wages and tax revenues out of State, and therefore hurts local economies and small businesses; and (E) reduces the accessibility of local pharmacies for all individuals, particularly those living in rural areas; (3) in making this major change, it appears that the Office of Personnel Management-- (A) did not determine the impact on the quality of pharmacy care provided to Federal retirees, who use a disproportionate share of prescription medications, but instead focused primarily on economic considerations; (B) did not consider alternative cost containment options in the prescription drug program, which has disproportionately focused its cost containment approaches on retail pharmacies; (C) did not determine, and has not yet demonstrated, whether the anticipated savings result from lower costs of mail order drug products or because retirees are simply paying more in copayments for their prescription at local pharmacies; (D) did not determine whether such change was consistent with the structure of current private market prescription drug programs, which traditionally give retirees a fair economic choice of using mail order pharmacies or retail pharmacies; (E) did not assess the ability of the contractor to fulfill the terms of the contract for mail order prescriptions, given that thousands of retirees were inconvenienced when the mail order pharmacies were unable to meet the demand for prescriptions; and (F) did not assess the impact of the change on the overall health care marketplace, given that the Office of Personnel Management is a major payor of health care services and products; and (4) the Office of Personnel Management should be held more accountable for major changes made in Federal health care program benefit designs, and should be required to justify the impact of such changes in terms of cost savings, access, and quality of care, before such changes are implemented. SEC. 2. REPORTING REQUIREMENT. (a) In General.--Section 8910 of title 5, United States Code, is amended by adding at the end the following: ``(e)(1) The Office shall prepare an annual report in which it shall describe, to the extent practicable, any substantial changes in maximums, limitations, exclusions, or other definitions of benefits that it intends to propose for implementation in the upcoming contract year. ``(2) Included in a report under this subsection shall be, with respect to each such change-- ``(A) a statement of justification for the change; ``(B) an analysis of the anticipated savings, to the extent that the change would be justified on the basis of cost savings, as well as any alternative options considered and the reasons why the proposed change is considered preferable; ``(C) a description of the anticipated impact of the proposed change on access to and quality of care, and on costs to enrollees likely to be affected; ``(D) an assessment of the ability of carriers to implement the proposed change in a manner that is efficient and that promotes the interests referred to in subparagraph (C); and ``(E) an analysis of the anticipated economic impact of the proposed change with respect to providers and enrollees, respectively. ``(3) The Office shall have each report under this subsection published in the Federal Register, and shall submit a copy of each such report to both Houses of Congress, as early in the year as possible, consistent with the goal of affording interested persons a meaningful opportunity to comment.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to changes taking effect in any contract year beginning later than 6 months after the date of the enactment of this Act.

Federal Health Program Benefit Change Accountability Act - Amends Federal law to require that the Office of Personnel Management (OPM) prepare an annual report concerning the health benefits program for Federal employees which shall describe any substantial changes in maximums, limitations, exclusions, or other definitions of benefits that it intends to propose for implementation in the upcoming contract year. Directs that OPM publish each report in the Federal Register and submit a copy of each such report to both Houses of the Congress as early in the year as possible.

Federal Health Program Benefit Change Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indiana Dunes National Park Designation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Great Lakes form the largest freshwater system on Earth; (2) Lake Michigan is-- (A) the second largest Great Lake by volume; and (B) the only Great Lake located wholly within the United States; (3) the southern shore of Lake Michigan includes some of the most geologically and biologically diverse areas in the United States; (4) the unique features that comprise the southern shore of Lake Michigan, also known as the ``Indiana Dunes'', were formed over a period of 12,000 years by natural forces, including glaciers, wind, and water; (5) glacial melting and fluctuations in the water level resulted in the formation of as many as 7 shorelines along the southern shore of Lake Michigan; (6) the process by which the southern shore of Lake Michigan was formed resulted in the biologically diverse beaches, sand dunes, and inter-dune wetlands that can be seen in the southern shore of Lake Michigan today; (7) Indian tribes, including the Miami and Potawatomi Indian tribes, inhabited the Indiana Dunes region for over 10,000 years; (8) local conservation efforts to preserve the Indiana Dunes began as early as 1899 when Henry Cowles, a botanist from the University of Chicago who is known for being one of the founders of contemporary ecological study and thought, published an article entitled ``Ecological Relations of the Vegetation on Sand Dunes of Lake Michigan'' in the Botanical Gazette, bringing international attention to the intricate ecosystems on the Indiana Dunes; (9) on October 30, 1916, 1 month after the establishment of the National Park Service, Stephen Mather, the first Director of the National Park Service, held hearings in Chicago, Illinois, to gauge public sentiment on establishing a large portion of the southern shore of Lake Michigan as one of the first national parks in the United States, to be known as the ``Sand Dunes National Park''; (10) over 400 people attended the hearings in Chicago, Illinois, of which-- (A) 42 people, including Henry Cowles, spoke in favor of the proposal to establish the national park; and (B) there were no opponents to the proposal to establish the national park; (11) plans for a Sand Dunes National Park were delayed because the United States entered World War I and national focus shifted away from national parks to national defense; (12) local conservation efforts to preserve the Indiana Dunes persisted after World War I and culminated in-- (A) the establishment of Indiana Dunes State Park in 1925; and (B) the enactment in 1966 of Public Law 89-761 (16 U.S.C. 460u et seq.), which established the Indiana Dunes National Lakeshore; (13) the Indiana Dunes National Lakeshore was subsequently expanded in 1976, 1980, 1986, and 1992; (14) the Indiana Dunes National Lakeshore and the adjacent Indiana Dunes State Park are comprised of over 15,000 acres of dunes, oak savannas, swamps, bogs, marshes, prairies, rivers, and forests that are preserved for public enjoyment, including 15 miles of shoreline along Lake Michigan that extend from Gary, Indiana, to Michigan City, Indiana; (15) the Indiana Dunes National Lakeshore is-- (A) one of the most biologically diverse units of the National Park System, containing 2,336 unique species, including 896 animal species and 1,407 plant species; (B) a cherished cultural landmark that attracts millions of visitors each year; and (C) an especially important feeding and resting area for migrating land and water birds, including 350 unique species of birds; and (16) institutions such as the Dunes Learning Center-- (A) attract youth and other community members to the Indiana Dunes; and (B) provide the youth and other community members with insight on the biodiversity and historical significance of the Indiana Dunes. SEC. 3. DESIGNATION OF INDIANA DUNES NATIONAL PARK. (a) Designation.-- (1) In general.--The first section of Public Law 89-761 (16 U.S.C. 460u) is amended-- (A) in the first sentence-- (i) by striking ``National Lakeshore'' and inserting ``National Park''; and (ii) by striking ``(hereinafter referred to as the `lakeshore')'' and inserting ``(referred to in this Act as the `Park')''; and (B) in the second sentence, by striking ``lakeshore'' and inserting ``Park''. (2) Conforming amendments.--Sections 2 through 24 of Public Law 89-761 (16 U.S.C. 460u-1 through 460u-24) are amended-- (A) by striking ``Lakeshore'' each place it appears and inserting ``Park''; and (B) by striking ``lakeshore'' each place it appears and inserting ``Park''. (b) References.--Any reference in any law, regulation, document, record, map, or other paper of the United States to the Indiana Dunes National Lakeshore shall be considered to be a reference to the ``Indiana Dunes National Park''.

Indiana Dunes National Park Designation Act This bill renames the Indiana Dunes National Lakeshore as the Indiana Dunes National Park.

Indiana Dunes National Park Designation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Officers Safety Act Improvements Act of 2010''. SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF TITLE 18. (a) In General.--Section 926B of title 18, United States Code, is amended-- (1) in subsection (c)(3), by inserting ``which could result in suspension or loss of police powers'' after ``agency''; and (2) by adding at the end the following: ``(f) For the purposes of this section, a law enforcement officer of the Amtrak Police Department, a law enforcement officer of the Federal Reserve, or a law enforcement or police officer of the executive branch of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest.''. (b) Active Law Enforcement Officers.--Section 926B of title 18, United States Code is amended by striking subsection (e) and inserting the following: ``(e) As used in this section, the term `firearm'-- ``(1) except as provided in this subsection, has the same meaning as in section 921 of this title; ``(2) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and ``(3) does not include-- ``(A) any machinegun (as defined in section 5845 of the National Firearms Act); ``(B) any firearm silencer (as defined in section 921 of this title); and ``(C) any destructive device (as defined in section 921 of this title).''. (c) Retired Law Enforcement Officers.--Section 926C of title 18, United States Code is amended-- (1) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``retired'' and inserting ``separated from service''; and (ii) by striking ``, other than for reasons of mental instability''; (B) in paragraph (2), by striking ``retirement'' and inserting ``separation''; (C) in paragraph (3)-- (i) in subparagraph (A), by striking ``retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more'' and inserting ``separation, served as a law enforcement officer for an aggregate of 10 years or more''; and (ii) in subparagraph (B), by striking ``retired'' and inserting ``separated''; (D) by striking paragraph (4) and inserting the following: ``(4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the State in which the individual resides or, if the State has not established such standards, either a law enforcement agency within the State in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State;''; and (E) by striking paragraph (5) and replacing it with the following: ``(5)(A) has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health and as a result of this finding will not be issued the photographic identification as described in subsection (d)(1); or ``(B) has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under this section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in subsection (d)(1);''; (2) in subsection (d)-- (A) paragraph (1)-- (i) by striking ``retired'' and inserting ``separated''; and (ii) by striking ``to meet the standards'' and all that follows through ``concealed firearm'' and inserting ``to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm''; (B) paragraph (2)-- (i) in subparagraph (A), by striking ``retired'' and inserting ``separated''; and (ii) in subparagraph (B), by striking ``that indicates'' and all that follows through the period and inserting ``or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met-- ``(I) the active duty standards for qualification in firearms training, as established by the State, to carry a firearm of the same type as the concealed firearm; or ``(II) if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm.''; and (3) by striking subsection (e) and inserting the following: ``(e) As used in this section-- ``(1) the term `firearm'-- ``(A) except as provided in this paragraph, has the same meaning as in section 921 of this title; ``(B) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and ``(C) does not include-- ``(i) any machinegun (as defined in section 5845 of the National Firearms Act); ``(ii) any firearm silencer (as defined in section 921 of this title); and ``(iii) any destructive device (as defined in section 921 of this title); and ``(2) the term `service with a public agency as a law enforcement officer' includes service as a law enforcement officer of the Amtrak Police Department, service as a law enforcement officer of the Federal Reserve, or service as a law enforcement or police officer of the executive branch of the Federal Government.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Law Enforcement Officers Safety Act Improvements Act of 2010 - Amends the federal criminal code to include a law enforcement officer of the Amtrak Police Department and the Federal Reserve or a law enforcement or police officer of the executive branch as a qualified law enforcement officer eligible to carry concealed firearms. Expands the definition of "firearm" to include ammunition not expressly prohibited by federal law or subject to the provisions of the National Firearms Act. Revises the definition of "qualified retired law enforcement officer" to: (1) include officers separated (currently, retired) in good standing from service with a public agency as a law enforcement officer; and (2) reduce the years-of-service requirement for such officers from 15 to 10 years. Revises: (1) requirements for firearms certification for such separated officers to allow firearms training in accordance with the standards of the officer's former agency, the state in which such officer resides, or if such state has not established training standards, standards established by a law enforcement agency within the state or those used by a certified firearms instructor; and (2) mental health requirements for such officers.

A bill to amend title 18, United States Code, to improve the provisions relating to the carrying of concealed weapons by law enforcement officers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Crime Disclosure Act of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the General Accounting Office, 63 institutions of higher education were in violation of the amendments made by the Crime Awareness and Campus Security Act of 1990 since the enactment of such Act in 1990. The Department of Education has not taken punitive action against these institutions. (2) The Department of Education's interpretation of the statutory definition of campus has enabled institutions of higher education to underreport the instances of crimes committed against students. (3) In order to improve public awareness of crimes committed on college and university campuses, it is essential that Congress act to clarify existing law and to discourage underreporting of offenses covered by the amendments made by the Crime Awareness and Campus Security Act of 1990. SEC. 3. ADDITIONAL CRIME CATEGORIES. (a) In General.--Section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) is amended-- (1) by amending subparagraph (F) to read as follows: ``(F) Statistics concerning the occurrence on campus, during the most recent calendar year, and during the 2 preceding calendar years for which data are available, of criminal offenses reported to campus security authorities or local police agencies, and of referrals of persons for campus disciplinary action, for the following: ``(i) Murder. ``(ii) Sex offenses, forcible or nonforcible. ``(iii) Robbery. ``(iv) Aggravated assault. ``(v) Burglary. ``(vi) Motor vehicle theft. ``(vii) Manslaughter. ``(viii) Larceny. ``(ix) Arson. ``(x) Liquor law violations, drug-related violations, and weapons violations.''; (2) by striking subparagraph (H); and (3) by redesignating subparagraph (I) as subparagraph (H). (b) Conforming Amendments.--Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) in the matter preceding subparagraph (A) of paragraph (4), by striking ``paragraphs (1)(F) and (1)(H)'' and inserting ``paragraph (1)(F)''; and (2) in paragraph (6), by striking ``paragraphs (1)(F) and (1)(H)'' and inserting ``paragraph (1)(F)''. SEC. 4. TIMELY MANNER. Section 485(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(3)) is amended by adding at the end the following: ``Such reports shall be readily available to students and employees through various mediums such as resident advisors, electronic mail, school newspapers, and announcement postings throughout the campus.''. SEC. 5. DEFINITION OF CAMPUS. Subparagraph (A) of section 485(f)(5) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(5)) is amended to read as follows: ``(A) For purposes of this section the term `campus' means-- ``(i) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution, including a building or property owned by the institution, but controlled by another person, such as a food or other retail vendor; ``(ii) any building or property owned or controlled by a student organization recognized by the institution; ``(iii) all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, that provides immediate access to facilities owned or controlled by the institution; ``(iv) any building or property owned, controlled, or used by an institution of higher education in direct support of, or related to the institution's educational purposes, that is used by students, and that is not within the same reasonably contiguous geographic area of the institution; and ``(v) all dormitories or other student residential facilities owned or controlled by the institution.''. SEC. 6. REPORTING REQUIREMENTS. Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended further by adding at the end the following: ``(8)(A) The Secretary shall report to the appropriate committees of Congress each institution of higher education that the Secretary determines is not in compliance with the reporting requirements of this subsection. ``(B) The Secretary shall provide to an institution of higher education that the Secretary determines is having difficulty, or is not in compliance, with the reporting requirements of this subsection-- ``(i) data and analysis regarding successful practices employed by institutions of higher education to reduce campus crime; and ``(ii) technical assistance. ``(9) For purposes of reporting the statistics described in paragraph (1)(F), an institution of higher education shall distinguish, by means of a separate category, any criminal offenses, and any referrals for campus disciplinary actions, that occur-- ``(A) on publicly owned sidewalks, streets, or other thoroughfares, or in parking facilities, that provide immediate access to facilities owned by the institution and are within the same reasonably contiguous geographic area of the institution; and ``(B) in dormitories or other residential facilities for students, or in other facilities affiliated with the institution.''. SEC. 7. FINES. Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended further by adding after paragraph (9) (as added by section 6) the following: ``(10)(A) Upon determination, after reasonable notice and opportunity for a hearing, that an institution of higher education-- ``(i) has violated or failed to carry out any provision of this subsection or any regulation prescribed under this subsection; or ``(ii) has engaged in substantial misrepresentation of the nature of the institution's activities under this subsection, the Secretary shall impose a civil penalty upon the institution of not to exceed $25,000 for each violation, failure, or misrepresentation. ``(B) Any civil penalty may be compromised by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the institution of higher education subject to the determination, and the gravity of the violation, failure, or misrepresentation shall be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the institution charged.''.

Campus Crime Disclosure Act of 1998 - Amends the Higher Education Act of 1965 with respect to the categories of crimes on which higher education institutions are required to report under the Crime Awareness and Campus Security Act of 1990. Adds reporting requirements for the offenses of manslaughter, larceny, arson, and for arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons violations. (Sec. 4) Requires that an institution's campus crime reports be readily available to its students and employees through various media, such as resident advisors, electronic mail, school newspapers, and announcement postings throughout the campus. (Sec. 5) Revises the definition of campus, for purposes of such campus crime disclosures, to include: (1) any building or property owned and controlled by the institution, or by a student organization recognized by the institution, within the same reasonably contiguous geographic area of the institution; (2) all public property within such area that provides immediate access to the facilities of the institution; (3) any building or property owned, controlled, or used by the institution for educational purposes, and is used by students, even if is not within the contiguous area; and (4) all dormitories or other student residential facilities owned or controlled by the institution. (Sec. 5) Directs the Secretary of Education to: (1) report to the Congress each institution not in compliance with campus crime reporting requirements; and (2) provide data on successful campus security measures as well as technical assistance to institutions having difficulty with or not in compliance with such reporting requirements. Requires institutions to distinguish in their reports crimes committed: (1) on public property within the same reasonably contiguous geographic area of the institution; and (2) in student residential facilities or other facilities affiliated with the institution. (Sec. 7) Establishes civil penalties for institutions for certain violations of, failures to comply with, or misrepresentations with respect to such campus crime reporting requirements.

Campus Crime Disclosure Act of 1998

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Hormone Replacement Therapy Alternative Treatment Fairness Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Medicare coverage of hormone replacement therapy and alternative treatments for hormone replacement therapy. Sec. 4. Medicaid coverage of alternative treatments for hormone replacement therapy. Sec. 5. Coverage of hormone replacement therapy and alternative treatments for hormone replacement therapy under group health plans and individual health insurance coverage. Sec. 6. Coverage of alternative treatments for hormone replacement therapy under FEHBP. Sec. 7. Coverage of alternative treatments for hormone replacement therapy under veterans' benefits. Sec. 8. Coverage of alternative treatments for hormone replacement therapy under TRICARE. SEC. 2. FINDINGS. Congress finds the following: (1) 50 million women in the United States suffer from symptoms or conditions related to menopause, including osteoporosis, hot flashes, heart disease, and depression. (2) The Women's Health Initiative terminated its study on the synthetic version of hormone replacement therapy (HRT) three years early due to findings that the combination of estrogen and progestin increases the risk of heart disease, stroke, blood clots, and breast cancer. (3) Only 35 percent of women in the United States who are undergoing menopause take prescribed synthetic HRT for treatment of menopausal symptoms. (4) Natural estrogen and progestin, which may not be available by prescription, could be useful in treating menopause symptoms and related conditions. (5) 33 percent of women in the United States who are undergoing menopause routinely use alternative treatments for menopausal symptoms, such as Soy, Black Cohosh, Chasteberry, Pro-Gest, Hops, Red Clover, Dong Quai, Evening Primose Oil, Vitamin E, Flax Seed Oil, Ginseng, and natural DHEA. (6) Women deserve relief from ailments relating to menopause. (7) Government insurance programs such as medicare, medicaid, the Federal Employees Health Benefits Program (FEHBP), and the Department of Veterans' Affairs do not cover non-prescription alternative HRT treatments. (8) Most private insurance does not cover non-prescription alternative HRT treatments. SEC. 3. MEDICARE COVERAGE OF HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT THERAPY. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (U); (2) by adding ``and'' at the end of subparagraph (V); and (3) by adding at the end the following new subparagraph: ``(W)(i) hormone replacement therapy for treatment of menopausal symptoms and (ii) an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law and if it has been proven safe and effective in peer-reviewed scientific studies;''. (b) Effective Date.--The amendments made by subsection (a) shall apply to therapies furnished on or after the date of the enactment of this Act. SEC. 4. MEDICAID COVERAGE OF ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT THERAPY. (a) Requirement for Coverage.--Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)) is amended-- (1) in subparagraph (A) in the matter before clause (i), by striking ``and (21)'' and inserting ``, (21), and (27)''; and (2) in subparagraph (C)(iv)-- (A) by striking ``and (17)'' and inserting ``, (17), and (27)''; and (B) by striking ``through (24)'' and inserting ``through (27)''. (b) Description of Covered Therapies.--Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (26); (2) by redesignating paragraph (27) as paragraph (28); and (3) by inserting after paragraph (26) the following new paragraph: ``(27) an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law and if it has been proven safe and effective in peer-reviewed scientific studies; and''. (c) Effective Date.--The amendments made by this section apply to therapies furnished on or after the date of the enactment of this Act, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. SEC. 5. COVERAGE OF HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT THERAPY UNDER GROUP HEALTH PLANS AND INDIVIDUAL HEALTH INSURANCE COVERAGE. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARD RELATING TO COVERAGE OF HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT THERAPY. ``(a) Requirements.-- ``(1) Hormone replacement therapy.--If a group health plan, or a health insurance issuer offering group health insurance coverage, provides benefits for outpatient prescription drugs, the plan or coverage may not exclude or restrict benefits for hormone replacement therapy for treatment of menopausal symptoms. ``(2) Alternative treatments for hormone replacement therapy.--If a group health plan, or a health insurance issuer offering group health insurance coverage, provides benefits for hormone replacement therapy for treatment of menopausal symptoms, the plan or coverage may not exclude or restrict benefits for an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if-- ``(A) the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law; and ``(B) it has been proven safe and effective in peer-reviewed scientific studies. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARD RELATING TO COVERAGE OF HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT THERAPY. ``(a) Requirements.-- ``(1) Hormone replacement therapy.--If a group health plan, or a health insurance issuer offering group health insurance coverage, provides benefits for outpatient prescription drugs, the plan or coverage may not exclude or restrict benefits for hormone replacement therapy for treatment of menopausal symptoms. ``(2) Alternative treatments for hormone replacement therapy.--If a group health plan, or a health insurance issuer offering group health insurance coverage, provides benefits for hormone replacement therapy for treatment of menopausal symptoms, the plan or coverage may not exclude or restrict benefits for an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if-- ``(A) the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law; and ``(B) it has been proven safe and effective in peer-reviewed scientific studies. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standard relating to coverage of hormone replacement therapy and alternative treatments for hormone replacement therapy.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standard relating to coverage of hormone replacement therapy and alternative treatments for hormone replacement therapy.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. STANDARD RELATING TO COVERAGE OF HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT THERAPY. ``(a) Hormone Replacement Therapy.--If a group health plan provides benefits for outpatient prescription drugs, the plan may not exclude or restrict benefits for hormone replacement therapy for treatment of menopausal symptoms. ``(b) Alternative Treatments for Hormone Replacement Therapy.--If a group health plan provides benefits for hormone replacement therapy for treatment of menopausal symptoms, the plan may not exclude or restrict benefits for an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if-- ``(1) the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law; and ``(2) it has been proven safe and effective in peer- reviewed scientific studies.'' (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING TO COVERAGE OF HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT THERAPY. ``(a) In General.--The provisions of section 2707(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Date.--The amendments made by this section shall apply with respect to therapies furnished on or after the date of the enactment of this Act. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this section (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. SEC. 6. COVERAGE OF HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT THERAPY UNDER FEHBP. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p)(1) If a contract or plan provides benefits for outpatient prescription drugs, the contract or plan may not exclude or restrict benefits for hormone replacement therapy for treatment of menopausal symptoms. ``(2) If a contract or plan provides benefits for hormone replacement therapy for treatment of menopausal symptoms, the contract or plan may not exclude or restrict benefits for an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if-- ``(A) the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law; and ``(B) it has been proven safe and effective in peer- reviewed scientific studies.''. (b) Effective Date.--The amendment made by this section shall apply with respect to contracts made and plans approved on or after the date of the enactment of this Act. SEC. 7. COVERAGE OF ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT THERAPY UNDER VETERANS' BENEFITS. (a) In General.--Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(G) An alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law and if it has been proven safe and effective in peer-reviewed scientific studies.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to therapies made on or after the date of the enactment of this Act. SEC. 8. COVERAGE OF ALTERNATIVE TREATMENTS FOR HORMONE REPLACEMENT THERAPY UNDER TRICARE. (a) In General.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1074k the following new section: ``Sec. 1074l. TRICARE program: benefits for alternative treatments for hormone replacement therapy ``Each contract under the TRICARE program shall provide benefits for an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if-- ``(1) the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law; and ``(2) it has been proven safe and effective in peer- reviewed scientific studies.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074k the following new item: ``1074l. TRICARE program: benefits for alternative treatments for hormone replacement therapy.''. (b) Effective Date.--Section 1074l of title 10, United States Code, as added by subsection (a), shall apply to therapies furnished on or after the date of the enactment of this Act.

Hormone Replacement Therapy Alternative Treatment Fairness Act - Amends the Social Security Act to include coverage of hormone replacement therapy for menopausal symptoms and alternative treatments for hormone replacement therapy for menopausal symptoms under Medicare (title XVIII of the Act). Includes alternative treatments for hormone replacement therapy for menopausal symptoms under Medicaid (title XIX of the Act).Requires coverage of hormone replacement therapy for menopausal symptoms and alternative treatments for hormone replacement therapy for menopausal symptoms on the same basis as outpatient prescription drugs under: (1) the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (group health plans and group and individual health insurance); (2) the Internal Revenue Code (group health plans);and (3) Federal employee health benefit plans.Includes alternative treatments for hormone replacement therapy for menopausal symptoms under veterans' benefits and the TRICARE program (a managed health care program of the armed forces).

To provide for coverage of hormone replacement therapy and alternative treatments for hormone replacement therapy (HRT) under the Medicare and Medicaid programs, group health plans and individual health insurance coverage, and other Federal health insurance programs.

SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF ROLLER CHAIN. (a) Liquidation or Reliquidation of Entries.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the date of enactment of this Act, liquidate or reliquidate the entries listed in subsection (b) without assessment of antidumping duties or interest and shall refund any antidumping duties or interest which were previously paid. (b) Affected Entries.--The entries referred to in subsections (a) and (b) are the following: Entry number Date of entry Port 000002975 08/21/85 Chicago 000008147 01/28/86 Chicago 000005499 03/14/86 Chicago 000000922 07/31/85 Chicago 000005499 03/14/86 Chicago 000008147 01/28/86 Chicago 000002975 08/21/85 Chicago 000000922 07/31/85 Chicago 000008353 06/18/84 Chicago 000008324 01/04/85 Chicago 000004302 11/08/84 Chicago 000005107 11/19/84 Chicago 000000150 07/18/84 Chicago 000002877 05/09/84 Chicago 000008386 03/21/83 Chicago 000007691 02/07/83 Chicago 000007701 02/07/83 Chicago 000005834 01/13/82 Chicago 000006309 01/18/82 Chicago 000000081 02/12/82 Chicago 000000052 02/17/82 Chicago 000006768 04/13/82 Chicago 000009569 06/18/82 Chicago 000005114 10/06/82 Chicago 000007088 10/14/81 Chicago 000004777 05/19/83 Chicago 000005240 11/28/83 Chicago 000007606 08/18/83 Chicago 000005132 06/08/83 Chicago 000006100 12/22/83 Chicago 000004034 11/02/83 Chicago 000008090 09/07/83 Chicago 000006762 08/05/83 Chicago 000005569 06/22/83 Chicago 000008991 04/12/83 Chicago 000009222 10/03/83 Chicago 000006414 12/29/83 Chicago 000008014 01/31/84 Chicago 000009204 07/03/86 Chicago 000000813 08/14/86 Chicago

Directs the Bureau of Customs and Border Protection to liquidate or reliquidate certain entries of roller chain and refund any amounts owed.

A bill to liquidate or reliquidate certain entries of roller chain.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Payday Loan Consumer Protection Amendments of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) Payday lending is a rapidly expanding form of high- cost, short-term credit that uses a borrower's personal check as collateral and targets individuals with limited access to affordable credit who are in desperate need of cash to meet immediate obligations. (2) Consumer group studies indicate that the average annual percentage rate on payday loans nationally is 474 percent for a two-week loan, and that a typical payday loan is renewed ten or more times before repayment at equivalent annual interest rates that exceed 1000 percent. (3) While State law has traditionally prohibited such high cost lending through usury limits, small loan interest caps and other restrictions, these laws have either been revised to exempt payday loan transactions, or payday lenders have affiliated with insured depository institutions to invoke the most favored lender principle under Federal law to circumvent interest rate regulation in State law. (4) Lending that fails to assess borrowers ability to repay, that requires consumers to write checks on insufficient funds, that encourages perpetual debt or default on other obligations, and that facilitates violations of State law, is an unacceptable banking practice for insured depository institutions that threatens the safety of the participating institution and the broader banking system. (5) While Congress clearly intended for the credit protections of the Truth in Lending Act to apply broadly to all credit transactions, including payday loan transactions, and such application to payday loan transactions has been correctly affirmed in recent court decisions, the provision of Truth in Lending credit disclosures is not standard practice among payday lenders across the country and should be a more explicit requirement in Federal statutes and regulations. (b) Purpose.--It is the purpose of this Act to encourage fair lending practices by prohibiting insured depository institutions from engaging in any form of payday lending, by restricting the use of personal checks drawn on, or forms of withdrawals from, accounts at insured depository institutions for purposes of making payday loans, and by clarifying what the Congress has always intended by explicitly stating in the Truth in Lending Act that appropriate interest rate disclosure and other consumer protections of the Act do apply to all payday loans. SEC. 3. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT. Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(v) Prohibition on Certain Unsafe and Unsound Banking Practices.-- ``(1) In general.--An insured depository institution may not-- ``(A) make any payday loan, either directly or indirectly; or ``(B) make any loan to any other lender for purposes of financing a payday loan or refinancing or extending any payday loan. ``(2) Payday loan defined.--For purposes of this subsection, the term `payday loan' means any transaction in which a short-term cash advance is made to a consumer in exchange for-- ``(i) a consumer's personal check or share draft, in the amount of the advance plus a fee, where presentment or negotiation of such check or share draft is deferred by agreement of the parties until a designated future date; or ``(ii) a consumer's authorization to debit the consumer's transaction account, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date.''. SEC. 4. TRUTH IN LENDING ACT AMENDMENTS. (a) Clarification of Application to Payday Loans.--For purposes of clarifying that payday loans have always been within the definition of credit, section 103(e) of the Consumer Credit Protection Act (15 U.S.C. 1602(e)) is amended, effective as of the date of the enactment of this Act, by inserting before the period at the end ``, including any payday loan (as defined in section 18(v)(2) of the Federal Deposit Insurance Act)''. (b) Prohibition on Certain Unsafe and Unsound Lending Practices.-- Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by adding at the end the following new subsection: ``(e) Prohibition on Payday Loans Based on Checks Drawn On, or Authorized Withdrawals From, Insured Depository Institutions.-- ``(1) In general.--A creditor may not make a payday loan to any person if the creditor knows or has reasonable cause to believe that-- ``(A) the personal check or share draft the creditor receives from the person, in exchange for the loan, is drawn on an insured depository institution or insured credit union; or ``(B) the account the creditor receives permission from the person to debit, in exchange for the loan, is a transaction account or share draft account at an insured depository institution or an insured credit union. ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Insured credit union.--The term `insured credit union' has the meaning given the term in section 101 of the Federal Credit Union Act. ``(B) Insured depository institution.--The term `insured depository institution' has the meaning given the term in section 3 of the Federal Deposit Insurance Act. ``(C) Payday loan defined.--The term `payday loan' means any transaction in which a short-term cash advance is made to a consumer in exchange for-- ``(i) a consumer's personal check or share draft, in the amount of the advance plus a fee, where presentment or negotiation of such check or share draft is deferred by agreement of the parties until a designated future date; or ``(ii) a consumer's authorization to debit the consumer's transaction or share draft account, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date.''. (c) Civil Liability.-- (1) In general.--Section 130(a)(2) of the Truth in Lending Act (15 U.S.C. 1640(a)(2)) is amended-- (A) in subparagraph (A)-- (i) by inserting ``clauses (i) and (ii) of'' after ``except that the liability under''; (ii) by striking ``$100'' and inserting ``$200''; and (iii) by striking ``$1,000'' and inserting ``$10,000''; and (B) in subparagraph (B), by striking `` lesser of $500,000 or'' and inserting ``greater of (i) the maximum amount of liability determined under subparagraph (A) for each member of the class multiplied by the number of members of the class or (ii)''. (2) Technical and conforming amendments.--Section 130(a) of the Truth in Lending Act is amended-- (A) in the matter preceding paragraph (1), by striking ``equal to the sum of--'' and inserting ``equal to the sum of amounts determined under the following paragraphs, whichever apply:''; and (B) in the 4th sentence which begins after the end of paragraph (4) by striking ``disclosures referred to in section 128'' and inserting ``disclosures referred to in section 128(a)''. SEC. 5. EFFECTIVE DATE. Except as provided in section 4(a), which is a clarification of existing law, the requirements of this Act and the amendments made by this Act shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act and shall apply to payday loans initiated on or after such date and to an extension or renewal of a payday loan made on or after such date.

Amends the Consumer Credit Protection Act to redefine credit to include any payday loan. Amends the Truth in Lending Act to prohibit a creditor from making a payday loan if the creditor has reasonable cause to believe that: (1) the personal check or share draft received in exchange for such loan is drawn upon either an insured depository institution or insured credit union; or (2) the account debited in exchange for such loan is a transaction or share draft account at an insured depository institution or an insured credit union. Sets forth civil liabilities for violations of this Act.

Federal Payday Loan Consumer Protection Amendments of 2000

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that: (1) Sickle Cell Disease is a serious illness that disproportionately affects African-Americans. (2) Approximately 1 out of every 12 African-Americans is born with the sickle cell trait, and about 1 out of every 600 is afflicted with Sickle Cell Disease. (3) Sickle cell conditions also occur in other United States populations, primarily those of Puerto Rican, Cuban, southern Italian ancestry and more recently sickle cell has been found in some Caucasian individuals. (4) Sickle Cell Disease is a painful and disabling disorder which can lead to untimely death and is caused by inadequate transportation of oxygen due to an abnormal type of hemoglobin molecule in the red blood cells. (5) Sickle Cell Disease is an inherited disease which can be transmitted to offspring, particularly if both parents carry the genetic trait. (6) The sickle cell trait carriers show no sign of the disease, but statistically, 1 in 4 of their children will be afflicted with the disease. (7) There is no national research center devoted to Sickle Cell Disease in the United States. (8) There is no known cure for Sickle Cell Disease at this time and there is a need for prioritized and specialized research to find such a cure for this severely disabling disease. (9) Louisiana's minority population is 1,299,281. (10) Of this number, a suspected 3,248 individuals will have the disease and of those individuals, 25 percent (812 individuals) will have the most acute and serious stage of Sickle Cell Disease, a stage that is usually fatal. (11) Some 129,928 individuals in Louisiana will carry the sickle cell trait. (12) Southern University, located in Baton Rouge, Louisiana is the largest predominately African-American university in the United States. (13) Approximately 16,700 students attend this 112 year old school and Southern graduates are located throughout the United States and the world. (14) The State of Louisiana through the Louisiana Legislature and Southern University, has shown great leadership and committed significant financial and personnel resources towards the development of a National Center for Sickle Cell Disease Research. (15) Because Southern University has committed its resources and personnel to seeing this project through to its ultimate goal, finding a cure for Sickle Cell Disease, and because of Southern University's large minority population it is appropriate to locate the National Center for Sickle Cell Disease Research at Southern University in Baton Rouge. (b) Purpose.--It is the purpose of this Act to establish a National Center for Sickle Cell Disease at Southern University in Baton Rouge, Louisiana, that will have the following objectives-- (1) to conduct biomedical research and clinical investigations designed to find a cure for Sickle Cell Disease; (2) to conduct a wide variety of human behavioral studies designed to provide new knowledge about such issues as the effectiveness of various counseling and education methods, and techniques to improve coping skills on the part of patients and their families; (3) to establish collaborative arrangements and joint research programs and projects with other Louisiana institutions of higher education, such as Louisiana State University Medical Centers at New Orleans and Shreveport and Tulane University Medical Center to conduct clinical trials on anti-sickling agents; (4) to provide expanded opportunities for faculty members at the institutions described in paragraph (3) to publish in the three broad areas of basic biomedical research, psychosocial research and clinical research; (5) to become a laboratory for training both graduate and undergraduate students in research methods and techniques concerning Sickle Cell Disease; and (6) to develop, promote and implement joint research projects with other public and private higher education institutions including teaching hospitals on Sickle Cell Disease. SEC. 2. NATIONAL CENTER FOR SICKLE CELL DISEASE RESEARCH. (a) Grant.--The Secretary of Health and Human Services shall award a grant to the Louisiana Department of Health and Hospitals for the establishment and construction of the National Center for Sickle Cell Disease Research at Southern University in Baton Rouge, Louisiana, and for related facilities and equipment at such Center. Prior to the awarding of such grant, the State of Louisiana shall certify to the Secretary-- (1) that the State of Louisiana has provided not less than $7,000,000 to support and operate such Center; and (2) that the State of Louisiana has developed a plan to provide funds for the continued operation and support of such center. (b) Authorization of Appropriations.--There is authorized to be appropriated $21,000,000 to carry out the purposes of this Act.

Directs the Secretary of Health and Human Services to award a grant to the Louisiana Department of Health and Hospitals to establish and construct the National Center for Sickle Cell Disease Research at Southern University in Baton Rouge, Louisiana, and for related facilities and equipment at such Center. Authorizes appropriations.

A bill to authorize the Secretary of Health and Human Services to award a grant for the establishment of the National Center for Sickle Cell Disease Research, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Accountability Tax Efficiency Reinvestment Act of 2009'' or as the ``WATER Act of 2009''. SEC. 2. CREDIT FOR WATERSENSE PROGRAM PROPERTY. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30E. WATERSENSE PROGRAM PROPERTY. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the amounts paid or incurred by the taxpayer during such taxable year for certified WaterSense program property. ``(b) Lifetime Limitation.--The aggregate amount of the credits allowed under this section with respect to any taxpayer for any taxable year shall not exceed the excess (if any) of $1,500 over the aggregate credits allowed under this section with respect to such taxpayer for all prior taxable years. ``(c) Certified WaterSense Program Property.--For purposes of this section, the term `certified WaterSense program property' means any property-- ``(1) certified by the Environmental Protection Agency as meeting the requirements of the WaterSense program, and ``(2) the original use of which commences with the taxpayer. ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section and sections 23, 25D, 30, and 30D) and section 27 for the taxable year. ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as a one person. ``(2) Basis reduction.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)). ``(3) No double benefit.--The amount of any deduction or other credit allowable under this chapter with respect to any property for which credit is allowable under subsection (a) shall be reduced by the amount of credit allowed under subsection (a) with respect to such property (determined without regard to subsection (d)). ``(4) Property used outside united states not qualified.-- No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1). ``(f) Termination.--This section shall not apply to any property placed in service after December 31, 2010.''. (b) Conforming Amendments.-- (1)(A) Section 24(b)(3)(B) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (B) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``30E,'' after ``30D,''. (C) Section 25B(g)(2) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (D) Section 26(a)(1) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (E) Section 904(i) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (F) Section 1400C(d)(2) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (2) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(37) to the extend provided in section 30E(e)(2).''. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30E. WaterSense program property.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Water Accountability Tax Efficiency Reinvestment Act of 2009 or the WATER Act of 2009 - Amends the Internal Revenue Code to allow a tax credit for 30% of amounts paid for WaterSense program property certified by the Environmental Protection Agency (EPA). Limits the lifetime dollar amount of such credit to $1,500. Terminates such credit after 2010.

To amend the Internal Revenue Code of 1986 to provide a credit for property certified by the Environmental Protection Agency under the WaterSense program.

SECTION 1. ANTI-BULLYING ROUNDTABLE. (a) Establishment.--The President shall establish a commission to be known as the ``Anti-Bullying Roundtable'' (in this Act referred to as the ``Roundtable''). (b) Duties.--The duties of the Roundtable shall be to study bullying in elementary and secondary schools in the United States by consulting with State and local educational agencies regarding-- (1) current policies on bullying; (2) teacher education; (3) parent and student education; (4) instances of student violence as a result of bullying; and (5) instances of student self-harm as a result of bullying. (c) Membership.-- (1) Number and appointment.--The Roundtable shall be composed of 13 members appointed by the President according to the following procedure: (A) The President shall appoint one individual to serve as chair of the Roundtable. (B) The President shall appoint 12 individuals who are one of the following types of stakeholders to serve as members of the Roundtable: (i) Teachers. (ii) School administrators. (iii) Parents of schoolchildren. (iv) Bullied children. (v) Guidance counselors. (vi) Child psychologists. (vii) Paraprofessionals. (viii) School resource officers. (ix) Campus security officers. (x) School police officers. (xi) Other specialized instructional support personnel. (xii) Other relevant law enforcement entities. (xiii) Other interested parties. (C) Members of Congress may submit letters of recommendation to the President regarding the members to be appointed pursuant to paragraph (B). (2) Terms.-- (A) In general.--Each member shall be appointed for the duration of the existence of the Roundtable. (B) Vacancies.--A vacancy in the Roundtable shall be filled in the manner in which the original appointment was made. (3) Pay.--Members of the Roundtable shall serve without pay. (d) Time Frame for Formation.--Not later than 90 days after the date of enactment of this Act, the President shall appoint the 13 members described in subsection (c) and certify to Congress that the Roundtable has been formed. (e) Powers of Roundtable.-- (1) Hearings and sessions.--The Roundtable may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Roundtable considers appropriate. (2) Obtaining official data.--The Roundtable may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the chair of the Roundtable, the head of that department or agency shall furnish that information to the Roundtable. (3) Mails.--The Roundtable may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (4) Administrative support services.--Upon request of the Roundtable, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Roundtable to carry out its responsibilities under this Act. (f) Reports.-- (1) Best practices report.--Not later than 270 days after the date on which the President certifies to Congress that the Roundtable has been formed, the Roundtable shall submit to Congress a report on best practices concerning bullying in elementary and secondary schools in the United States that contains, among other things-- (A) recommendations for how to combat bullying; (B) recommendations for how to best educate educators, administrators, and all relevant school staff on recognizing bullying; and (C) recommendations for how parents can best address and discuss with their children the early warning signs of bullying. (2) Final report.--Not later than one year after the date on which the President certifies to Congress that the Roundtable has been formed, the Roundtable shall transmit a final report to Congress containing-- (A) a detailed statement of the findings and conclusions of the Roundtable; and (B) the recommendations of the Roundtable for legislation or administrative actions the Roundtable considers appropriate. (g) Termination.--The Roundtable shall terminate upon submission of the final report pursuant to subsection (f)(2).

This bill requires the President to establish a commission called the "Anti-Bullying Roundtable" to study bullying in elementary and secondary schools in the United States. The roundtable must submit a report about best practices concerning bullying, including recommendations for: (1) combating bullying, (2) educating school officials to recognize bullying, and (3) helping parents to address the early warning signs of bullying with their children.

To establish an Anti-Bullying Roundtable to study bullying in elementary and secondary schools in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fraudulent Online Identity Sanctions Act''. SEC. 2. AMENDMENT TO TRADEMARK ACT OF 1946. Section 35 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly referred to as the ``Trademark Act of 1946''; 15 U.S.C. 1117), is amended by adding at the end the following new subsection: ``(e) In the case of a violation referred to in this section, it shall be a rebuttable presumption that the violation is willful for purposes of determining relief if the violator, or a person acting in concert with the violator, knowingly provided or knowingly caused to be provided materially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the violation. Nothing in this subsection limits what may be considered a willful violation under this section.''. SEC. 3. AMENDMENT TO TITLE 17, UNITED STATES CODE. Section 504(c) of title 17, United States Code, is amended by adding at the end the following new paragraph: ``(3)(A) In a case of infringement, it shall be a rebuttable presumption that the infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert with the violator, knowingly provided or knowingly caused to be provided materially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the infringement. ``(B) Nothing in this paragraph limits what may be considered willful infringement under this subsection. ``(C) For purposes of this paragraph, the term `domain name' has the meaning given that term in section 45 of the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes' approved July 5, 1946 (commonly referred to as the `Trademark Act of 1946'; 15 U.S.C. 1127).''. SEC. 4. AMENDMENT TO TITLE 18, UNITED STATES CODE. (a) Sentencing Enhancement.--Section 3559 of title 18, United States Code, is amended by adding at the end the following: ``(f)(1) If a defendant being prosecuted for a felony offense (other than offense of which an element is the false registration of a domain name) knowingly falsely registers a domain name and knowingly uses that domain name in the course of that offense, the maximum imprisonment otherwise provided by law for that offense shall be doubled or increased by 7 years, whichever is less. ``(2) As used in this section-- ``(A) the term `falsely registers' means registers in a manner that prevents the effective identification of or contact with the person who registers; and ``(B) the term `domain name' has the meaning given that term is section 45 of the Act entitled `An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes' approved July 5, 1946 (commonly referred to as the `Trademark Act of 1946') (15 U.S.C. 1127).''. (b) United States Sentencing Commission.-- (1) Directive.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend the sentencing guidelines and policy statements to ensure that the applicable guideline range for a defendant convicted of any felony offense carried out online that may be facilitated through the use of a domain name registered with materially false contact information is sufficiently stringent to deter commission of such acts. (2) Requirements.--In carrying out this subsection, the Sentencing Commission shall provide sentencing enhancements for anyone convicted of any felony offense furthered through knowingly providing or knowingly causing to be provided materially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the violation. (3) Definition.--For purposes of this subsection, the term ``domain name'' has the meaning given that term in section 45 of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly referred to as the ``Trademark Act of 1946''; 15 U.S.C. 1127).

Fraudulent Online Identity Sanctions Act - Amends the Trademark Act of 1946 and Federal copyright law to make it a violation of trademark and copyright law if a person knowingly provided, or caused to be provided, materially false contact information in making, maintaining, or renewing the registration of a domain name used in connection with the violation. Amends the Federal criminal code to require the maximum imprisonment otherwise provided for a felony offense to be doubled or increased by seven years, whichever is less, if the defendant knowingly falsely registers a domain name and uses that domain name in the course of the felony offense. Directs the U.S. Sentencing Commission to review and amend sentencing guidelines with respect to a conviction for the false registration and use of a domain name during the course of a felony offense.

To provide additional civil and criminal remedies for domain name fraud.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Energy Critical Elements and American Jobs Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate Congressional committees'' means the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate. (2) Center.--The term ``Center'' means the Critical Materials Information Center established under section 102(b). (3) Department.--The term ``Department'' means the Department of Energy. (4) Energy critical element.--The term ``energy critical element'' means any of a class of chemical elements that have a high risk of a supply disruption and are critical to one or more new, energy-related technologies such that a shortage of such element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy. (5) Hub.--The term ``Hub'' means the Critical Materials Energy Innovation Hub authorized in section 102(a). (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (7) Program.--The term ``program'' means the program authorized in section 101(a). (8) Secretary.--The term ``Secretary'' means the Secretary of Energy. TITLE I--ENERGY CRITICAL ELEMENTS SEC. 101. ENERGY CRITICAL ELEMENTS PROGRAM. (a) Authorization of Program.-- (1) In general.--There is authorized in the Department a program of research, development, demonstration, and commercial application to assure the long-term, secure, and sustainable supply of energy critical elements sufficient to satisfy the national security, economic well-being, and industrial production needs of the United States. This program may be carried out primarily by the Critical Materials Energy Innovation Hub authorized in section 102(a). (2) Program activities.--The program shall focus on areas that the private sector by itself is not likely to undertake because of technical and financial uncertainty and support activities to-- (A) improve methods for the extraction, processing, use, recovery, and recycling of energy critical elements; (B) improve the understanding of the performance, processing, and adaptability in engineering designs using energy critical elements; (C) identify and test alternative materials that can be substituted for energy critical elements and maintain or exceed current performance; and (D) engineer and test applications that-- (i) use recycled energy critical elements; (ii) use alternative materials; or (iii) seek to minimize energy critical element content. (3) Expanding participation.--In carrying out the program, the Secretary shall encourage multidisciplinary collaborations of participants, including opportunities for students at institutions of higher education. (4) Consistency.--The program shall be consistent with the policies and programs in the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et seq.). (5) International collaboration.--In carrying out the program, the Secretary shall collaborate, to the extent practicable, on activities of mutual interest with the relevant agencies of foreign countries with interests relating to energy critical elements. (b) Plan.-- (1) In general.--Within 180 days after the date of enactment of this Act and biennially thereafter, the Secretary shall prepare and submit to the appropriate Congressional committees a plan to carry out the program. (2) Specific requirements.--The plan required under paragraph (1) shall include a description of-- (A) the research and development activities to be carried out by the program during the subsequent 2 years; (B) the expected contributions of the program to the creation of innovative methods and technologies for the efficient and sustainable provision of energy critical elements to the domestic economy; and (C) how the program is promoting the broadest possible participation by academic, industrial, and other contributors. (3) Consultation.--In preparing each plan under paragraph (1), the Secretary shall consult with appropriate representatives of industry, institutions of higher education, Department of Energy national laboratories, professional and technical societies, other Federal agencies, and other entities, as determined by the Secretary. (c) Coordination and Nonduplication.--To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this title are coordinated with, and do not unnecessarily duplicate the efforts of, other programs within the Federal Government. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary to carry out this Act the following sums: (A) For fiscal year 2016, $25,000,000. (B) For fiscal year 2017, $25,000,000. (C) For fiscal year 2018, $25,000,000. (D) For fiscal year 2019, $25,000,000. (E) For fiscal year 2020, $25,000,000. (2) Availability.--Such sums shall remain available until expended. SEC. 102. CRITICAL MATERIALS ENERGY INNOVATION HUB. (a) Critical Materials Energy Innovation Hub.--To carry out the program, the Secretary is authorized to maintain a Critical Materials Energy Innovation Hub. (b) Critical Materials Information Center.-- (1) In general.--To collect, catalogue, disseminate, and archive information on energy critical elements in coordination with the Department of Energy Office of Scientific and Technical Information, the Hub shall establish and maintain a Critical Materials Information Center. (2) Center activities.-- (A) In general.--The Center shall-- (i) serve as the repository for scientific and technical data generated by the research and development activities funded under this section; (ii) assist scientists and engineers in making the fullest possible use of the Center's data holdings; (iii) seek and incorporate other information on energy critical elements to enhance the Center's utility for program participants and other users; (iv) provide advice to the Secretary concerning the program; and (v) host meetings, at least annually, for participants in the program and other interested parties to promote information sharing and encourage new collaborative activities. (B) Restriction.--Not more than 2.5 percent of the amounts made available pursuant to this section may be used for hosting conferences under subparagraph (A)(v). (c) Review and Report to Congress.--An award made to operate the Hub shall be for a period not to exceed 5 years, after which the award may be renewed, subject to a rigorous merit review. A Hub already in existence on the date of enactment of this Act may continue to receive support for a period of 5 years beginning on the date of establishment of that Hub. Following this process, if the Secretary determines that award renewal for the Hub is justified, then the Secretary must submit a report to the appropriate Congressional committees at least 30 days prior to the award renewal which explains the Secretary's determination and describes the Department's review process. (d) Prohibition on Construction.--No funds provided pursuant to this section may be used for construction of new buildings or facilities for the Hub. Construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost- sharing agreement. SEC. 103. SUPPLY OF ENERGY CRITICAL ELEMENTS. The President, acting through the Critical Material Supply Chain Subcommittee of the Committee on Environment, Natural Resources, and Sustainability of the National Science and Technology Council, shall-- (1) coordinate the actions of applicable Federal agencies to promote an adequate and stable supply of energy critical elements necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs; (2) identify energy critical elements and establish scenario modeling systems for supply problems of energy critical elements; (3) establish a mechanism for the coordination and evaluation of Federal programs with energy critical element needs, including Federal programs involving research and development, in a manner that complements related efforts carried out by the private sector and other domestic and international agencies and organizations; (4) promote and encourage private enterprise in the development of an economically sound and stable domestic energy critical elements supply chain; (5) promote and encourage the recycling of energy critical elements, taking into account the logistics, economic viability, environmental sustainability, and research and development needs for completing the recycling process; (6) assess the need for and make recommendations concerning the availability and adequacy of the supply of technically trained personnel necessary for energy critical elements research, development, extraction, and industrial production, with a particular focus on the problem of attracting and maintaining high-quality professionals for maintaining an adequate supply of energy critical elements; and (7) report to the appropriate Congressional committees on activities and findings under this section. TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND DEVELOPMENT SEC. 201. AMENDMENTS TO NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH AND DEVELOPMENT ACT OF 1980. (a) Program Plan.--Section 5 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604) is amended-- (1) by striking ``date of enactment of this Act'' each place it appears and inserting ``date of enactment of the Securing Energy Critical Elements and American Jobs Act of 2015''; (2) in subsection (b)(1), by striking ``Federal Coordinating Council for Science, Engineering, and Technology'' and inserting ``National Science and Technology Council''; (3) in subsection (c)-- (A) by striking ``the Federal Emergency'' and all that follows through ``Agency, and''; (B) by striking ``appropriate shall'' and inserting ``appropriate, shall''; (C) by striking paragraph (1); (D) in paragraph (2), by striking ``in the case'' and all that follows through ``subsection,''; (E) by redesignating paragraph (2) as paragraph (1); (F) by redesignating paragraph (3) as paragraph (2); and (G) by amending paragraph (2), as redesignated, to read as follows: ``(2) assess the adequacy and stability of the supply of materials necessary to maintain national security, economic well-being, and industrial production.''; (4) by striking subsection (d); and (5) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (b) Policy.--Section 3 of such Act (30 U.S.C. 1602) is amended-- (1) by striking ``The Congress declares that it'' and inserting ``It''; and (2) by striking ``The Congress further declares that implementation'' and inserting ``Implementation''. (c) Implementation.--The matter before paragraph (1) of section 4 of such Act (30 U.S.C. 1603) is amended-- (1) by striking ``For the purpose'' and all that follows through ``declares that the'' and inserting ``The''; and (2) by striking ``departments and agencies,'' and inserting ``departments and agencies to implement the policies set forth in section 3''. SEC. 202. REPEAL. The National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.) is repealed.

Securing Energy Critical Elements and American Jobs Act of 2015 Authorizes within the Department of Energy (DOE) a research, development, and commercial application program to assure the long-term, secure, and sustainable supply of energy critical elements to satisfy the national security, economic well-being, and industrial production needs of the United States. ("Energy critical element" means any of a class of chemical elements that have a high risk of a supply disruption and are critical to one or more new, energy-related technologies so that a shortage of that element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy.) Requires the program to focus upon areas the private sector by itself is not likely to undertake because of technical and financial uncertainty. Directs DOE to: (1) encourage multidisciplinary collaborations, including opportunities for students at institutions of higher education; (2) collaborate with agencies of foreign countries with interests relating to energy critical elements; and (3) submit biennially updated implementation plans to Congress. Authorizes DOE to maintain a Critical Materials Energy Innovation Hub to carry out the program established by this Act. Requires the Hub to establish and maintain a Critical Materials Information Center to collect, catalogue, disseminate, and archive information on energy critical elements in coordination with the DOE Office of Scientific and Technical Information. Limits to a renewable period of five years any award made to operate the Hub. Directs the President, acting through the Critical Material Supply Chain Subcommittee of the Committee on Environment, Natural Resources, and Sustainability of the National Science and Technology Council, to: (1) coordinate the actions of federal agencies to promote an adequate and stable supply of energy critical elements; (2) identify energy critical elements and establish scenario modeling systems for supply problems; (3) establish a mechanism for the coordination and evaluation of federal programs with energy critical element needs; and (4) encourage private enterprise in the development of an economically sound and stable domestic energy critical elements supply chain. Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to: (1) instruct the Director of the Office of Science and Technology Policy to coordinate federal materials research and development through the National Science and Technology Council (instead of, as currently required, the Federal Coordinating Council for Science, Engineering, and Technology, which is now defunct); (2) modify the duties of the Secretary of Commerce regarding critical needs assessment; and (3) repeal specified duties of the Secretaries of Defense and of the Interior. Repeals the National Critical Materials Act of 1984.

Securing Energy Critical Elements and American Jobs Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless 411 Privacy Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There are roughly 150 million wireless subscribers in the United States, up from approximately 15 million subscribers just a decade ago. (2) Wireless phone service has proven valuable to millions of Americans because of its mobility, and the fact that government policies have expanded opportunities for new carriers to enter the market, offering more choices and ever lower prices for consumers. (3) In addition to the benefits of competition and mobility, subscribers also benefit from the fact that wireless phone numbers have not been publicly available. (4) Up until now, the privacy of wireless subscribers has been safeguarded and thus vastly diminished the likelihood of subscribers receiving unwanted or annoying phone call interruptions on their wireless phones. (5) Moreover, because their wireless contact information, such as their phone number, have never been publicly available in any published directory or from any directory assistance service, subscribers have come to expect that if their phone rings it's likely to be a call from someone to whom they have personally given their number. (6) The wireless industry is poised to begin implementing a directory assistance service so that callers can reach wireless subscribers, including subscribers who have not given such callers their wireless phone number. (7) While some wireless subscribers may find such directory assistance service useful, current subscribers deserve the right to choose whether they want to participate in such a directory. (8) Because wireless users are typically charged for incoming calls, consumers must be afforded the ability to maintain the maximum amount of control over how many calls they may expect to receive and, in particular, control over the disclosure of their wireless phone number. (9) Current wireless subscribers who elect to participate, or new wireless subscribers who decline to be listed, in any new wireless directory assistance service directory, including those subscribers who also elect not to receive forwarded calls from any wireless directory assistance service, should not be charged for exercising such rights. (10) The marketplace has not yet adequately explained an effective plan to protect consumer privacy rights. (11) Congress previously acted to protect the wireless location information of subscribers by enacting prohibitions on the disclosure of such sensitive in formation without the express prior authorization of the subscriber. (12) The public interest would be served by similarly enacting effective and industry-wide privacy protections for consumers with respect to wireless directory assistance service. SEC. 3. CONSUMER CONTROL OF WIRELESS PHONE NUMBERS. Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c)) is amended by adding at the end the following new paragraphs: ``(9) Wireless consumer privacy protection.-- ``(A) Current subscribers.--A provider of commercial mobile services, or any direct or indirect affiliate or agent of such a provider, may not include the wireless telephone number information of any current subscriber in any wireless directory assistance service database unless-- ``(i) the mobile service provider provides a conspicuous, separate notice to the subscriber informing the subscriber of the right not to be listed in any wireless directory assistance service; and ``(ii) the mobile service provider obtains express prior authorization for listing from such subscriber, separate from any authorization obtained to provide such subscriber with commercial mobile service, or any calling plan or service associated with such commercial mobile service, and such authorization has not been subsequently withdrawn. ``(B) New subscribers.--A provider of commercial mobile services, or any direct or indirect affiliate or agent of such a provider, may include the wireless telephone number information of any new subscriber in a wireless directory assistance service database only if the commercial mobile service provider-- ``(i) provides a conspicuous, separate notice to the subscriber, at the time of entering into an agreement to provide commercial mobile service, and at least once a year thereafter, informing the subscriber of the right not to be listed in any wireless directory assistance service database; and ``(ii) provides the subscriber with convenient mechanisms by which the subscriber may decline or refuse to participate in such database, including mechanisms at the time of entering into an agreement to provide commercial mobile service, in the billing of such service, and when receiving any connected call from a wireless directory assistance service. ``(C) Call forwarding.--A provider of commercial mobile services, or any direct or indirect affiliate or agent of such provider, may connect a calling party from a wireless directory assistance service to a commercial mobile service subscriber only if-- ``(i) such subscriber is provided prior notice of the calling party's identity and is permitted to accept or reject the incoming call on a per-call basis; ``(ii) such subscriber's wireless telephone number information is not disclosed to the calling party; and ``(iii) such subscriber is not an unlisted commercial mobile service subscriber. ``(D) Publication of directories prohibited.--A provider of commercial mobile services, or any direct or indirect affiliate or agent of such a provider, may not publish, in printed, electronic, or other form, the contents of any wireless directory assistance service database, or any portion or segment thereof. ``(E) No consumer fee for retaining privacy.--A provider of commercial mobile services may not charge any subscriber for exercising any of the rights under this paragraph. ``(F) Definitions.--For purposes of this paragraph-- ``(i) the term `current subscriber' means any subscriber to commercial mobile service as of the date when a wireless directory assistance service is implemented by a provider of commercial mobile service; ``(ii) the term `new subscriber' means any subscriber to commercial mobile service who becomes a subscriber after the date when a wireless directory assistance service is implemented by a provider of commercial mobile service, and includes any subscriber of a different provider of commercial mobile service who subsequently switches to a new provider of commercial mobile service; ``(iii) the term `wireless telephone number information' means the telephone number, electronic address, and any other identifying information by which a calling party may reach a subscriber to commercial mobile services, and which is assigned by a commercial mobile service provider to such subscriber, and includes such subscriber's name and address; ``(iv) the term `wireless directory assistance service' means any service for connecting calling parties to a subscriber of commercial mobile service when such calling parties themselves do not possess such subscriber's wireless telephone number information; and ``(v) the term `calling party's identity' means the telephone number of the calling party or the name of subscriber to such telephone, or an oral or text message which provides sufficient information to enable a commercial mobile services subscriber to determine who is calling; ``(vi) the term `unlisted commercial mobile services subscriber' means-- ``(I) a current subscriber to commercial mobile services who has not provided express prior consent to a commercial mobile service provider to be included in a wireless directory assistance service database; and ``(II) a new subscriber to commercial mobile service who has exercised the right contained in subparagraph (B)(ii) to decline or refuse to such inclusion.''.

Wireless 411 Privacy Act - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile services, or any affiliate or agent of such provider (provider), from including the wireless telephone number of any current subscriber in any wireless directory assistance service (WDAS) database unless the provider: (1) provides a conspicuous, separate notice to the subscriber of the right not be listed in any WDAS; and (2) obtains express prior listing authorization from such subscriber, and that authorization has not been withdrawn. Allows a provider to include the wireless telephone information of any new subscriber in a WDAS only if the provider provides: (1) a conspicuous, separate notice to the subscriber, at the time of entering into a service agreement and at least once a year thereafter, of the right not to be listed in any WDAS; and (2) the subscriber with convenient mechanisms to decline or refuse to participate in any WDAS. Allows a provider to connect a calling party from a WDAS to a commercial mobile service subscriber only if: (1) the subscriber is provided prior notice of the calling party's identity and is permitted to accept or reject each call; (2) the subscriber's wireless telephone number information is not disclosed to the calling party; and (3) the subscriber is not an unlisted commercial mobile service subscriber. Prohibits a provider from charging a subscriber for the exercise of any rights under this Act.

To amend the Communications Act of 1934 to protect the privacy rights of subscribers to wireless communications services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antidumping Compensation Act of 1994''. SEC. 2. COMPENSATION AWARDS. Subtitle C of title VII of the Tariff Act of 1930 is amended by inserting after section 736 the following new section: ``SEC. 736A. COMPENSATION AWARDS. ``(a) Definitions.--For the purposes of this section-- ``(1) the term `affected domestic producer' means any manufacturer, producer, or worker representative that was a petitioner or interested party in support of the petition with respect to which an affirmative injury determination was made in connection with an antidumping duty finding or order or countervailing duty order; ``(2) the term `antidumping duty finding or order' means an antidumping finding published under the Antidumping Act, 1921, or an antidumping duty order published under section 736; ``(3) the term `Commissioner' means the Commissioner of the United States Customs Service; ``(4) the term `countervailing duty order' means a countervailing duty order published under section 303 or 706; and ``(5) the term `Secretary' means the Secretary of the Treasury. ``(b) Compensation Procedures.--The Commissioner shall prescribe procedures governing when in each year compensation will be provided under this section, except that such compensation shall be distributed, not later than 30 days after the release of the Annual Report on the Status of the Antidumping/Countervailing Duty Program. ``(c) Parties Eligible for Compensation.-- ``(1) Information on petitioners and other supporters of petition.--(A) The Commission shall forward to the Commissioner, with respect to each antidumping duty finding or order, or a countervailing duty order-- ``(i) a list of petitioners and those persons that indicated support of the petition by letter or through responses to questionnaires transmitted to such persons under this title, and ``(ii) a confidential tabulation of the dollar value of sales of the domestic like product corresponding to the merchandise that is the subject of the order of finding, for each petitioner or person described in clause (i), during the last 12-month period covered by the investigation by the Commission that resulted in the order or finding. The confidentiality of the data submitted by the Commission to the Commissioner shall be maintained. In the case of a countervailing duty order for which no determination of injury was required, the Commissioner shall obtain the information described in clause (ii) from the named petitioners for the most recent calendar year. ``(B)(i) Subject to clause (ii), the Commission shall forward the information required by subparagraph (A) to the Commissioner-- ``(I) within 60 days after the effective date of this section in the case of an antidumping duty finding or order or a countervailing duty order in effect on such effective date, and ``(II) within 60 days after the issuance of an antidumping duty finding or order or a countervailing duty order issued on or after such effective date. ``(ii) In the case of a countervailing duty order for which no determination of injury was required, subclause (I) and (II) of clause (i) shall apply by substituting `180' for `60'. ``(2) Publication of notice of intent to distribute compensation.--The Commissioner shall publish in the Federal Register, at least 30 days before payments are made under the section, a notice of intention to distribute compensation, and the list of persons eligible for such compensation based on the list obtained from the Commission under paragraph (1), and shall request from each prospective recipient a certification that the person desires to receive compensation and the person continues to manufacture the domestic like product involved. ``(3) Distribution.--The Commissioner shall distribute all funds (including all interest earned) from assessments in the completed fiscal year, from the appropriate special compensation account established under subsection (e), to the persons making the certifications under paragraph (2), in amounts proportionate to the percentage of sales of all such persons that is attributable to such person on the basis of the information supplied by the Commission under paragraph (1). ``(d) Deduction of Historically Budgeted Amount Prior to Distribution.--Prior to the distribution of amounts from the special compensation accounts established under subsection (e) in a fiscal year, the Commissioner shall deduct from the total duties assessed for that fiscal year for all outstanding antidumping findings or orders and all outstanding countervailing duty orders an amount equal to the average of the sums budgeted in the United States budget for fiscal years 1988 through 1995 for revenues of the Customs Service. Each special compensation account shall be reduced on a percentage basis, before amounts in the account are distributed, to reflect the percentage of total duty assessments that is deducted under the preceding sentence. ``(e) Special Compensation Accounts.-- ``(1) Establishment.--Within 14 days after the effective date of this section in the case for antidumping duty findings and orders or countervailing duty orders issued before such effective date, and within 14 days after the date on which an antidumping duty order or a countervailing duty order takes effect in every other case, the Commissioner shall establish in the Treasury of the United States a special compensation account with respect to the order or finding. ``(2) Deposits into accounts.--The Commissioner shall deposit into a special compensation account all antidumping or countervailing duties, including interest on such duties, that are collected under the antidumping order or finding or countervailing duty order with respect to which the account was established. ``(3) Availability.--The amounts in a special compensation account shall be available for payment of compensation awards under section (c), after deduction of the amounts under subsection (d). ``(4) Time and manner of payments.--The Commissioner shall by regulation prescribe the time and manner in which payment of compensation awards from special compensation accounts will be made. ``(5) Termination.--Each special compensation account shall remain in existence, and compensation awards from such account shall be paid, until the order or finding for which the account was established terminates, and all duties relating to that order or finding are assessed and entries liquidated and all funds in the account are distributed to the persons eligible for such compensation awards. Any amounts unable to be distributed within 90 days after the time of the final distribution of amounts in the account shall be deposited in the general Treasury.''.

Antidumping Compensation Act of 1994 - Amends the Tariff Act of 1930 to direct the International Trade Commission (ITC), with respect to the award of compensation under an antidumping duty finding or order, or countervailing duty order, to forward to the Commissioner of the United States Customs Service a list of petitioners and persons supporting the petition with respect to the dollar value of sales of the domestic like product corresponding to the merchandise that is subject to such order or finding during the last year covered by the original ITC investigation. Requires the Commissioner to establish a special compensation account composed of all antidumping or countervailing duties, including interest, that are collected under an antidumping or countervailing duty order or finding.

Antidumping Compensation Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Aircraft Trade Enforcement Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) Airbus Industrie is a multinational consortium of 4 aircraft manufacturers organized to develop, produce, and sell large civil aircraft. (2) Airbus Industrie's shareholders are Aerospatiale of France, British Aerospace of the United Kingdom, Deutsche Aerospace of the Federal Republic of Germany, and Construcciones Aeronauticas S.A. of Spain. (3) The governments of the countries of the Airbus Industrie member companies have signed agreements guaranteeing political and financial support for Airbus Industrie's aircraft programs. (4) The United States Department of Commerce has commissioned an analysis of the various Airbus Industrie aircraft programs in order to advise the United States Government regarding the economic performance of Airbus Industrie programs, to document the past levels of government support provided to the Airbus Industrie member companies by their respective governments, to assess the financial viability of Airbus Industrie aircraft programs to determine whether such programs could have been undertaken by a commercial entity, and to examine the effects of Airbus Industrie on the United States aircraft, aircraft engine, and avionics manufacturing industries. (5) The Department of Commerce analysis concluded that-- (A) the governments of France, the Federal Republic of Germany, and the United Kingdom provided $8,200,000,000 to support Airbus Industrie member companies through 1989, (B) another $2,300,000,000 in government support had been pledged as of 1989 for the Airbus A330/A340 program, (C) the government of the Federal Republic of Germany committed $3,000,000,000 to Deutsche Aerospace as part of the merger between Daimler-Benz and MBB, the parent company of Deutsche Aerospace, (D) the total government funds committed to Airbus Industrie would be valued at $25,900,000,000, if Airbus Industrie were required to pay commercial rates for the government support it received through 1989, (E) the governments of the countries of the Airbus Industrie member companies have provided almost 75 percent of the development funds for the various Airbus Industrie aircraft, (F) the financial analysis of Airbus Industrie indicates that there is little likelihood that this government support will be repaid in full, (G) Airbus Industrie programs, taken individually or as a group, have not been and will not become commercially viable in the foreseeable future; all programs have a negative net present value when the cash flows are discounted at the average commercial borrowing rate in Europe, (H) if Airbus Industrie continues to sell its aircraft at subsidized prices, United States aircraft manufactures will lose market share even while being pressured to lower their own prices, (I) as a consequence, both current and expected profits for United States aircraft manufacturers will decline due to continued government support for Airbus Industrie programs, (J) reduced profits on current United States aircraft programs have significant impacts because United States aircraft manufacturers have traditionally relied heavily upon internally generated funds to make the necessary multibillion dollar investments in new aircraft programs, and (K) lower than expected profits on existing United States aircraft programs may discourage the introduction of new, advanced-technology United States aircraft at the same time that Airbus Industrie is introducing advanced technology models. (6) Airbus Industrie's worldwide market share of jet aircraft orders has increased from 7 percent in 1980 to 28 percent in 1992, while the worldwide market share for United States aircraft manufacturers has declined from 88 percent in 1980 to 63 percent in 1992. (7) Airbus Industrie's market share of United States jet aircraft orders has increased from zero percent in 1980 to 44 percent in 1992, while the United States market share for United States aircraft has declined from 100 percent in 1980 to 56 percent in 1992. (8) United States imports of Airbus Industrie large civil aircraft have increased from $133,000,000 in 1981 to $844,000,000 in the first 3 quarters (January-September) of 1992. (9) Employment in the United States civil aircraft manufacturing industry has declined from approximately 326,000 positions in 1989, to an estimated 266,000 positions in 1993. (b) Purpose.--The purpose of this Act is to initiate a countervailing duty investigation with respect to large civil aircraft produced by Airbus Industrie. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (2) Commission.--The term ``Commission'' means the United States International Trade Commission. (3) Large civil aircraft.--The term ``large civil aircraft'' means aircraft, other than military aircraft, described in subheading 8802.40.00 of the Harmonized Tariff Schedule of the United States. (4) Administering authority.--The term ``administering authority'' has the meaning given such term by section 771(1) of the Tariff Act of 1930 (19 U.S.C. 1677(1)). (5) Interested party.--The term ``interested party'' has the meaning given such term by section 771(9) of the Tariff Act of 1930 (19 U.S.C. 1677(9)). SEC. 4. INITIATION OF COUNTERVAILING DUTY INVESTIGATION. (a) Collection of Information.--Not later than 5 days after the date of the enactment of this Act, the Secretary shall begin collecting information regarding-- (1) subsidies provided by France, the Federal Republic of Germany, and the United Kingdom to Airbus Industrie member companies with respect to the manufacture, production, and exportation of large civil aircraft imported or sold for importation into the United States, and (2) whether the United States large civil aircraft manufacturing industry is materially injured, or is threatened with material injury, by reason of imports of Airbus Industrie large civil aircraft, or by reason of sales (or the likelihood of sales) of Airbus Industrie large civil aircraft for importation. (b) Initiation of Investigation.--Not later than 45 days after the date of the enactment of this Act, the administering authority shall initiate a countervailing duty investigation pursuant to section 702(a) of the Tariff Act of 1930 (19 U.S.C. 1671a(a)) with respect to imports and sales for import of civil aircraft manufactured by Airbus Industrie. (c) Application of Title VII of the Tariff Act of 1930.--Except as otherwise provided in this Act, the provisions of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) shall apply to the countervailing duty investigation initiated under this section with respect to Airbus Industrie. (d) Termination or Suspension of Investigation.-- (1) Termination.--Subsections (a) and (k) of section 704 of the Tariff Act of 1930 (19 U.S.C. 1671c) shall not apply to the investigation initiated pursuant to subsection (b) of this section. (2) Suspension.--The investigation initiated pursuant to subsection (b) of this section may be suspended pursuant to subsection (b) or (c) of section 704 of such Act, if the requirements of paragraph (3) are satisfied. (3) Suspension of investigation procedure.--The requirements of this paragraph are satisfied, if, not less than 30 days before suspending the investigation, the administering authority-- (A) notifies the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Commission, and other parties to the investigation, of the administering authority's intention to suspend the investigation, (B) consults with such committees regarding such suspension, (C) provides a copy of the proposed agreement to such committees, together with an explanation of-- (i) how the agreement will be carried out and enforced, (ii) how the agreement meets the requirements of either subsections (b) and (d) of section 704 of the Tariff Act of 1930, or subsections (c) and (d) of such section 704, and (iii) any action required of the foreign governments, and (D) permits all interested parties to submit comments and information for the record before the date on which notice of suspension of the investigation is published.

Civil Aircraft Trade Enforcement Act of 1993 - Directs the Secretary of Commerce (Secretary) to collect information on: (1) subsidies provided by France, Germany, and the United Kingdom to Airbus Industrie member companies with respect to the manufacture and exportation of large civil aircraft to the United States; and (2) whether the U.S. large civil aircraft manufacturing industry is materially injured, or threatened with material injury, by reason of such imports. Requires the administering authority to initiate a countervailing duty investigation under the Tariff Act of 1930 with respect to such imports.

Civil Aircraft Trade Enforcement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Nutrition Improvement Act of 2003''. SEC. 2. CONSUMPTION OF MILK IN SCHOOLS. (a) Fluid Milk.-- (1) In general.--Section 9(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)) is amended by striking paragraph (2) and inserting the following: ``(2) Fluid milk.-- ``(A) In general.--Lunches served by schools participating in the school lunch program under this Act-- ``(i) shall offer students fluid milk; and ``(ii) shall offer students a variety of flavored and unflavored milk, as determined by the school. ``(B) Fluid milk products.--A school or institution that participates in the school lunch program under this Act-- ``(i) may offer a la carte fluid milk products to be sold in addition to and, at the option of the school, adjacent to fluid milk offered as part of a reimbursable meal; and ``(ii) shall not directly or indirectly restrict the sale or marketing of fluid milk products by the school (or by a person approved by the school) at any time or any place-- ``(I) on the school premises; or ``(II) at any school-sponsored event.''. (2) Application.--The amendment made by paragraph (1) applies to an agreement or contract entered into on or after the date of enactment of this Act. (b) Increased Consumption of Milk in Schools.--Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by adding at the end the following: ``(q) Increased Consumption of Milk in Schools.-- ``(1) In general.--To encourage healthier nutritional environments in schools and institutions receiving funds under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than section 17 of that Act (42 U.S.C. 1786)), the Secretary shall establish a program under which any such school or institution may (in accordance with paragraph (3)) receive an increase in the reimbursement rate for free and reduced price meals otherwise payable under this Act and the Child Nutrition Act of 1966, if the school or institution implements a plan for improving the nutritional value of meals consumed in the school or institution by increasing the consumption of fluid milk in the school, as approved by the Secretary in accordance with criteria established by the Secretary. ``(2) Plans.-- ``(A) In general.--For purposes of the program established under paragraph (1), the Secretary shall establish criteria for the approval of plans of schools and institutions for increasing consumption of fluid milk. ``(B) Criteria.--An approved plan may-- ``(i) establish targeted goals for increasing fluid milk consumption throughout the school or institution or at school or institution activities; ``(ii) improve the accessibility, presentation, positioning, or promotion of fluid milk throughout the school or institution or at school or institution activities; ``(iii) improve the ability of a school or institution to tailor the plan to the customs and demographic characteristics of-- ``(I) the population of the school or institution; and ``(II) the area in which the school or institution is located; and ``(iv) provide-- ``(I) packaging, flavor variety, merchandising, refrigeration, and handling requirements that promote the consumption of fluid milk; and ``(II) increased standard serving sizes for fluid milk consumed in middle and high schools. ``(C) Administration.--In establishing criteria for plans under this subsection, the Secretary shall-- ``(i) take into account relevant research; and ``(ii) consult with school food service professionals, nutrition professionals, food processors, agricultural producers, and other groups, as appropriate. ``(3) Reimbursement rates and incentives.-- ``(A) In general.--For purposes of administering the program established under paragraph (1), the Secretary shall annually provide reimbursement rates and incentives for free and reduced price meals otherwise payable under this Act and the Child Nutrition Act of 1966 of not less than 2 cents and not more than 10 cents per meal, to reflect the additional costs incurred by schools and institutions in increasing the consumption of fluid milk under the program. ``(B) Criteria.--The Secretary may vary the increase in reimbursement rates and incentives for free and reduced price meals based on the degree to which the school or institution adopts the criteria established by the Secretary under paragraph (2).''. SEC. 3. IMPROVED NUTRITION AND PHYSICAL ACTIVITY LEVEL OF CHILDREN. Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) (as amended by section 2(b)) is amended by adding at the end the following: ``(r) Improved Nutrition and Physical Activity Level of Children.-- ``(1) Definition of healthy school environment program.--In this subsection, the term `healthy school environment program' means a program that-- ``(A) is designed to improve the environment of a school with respect to the nutrition and physical activity level of children enrolled in the school; and ``(B) includes steps to improve and make available healthy food choices (including fruits, vegetables, and dairy products). ``(2) Program.--The Secretary shall carry out a program to provide grants to schools that implement healthy school environment programs. ``(3) Administration.--In carrying out the program, the Secretary may enter into cooperative agreements with-- ``(A) nonprofit organizations; ``(B) educational and scientific institutions; ``(C) Federal, State, and local agencies; and ``(D) other entities that contribute funds or in- kind services for the program. ``(4) Acceptance of funds.--Notwithstanding any other provision of law, the Secretary may accept funds from an entity referred to in paragraph (3) solely for use in carrying out the program under this subsection.''.

Child Nutrition Improvement Act of 2003 - Amends the Richard B. Russell National School Lunch Act (NSLA) to revise school lunch program requirements relating to fluid milk. Requires school lunches to offer students a variety of flavored and unflavored milk, as determined by the school. Allows schools or institutions participating in the program to offer a la carte fluid milk products to be sold in addition to and, at the school's option, adjacent to fluid milk offered as part of a reimbursable meal. Prohibits program participants from directly or indirectly restricting the sale or marketing of fluid milk products by the school or by a person approved by the school at any time or any place on the school premises or at any school-sponsored event. Establishes a program of increased reimbursement rates for school lunches under NSLA and for school breakfasts under the Child Nutrition Act of 1966 (CNA), to be provided as an incentive to schools and institutions that increase consumption of fluid milk by children in their meals there. Establishes a program of grants to schools that implement healthy school environment programs with respect to the nutrition, including availability of healthy food choices, and the physical activity of the children there.

To amend the Richard B. Russell National School Lunch Act to establish programs to promote increased consumption of milk in schools and to improve the nutrition and health of children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Recycling Equity Act of 1994''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to promote the reuse and recycling of scrap material in furtherance of the goals of waste minimization and natural resource conservation while protecting human health and the environment; (2) to level the playing field between the use of virgin materials and recycled materials; and (3) to remove the disincentives and impediments to recycling because of potential Superfund liability. SEC. 3. CLARIFICATION OF LIABILITY UNDER CERCLA FOR RECYCLING TRANSACTIONS. Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 is amended by adding at the end the following new section: ``SEC. 127. RECYCLING TRANSACTIONS. ``(a) Liability Clarification.--As provided in subsections (b), (c), and (d), a person who arranged for the recycling of recyclable material shall not be liable under section 107(a)(3) or 107(a)(4). ``(b) Recyclable Material Defined.--For purposes of this section, the term `recyclable material' means scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber (other than whole tires), scrap metal, or scrap lead-acid and nickel-cadmium batteries, as well as minor amounts of material incident to or adhering to the scrap material as a result of its normal and customary use prior to becoming scrap. ``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles, or Rubber.--Transactions involving scrap paper, scrap plastic, scrap glass, scrap textiles, or scrap rubber (other than whole tires) shall be deemed to be arranging for recycling if the person who arranged for the transaction (by selling recyclable material or otherwise arranging for the recycling of recyclable material) can demonstrate by a preponderance of the evidence that all of the following criteria were met at the time of the transaction: ``(1) The recyclable material met a commercial specification grade. ``(2) A market existed for the recyclable material. ``(3) A substantial portion of the recyclable material was made available for use as a feedstock for the manufacture of a new saleable product. ``(4) The recyclable material could have been a replacement or substitute for a virgin raw material, or the product made from the recyclable material could have been a replacement or substitute for a product made, in whole or in part, from a virgin raw material. ``(5) For transactions occurring 90 days or more after the date of enactment of this section, the person exercised reasonable care to determine that the facility where the recyclable material would be handled, processed, reclaimed, or otherwise managed by another person (hereinafter in this section referred to as a `consuming facility') was in compliance with substantive (not procedural or administrative) provisions of any Federal, State, or local environmental law or regulation, or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with the recyclable material. For purposes of this subsection, `reasonable care' shall be determined using criteria that includes (but is not limited to) (A) the price paid in the recycling transaction; (B) the ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation, or other management activities associated with the recyclable material; and (C) the result of inquiries made to the appropriate Federal, State, or local environmental agency (or agencies) regarding the consuming facility's past and current compliance with substantive (not procedural or administrative) provisions of any Federal, State, or local environmental law or regulation, or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, storage, or other management activities associated with the recyclable material. For the purposes of this paragraph, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activity associated with the recyclable materials shall be deemed to be a substantive provision. ``(d) Transactions Involving Scrap Metal.-- ``(1) Transactions involving scrap metal shall be deemed to be arranging for recycling if the person who arranged for the transaction (by selling recyclable material or otherwise arranging for the recycling of recyclable material) can demonstrate by a preponderance of the evidence that at the time of the transaction-- ``(A) the person met the criteria set forth in subsection (c) with respect to the scrap metal; ``(B) the person was in compliance with any applicable regulations or standards regarding the storage, transport, management, or other activities associated with the recycling of scrap metal that the Administrator promulgates under the Solid Waste Disposal Act subsequent to the enactment of this section and with regard to transactions occurring after the effective date of such regulations or standards; and ``(C) the person did not melt the scrap metal prior to the transaction. ``(2) For purposes of paragraph (1)(C), melting of scrap metal does not include the thermal separation of 2 or more materials due to differences in their melting points (referred to as `sweating'). ``(3) For the purposes of this subsection, the term `scrap metal' means bits and pieces of metal parts (e.g. bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g. radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled, except for scrap metals that the Administrator excludes from this definition by regulation. ``(e) Transactions Involving Batteries.--Transactions involving spent lead-acid batteries or nickel-cadmium batteries shall be deemed to be arranging for recycling if the person who arranged for the transaction (by selling recyclable material or otherwise arranging for the recycling of recyclable material) can demonstrate by a preponderance of the evidence that at the time of the transaction-- ``(1) the person met the criteria set forth in subsection (c) with respect to the spent lead-acid batteries or nickel- cadmium batteries but did not recover the valuable components of such batteries; and ``(2) either-- ``(A) with respect to transactions involving nickel-cadmium batteries, the Administrator has promulgated regulations or standards regarding the storage, transport, management, or other activities associated with the recycling of spent nickel-cadmium batteries, and the person was in compliance with applicable regulations or standards or any amendments thereto; or ``(B) with respect to transactions involving lead- acid batteries, the person was in compliance with applicable regulations or standards, and any amendments thereto, regarding the storage, transport, management, or other activities associated with the recycling of spent lead-acid batteries. ``(f) Exclusions.--(1) The exemptions set forth in subsections (c), (d), and (e) shall not apply if-- ``(A) the person had an objectively reasonable basis to believe at the time of the recycling transaction-- ``(i) that the recyclable material would not be recycled, ``(ii) that the recyclable material would be burned as fuel, or for energy recovery or incineration, or ``(iii) for transactions occurring during the 90- day period beginning on the date of the enactment of this section, that the consuming facility was not in compliance with a substantive (not a procedural or administrative) provision of any Federal, State, or local environmental law or regulation, or compliance order or decree issued pursuant thereto, applicable to the handling, processing, reclamation, or other management activities associated with the recyclable material; ``(B) the person added hazardous substances into the recyclable material for purposes other than processing or recycling; or ``(C) the person failed to exercise reasonable care with respect to the management and handling of the recyclable material. ``(2) For purposes of this subsection, an objectively reasonable basis for belief shall be determined using criteria that includes (but is not limited to) the size of the person's business, customary industry practices, the price paid in the recycling transaction, and the ability of the person to detect the nature of the consuming facility's operations concerning its handling, processing, reclamation or other management activities associated with the recyclable material. ``(3) For purposes of this subsection, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activities associated with recyclable material shall be deemed to be a substantive provision. ``(g) Effect on Other Liability.--Nothing in this section shall be deemed to affect the liability of a person under paragraph (1) or (2) of section 107(a). ``(h) PCBs.--An exemption under this section does not apply if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new standard promulgated pursuant to applicable Federal laws. ``(i) Regulations.--The Administrator has the authority, under section 115, to promulgate additional regulations concerning this section. ``(j) Effect on Pending or Concluded Actions.--The exemptions provided in this section shall not affect any concluded judicial or administrative action or any pending judicial action initiated by the United States prior to enactment of this section. ``(k) Liability for Attorney's Fees for Certain Actions.--Any person who commences an action in contribution against a person who is not liable by operation of this section shall be liable to that person for all reasonable costs of defending that action, including all reasonable attorney's and expert witness fees. ``(l) Relationship to Liability Under Other Laws.--Nothing in this section shall affect-- ``(1) liability under any other Federal, State, or local statute or regulation promulgated pursuant to any such statute, including any requirements promulgated by the Administrator under the Solid Waste Disposal Act; or ``(2) the ability of the Administrator to promulgate regulations under any other statute, including the Solid Waste Disposal Act.''.

Superfund Recycling Equity Act of 1994 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he/she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid or nickel-cadmium batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he/she complied with applicable standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing or recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.

Superfund Recycling Equity Act of 1994

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rural Economic Vitalization Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Rural vitalization program. Sec. 5. Effect of waiver of grazing permit or lease. SEC. 2. FINDINGS. Congress finds the following: (1) The use of Federal lands by grazing permittees and lessees for commercial livestock grazing is increasingly difficult due to growing conflicts with other legitimate multiple uses of the lands, such as environmental protection and burgeoning recreational use, and with congressionally mandated goals of wildlife and habitat protection and improved water quality and quantity. (2) A combination of sustained drought, foreign competition, changing domestic markets, industry restructuring, and individual ranch finances has resulted in Federal grazing permits and leases becoming stranded investments for many permittees and lessees. (3) Attempts to resolve grazing conflicts with other multiple uses often require extensive range developments, intensive herd management, and continuous monitoring that greatly increases costs to both permittees and lessees and taxpayers, far out of proportion to the benefit received. (4) Certain grazing allotments on Federal lands have, or are likely to become, unsuitable for commercial livestock production as a result of the combined effect of the factors referred to in paragraphs (1) through (3) and other factors. (5) The cost of the Federal grazing program greatly exceeds revenues to the Federal treasury from grazing receipts. (6) Many permittees and lessees have indicated their willingness to end their commercial livestock grazing on Federal lands in exchange for compensation to reasonably compensate them for the effort and investment that they have made in a grazing allotment. (7) Compensating permittees and lessees who relinquish their grazing permit or lease would help recapitalize an ailing sector of rural America by providing economic options to permittees and lessees that do not presently exist by allowing them to restructure their ranch operations, start new businesses, or retire with security. (8) Paying reasonable compensation for the relinquishment of a grazing permit or lease will help alleviate the need for permittees and lessees to sell or subdivide their private lands. SEC. 3. DEFINITIONS. In this Act: (1) Commercial livestock grazing.--The term ``commercial livestock grazing'' means the grazing of domestic livestock on Federal lands as authorized by a grazing permit or lease. The term does not include beasts of burden used for recreational purposes. (2) Grazing allotment.--The term ``grazing allotment'' means the designated portion of Federal land upon which domestic livestock are permitted to graze by a grazing permit or lease. (3) Grazing permit; lease.--The terms ``grazing permit or lease'' and ``grazing permit and lease'' mean any document authorizing the use of Federal lands for the purpose of commercial livestock grazing. (4) Permittee; lessee.--The terms ``permittee or lessee'' and ``permittee and lessee'' mean a livestock operator that holds a valid existing grazing permit or lease. (5) Range developments.--The term ``range developments'' means structures, fences, and other permanent fixtures placed on Federal lands for the furtherance of the purpose of grazing domestic livestock. The term does not include rolling stock, livestock and diversions of water from Federal lands onto non- Federal lands. (6) Secretaries.--The term ``Secretaries'' refers to the Secretary of Agriculture and the Secretary of the Interior. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture or the Secretary of the Interior, as appropriate to the administration of a grazing permit or lease. SEC. 4. RURAL VITALIZATION PROGRAM. (a) Waiver of Grazing Permit or Lease.-- (1) Acceptance by secretary.--Subject to the limitation set forth in subsection (c), the Secretary shall accept any grazing permit or lease that is waived by a grazing permittee or lessee. (2) Termination.--The Secretary shall terminate any grazing permit or lease acquired under paragraph (1). (3) No new grazing permit or lease.--With respect to each grazing lease or grazing permit waived under paragraph (1), the Secretary shall-- (A) not issue any new grazing permit or lease within the grazing allotment covered by the grazing permit or lease; and (B) ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing permit or lease. (b) Waiver of Grazing Permit or Lease on Common Allotments.-- (1) In general.--If a grazing allotment covered by a grazing permit or lease that is waived under subsection (a) is also covered by another grazing permit or lease that is not waived, the Secretary shall reduce the level of commercial livestock grazing on the grazing allotment to reflect the waiver. (2) Authorized level.--To ensure that there is a permanent reduction in the level of livestock grazing on the land covered by the grazing permit or lease waived under subsection (a), the Secretary shall not allow grazing to exceed the level established under paragraph (1). (c) Limitation.--The Secretaries shall accept not more than 100 grazing permits and leases, in the aggregate, per year under this section on a first come, first served basis. SEC. 5. EFFECT OF WAIVER OF GRAZING PERMIT OR LEASE. (a) Effect on Range Developments.--A permittee or lessee who waives a grazing permit or lease to the Secretary under section 4 shall be deemed to have waived any claim to all range developments on the associated grazing allotment, notwithstanding any other provision of law. (b) Securing Retired Allotments Against Unauthorized Use.--The Secretary shall ensure that grazing allotments retired from grazing under this Act are rendered reasonably secure from trespass grazing by domestic livestock. (c) Relation to Other Authority.--Nothing in this Act shall be construed to affect the Secretary's authority to modify or terminate grazing permits or leases in accordance with other law. (d) Relation to Valid Existing Rights.--Nothing in this Act affects the allocation, ownership, interest, or control, in existence on the date of the enactment of this Act, of any water, water right, or any other valid existing right held by the United States, Indian tribe, State, county, municipality or private individual, partnership or corporation.

Rural Economic Vitalization Act This bill authorizes the voluntary waiver of permits or leases for grazing on federal lands managed by the Department of Agriculture or the Department of the Interior. If a permit or lease is waived by a permittee or lessee, the appropriate department must: accept and terminate the permit or lease, refrain from issuing any new grazing permit or lease within the grazing allotment covered by the permit or lease, and ensure a permanent end to livestock grazing on the allotment covered by the permit or lease. If an allotment covered by a waiver is also covered by another permit or lease that is not waived, the department must reduce the level of commercial livestock grazing on the allotment to reflect the waiver. The departments must not accept more than 100 grazing permits and leases per year, in the aggregate, under this authority.

Rural Economic Vitalization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Museum of Industrial History Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the economic and societal transition of the United States from an agricultural age to an industrial age, and the ongoing transformation of the United States to a postindustrial society, reflect and embody the fundamental spirit and ideals of the United States; (2) it is crucial that people in the United States have the opportunity to learn-- (A) the history of the industrialization of the United States; and (B) the impact of industrialization on their way of life; (3) it is important to preserve the history of industrialization of the United States for future generations; (4) to ensure the protection, interpretation, and awareness of the history of the industrialization of the United Sates, key structures and artifacts relating to the process of industrialization must be preserved and exhibited in an educational museum; (5) the site of the former Bethlehem Steel Plant, which is the proposed site of the National Museum of Industrial History, has a particular relevance to the preservation and awareness of the history of industrialization; (6) on that site-- (A) the Bethlehem Steel Plant began operation in the 1850s; (B) in 1853, the first commercial zinc production began; (C) Frederick W. Taylor conducted time and motion studies that became the basis for his principles of modern scientific management; (D) on June 1, 1887, the modern American defense industry was born when the Navy awarded the first armor plate contract to the Bethlehem Iron Company; (E) the steel plant produced armor plate for-- (i) the battleships U.S.S. Maine and U.S.S. Texas; and (ii) other battleships, including the U.S.S. Wisconsin; (F) high-speed tool steel was perfected; and (G) in 1908, the 48 Grey Mill became the first rolling mill in the United States to produce large wide-flange steel beams; and (7) the site contains the oldest significant remains of bessemer steel production in the United States. (b) Purpose.--The purpose of this Act is to assist in the establishment of an interpretive center and museum in Bethlehem, Pennsylvania-- (1) to ensure the protection of historical resources relating to industrialization; and (2) to interpret the impact of industrialization on the history of the United States. SEC. 3. INDUSTRIAL HISTORY INTERPRETIVE CENTER AND MUSEUM. (a) Definitions.--In this section: (1) Center.--The term ``Center'' means the interpretive center and museum to be located on the western end and central core of the former Bethlehem Steel Plant Site in Bethlehem, Pennsylvania. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Assistance.--Not later than 180 days after the date on which funds are first made available to carry out this section, subject to the availability of appropriations, the Secretary shall offer to enter into an agreement with an appropriate entity under which the Secretary shall provide financial assistance to the entity for the development and operation of the Center. (c) Purposes of Center.--The purposes of the Center shall be-- (1) to preserve, display, and interpret historical resources relating to industrialization in the United States; and (2) to promote other historical and cultural resources in the region of the Center through activities conducted at the Center. (d) Terms of Assistance.-- (1) Limitations.-- (A) Covered expenses.--Financial assistance provided under this section may be used at the Center only for-- (i) facilities construction; (ii) acquisition of contemporary technology to be used primarily to enhance the presentation of historical information at the Center; and (iii) program development and implementation, including-- (I) educational program development and implementation; (II) curriculum design and development; (III) other activities directly relating to providing programs at the Center; and (IV) salaries of staff carrying out any activity described in subclause (I), (II), or (III). (B) Prohibited expenses.--Financial assistance provided under this section shall not be used for-- (i) the acquisition of any item for the museum collection of the Center; (ii) administrative expenses; (iii) the acquisition of technology primarily used for administrative purposes; or (iv) staff salaries for administrative activities, except as provided in subparagraph (A)(iii)(IV). (2) Matching requirement.--The Secretary shall require each party to an agreement under subsection (b) to provide funds from non-Federal sources for the purposes described in subsection (c) in an amount at least equal to the amount provided by the Secretary for those purposes under this section. (3) Maximum amount; payment schedule.-- (A) Maximum amount.--The total amount of assistance provided by the Secretary under this section shall not exceed $25,000,000. (B) Payment schedule.-- (i) In general.--The Secretary shall make payments of financial assistance under this section on an annual basis. (ii) Initial payment.--The initial payment under this section shall be made not later than 30 days after the date on which an agreement is entered into under subsection (b) by the Secretary and an appropriate entity. (iii) Number of payments.--The Secretary shall make not less than 5 annual payments under this section. (e) Report.-- (1) In general.--For each calendar year during the 5-year period beginning on the date on which funds are first made available to carry out this section, the Secretary shall submit to Congress an annual report describing the implementation by the Secretary of this section. (2) Contents.--Each report under paragraph (1) shall include a description of-- (A) the current status of the development of the Center; (B) each project and activity funded under this section during the preceding calendar year; and (C) the unexpended balance, if any, of amounts made available to carry out this section. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $25,000,000 to carry out this section, to remain available until expended.

National Museum of Industrial History Act - Directs the Secretary of the Interior to offer to enter into an agreement with an appropriate entity under which to provide federal assistance for the development and operation of an interpretive center and museum on the former Bethlehem Steel Plant Site in Bethlehem, Pennsylvania, to preserve, display, and interpret historical resources relating to industrialization in the United States and to promote other historical and cultural resources in the region through activities conducted at the interpretive center and museum. Sets forth covered and prohibited uses of such financial assistance, including prohibiting the use of assistance for the acquisition of any item for the museum's collection. Provides for a non-federal match from each party to an agreement. Requires the Secretary to submit annual reports to Congress that describe: (1) the current status of the development of the interpretive center and museum; (2) each project and activity funded; and (3) the unexpended balance, if any, of amounts made available to carry out this Act.

A bill to assist in the establishment of an interpretive center and museum in Bethlehem, Pennsylvania, to protect and interpret the history of the industrialization of the United States.

SECTION 1. NATIONAL RUSSIAN THREAT RESPONSE CENTER. (a) Establishment.--The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by inserting after section 119B the following new section: ``SEC. 119C. NATIONAL RUSSIAN THREAT RESPONSE CENTER. ``(a) Establishment.--There is within the Office of the Director of National Intelligence a National Russian Threat Response Center (in this section referred to as the `Center'). ``(b) Mission.--The primary missions of the Center shall be as follows: ``(1) To serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to threats posed by the Russian Federation to the national security, political sovereignty, and economic activity of the United States and its allies. ``(2) To synchronize the efforts of the intelligence community with respect to countering efforts by Russia to undermine the national security, political sovereignty, and economic activity of the United States and its allies, including by-- ``(A) ensuring that each such element is aware of and coordinating on such efforts; and ``(B) overseeing the development and implementation of comprehensive and integrated policy responses to such efforts. ``(3) In coordination with the relevant elements of the Department of State, the Department of Defense, the intelligence community, and other departments and agencies of the United States-- ``(A) to develop policy recommendations for the President to detect, deter, and respond to the threats posed by Russia described in paragraph (1), including with respect to covert activities pursuant to section 503; and ``(B) to monitor and assess efforts by Russia to carry out such threats. ``(4) In coordination with the head of the Global Engagement Center established by section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114- 328), to examine current and emerging efforts by Russia to use propaganda and information operations relating to the threats posed by Russia described in paragraph (1). ``(5) To identify and close gaps across the departments and agencies of the Federal Government with respect to expertise, readiness, and planning to address the threats posed by Russia described in paragraph (1). ``(c) Director.-- ``(1) Appointment.--There is a Director of the Center, who shall be the head of the Center, and who shall be appointed by the Director of National Intelligence, with the concurrence of the Secretary of State. The Director may not simultaneously serve in any other capacity in the executive branch. ``(2) Reporting.--The Director of the Center shall directly report to the Director of National Intelligence. ``(3) Responsibilities.--The Director of the Center shall-- ``(A) ensure that the relevant departments and agencies of the Federal Government participate in the mission of the Center, including by recruiting detailees from such departments and agencies in accordance with subsection (e)(1); and ``(B) have primary responsibility within the United States Government, in coordination with the Director of National Intelligence, for establishing requirements for the collection of intelligence related to, or regarding, the threats posed by Russia described in subsection (b)(1), in accordance with applicable provisions of law and Executive orders. ``(d) Annual Reports.-- ``(1) In general.--At the direction of the Director of National Intelligence, but not less than once each year, the Director of the Center shall submit to the appropriate congressional committees a report on threats posed by Russia to the national security, political sovereignty, and economic activity of the United States and its allies. ``(2) Matters included.--Each report under paragraph (1) shall include, with respect to the period covered by the report, a discussion of the following: ``(A) The nature of the threats described in such paragraph. ``(B) The ability of the United States Government to address such threats. ``(C) The progress of the Center in achieving its missions. ``(D) Recommendations the Director determines necessary for legislative actions to improve the ability of the Center to achieve its missions. ``(3) Form.--Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. ``(e) Employees.-- ``(1) Detailees.--Any Federal Government employee may be detailed to the Center on a reimbursable or nonreimbursable basis, and such detail shall be without interruption or loss of civil service status or privilege for a period of not more than 8 years. ``(2) Personal service contractors.--The Director of National Intelligence, in consultation with the Secretary of State, may hire United States citizens or aliens as personal services contractors for purposes of personnel resources of the Center, if-- ``(A) the Director of National Intelligence determines that existing personnel resources are insufficient; ``(B) the period in which services are provided by a personal services contractor, including options, does not exceed 3 years, unless the Director of National Intelligence determines that exceptional circumstances justify an extension of up to 1 additional year; ``(C) not more than 10 United States citizens or aliens are employed as personal services contractors under the authority of this paragraph at any time; and ``(D) the authority of this paragraph is only used to obtain specialized skills or experience or to respond to urgent needs. ``(3) Security clearances.--Each employee detailed to the Center and contractor of the Center shall have the security clearance appropriate for the assigned duties of the employee or contractor. ``(f) Board.-- ``(1) Establishment.--There is established a Board of the National Russian Threat Response Center (in this section referred to as the `Board'). ``(2) Functions.--The Board shall conduct oversight of the Center to ensure the Center is achieving the missions of the Center. In conducting such oversight, upon a majority vote of the members of the Board, the Board may recommend to the Director of National Intelligence that the Director of the Center should be removed for failing to achieve such missions. ``(3) Membership.-- ``(A) Appointment.--The Board shall consist of 6 members. The head of each department or agency of the Federal Government specified in subparagraph (B) shall appoint a senior official from that department or agency, who shall be a member of the Senior Executive Service, as a member. ``(B) Departments and agencies represented.--The department or agency of the Federal Government specified in this subparagraph are the following: ``(i) The Department of State. ``(ii) The Department of Defense. ``(iii) The Department of Justice. ``(iv) The Department of the Treasury. ``(v) The Department of Homeland Security. ``(vi) The Central Intelligence Agency. ``(4) Meetings.--The Board shall meet not less than biannually and shall be convened by the member appointed by the Secretary of State. ``(g) International Engagement.--The Director of the Center may convene biannual conferences to coordinate international efforts against threats posed by Russia described in subsection (b)(1). ``(h) Termination.--The Center shall terminate on the date that is 8 years after the date of the enactment of this section. ``(i) Appropriate Congressional Committees Defined.--In this section, the term `appropriate congressional committees' means-- ``(1) the congressional intelligence committees; ``(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and ``(3) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.''. (b) Clerical Amendment.--The table of contents at the beginning of such Act is amended by inserting after the item relating to section 119B the following new item: ``Sec. 119C. National Russian Threat Response Center.''. (c) Conforming Amendment.--Section 507(a) of such Act (50 U.S.C. 3106) is amended by adding at the end the following new paragraph: ``(6) An annual report submitted under section 119C(d)(1).''. (d) Funding.-- (1) In general.--In addition to any other authority of the Director of National Intelligence to transfer or reprogram funds, the Director may transfer not more than $10,000,000 for each of fiscal years 2018 and 2019 to carry out the functions of the National Russian Threat Response Center established by section 119C of the National Security Act of 1947, as added by subsection (a), during such fiscal years. (2) Notice.--The Director of National Intelligence shall notify the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) of a proposed transfer under paragraph (1) not less than 15 days prior to making such transfer. (3) Inapplicability of reprogramming requirements.--The authority to transfer amounts under paragraph (1) shall not be subject to any transfer or reprogramming requirements under any other provision of law.

This bill amends the National Security Act of 1947 to establish within the Office of the Director of National Intelligence (DNI) a National Russian Threat Response Center. The primary missions of the center shall be: to serve as the primary U.S. government organization for analyzing and integrating all intelligence pertaining to threats posed by the Russian Federation to the national security, political sovereignty, and economic activity of the United States and its allies; to synchronize the efforts of the intelligence community regarding countering efforts by Russia to undermine such security, sovereignty, and activity; in coordination with the relevant elements of the Department of State, the Department of Defense, the intelligence community, and other U.S. agencies, to develop policy recommendations for the President to detect, deter, and respond to such threats and to monitor and assess Russian efforts to carry out such threats; in coordination with the Global Engagement Center, to examine Russian efforts to use propaganda and information operations relating to such threats; and to identify and close gaps across federal agencies with respect to expertise, readiness, and planning to address such threats. The Director of the center shall be appointed by the DNI with the concurrence of the State Department. The Director shall: (1) ensure that the relevant federal agencies participate in the center's mission, and (2) have primary responsibility for establishing requirements for collecting intelligence regarding threats posed by Russia. A Board of the center is established to conduct oversight. The Director may convene biannual conferences to coordinate international efforts against such threats.

To amend the National Security Act of 1947 to establish the National Russian Threat Response Center within the Office of the Director of National Intelligence, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Alternative Energy Extender Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ENERGY INFRASTRUCTURE TAX INCENTIVES Sec. 101. Extension of credit for electricity produced from certain renewable resources. Sec. 102. Extension and expansion of credit to holders of clean renewable energy bonds. Sec. 103. Extension and expansion of qualifying advanced coal project credit. Sec. 104. Extension and expansion of qualifying gasification project credit. TITLE II--DOMESTIC FOSSIL FUEL SECURITY Sec. 201. Extension of election to expense certain refineries. TITLE III--CONSERVATION AND ENERGY EFFICIENCY PROVISIONS Sec. 301. Extension of energy efficient commercial buildings deduction. Sec. 302. Extension of new energy efficient home credit. Sec. 303. Extension of residential energy efficient property credit. Sec. 304. Extension of credit for business installation of qualified fuel cells and stationary microturbine power plants. Sec. 305. Extension of business solar investment tax credit. TITLE IV--ALTERNATIVE FUELS AND VEHICLES INCENTIVES Sec. 401. Extension of excise tax provisions, income tax credits, and tariff duties. TITLE I--ENERGY INFRASTRUCTURE TAX INCENTIVES SEC. 101. EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. Section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking ``2008'' each place it appears and inserting ``2011''. SEC. 102. EXTENSION AND EXPANSION OF CREDIT TO HOLDERS OF CLEAN RENEWABLE ENERGY BONDS. (a) In General.--Section 54(m) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2010''. (b) Annual Volume Cap for Bonds Issued During Extension Period.-- Paragraph (1) of section 54(f) of the Internal Revenue Code of 1986 (relating to limitation on amount of bonds designated) is amended to read as follows: ``(1) National limitation.-- ``(A) Initial national limitation.--With respect to bonds issued after December 31, 2005, and before January 1, 2008, there is a national clean renewable energy bond limitation of $800,000,000. ``(B) Annual national limitation.--With respect to bonds issued after December 31, 2007, and before January 1, 2011, there is a national clean renewable energy bond limitation for each calendar year of $800,000,000.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 103. EXTENSION AND EXPANSION OF QUALIFYING ADVANCED COAL PROJECT CREDIT. (a) In General.--Section 48A(d)(3)(A) of the Internal Revenue Code of 1986 (relating to aggregate credits) is amended by striking ``$1,300,000,000'' and inserting ``$1,800,000,000''. (b) Authorization of Additional Integrated Gasification Combined Cycle Projects.--Subparagraph (B) of section 48A(d)(3) of te Internal Revenue Code of 1986 (relating to aggregate credits) is amended to read as follows: ``(B) Particular projects.--Of the dollar amount in subparagraph (A), the Secretary is authorized to certify-- ``(i) $800,000,000 for integrated gasification combined cycle projects the application for which is submitted during the period described in paragraph (2)(A)(i), ``(ii) $500,000,000 for projects which use other advanced coal-based generation technologies the application for which is submitted during the period described in paragraph (2)(A)(i), and ``(iii) $500,000,000 for integrated gasification combined cycle projects the application for which is submitted during the period described in paragraph (2)(A)(ii).''. (c) Application Period for Additional Projects.--Subparagraph (A) of section 48A(d)(2) of the Internal Revenue Code of 1986 (relating to certification) is amended to read as follows: ``(A) Application period.--Each applicant for certification under this paragraph shall submit an application meeting the requirements of subparagraph (B). An applicant may only submit an application-- ``(i) for an allocation from the dollar amount specified in clause (i) or (ii) of paragraph (3)(A) during the 3-year period beginning on the date the Secretary establishes the program under paragraph (1), and ``(ii) for an allocation from the dollar amount specified in paragraph (3)(A)(iii) during the 3-year period beginning at the termination of the period described in clause (i).''. (d) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by section 1307 of the Energy Policy Act of 2005. SEC. 104. EXTENSION AND EXPANSION OF QUALIFYING GASIFICATION PROJECT CREDIT. (a) In General.--Section 48B(d)(1) of the Internal Revenue Code of 1986 (relating to qualifying gasification project program) is amended by striking ``$350,000,000'' and inserting ``$850,000,000''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the amendments made by section 1307 of the Energy Policy Act of 2005. TITLE II--DOMESTIC FOSSIL FUEL SECURITY SEC. 201. EXTENSION OF ELECTION TO EXPENSE CERTAIN REFINERIES. (a) In General.--Section 179C(c)(1) of the Internal Revenue Code of 1986 (defining qualified refinery property) is amended-- (1) by striking ``and before January 1, 2012'' in subparagraph (B) and inserting ``and, in the case of any qualified refinery described in subsection (d)(1), before January 1, 2012'', and (2) by inserting ``if described in subsection (d)(1)'' after ``of which'' in subparagraph (F)(i). (b) Conforming Amendment.--Subsection (d) of section 179C of the Internal Revenue Code of 1986 is amended to read as follows: ``(d) Qualified Refinery.--For purposes of this section, the term `qualified refinery' means any refinery located in the United States which is designed to serve the primary purpose of processing liquid fuel from-- ``(1) crude oil, or ``(2) qualified fuels (as defined in section 45K(c)).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the amendment made by section 1323(a) of the Energy Policy Act of 2005. TITLE III--CONSERVATION AND ENERGY EFFICIENCY PROVISIONS SEC. 301. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION. Section 179D(h) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2010''. SEC. 302. EXTENSION OF NEW ENERGY EFFICIENT HOME CREDIT. (a) In General.--Subsection (g) of section 45L of the Internal Revenue Code of 1986 (relating to new energy efficient home credit) is amended to read as follows: ``(g) Termination.--This section shall not apply to-- ``(1) any qualified new energy efficient home meeting the energy saving requirements of subsection (c)(1) acquired after December 31, 2010, and ``(2) any qualified new energy efficient home meeting the energy saving requirements of paragraph (2) or (3) of subsection (c) acquired after December 31, 2007.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the amendments made by section 1332 of the Energy Policy Act of 2005. SEC. 303. EXTENSION OF RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT. Section 25D(g) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2007'' and inserting ``2010''. SEC. 304. EXTENSION OF CREDIT FOR BUSINESS INSTALLATION OF QUALIFIED FUEL CELLS AND STATIONARY MICROTURBINE POWER PLANTS. Sections 48(c)(1)(E) and 48(c)(2)(E) of the Internal Revenue Code of 1986 (relating to termination) are each amended by striking ``2007'' and inserting ``2010''. SEC. 305. EXTENSION OF BUSINESS SOLAR INVESTMENT TAX CREDIT. Sections 48(a)(2)(A)(i)(II) and 48(a)(3)(A)(ii) of the Internal Revenue Code of 1986 (relating to termination) are each amended by striking ``2008'' and inserting ``2011''. TITLE IV--ALTERNATIVE FUELS AND VEHICLES INCENTIVES SEC. 401. EXTENSION OF EXCISE TAX PROVISIONS, INCOME TAX CREDITS, AND TARIFF DUTIES. (a) Biodiesel.--Sections 40A(g), 6426(c)(6), and 6427(e)(5)(B) of the Internal Revenue Code of 1986 are each amended by striking ``2008'' and inserting ``2010''. (b) Alternative Fuel.-- (1) Fuels.--Sections 6426(d)(4) and 6427(e)(5)(C) of the Internal Revenue Code of 1986 are each amended by striking ``September 30, 2009'' and inserting ``December 31, 2010''. (2) Refueling property.--Section 30C(g) of such Code is amended by striking ``2009'' and inserting ``2010''. (c) Ethanol Tariff Schedule.--Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 3007) are each amended in the effective period column by striking ``10/1/ 2007'' each place it appears and inserting ``1/1/2011''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2007.

Alternative Energy Extender Act - Amends the Internal Revenue Code to extend through 2010: (1) the tax credit for electricity produced from certain renewable resources; (2) the tax credit for holders of clean renewable energy bonds and the national volume cap for such bonds; (3) the tax deduction for energy efficient commercial buildings; (4) the tax credit for new energy efficient homes; (5) the tax credit for residential energy efficient property; (6) the tax credits for investment in qualified fuel cells, microturbine power plants, and solar energy property; and (7) the income and excise tax credits for biodiesel and alternative fuels and for alternative fuel vehicle refueling property. Increases the maximum tax credit amounts for the advanced coal and gasification project programs. Extends through 2012 the taxpayer election to expense certain crude oil refinery property. Amends the Harmonized Tariff Schedule of the United States to extend through 2010 the suspension of duties on mixtures of ethyl alcohol and ethyl tertiary-butyl ether.

A bill to amend the Internal Revenue Code of 1986 to extend certain energy tax incentives, and for other purposes.

SECTION 1. TAX CREDIT FOR EDUCATION EXPENSES AT 2-YEAR COLLEGES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by adding at the end the following: ``SEC. 25A. EDUCATION EXPENSES AT 2-YEAR COLLEGES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the qualified higher education expenses paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Amount of credit.--The amount allowed as a credit under subsection (a) for any taxable year with respect to any student shall not exceed $1,500. ``(2) Credit reduced by nontaxable federal assistance.--The amount of the credit allowed under subsection (a) (determined without regard to this paragraph) shall be reduced by any scholarship or grant provided by the Federal Government which is exempt from tax under this chapter. ``(c) Qualified Higher Education Expenses.--For purposes of this section-- ``(1) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means tuition and fees required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, in a 2-year degree program at an institution of higher education. ``(B) Exception for education involving sports, inc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies unless such expenses-- ``(i) are part of a 2-year degree program, or ``(ii) are deductible under this chapter. ``(C) Inclusion of reasonable living expenses.-- Such term shall include reasonable living expenses while away from home. ``(D) Exception for nonacademic fees.--Such term does not include any student activity fees, athletic fees, insurance expenses, or other expenses unrelated to a student's academic course of instruction. ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 1997, the $1,500 amount contained in subsection (b)(1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, except that section 1(f)(3)(B) shall be applied by substituting `1996' for `1992'. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50 (or if such amount is a multiple of $25, such amount shall be rounded to the next highest multiple of $50). ``(3) Institution of higher education.--The term `institution of higher education' means an institution which-- ``(A) is described in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141), as in effect on the date of enactment of this section, and ``(B) an area vocational education school (as defined in subparagraph (C) or (D) of section 521(4) of the Carl D. Perkins Vocational Education Act) which is in any State (as defined in section 521(33) of such Act), as such sections are in effect on the date of enactment of this section. ``(d) No Double Benefit.--No credit shall be allowed under subsection (a) for qualified higher education expenses with respect to which a deduction is allowed under any other provision of this chapter. ``(e) Special Rules.-- ``(1) Limitation on taxable year of credit.-- ``(A) In general.--A credit shall be allowed under subsection (a) for any taxable year only to the extent the qualified higher education expenses are in connection with attendance at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified higher education expenses paid during a taxable year which are in connection with attendance at an institution of higher education which begins during the first 2 months of the following taxable year. ``(2) Adjustment for certain scholarships and veterans' benefits.--The amount of qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to attendance at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(3) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25 the following: ``Sec. 25A. Education expenses at 2-year colleges.''. (c) Effective Date.--The amendments made by this section apply to taxable years beginning after December 31, 1996.

Amends the Internal Revenue Code to allow a limited tax credit for educational expenses at a two-year college.

A bill to amend the Internal Revenue Code of 1986 to provide a nonrefundable tax credit for the expenses of an education at a 2-year college.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Respirator Access Assurance Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) Each year millions of workers, responders and citizens in the United States and around the world depend on the availability of respirators made in the United States for protection against exposure to hazardous materials and in the event of terrorist incidents, airborne disease epidemics, and other disasters. (2) Respirators are tested, and the design and labeling of respirators is regulated by an independent federal agency, the National Institute for Occupational Safety and Health (NIOSH), which is part of the federal Centers for Disease Control and Prevention. NIOSH establishes the performance standards for respirators, independently tests and certifies respirators to its standards, and performs follow-up field audits of respirators to ensure continued compliance with NIOSH performance standards. Prior to the establishment of NIOSH, respirators were approved by the United States Bureau of Mines. (3) Respirator manufacturers and sellers do not and cannot control or determine the manner in which their products are used. (4) Manufacturers and sellers of respirators designed and labeled in compliance with NIOSH requirements have been named as defendants in a substantial number of product liability claims alleging that these NIOSH-approved designs and warnings are defective. (5) Respirators are sold in and have an effect on interstate commerce. (6) Manufacturers of respirators may cease making such products, in principal part because of the costs of litigation. (7) A continued United States capacity to manufacture and distribute respirators is necessary to assure that these products remain available. Lack of availability of respirators will increase risks to the health of millions of American workers and emergency responders. (8) The protections set forth in this Act are needed to assure the continued commercial availability of lifesaving respirators. SEC. 3. DEFINITIONS. In this Act: (1) ``Manufacturer'' means any person who, in the course of a business conducted for that purpose, designs, makes, produces, packages, or labels any respirator or component part of a respirator, or engages another to do so. (2) ``NIOSH'' means the National Institute for Occupational Safety and Health. (3) ``NIOSH approval'' means a certificate or formal document issued by NIOSH stating that an individual respirator or combination of respirators has met the minimum requirements of part 84 of title 42, Code of Federal Regulations, or part 11 of title 30, Code of Federal Regulations, and that the manufacturer is authorized to use and attach an approval label to any respirator manufactured in conformance with the plans and specifications upon which the approval was based. For purposes of this Act, NIOSH approval shall also mean certification and/or approval by any Federal Government agency with authority to approve respirators, including the United States Bureau of Mines and the Mine Safety and Health Administration. (4) ``Respirator'' means any device designed to provide the wearer with respiratory protection against inhalation of hazardous materials. (5) ``Seller'' means a person or entity, including a retailer, distributor, or wholesaler, that is regularly engaged in selling respirators. SEC. 4. EFFECT OF NIOSH APPROVAL OF DESIGN AND LABELING. A manufacturer or seller of a respirator shall not be subject to any claim for defective design or warning or any claim which is based on such an allegation if such respirator has received a NIOSH approval, and such respirator is manufactured in compliance with the NIOSH- approved design and labeling. This provision shall not apply to a respirator that fails to comply with the NIOSH-approved design and labeling standards. SEC. 5. PREEMPTION AND STATUTORY CONSTRUCTION. (a) Preemption.--The provisions of this Act shall supersede any and all State or local laws insofar as they may now or hereafter relate to any claim for defective design or warning or any claim which is based on such an allegation if such respirator has received a NIOSH approval. (b) Statutory Construction.--Nothing in this Act may be construed to affect any defense available to a defendant under any other provision of state or federal law, or to create a cause of action or federal court jurisdiction pursuant to section 1331 or 1332 of title 28, United States Code, that otherwise would not exist under applicable law. SEC. 6. APPLICABILITY. This Act applies to any civil action in a Federal or State court, on the basis of any legal theory, for harm allegedly caused, directly or indirectly, by a respirator, a respirator manufacturer, or a respirator seller. SEC. 7. EFFECTIVE DATE. This Act shall become effective upon enactment and shall apply to any action that has not proceeded to trial as of the date of enactment, regardless of when the respirator was manufactured or sold.

Respirator Access Assurance Act of 2005 - States that manufacturers or sellers of respirators shall not be subject to claims for defective design or warning, or any claims based on such allegations, if the respirator in question received National Institute for Occupational Safety and Health (NIOSH) approval and was manufactured in compliance with NIOSH-approved design and labeling. Preempts all State and local laws with regard to such claims. Makes this Act applicable to any civil action in Federal or State court for harm allegedly caused by a respirator, respirator manufacturer, or respirator seller. Applies this Act to any action than has not proceeded to trial as of the date of enactment.

To protect American workers and responders by ensuring the continued commercial availability of respirators and to establish rules governing product liability actions against manufacturers and sellers of respirators.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Nuclear Compliance Act of 2013''. SEC. 2. IRAN NUCLEAR COMPLIANCE. (a) Effective Enforcement of Interim Agreement.-- (1) In general.--During the 240-day period beginning on the date of the enactment of this Act, the President may not, in connection with the ongoing nuclear negotiations with Iran, exercise a waiver of, suspend, or otherwise reduce any sanctions imposed in relation to Iran, whether imposed directly by statute or through an Executive order, unless, not later than 15 days before the waiver, suspension, or other reduction takes effect, the President submits to the appropriate congressional committees the certification described in paragraph (2). (2) Certification described.--The certification described in this paragraph is a certification with respect to the waiver, suspension, or other reduction of sanctions under paragraph (1) that-- (A) it is in the vital national security interests of the United States to waive, suspend, or otherwise reduce those sanctions; and (B) Iran is in full compliance with the terms of any interim agreement between the United States, the United Kingdom, France, Russia, China, Germany, and Iran relating to Iran's nuclear program. (3) Expiration of interim relief and reinstatement of sanctions.--Any sanctions imposed in relation to Iran that have been waived, suspended, or otherwise reduced in connection with the ongoing nuclear negotiations with Iran, regardless whether the waiver, suspension, or other reduction of those sanctions took effect before or after the date of the enactment of this Act, shall be immediately reinstated on the date that is 240 days after such date of enactment. (b) Effective Enforcement of Final Agreement and Limitations.-- (1) In general.--On and after the date that is 240 days after the date of the enactment of this Act, the President may not, in connection with the ongoing nuclear negotiations with Iran, exercise a waiver of, suspend, or otherwise reduce any sanctions imposed in relation to Iran, whether imposed directly by statute or through an Executive order, unless, not later than 15 days before the waiver, suspension, or other reduction takes effect, the President submits to the appropriate congressional committees the certification described in paragraph (2). (2) Certification.--The certification described in this paragraph is a certification that-- (A) the conditions for a temporary waiver, suspension, or other reduction of sanctions pursuant to subsection (a) continue to be met; (B) Iran is in full compliance with the terms of all agreements between the United States, the United Kingdom, France, Russia, China, Germany, and Iran relating to Iran's nuclear program; (C) Iran is in full compliance with terms of United Nations Security Council Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1929 (2010); and (D) Iran has provided a full accounting of all of its nuclear weaponization and related activities, has committed, in writing, to suspend all such activities, and is making substantial efforts to do so. (c) Reinstatement of Sanctions Upon Noncompliance.--If the President receives information from any person, including the International Atomic Energy Agency, the Secretary of Defense, the Secretary of State, the Secretary of Energy, or the Director of National Intelligence, that Iran has failed to comply with the terms of any agreement between the United States, the United Kingdom, France, Russia, China, Germany, and Iran with respect to Iran's nuclear program or has refused to cooperate in any way with appropriate requests of the International Atomic Energy Agency, the President shall-- (1) not later than 10 days after receiving that information, determine whether the information is credible and accurate; (2) notify the appropriate congressional committees of that determination; and (3) if the President determines that the information is credible and accurate, not later than 5 days after making that determination, reinstate all sanctions imposed in relation to Iran that have been waived, suspended, or otherwise reduced in connection with the ongoing nuclear negotiations with Iran, without regard to whether the waiver, suspension, or other reduction of those sanctions took effect before or after the date of the enactment of this Act. (d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).

Iran Nuclear Compliance Act of 2013 - Prohibits the President, in connection with the ongoing nuclear negotiations with Iran and during the 240-day period beginning on the date of the enactment of this Act, from exercising a waiver of, suspending, or otherwise reducing any sanctions imposed on Iran unless the President certifies to Congress that: (1) it is in the U.S. national security interests to waive, suspend, or otherwise reduce such sanctions; and (2) Iran is in full compliance with the terms of any interim agreement between the United States, the United Kingdom, France, Russia, China, Germany, and Iran relating to Iran's nuclear program. Provides for reinstatement of sanctions upon noncompliance.

Iran Nuclear Compliance Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Employment for All Act''. SEC. 2. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT PURPOSES. (a) Prohibition for Employment and Adverse Action.--Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended-- (1) in subsection (a)(3)(B), by inserting ``within the restrictions set forth in subsection (b)'' after ``purposes''; (2) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and (3) by inserting after subsection (a) the following new subsection: ``(b) Use of Certain Consumer Report Prohibited for Employment Purposes or Adverse Action.-- ``(1) General prohibition.--Except as provided in paragraph (3), a person, including a prospective employer or current employer, may not use a consumer report or investigative consumer report, or cause a consumer report or investigative consumer report to be procured, with respect to any consumer where any information contained in the report bears on the consumer's creditworthiness, credit standing, or credit capacity-- ``(A) for employment purposes; or ``(B) for making an adverse action, as described in section 603(k)(1)(B)(ii). ``(2) Source of consumer report irrelevant.--The prohibition described in paragraph (1) shall apply even if the consumer consents or otherwise authorizes the procurement or use of a consumer report for employment purposes or in connection with an adverse action with respect to such consumer. ``(3) Exceptions.--Notwithstanding the prohibitions set forth in this subsection, and consistent with the other sections of this Act, an employer may use a consumer report with respect to a consumer in the following situations: ``(A) When the consumer applies for, or currently holds, employment that requires national security or FDIC clearance. ``(B) When the consumer applies for, or currently holds, employment with a State or local government agency which otherwise requires use of a consumer report. ``(C) When the consumer applies for, or currently holds, a supervisory, managerial, professional, or executive position at a financial institution. ``(D) When otherwise required by law. ``(4) Effect on disclosure and notification requirements.-- The exceptions described in paragraph (3) shall have no effect upon the other requirements of this Act, including requirements in regards to disclosure and notification to a consumer when permissibly using a consumer report for employment purposes or for making an adverse action against such consumer.''. (b) Conforming Amendments and Cross References.--Such Act is further amended as follows: (1) In section 603 (15 U.S.C. 1681a)-- (A) in subsection (d)(3), by striking ``604(g)(3)'' and inserting ``604(h)(3)''; and (B) in subsection (o), by striking ``A'' and inserting ``Subject to the restrictions set forth in section 604(b), a''. (2) In section 604 (15 U.S.C. 1681b)-- (A) in subsection (a), by striking ``subsection (c)'' and inserting ``subsection (d)''; (B) in subsection (c), as redesignated by subsection (a)(2) of this section-- (i) in paragraph (2)(A), by inserting ``and subject to the restrictions set forth in subsection (b)'' after ``subparagraph (B)''; and (ii) in paragraph (3)(A), by inserting ``and subject to the restrictions set forth in subsection (b)'' after ``subparagraph (B)''; (C) in subsection (d)(1), as redesignated by subsection (a)(2) of this section, by striking ``subsection (e)'' in both places it appears and inserting ``subsection (f)''; (D) in subsection (f), as redesignated by subsection (a)(2) of this section-- (i) in paragraph (1), by striking ``subsection (c)(1)(B)'' and inserting ``subsection (d)(1)(B)''; and (ii) in paragraph (5), by striking ``subsection (c)(1)(B)'' and inserting ``subsection (d)(1)(B)''. (3) In section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by striking ``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)''. (4) In section 609 (15 U.S.C. 1681g)-- (A) in subsection (a)(3)(C)(i), by striking ``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)''; and (B) in subsection (a)(3)(C)(ii), by striking ``604(b)(4)(A)'' and inserting ``604(c)(4)(A)''. (5) In section 613(a) (15 U.S.C. 1681k(a)) by striking ``section 604(b)(4)(A)'' and inserting ``section 604(c)(4)(A)''. (6) In section 615 (15 U.S.C. 1681m)-- (A) in subsection (d)(1), by striking ``section 604(c)(1)(B)'' and inserting ``section 604(d)(1)(B)''; (B) in subsection (d)(1)(E), by striking ``section 604(e)'' and inserting ``section 604(f)''; and (C) in subsection (d)(2)(A), by striking ``section 604(e)'' and inserting ``section 604(f)''.

Equal Employment for All Act - Amends the Fair Credit Reporting Act to prohibit a current or prospective employer from using a consumer report or an investigative consumer report, or from causing one to be procured, for either employment purposes or for making an adverse action, if the report contains information that bears upon the consumer's creditworthiness, credit standing, or credit capacity. Makes exceptions to such prohibition for employment: (1) which requires a national security or Federal Deposit Insurance Corporation (FDIC) clearance; (2) with a state or local government agency which otherwise requires use of a consumer report; or (3) in a supervisory, managerial, professional, or executive position at a financial institution.

To amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Kids Outdoors Act of 2011''. SEC. 2. FINDINGS. Congress finds as follows: (1) Children today are spending less time outdoors than any generation in human history, as evidenced by studies that show children enjoy half as much time outdoors today as they did just 20 years ago, while spending more than 7\1/2\ hours every day in front of electronic media. (2) The health of our children is at risk as evidenced by the growing obesity crisis where, during the 20-year period between 1991 and 2011, the childhood obesity rate has more than doubled and the adolescent obesity rate has tripled, costing the economy of the United States billions of dollars each year. (3) Our military readiness is declining as nearly 1 in 4 applicants to the military is rejected for being overweight or obese, which is the most common reason for medical disqualification. (4) Research has shown that military children and families are facing increased stress and mental strain and challenges due to multiple, extended deployments. Military family service organizations have developed programs that connect military children and families with positive, meaningful outdoor experiences that benefit mental and physical health, but they lack sufficient resources to meet increasing demand. (5) In addition to the negative economic impact of childhood obesity, the outdoor retail industry, many local tourist destinations or ``gateway communities'', and State fish and wildlife agencies rely on revenue generated when individuals spend time outdoors to create jobs in local communities. (6) Over the past several years, urbanization, changing land use patterns, increasing road traffic, and inadequate solutions to addressing these challenges in the built environment have combined to make it more difficult for many Americans to walk or bike to schools, parks, and play areas or experience the natural environment in general. (7) Visitation to our Nation's public lands has declined or remained flat in recent years, and yet, connecting with nature and the great outdoors in our communities is critical to fostering the next generation of outdoor enthusiasts who will visit, appreciate, and become stewards of our Nation's public lands. (8) It takes many dedicated men and women to work to preserve, protect, enhance, and restore America's natural resources, and with an aging workforce in the natural resource professions, it is critical for the next generation to have an appreciation for nature and be ready to take over these responsibilities. (9) Spending time outdoors in nature is beneficial to our children's physical, mental, and emotional health and has been proven to decrease symptoms of attention deficit and hyperactivity disorder, stimulate brain development, improve motor skills, result in better sleep, reduce stress, increase creativity, improve mood, and reduce children's risk of developing myopia. (10) Children who spend time playing outside are more likely to take risks, seek out adventure, develop self- confidence, and respect the value of nature. (11) Spending time in green spaces outside the home, including parks, play areas, and garden, can increase concentration, inhibition of initial impulses, and self- discipline and has been shown to reduce stress and mental fatigue. In one study, children who were exposed to greener environments in a public housing area demonstrated less aggression, violence, and stress. (12) As children become more disconnected from the natural world, the hunting and angling conservation legacy of America is at risk. (13) Conservation education and outdoor recreation experiences such as camping, hiking, boating, hunting, fishing, archery, recreational shooting, wildlife watching, and others are critical to engaging young people in the outdoors. (14) Hunters and anglers play a critical role in reconnecting young people with nature, protecting our natural resources, and fostering a lifelong understanding of the value of conserving the natural world. (15) Research demonstrates that hunters who become engaged in hunting as children are among the most active and interested hunters as adults. The vast majority of hunters report they were introduced to hunting between the ages of 10 and 12, and the overwhelming majority of children are introduced to hunting by an adult. (16) A direct childhood experience with nature before the age of 11 promotes a long-term connection to nature. (17) Parks and recreation, youth-serving, service-learning, conservation, health, education, and built-environment organizations, facilities, and personnel provide critical resources and infrastructure for connecting children and families with nature. (18) Place-based service-learning opportunities use our lands and waters as the context for learning by engaging students in the process of exploration, action, and reflection. Physical activity outdoors connected with meaningful community service to solve real-world problems, such as removing invasive plants or removing trash from a streambed, strengthens communities by engaging youth as citizen stewards. (19) States nationwide and their community based partners have some notable programs that connect children and families with nature; however, most States lack sufficient resources and a comprehensive strategy to effectively engage State agencies across multiple fields. (20) States need to engage in cross-sector agency and nonprofit collaboration that involves public health and wellness, parks and recreation, transportation and city planning, and other sectors focused on connecting children and families with the outdoors to increase coordination and effective implementation of the policy tools and programs that a State can bring to bear to provide healthy outdoor opportunities for children and families. SEC. 3. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State; or (B) a consortium from one State that may include such State and municipalities, entities of local or tribal governments, parks and recreation departments or districts, school districts, institutions of higher education, or nonprofit organizations. (2) Local partners.--The term ``local partners'' means a municipality, entity of local or tribal government, parks and recreation departments or districts, Indian tribe, school district, institution of higher education, nonprofit organization, or a consortium of local partners. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any Indian tribe. SEC. 4. COOPERATIVE AGREEMENTS FOR DEVELOPMENT OR IMPLEMENTATION OF HEALTHY KIDS OUTDOORS STATE STRATEGIES. (a) In General.--The Secretary is authorized to issue one cooperative agreement per State to eligible entities to develop, implement, and update a 5-year State strategy, to be known as a ``Healthy Kids Outdoors State Strategy'', designed to encourage Americans, especially children, youth, and families, to be physically active outdoors. (b) Submission and Approval of Strategies.-- (1) Applications.--An application for a cooperative agreement under subsection (a) shall-- (A) be submitted not later than 120 days after the Secretary publishes guidelines under subsection (f)(1); and (B) include a Healthy Kids Outdoors State Strategy meeting the requirements of subsection (c) or a proposal for development and submission of such a strategy. (2) Approval of strategy; peer review.--Not later than 90 days after submission of a Healthy Kids Outdoors State Strategy, the Secretary shall, through a peer review process, approve or recommend changes to the strategy. (3) Strategy update.--An eligible entity receiving funds under this section shall update its Healthy Kids Outdoors State Strategy at least once every 5 years. Continued funding under this section shall be contingent upon submission of such updated strategies and reports that document impact evaluation methods consistent with the guidelines in subsection (f)(1) and lessons learned from implementing the strategy. (c) Comprehensive Strategy Requirements.--The Healthy Kids Outdoors State Strategy under subsection (a) shall include-- (1) a description of how the eligible entity will encourage Americans, especially children, youth, and families, to be physically active in the outdoors through State, local, and tribal-- (A) public health systems; (B) public parks and recreation systems; (C) public transportation and city planning systems; and (D) other public systems that connect Americans, especially children, youth, and families, to the outdoors; (2) a description of how the eligible entity will partner with nongovernmental organizations, especially those that serve children, youth, and families, including those serving military families and tribal agencies; (3) a description of how State agencies will collaborate with each other to implement the strategy; (4) a description of how funding will be spent through local planning and implementation subgrants under subsection (d); (5) a description of how the eligible entity will evaluate the effectiveness of, and measure the impact of, the strategy, including an estimate of the costs associated with such evaluation; (6) a description of how the eligible entity will provide opportunities for public involvement in developing and implementing the strategy; (7) a description of how the strategy will increase visitation to Federal public lands within the state; and (8) a description of how the eligible entity will leverage private funds to expand opportunities and further implement the strategy. (d) Local Planning and Implementation.-- (1) In general.--A Healthy Kids Outdoors State Strategy shall provide for subgrants by the cooperative agreement recipient under subsection (a) to local partners to implement the strategy through one or more of the program activities described in paragraph (2). (2) Program activities.--Program activities may include-- (A) implementing outdoor recreation and youth mentoring programs that provide opportunities to experience the outdoors, be physically active, and teach skills for lifelong participation in outdoor activities, including fishing, hunting, recreational shooting, archery, hiking, camping, outdoor play in natural environments, and wildlife watching; (B) implementing programs that connect communities with safe parks, green spaces, and outdoor recreation areas through affordable public transportation and trail systems that encourage walking, biking, and increased physical activity outdoors; (C) implementing school-based programs that use outdoor learning environments, such as wildlife habitats or gardens, and programs that use service learning to restore natural areas and maintain recreational assets; and (D) implementing education programs for parents and caregivers about the health benefits of active time outdoors to fight obesity and increase the quality of life for Americans, especially children, youth, and families. (e) Priority.--In making cooperative agreements under subsection (a) and subgrants under subsection (d)(1), the Secretary and the recipient under subsection (a), respectively, shall give preference to entities that serve individuals who have limited opportunities to experience nature, including those who are socioeconomically disadvantaged or have a disability or suffer disproportionately from physical and mental health stressors. (f) Guidelines.--Not later than 180 days after the date of the enactment of this Act, and after notice and opportunity for public comment, the Secretary shall publish in the Federal Register guidelines on the implementation of this Act, including guidelines for-- (1) developing and submitting strategies and evaluation methods under subsection (b); and (2) technical assistance and dissemination of best practices under section 7. (g) Reporting.--Not later than 2 years after the Secretary approves the Healthy Kids Outdoors State Strategy of an eligible entity receiving funds under this section, and every year thereafter, the eligible entity shall submit to the Secretary a report on the implementation of the strategy based on the entity's evaluation and assessment of meeting the goals specified in the strategy. (h) Allocation of Funds.--An eligible entity receiving funding under subsection (a) for a fiscal year-- (1) may use not more than 5 percent of the funding for administrative expenses; and (2) shall use at least 95 percent of the funding for subgrants to local partners under subsection (d). (i) Match.--An eligible entity receiving funding under subsection (a) for a fiscal year shall provide a 25-percent match through in-kind contributions or cash. SEC. 5. NATIONAL STRATEGY FOR ENCOURAGING AMERICANS TO BE ACTIVE OUTDOORS. (a) In General.--Not later than September 30, 2012, the President, in cooperation with appropriate Federal departments and agencies, shall develop and issue a national strategy for encouraging Americans, especially children, youth, and families, to be physically active outdoors. Such a strategy shall include-- (1) identification of barriers to Americans, especially children, youth, and families, spending healthy time outdoors and specific policy solutions to address those barriers; (2) identification of opportunities for partnerships with Federal, State, tribal, and local partners; (3) coordination of efforts among Federal departments and agencies to address the impacts of Americans, especially children, youth, and families, spending less active time outdoors on-- (A) public health, including childhood obesity, attention deficit disorders and stress; (B) the future of conservation in the United States; and (C) the economy; (4) identification of ongoing research needs to document the health, conservation, economic, and other outcomes of implementing the national strategy and State strategies; (5) coordination and alignment with Healthy Kids Outdoors State Strategies; and (6) an action plan for implementing the strategy at the Federal level. (b) Strategy Development.-- (1) Public participation.--Throughout the process of developing the national strategy under subsection (a), the President may use, incorporate, or otherwise consider existing Federal plans and strategies that, in whole or in part, contribute to connecting Americans, especially children, youth, and families, with the outdoors and shall provide for public participation, including a national summit of participants with demonstrated expertise in encouraging individuals to be physically active outdoors in nature. (2) Updating the national strategy.--The President shall update the national strategy not less than 5 years after the date the first national strategy is issued under subsection (a), and every 5 years thereafter. In updating the strategy, the President shall incorporate results of the evaluation under section 6. SEC. 6. NATIONAL EVALUATION OF HEALTH IMPACTS. The Secretary, in coordination with the Secretary of Health and Human Services, shall-- (1) develop recommendations for appropriate evaluation measures and criteria for a study of national significance on the health impacts of the strategies under this Act; and (2) carry out such a study. SEC. 7. TECHNICAL ASSISTANCE AND BEST PRACTICES. The Secretary shall-- (1) provide technical assistance to grantees under section 4 through cooperative agreements with national organizations with a proven track record of encouraging Americans, especially children, youth, and families, to be physically active outdoors; and (2) disseminate best practices that emerge from strategies funded under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary to carry out this Act-- (1) $1,000,000 for fiscal year 2013; (2) $2,000,000 for fiscal year 2014; (3) $3,000,000 for fiscal year 2015; (4) $4,000,000 for fiscal year 2016; and (5) $5,000,000 for fiscal year 2017. (b) Limitation.--Of the amounts made available to carry out this Act for a fiscal year, not more than 5 percent may be made available for carrying out section 7. (c) Supplement, Not Supplant.--Funds made available under this Act shall be used to supplement, and not supplant, any other Federal, State, or local funds available for activities that encourage Americans, especially children, youth, and families to be physically active outdoors.

Healthy Kids Outdoors Act of 2011 - Authorizes the Secretary of the Interior to issue one cooperative agreement per state to eligible entities to implement and update a five-year Healthy Kids Outdoors State Strategy for encouraging Americans, especially children, youth, and families, to be physically active outdoors. Requires each Strategy to provide for subgrants to local partners for the implementation of the strategy through one or more of the program activities relating to outdoor recreation as described in this Act. Requires eligible entities to provide a 25% match of the funding that they receive under this Act through in-kind contributions or cash. Directs the President to issue a national strategy for encouraging Americans to be physically active outdoors. Directs the Secretary and the Secretary of Health and Human Services (HHS) to carry out a study of national significance on the health impacts of the strategies under this Act. Requires the Secretary to provide technical assistance to grantees and to disseminate best practices that emerge from the state strategies funded by this Act.

A bill to authorize the Secretary of the Interior to carry out programs and activities that connect Americans, especially children, youth, and families, with the outdoors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Job Creation Act of 2010''. SEC. 2. TEMPORARY WORK OPPORTUNITY CREDIT FOR SMALL BUSINESSES. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(l) Small Business Credit for Hiring Certain Unemployed Individuals During 2010 and 2011.-- ``(1) In general.--In the case of an eligible unemployed individual who begins work for an eligible small business during 2010 or 2011, the taxpayer may elect to treat such individual as a member of a targeted group for purposes of this subpart, subject to the modifications in paragraph (4) and in lieu of treating such individual as a member of any other targeted group. ``(2) Eligible small business.--For purposes of this subsection, the term `eligible small business' means any person if-- ``(A) either-- ``(i) the gross receipts of such person for the preceding taxable year did not exceed $20,000,000, or ``(ii) in the case of a person to which subparagraph (A) does not apply, such person employed not more than 200 full-time employees during the preceding taxable year, and ``(B) such person elects the application of this section for the taxable year. For purposes of subparagraph (B)(ii), an employee shall be considered full-time if such employee is employed at least 30 hours per week for 35 or more calendar weeks in the taxable year. ``(3) Eligible unemployed individual.--For purposes of this section, the term `eligible unemployed individual' means any individual-- ``(A) who is certified by the designated local agency as being eligible to receive unemployment compensation under State or Federal law during the 1- year period ending on the hiring date, or ``(B) whose employment with the employer was terminated before January 1, 2010. ``(4) Employee must be full-time.--No wages shall be taken into account with respect to any individual for any taxable year unless such individual is employed by the employer an average of at least 30 hours per week in the taxable year (in the case of the taxable year during which the individual begins work, beginning with the day the individual begins work). ``(5) Modifications.--For purposes of this subsection, the modifications described in this paragraph are as follows: ``(A) Percentage of wages.--Subsection (a) shall be applied-- ``(i) in the case of wages paid or incurred by the employer during 2010, by substituting `7.5 percent' for `40 percent', and ``(ii) in the case of wages paid or incurred by the employer during 2011, by substituting `5 percent' for `40 percent'. ``(B) Qualified wages during 2010 and 2011 taken into account.--Subsection (b)(2) shall be applied by substituting `during 2010 and 2011' for `during the 1- year period beginning with the day the individual begins work for the employer'. ``(C) $75,000 wage limitation.--Subsection (b)(3) shall be applied by substituting `$75,000' for `$6,000'. ``(D) Double credit in counties with high unemployment.-- ``(i) In general.--In the case of an employer located in a county which is a high unemployment county for the month during which the employee begins work for the employer, clauses (i) and (ii) of subparagraph (A) shall be applied by substituting `15 percent' and `10 percent' for `7.5 percent' and `5 percent', respectively. ``(ii) High unemployment county.--For purposes of this subparagraph, the term `high unemployment county' means, with respect to any month, a county for which the rate of unemployment exceeds the national rate of unemployment (as determined by the Bureau of Labor Statistics of the Department of Labor). ``(E) Credit to apply for all 2011.--This subsection shall be applied without regard to subsection (c)(4)(B). ``(F) Certain rehires eligible.--Subection (i)(2) shall not apply to an individual whose employment with the employer was terminated before January 1, 2010.''. (b) Effective Date.--The amendments made by this section shall apply to employees hired after December 31, 2009.

Small Business Job Creation Act of 2010 - Amends the Internal Revenue Code to allow small business employers whose gross receipts in the preceding taxable year did not exceed $20 million or who did not employ more than 200 full-time employees a work opportunity tax credit for hiring unemployed individuals as full-time employees during 2010 or 2011. Doubles the rate of such credit for employers located in counties with high unemployment rates.

To amend the Internal Revenue Code of 1986 to encourage hiring unemployed individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multimodal Transportation Financing Act''. SEC. 2. TAX-EXEMPT FINANCING OF QUALIFIED HIGHWAY INFRASTRUCTURE. (a) Treatment as Exempt Facility Bond.--Subsection (a) of section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond) is amended by striking ``or'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, or'', and by adding at the end the following: ``(13) qualified highway infrastructure projects.''. (b) Qualified Highway Infrastructure Projects.--Section 142 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(k) Qualified Highway Infrastructure Projects.-- ``(1) In general.--For purposes of subsection (a)(13), the term `qualified highway infrastructure project' means a project-- ``(A) for the construction, reconstruction, or maintenance of a highway, including related startup costs, and ``(B) meeting the requirements of paragraph (2). ``(2) Project requirements.--A project meets the requirements of this paragraph if the project-- ``(A) serves the general public, ``(B) is located on publicly-owned rights-of-way, and ``(C) is publicly owned or the ownership of the highway constructed, reconstructed, or maintained under the project reverts to the public.'' (c) Exemption From General State Volume Caps.--Paragraph (3) of section 146(g) of the Internal Revenue Code of 1986 (relating to exception for certain bonds) is amended-- (1) by striking ``or (12)'' and inserting ``(12), or (13)'', and (2) by striking ``and environmental enhancements of hydroelectric generating facilities'' and inserting ``environmental enhancements of hydroelectric generating facilities, and qualified highway infrastructure projects''. (d) Exemption From Limitation on Use for Land Acquisition.--Section 147(c)(3) of the Internal Revenue Code of 1986 (relating to exception for certain land acquired for environmental purposes, etc.) is amended by striking ``or wharf'' both places it appears and inserting ``wharf, or qualified highway infrastructure project''. (e) Treatment of Certain Refunding Bonds.-- (1) In general.--Paragraph (2) of section 149(d) of the Internal Revenue Code of 1986 (relating to certain private activity bonds) is amended by inserting ``or any exempt facility bond issued as part of an issue described in paragraph (13) of section 142(a) (relating to qualified highway infrastructure projects)'' after ``other than a qualified 501(c)(3) bond''. (2) Special rules.--Paragraph (6) of section 149(d) of such Code is amended to read as follows: ``(6) Special rules for purposes of paragraph (3).--For purposes of paragraph (3)-- ``(A) bonds issued before October 22, 1986, shall be taken into account under subparagraph (A)(i) thereof except-- ``(i) a refunding which occurred before 1986 shall be treated as an advance refunding only if the refunding bond was issued more than 180 days before the redemption of the refunded bond, and ``(ii) a bond issued before 1986, shall be treated as advance refunded no more than once before March 15, 1986, and ``(B) a bond issued as part of an issue that is either the 1st or 2nd advance refunding of the original bond shall be treated as only the 1st advance refunding of the original bond if-- ``(i) at least 95 percent or more of the net proceeds of the original bond issue are to be used to finance a highway infrastructure project (regardless of whether the original bond was issued as a private activity bond), ``(ii) the original bonds and applicable refunding bonds are or are reasonably expected to be primarily secured by project-based revenues, and ``(iii) in any case in which-- ``(I) the original bonds or applicable refunding bonds are private activity bonds issued as part of an issue at least 95 percent or more of the net proceeds of which are to be used to finance a qualified highway infrastructure project described in section 142(a)(13), the refunding bonds of the issue and original bonds of the issue satisfy the requirements of section 147(b), or ``(II) the original bonds and applicable refunding bonds are not private activity bonds, the second generation advance refunding bonds of the issue (and any future bonds of the issue refunding such bonds) satisfy the requirements of section 147(b).''. (3) Special rule relating to maturity limitation.--Section 147(b) of such Code (relating to maturity limitations) is amended by adding at the end the following: ``(6) Special rule for certain highway infrastructure projects.-- ``(A) In general.--In the case of bonds of an issue described in section 149(d)(6)(B), the limit described in paragraph (1)(B) shall be reduced-- ``(i) in any case in which the original bonds or applicable refunding bonds are private activity bonds, by the remaining weighted average maturity of the escrowed bonds with respect to both the first and second generation advance refunding, and ``(ii) in any case in which the original bonds and applicable refunding bonds are not private activity bonds, by the remaining weighted average maturity of the escrowed bonds with respect to the second generation advance refunding. ``(B) Remaining weighted average maturity of escrowed bonds.--For purposes of subparagraph (A), the remaining weighted average maturity of the escrowed bonds is equal to the weighted average maturity, calculated as of the applicable refunding bond issue date-- ``(i) with respect to subparagraph (A)(i), of the applicable bonds advance refunded, and ``(ii) with respect to subparagraph (A)(ii), of the applicable bonds directly refunded by the second generation advance refunding bonds, and treating any date of actual early redemption as a maturity date for this purpose. (f) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of enactment of this Act. SEC. 3. MASS COMMUTING FACILITIES. (a) Exemption From State Volume Cap.--Section 146(g)(3) of the Internal Revenue Code of 1986 (relating to exception for certain bonds), as amended by section 2, is amended-- (1) by inserting ``(3),'' after ``(2),'', and (2) by inserting ``mass commuting facilities,'' after ``wharves,''. (b) Inclusion of Rolling Stock.--Section 142(c) of the Internal Revenue Code of 1986 (relating to airports, docks and wharves, mass commuting facilities and high-speed intercity rail facilities) is amended by adding at the end the following new paragraph: ``(3) Mass commuting facilities.--The term `mass commuting facilities' includes rolling stock related to such facilities.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of enactment of this Act. SEC. 4. MODIFICATION OF DEFINITION OF HIGH-SPEED INTERCITY RAIL FACILITIES. (a) In General.--Section 142(i)(1) of the Internal Revenue Code of 1986 (defining high-speed intercity rail facilities) is amended by striking `` and their baggage'' and all that follows and inserting ``on high speed rail corridors designated under section 104(d)(2) of title 23, United States Code, or on corridors using magnetic levitation technology.''. (b) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of enactment of this Act. SEC. 5. TAX-EXEMPT FINANCING OF INTERMODAL TRANSFER FACILITIES. (a) Treatment as Exempt Facility Bond.--Subsection (a) of section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond), as amended by section 2(a), is amended by striking ``or'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, or'', and by adding at the end the following: ``(14) intermodal transfer facilities.''. (b) Intermodal Transfer Facilities.--Section 142 of the Internal Revenue Code of 1986, as amended by section 2(b), is amended by adding at the end the following: ``(l) Intermodal Transfer Facilities.--For purposes of subsection (a)(14), the term `intermodal transfer facilities' means any facility for the transfer of people or goods between the same or different transportation modes.''. (c) Exemption From General State Volume Caps.--Paragraph (3) of section 146(g) of the Internal Revenue Code of 1986 (relating to exception for certain bonds), as amended by section 2(c), is amended-- (1) by striking ``or (13)'' and inserting ``(13), or (14)'', and (2) by striking ``and qualified highway infrastructure projects'' and inserting ``qualified highway infrastructure projects, and intermodal transfer facilities''. (d) Exemption From Limitation on Use for Land Acquisition.--Section 147(d)(3) of the Internal Revenue Code of 1986 (relating to exception for certain land acquired for environmental purposes, etc.), as amended by section 2(d), is amended by striking ``or qualified highway infrastructure project'' both places it appears and inserting ``qualified highway infrastructure project, or intermodal transfer facility''. (e) Conforming Amendments.--Subsection (c) of section 142 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or (11)'' both places it appears in paragraphs (1) and (2) and inserting ``, (11), or (14)'', and (2) by striking ``and High-Speed Intercity Rail Facilities'' in the heading thereof and inserting ``, High- Speed Intercity Rail Facilities, and Intermodal Transfer Facilities''. (f) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of enactment of this Act.

Multimodal Transportation Financing Act - Amends the Internal Revenue Code to: (1) provide for the treatment of qualified highway infrastructure project bonds as exempt facility bonds; (2) exclude mass commuting facilities from the definition of "private activity bond"; (3) modify the definition of high-speed intercity rail facilities; and (4) provide for the treatment of intermodal transfer facilities bonds as exempt facility bonds.

A bill to amend the Internal Revenue Code of 1986 to provide additional tax incentives for public-private partnerships in financing of highway, mass transit, high speed rail, and intermodal transfer facilities projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oceans and Human Health Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) The rich biodiversity of marine organisms provides society with an essential biomedical resource, a promising source of novel compounds with therapeutic potential, and a potentially important contribution to the national economy. (2) The diversity of ocean life and research on the health of marine organisms, including marine mammals and other sentinel species, helps scientists in their efforts to investigate and understand human physiology and biochemical processes, as well as providing a means for monitoring the health of marine ecosystems. (3) The oceans drive climate and weather factors causing severe weather events and shifts in temperature and rainfall patterns that affect the density and distribution of disease- causing organisms and the ability of public health systems to address them. (4) The oceans act as a route of exposure for human disease and illnesses through ingestion of contaminated seafood and direct contact with seawater containing toxins and disease- causing organisms. (5) During the past two decades, the incidence of harmful blooms of algae and hypoxia has increased in United States coastal waters, including the Great Lakes, and around the world, contaminating shellfish, causing widespread fish kills, threatening marine environmental quality and resulting in substantial economic losses to coastal communities. (6) Existing Federal programs and resources support research in a number of these areas, but gaps in funding, coordination, and outreach have impeded national progress in addressing ocean health issues. (7) National investment in a coordinated program of research and monitoring would improve understanding of marine ecosystems, allow prediction and prevention of marine public health problems and assist in realizing the potential of the oceans to contribute to the development of effective new treatments of human diseases and a greater understanding of human biology. (b) Purposes.--The purposes of this Act are to provide for-- (1) Presidential support and coordination of interagency ocean science programs; and (2) development and coordination of a comprehensive and integrated United States ocean, coastal, and Great Lakes research and monitoring program that will assist this Nation and the world to understand, use and respond to the role of the oceans in human health. SEC. 3. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH PROGRAM. (a) Coordination.--The President, through the National Science and Technology Council, shall coordinate and support a national research program to improve understanding of the role of the oceans in human health. (b) Implementation Plan.--Within 1 year after the date of enactment of this Act, the National Science and Technology Council, through the Director of the Office of Science and Technology Policy shall develop and submit to the Congress a plan for coordinated Federal activities under the program. Nothing in this subsection is intended to duplicate or supersede the activities of the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia established under section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note). In developing the plan, the Committee will consult with the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. Such plan will build on and complement the ongoing activities of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other departments and agencies and shall-- (1) establish, for the 10-year period beginning in the year it is submitted, the goals and priorities for Federal research which most effectively advance scientific understanding of the connections between the oceans and human health, provide usable information for the prediction of marine-related public health problems and use the biological potential of the oceans for development of new treatments of human diseases and a greater understanding of human biology; (2) describe specific activities required to achieve such goals and priorities, including the funding of competitive research grants, ocean and coastal observations, training and support for scientists, and participation in international research efforts; (3) identify and address, as appropriate, relevant programs and activities of the Federal agencies and departments that would contribute to the program; (4) consider and use, as appropriate, reports and studies conducted by Federal agencies and departments, the National Research Council, the Ocean Research Advisory Panel, the Commission on Ocean Policy and other expert scientific bodies; (5) make recommendations for the coordination of program activities with ocean and human health-related activities of other national and international organizations; and (6) estimate Federal funding for research activities to be conducted under the program. (c) Program Scope.--The program may include the following activities related to the role of oceans in human health: (1) Interdisciplinary research among the ocean and medical sciences, and coordinated research and activities to improve understanding of processes within the ocean that may affect human health and to explore the potential contribution of marine organisms to medicine and research, including-- (A) vector- and water-borne diseases of humans and marine organisms, including marine mammals and fish; (B) harmful algal blooms and hypoxia (through the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia); (C) marine-derived pharmaceuticals; (D) marine organisms as models for biomedical research and as indicators of marine environmental health; (E) marine environmental microbiology; (F) bioaccumulative and endocrine-disrupting chemical contaminants; and (G) predictive models based on indicators of marine environmental health or public health threats. (2) Coordination with the National Ocean Research Leadership Council (10 U.S.C. 7902(a)) to ensure that any integrated ocean and coastal observing system provides information necessary to monitor and reduce marine public health problems including health-related data on biological populations and detection of contaminants in marine waters and seafood. (3) Development through partnerships among Federal agencies, States, or academic institutions of new technologies and approaches for detecting and reducing hazards to human health from ocean sources and to strengthen understanding of the value of marine biodiversity to biomedicine, including-- (A) genomics and proteomics to develop genetic and immunological detection approaches and predictive tools and to discover new biomedical resources; (B) biomaterials and bioengineering; (C) in situ and remote sensors used to detect, quantify, and predict the presence and spread of contaminants in marine waters and organisms and to identify new genetic resources for biomedical purposes; (D) techniques for supplying marine resources, including chemical synthesis, culturing and aquaculturing marine organisms, new fermentation methods and recombinant techniques; and (E) adaptation of equipment and technologies from human health fields. (4) Support for scholars, trainees and education opportunities that encourage an interdisciplinary and international approach to exploring the diversity of life in the oceans. (d) Annual Report.--Beginning with the first year occurring more than 24 months after the date of enactment of this Act, the National Science and Technology Council, through the Director of the Office of Science and Technology Policy shall prepare and submit to the President and the Congress not later than January 31st of each year an annual report on the activities conducted pursuant to this Act during the preceding fiscal year, including-- (1) a summary of the achievements of Federal oceans and human health research, including Federally supported external research, during the preceding fiscal year; (2) an analysis of the progress made toward achieving the goals and objectives of the plan developed under subsection (b), including identification of trends and emerging trends; (3) a copy or summary of the plan and any changes made in the plan; (4) a summary of agency budgets for oceans and human health activities for that preceding fiscal year; and (5) any recommendations regarding additional action or legislation that may be required to assist in achieving the purposes of this title. SEC. 4. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OCEANS AND HUMAN HEALTH INITIATIVE. (a) Establishment.--As part of the interagency program planned and coordinated under section 3, the Secretary of Commerce is authorized to establish an Oceans and Human Health Initiative to coordinate and implement research and activities of the National Oceanic and Atmospheric Administration related to the role of the oceans, the coasts, and the Great Lakes in human health. In carrying out this section, the Secretary shall consult with other Federal agencies conducting integrated oceans and human health research and research in related areas, including the National Science Foundation. The Oceans and Human Health Initiative is authorized to provide support for-- (1) centralized program and research coordination; (2) an advisory panel; (3) one or more National Oceanic and Atmospheric Administration national centers of excellence; (4) research grants; and (5) distinguished scholars and traineeships. (b) Advisory Panel.--The Secretary is authorized to establish an oceans and human health advisory panel to assist in the development and implementation of the Oceans and Human Health Initiative. Membership of the advisory group shall provide for balanced representation of individuals with multi-disciplinary expertise in the marine and biomedical sciences. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the oceans and human health advisory panel. (c) National Centers.--(1) The Secretary is authorized to identify and provide financial support through a competitive process to develop, within the National Oceanic and Atmospheric Administration, for one or more centers of excellence that strengthen the capabilities of the National Oceanic and Atmospheric Administration to carry out its programs and activities related to the oceans' role in human health. (2) The centers shall focus on areas related to agency missions, including use of marine organisms as indicators for marine environmental health, ocean pollutants, marine toxins and pathogens, harmful algal blooms, hypoxia, seafood testing, drug discovery, and biology and pathobiology of marine mammals, and on disciplines including marine genomics, marine environmental microbiology, ecological chemistry and conservation medicine. (3) In selecting centers for funding, the Secretary will give priority to proposals with strong interdisciplinary scientific merit that encourage educational opportunities and provide for effective partnerships among the Administration, other Federal entities, State, academic, medical, and industry participants. (d) Extramural Research Grants.--(1) The Secretary is authorized to provide grants of financial assistance to the scientific community for critical research and projects that explore the relationship between the oceans and human health and that complement or strengthen programs and activities of the National Oceanic and Atmospheric Administration related to the ocean's role in human health. Officers and employees of Federal agencies may collaborate with, and participate in, such research and projects to the extent requested by the grant recipient. The Secretary shall consult with the oceans and human health advisory panel established under subsection (b) and may work cooperatively with other agencies participating in the interagency program under section 3 to establish joint criteria for such research and projects. (2) Grants under this subsection shall be awarded through a competitive peer-reviewed, merit-based process that may be conducted jointly with other agencies participating in the interagency program established in section 3 or under the National Oceanographic Partnership Program under section 7901 of title 10, United States Code. (e) Distinguished Scholars and Traineeships.--(1) The Secretary is authorized to designate and provide financial assistance to support distinguished scholars from academic institutions, industry, State governments, or other Federal agencies for collaborative work with National Oceanic and Atmospheric Administration scientists and facilities. (2) The Secretary of Commerce is authorized to establish a program to provide traineeships, training, and experience to pre-doctoral and post-doctoral students and to scientists at the beginning of their careers who are interested in the oceans in human health research conducted under the NOAA initiative. SEC. 5. PUBLIC INFORMATION AND OUTREACH. (a) Establishment.--The Secretary of Commerce, in consultation with other appropriate Federal agencies shall design and implement a national information and outreach program on potential ocean-related human health risks, including health hazards associated with the human consumption of seafood. Under such program, the Secretary shall-- (1) collect information on the incidence and locations of ocean-related health hazards and illnesses; (2) disseminate such information to any appropriate Federal or State agency, involved industries, and other interested persons; and (3) assess and make recommendations for observing systems to support the program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) NOAA Oceans and Human Health Initiative.--There are authorized to be appropriated to the Secretary of Commerce to carry out the National Oceanic and Atmospheric Administration Oceans and Human Health Initiative established under section 4, $12,000,000 for fiscal year 2005, $15,000,000 for fiscal year 2006, and $20,000,000 for each of fiscal years 2007 and 2008. Not less than 50 percent of the amounts appropriated to carry out the initiative for each fiscal year shall be utilized to support the programs described in subsections (d) and (e) of section 4. (b) Public Information.--There are authorized to be appropriated to the Secretary to carry out the public information and outreach program established under section 5, $3,000,000 for each of fiscal years 2005 through 2007. Passed the Senate March 24, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Oceans and Human Health Act - (Sec. 2) Provides for coordination and support of Federal interagency ocean science programs, including research on and monitoring of the role of oceans in human health. (Sec. 3) Directs the President, through the National Science and Technology Council (NSTC), to coordinate and support a national interagency oceans in human health research program to improve understanding of the role of oceans in human health. Directs the NSTC to submit to Congress a plan for coordinated action under the national research program. Requires the NSTC to report annually to the President and Congress on program activities. (Sec. 4) Authorizes the Secretary of Commerce (Secretary), as part of the interagency program , to establish an Oceans and Human Health Initiative to coordinate and implement NOAA research and activities related to the role of the oceans, the coasts, and the Great Lakes in human health. Authorizes the Secretary to establish an advisory panel. Authorizes the Secretary to provide financial assistance to: (1) one or more national centers of excellence to strengthen NOAA's oceans and human health programs and activities; and (2) support distinguished scholars from academic institutions, industry, State governments, or other Federal agencies for collaborative work with NOAA scientists and facilities. Authorizes the Secretary to: (1) provide grants for critical research and projects on oceans and human health; and (2) establish an oceans in human health traineeship program for scientists at the beginning of their careers. (Sec. 5) Directs the Secretary to design and implement a national information and outreach program on potential ocean-related human health risks, including those associated with seafood. (Sec. 6) Authorizes appropriations to the Secretary for: (1) FY 2005 through 2008, for the NOAA Oceans and Human Health Initiative; and (2) FY 2005 through 2007, for the public information and outreach program on potential ocean-related human health risks.

A bill to provide for Presidential support and coordination of interagency ocean science programs and development and coordination of a comprehensive and integrated United States research and monitoring program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern Wilderness Act of 1998''. SEC. 2. INCLUSION OF AREAS IN WILDERNESS SYSTEM. (a) Purpose and Intent.--In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is necessary to increase and expand the existing wilderness areas in the eastern United States. These wilderness areas shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness. As the bulk of wilderness lands exist in the western United States, the purpose and intent of this Act is to provide the means to designate additional qualifying lands as wilderness in the eastern United States. (b) Management.--The inclusion of an area of Federal lands in the National Wilderness Preservation System pursuant to this Act notwithstanding, the area shall continue to be managed by the department or agency having administrative jurisdiction thereover immediately before its inclusion in the National Wilderness Preservation System unless otherwise provided by Act of Congress. If the area was previously private or State land, the area shall be managed by the department or agency with the largest presence in the area. (c) Wilderness.--For purposes of this Act, a wilderness, in contrast with those areas where man and his own works dominate the landscape, is recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined as an area of undeveloped Federal, State, or private land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which-- (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) is east of the 100th meridian and has at least 500 acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value; and (5) if significantly trammeled by man, could otherwise qualify as wilderness through natural reclamation. For the purposes of this Act, the term ``natural reclamation'' means a process whereby, with minimal assistance or interference from man, land may in time, through the natural physical and biological processes of ecological succession, be restored to a state where man's imprint is substantially unnoticeable. (d) Scope of Act and Relationship to Other Law.--This Act shall apply only to lands east of the 100th meridian and nothing in this Act shall apply to any lands designated as components of the national wilderness preservation system before the enactment of this Act. SEC. 3. STUDY. The Secretary of Agriculture and the Secretary of the Interior are hereby directed to study and inventory all Federal lands of 500 acres or greater which are east of the 100th meridian and which qualify as wilderness according to the definition of wilderness in section 2(c) above. SEC. 4. REVIEW. (a) Study.--Within 10 years after the date of approval of this Act, the Secretary of Agriculture and the Secretary of the Interior shall review those areas identified as having wilderness characteristics during the inventory required in section 3 and shall from time to time report to the President their recommendation as to the suitability or nonsuitability of each such area for preservation as wilderness. (b) Procedure.-- (1) The Secretary of Agriculture and the Secretary of the Interior shall, prior to submitting any recommendations to the President with respect to the suitability of any area for preservation as wilderness-- (A) give such public notice of the proposed action as they deem appropriate, including publication in the Federal Register and in a newspaper having general circulation in the area or areas in the vicinity of the affected land; (B) hold a public hearing or hearings at a location or locations convenient to the area affected. The hearings shall be announced through such means as the respective Secretaries involved deem appropriate, including notices in the Federal Register and in newspapers of general circulation in the area: Provided, That if the lands involved are located in more than one State, at least one hearing shall be held in each State in which a portion of the land lies; and (C) at least 30 days before the date of a hearing, advise the Governor of each State and the governing board of each county in which the lands are located, and Federal departments and agencies concerned, and invite such officials and Federal agencies to submit their views on the proposed action at the hearing or by no later than 30 days following the date of the hearing. (2) Any views submitted to the appropriate Secretary under the provisions of paragraph (1) of this subsection with respect to any area shall be included with any recommendations to the President and to Congress with respect to such area. (c) Recommendation.--The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to designation as wilderness of each such area, together with a map thereof and a definition of its boundaries. Such advice by the President shall be given within 2 years of the receipt of each report from the Secretaries. A recommendation of the President for designation as wilderness shall become effective only if so provided by an Act of Congress. (d) Management of Study Areas.--During the period of review of such areas and until Congress has determined otherwise, the appropriate Secretary shall continue to manage such public lands under his authority under this Act and other applicable law in a manner so as not to impair the suitability of such areas for preservation as wilderness: Provided, That, in managing the public lands the Secretary shall by regulation or otherwise take any action required to prevent unnecessary or undue degradation of the lands and their resources or to afford environmental protection. Such lands shall continue to be subject to such appropriation during the period of review unless withdrawn by the Secretary under the procedures of section 204 of the Federal Land Policy and Management Act of 1976 for reasons other than preservation of their wilderness character. Once an area has been designated for preservation as wilderness under this Act, the provisions of this Act shall apply with respect to the administration and use of such designated area. SEC. 5. MANAGEMENT OF WILDERNESS AREAS. (a) In General.--Except as otherwise provided in this Act, each agency administering any area designated as wilderness under this Act shall be responsible for preserving the wilderness character of the area and shall so administer such area for such other purposes for which it may have been established as also to preserve its wilderness character. Except as otherwise provided in this Act, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use. (b) Commercial Enterprises, Roads, Structures, Etc.--Except as specifically provided for in this Act, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this Act and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within such area. (c) Special Provisions.--The following special provisions are hereby made: (1) Within wilderness areas designated by this Act, the use of aircraft or motorboats, where these uses have already become established, may be permitted to continue subject to such restrictions as the appropriate Secretary deems desirable. In addition, such measures may be taken as may be necessary in the control of fire, insects, and diseases, subject to such conditions as the Secretary deems desirable. (2) Nothing in this Act shall prevent, within wilderness areas designated by this Act, any activity, including prospecting, for the purpose of gathering information about mineral or other resources, if such activity is carried on in a manner compatible with the preservation of the wilderness environment. Furthermore, in accordance with such program as the Secretary of the Interior shall develop and conduct in consultation with the Secretary of Agriculture, such areas shall be surveyed on a planned, recurring basis consistent with the concept of wilderness preservation by the Geological Survey to determine the mineral values, if any, that may be present; and the results of such surveys shall be made available to the public and submitted to the President and Congress. (3) Within wilderness areas designated by this Act-- (A) the President may, within a specific area and in accordance with such regulations as he may deem desirable, authorize prospecting for water resources, the establishment and maintenance of reservoirs, water conservation works, power projects, transmission lines, and other facilities needed in the public interest, including the road construction and maintenance essential to development and use thereof, upon his determination that such use or uses in the specific area will better serve the interest of the United States and the people thereof than will its denial; and (B) the grazing of livestock, where established prior to the effective date of this Act, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary of Agriculture. (4) Commercial services may be performed within the wilderness areas designated by this Act to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas. (5) Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws. (6) Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish on public lands. SEC. 6. PRIVATE PROPERTY. (a) Private Property.--In any case where State owned or privately owned land is completely surrounded by public lands within areas designated by this Act as wilderness, such State or private owner shall be given such rights as may be necessary to assure adequate access to such State owned or privately owned land by such State or private owner and their successors in interest, or the State owned or privately owned land shall be exchanged for federally owned land in the same State of approximately equal value under authorities available to the appropriate Secretary: Provided, however, That the United States shall not transfer to a State or private owner any mineral interests unless the State or private owner relinquishes or causes to be relinquished to the United States the mineral interest in the surrounded land. (b) Access to Valid Occupancies.--In any case where valid mining claims or other valid occupancies are wholly within a designated wilderness area, the appropriate Secretary shall, by reasonable regulations consistent with the preservation of the area as wilderness, permit ingress and egress to such surrounded areas by means which have been or are being customarily enjoyed with respect to other such areas similarly situated. (c) Acquisition.--Subject to the appropriation of funds by Congress, the appropriate Secretary is authorized to acquire State owned or privately owned land in order to establish the wilderness area or lands within the boundaries of any area designated by this Act as wilderness if-- (1) the owner consents to such acquisition; and (2) the acquisition is specifically authorized by Congress. (d) Compensation.--Any private or State land taken by an Act of Congress pursuant to this Act will constitute a ``taking'' under the fifth amendment and the owner of the land shall be compensated at fair market value. SEC. 7. ACCEPTANCE OF GIFTS. (a) Land.--The appropriate Secretary may accept gifts or bequests of land within wilderness areas designated by this Act for preservation as wilderness. The Secretary may also accept gifts or bequests of land adjacent to wilderness areas designated by the Act for preservation as wilderness if he has given 60 days advance notice thereof to the President of the Senate and the Speaker of the House of Representatives. Land accepted by the Secretary under this section shall become part of the wilderness area involved. Regulations with regard to any such land may be in accordance with such agreements, consistent with the policy of this Act, as are made at the time of such gift, or such conditions, consistent with such policy, as may be included in, and accepted with, such bequest. (b) Private Contributions.--The Secretary of Agriculture or the Secretary of the Interior is authorized to accept private contributions and gifts to be used to further the purposes of this Act. SEC. 8. REPORT. At the opening of each session of Congress, the Secretaries of Agriculture and the Interior shall jointly report to the President for transmission to Congress on the status of the wilderness system, including a list and descriptions of the areas in the system, regulations in effect, and other pertinent information, together with any recommendations they may care to make.

Eastern Wilderness Act of 1998 - Directs the Secretaries of Agriculture and the Interior to: (1) study and inventory all Federal lands of 500 acres or more which are east of the 100th meridian and which may qualify as wilderness; (2) review those areas identified as having wilderness characteristics; and (3) report to the President their recommendation as to the suitability of each area for preservation as wilderness. Requires the President to advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to such areas. Provides for the management of such areas before and after designation as wilderness, requiring such areas to be devoted to recreational, scenic, scientific, educational, conservation, and historical use and prohibiting commercial enterprise and permanent roads within such areas (with specified exceptions, including the continuation of uses established before the designation). Authorizes continued access for private landowners whose land is surrounded by wilderness area. Authorizes the appropriate Secretary to: (1) acquire State or privately owned land to establish a wilderness area if the owner consents and the acquisition is specifically authorized by the Congress; and (2) accept gifts or bequests of land within wilderness areas. Requires, at the beginning of each congressional session, a joint report from the Secretaries to the President on the status of the wilderness system.

Eastern Wilderness Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Contract and Rate Expenditure Act of 2014'' or the ``Native CARE Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Federal health services to maintain and improve the health of American Indians and Alaska Natives are consonant with and required by the Federal Government's historical and unique legal relationship with, and resulting trust responsibility to, the American Indian and Alaska Native people. (2) The unmet health needs of American Indians and Alaska Natives are severe and the health status of American Indians and Alaska Natives is far below that of the general population of the United States, resulting in an average life expectancy for American Indians and Alaska Natives 4.2 years less than that for the all races population of the United States. (3) The Indian Health Service and tribal Purchased/Referred Care programs purchase primary and specialty care services from private health care providers when those services are not available at Indian Health Service or Tribal health facilities. (4) Available Purchased/Referred Care funds have been insufficient to ensure access to care for American Indians and Alaska Natives, resulting in rationed care and diagnosis and treatment delays that lead to the need for more intensive and expensive treatment, further reducing already scarce Purchased/ Referred Care funds. (5) In 2003, Congress amended title XVIII of the Social Security Act to require Medicare-participating hospitals to accept patients referred from the Indian Health Service and Tribal Purchased/Referred Care programs and to accept payment at no more than Medicare rates--the Medicare-like rate cap--for the services provided. (6) The Medicare-like rate cap only applies to hospital services, and does not apply to other types of Medicare- participating providers and suppliers. (7) Unlike other Federal health care programs, the Indian Health Service and Tribal Purchased/Referred Care programs continue to pay full billed charges for non-hospital services. (8) Because Purchased/Referred programs continue to pay full billed charges for non-hospital services, in many cases the Indian Health Service may only treat the most desperate ``Life'' or ``Limb'' cases, leading to many undesirable health outcomes for American Indians and Alaska Natives, and ultimately increasing costs to the Purchased/Referred Care programs. (9) On April 11, 2013, the Government Accountability Office released a report finding that capping Purchased/Referred Care reimbursement at Medicare-like rates for nonhospital services would enable the Indian Health Service to double the number of physician services provided by adding an additional 253,000 patient visits annually. SEC. 3. LIMITATION ON CHARGES FOR CERTAIN CONTRACT HEALTH SERVICES PROVIDED TO INDIANS BY MEDICARE PROVIDERS OF SERVICES AND SUPPLIERS. (a) Application to All Providers of Services.-- (1) In general.--Section 1866(a)(1)(U) of the Social Security Act (42 U.S.C. 1395cc(a)(1)(U)) is amended, in the matter preceding clause (i), by striking ``in the case of hospitals which furnish inpatient hospital services for which payment may be made under this title,''. (2) Regulations.--The Secretary of Health and Human Services shall promulgate regulations to account for the amendment made by paragraph (1). (3) Effective date.--The amendment made by paragraph (1) shall apply to Medicare participation agreements in effect (or entered into) on or after the date that is 90 days after the date of enactment of this Act. (b) Application to All Suppliers.-- (1) In general.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(r) Limitation on Charges for Certain Contract Health Services Provided to Indians by Suppliers.--No payment may be made under this title for an item or service furnished by a supplier (as defined in section 1861(d)) unless the supplier agrees (pursuant to a process established by the Secretary) to be a participating provider of medical and other health services both-- ``(1) under the Purchased/Referred Care program (formerly referred to as the `contract health services program') funded by the Indian Health Service and operated by the Indian Health Service, an Indian tribe, or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act), with respect to items and services that are covered under such program and furnished to an individual eligible for such items and services under such program; and ``(2) under any program funded by the Indian Health Service and operated by an urban Indian organization with respect to the purchase of items and services for an eligible urban Indian (as those terms are defined in such section 4), in accordance with regulations promulgated by the Secretary regarding payment methodology and rates of payment (including the acceptance of no more than such payment rate as payment in full for such items and services).''. (2) Effective date.--The amendment made by paragraph (1) shall apply to items and services furnished on or after the date that is 90 days after the date of enactment of this Act. (c) Limitation.--There shall be no reduction, offset, or limitation to any appropriations made to the Indian Health Service under the Indian Health Care Improvement Act (25 U.S.C. 1621 et seq.), the Act of November 2, 1921 (25 U.S.C. 13) (commonly known as the ``Snyder Act''), or any other provision of law as a result of the provisions of, including amendments made by, this Act. (d) Studies and Reports.-- (1) Study.--The Secretary of Health and Human Services (in this subsection referred to as the ``Secretary''), acting through the Director of the Indian Health Service, shall conduct a study on the impact of the amendments made by this section on access to care under the Purchased/Referred Care program of the Indian Health Service. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the results of the study conducted under paragraph (1), including recommendations for such legislation and administrative action as the Secretary determines appropriate. (3) Section 219(c) study and report.--Section 219(c) of the Indian Health Care Improvement Act (25 U.S.C. 1621r(c)) is amended by striking ``12 months after the date of the enactment of this section'' and inserting ``12 months after the date of the enactment of the Native Contract and Rate Expenditure Act of 2014, and biennially thereafter through 2020''.

Native Contract and Rate Expenditure Act of 2014 or the Native CARE Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to remove the restriction to hospitals furnishing inpatient Medicare services and allow all service providers to participate under: (1) the Purchased/Referred Care program (formerly called the contract health services program) funded and operated by the Indian Health Service (IHS), and (2) any program funded by IHS and operated by an urban Indian organization. Prohibits Medicare payment for an item or service furnished by a supplier unless the supplier agrees to participate under both such programs. Prohibits any reduction, offset, or limitation to any appropriations made to IHS under the Indian Health Care Improvement Act, the Snyder Act, or any other provision of law as a result of this Act. Directs the Secretary of Health and Human Services (HHS), acting through the Director of IHS, to study the impact of this Act on access to care under the IHS Purchased/Referred Care program.

Native CARE Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Lands Recreation Fee Authority Act''. SEC. 2. RECREATION FEES ON FEDERAL LANDS. (a) General Authority.--Except as provided in subsection (b): (1) The Secretary of the Interior is authorized to collect recreation fees, including entrance and use fees, on the following lands administered by the Secretary: (A) Units of the National Park System; (B) Units of the National Wildlife Refuge System; and (C) National monuments and national conservation areas administered by the Bureau of Land Management. (2) The Secretary of Agriculture is authorized to collect recreation fees, including entrance and use fees, on the following National Forest System lands administered by the Secretary: (A) National monuments; (B) National volcanic monuments; (C) National scenic areas; and (D) National recreation areas. (3) The Secretary of the Interior, with respect to lands administered by the Bureau of Land Management, and the Secretary of Agriculture, with respect to National Forest System lands, is also authorized to collect fees at areas not described in paragraphs (1) and (2) if-- (A) such area is managed primarily for outdoor recreation purposes and contains at least one major recreation attraction; (B) such area has had substantial Federal investments, as determined by the appropriate Secretary, in-- (i) providing facilities or services to the public; or (ii) restoring resource degradation caused by public use; and (C) public access to the area is provided in such a manner that entrance fees can be efficiently collected at one or more centralized locations. (5) The Secretary of the Interior or the Secretary of Agriculture, as appropriate, may reduce or waive any fee authorized under this Act, as appropriate. (6) For each unit or area collecting an entrance fee, the appropriate Secretary shall establish at least one day each year during periods of high visitation as a ``Fee Free Day'' when no entrance fee shall be charged. (7) No recreation fees of any kind shall be imposed or collected for outdoor recreation purposes on Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, except as provided in this Act. (b) Prohibition on Fees.--(1) No recreation fees shall be charged under this Act-- (A) for travel by private, noncommercial vehicle over any national parkway or any road or highway established as a part of the National Federal Aid System, as defined in section 101 of title 23, United States Code, which is commonly used by the public as a means of travel between two places, either or both of which are outside of the fee area; (B) for travel by private, noncommercial vehicle over any road or highway to any land in which a person has any property right if such land is within the unit or area at which recreation fees are charged; (C) for any person who has a right of access for hunting or fishing privileges under a specific provision of law or treaty; or (D for any person who is engaged in the conduct of official business within the unit or area at which recreation fees are charged. (2) Entrance fees shall not be charged-- (A) for any person under 16 years of age; (B) for admission of organized school groups or outings conducted for education purposes by schools or other bona fide educational institutions; (C) for any area containing deed restrictions on charging fees; (D) for any person entering a national wildlife refuge who is the holder of a valid migratory bird hunting and conservation stamp issued under section 2 of the Act of March 16, 1934 (16 U.S.C. 718b) (commonly known as the Duck Stamp Act); (E) for any person holding a valid Golden Eagle Passport, Golden Age Passport, Golden Access Passport, or for entrance to units of the National Park System, a National Parks Passport; and (F) at the following areas administered by the National Park Service: (i) U.S.S. Arizona Memorial; (ii) Independence National Historical Park; (iii) any unit of the National Park System within the District of Columbia or the Arlington House--Robert E. Lee National Memorial in Virginia; and (iv) any unit of the National Park System located in Alaska, with the exception of Denali National Park and Preserve (notwithstanding section 203 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 410hh-2)); and (G) in Smoky Mountains National Park, unless entrance fees are charged on main highways and thoroughfares, no fees shall be charged for entrance on other routes into the park, or any part thereof. (c) Fee Considerations.--(1) Recreation fees charged by the Secretary of the Interior or the Secretary of Agriculture shall be fair and equitable, taking into consideration-- (A) the direct and indirect cost to the Federal agency involved; (B) the benefits and services provided to the visitor; (C) the public policy and management objectives served; (D) costs to the visitor; (E) the effect of multiple fees charged within the same area; (F) fees charged at comparable sites by other public agencies; and (G) the economic and administrative feasibility of fee collection at the site. (2) The Secretary of the Interior and the Secretary of Agriculture shall work cooperatively to ensure that comparable fees and services are established on Federal lands under each Secretary's jurisdiction, and that guidelines for assessing the type and amount of recreation fees are consistent between areas under each Secretary's jurisdiction. (3) The Secretary of the Interior and the Secretary of Agriculture shall, to the extent practicable, seek to minimize multiple fees within specific units or areas. (d) Recreation Use Fees.--(1) The Secretary of the Interior and the Secretary of Agriculture may provide for the collection of recreation use fees where the Federal agency develops, administers, provides, or furnishes at Federal expense, specialized outdoor recreation sites, facilities, equipment, or services. (2) As used in this subsection, the term ``specialized outdoor recreation sites, facilities, equipment, or services'' includes-- (A) a developed campground; (B) a swimming site; (C) a boat launch facility; (D) a managed parking lot; (E) facility or equipment rental; (F) an enhanced interpretive program; (G) a reservation service; or (H) a transportation service. (3) Recreation use fees may not be charged for-- (A) general access to an area; (B) access to a visitor center; (C) a dispersed area with little or no Federal investment; (D) a scenic overlook or wayside; (E) drinking fountains or restrooms; (F) undeveloped parking; (G) picnic tables (when not part of a developed campground or recreation area); (H) special attention or extra services necessary to meet the needs of the disabled; or (I) any nonrecreational activity authorized under a valid permit issued under any other Act. (e) Special Recreation Permit Fee.--The Secretary of the Interior or the Secretary of Agriculture may require a special recreation permit and may charge a special recreation permit fee for recreation use involving a group activity, a commercial tour, a commercial aircraft tour, a recreation event, use by a motorized recreation vehicle, a competitive event, and an activity where a permit is required to ensure resource protection or public safety. SEC. 3. ANNUAL PASSES. (a) In General.--The Secretary of the Interior and the Secretary of Agriculture shall jointly establish procedures for the issuance of, and make available the following passes: (1) Golden eagle passport.--An annual admission permit, to be known as the ``Golden Eagle Passport'', to be valid for a period of one year for admission into any unit or area collecting an entrance fee under this Act. (2) Golden age passport.--A lifetime admission permit to any citizen of, or person domiciled in the United States sixty- two years of age or older, entitling the permittee to admission into any unit or area collecting an entrance fee under this Act. (3) Golden access passport.--A lifetime admission permit to any citizen of, or person domiciled in the United States who is blind or permanently disabled, to be issued without cost. (4) Other passes.--The Secretary of the Interior and the Secretary of Agriculture may develop such other annual, regional or site-specific passes as they deem appropriate. (b) Terms and Conditions.-- (1) Unless determined otherwise by the Secretary of the Interior and the Secretary of Agriculture, the passes authorized under this section shall be issued under the same terms and conditions as existed for such passes as of the date of enactment of this Act. (2) The Secretaries shall develop such terms and conditions for the passes authorized in this section as they deem necessary. (c) National Park Passport.--Nothing in this Act affects the authority of the Secretary of the Interior to issue national park passports, as authorized in title VI of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5991 et seq.). SEC. 4. ADMINISTRATION. (a) In General.--The Secretary of the Interior and the Secretary of Agriculture shall establish guidelines identifying the process by which the agencies under each Secretary's jurisdiction shall establish and change the amounts charged for any recreation fee, including entrance fees, recreation use fees, or special recreation permit fees collected under this Act. Such guidelines shall require that the agencies coordinate with each other, to the extent practicable, when establishing or changing fees. (b) Notice.--The Secretary of the Interior or the Secretary of Agriculture, as appropriate, shall post clear notice of any entrance fee and available passes at appropriate locations within each area where a recreation fee is charged. Notice shall also be included in publications distributed at the unit or area where the fee is collected. The Secretaries shall jointly take such actions as may be necessary to provide information to the public on all available passes authorized by this Act. (c) Notice of Recreation Fee Projects.--The Secretary of the Interior and the Secretary of Agriculture shall, to the extent practicable, post clear notice of where work is being done using fee revenues collected under this Act. (d) Fee Management Agreements.--Notwithstanding the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301 et seq.), the Secretary of the Interior and the Secretary of Agriculture may enter into fee management agreements, that provide for reasonable commissions or reimbursements, with any governmental or nongovernmental entities to provide fee collection and processing services, including visitor reservation services. (e) Volunteers.--The Secretary of the Interior and the Secretary of Agriculture may use volunteers, as appropriate, to collect fees and sell passes authorized by this Act. SEC. 5. EXPENDITURE OF FEES. (a) Special Account.--The Secretary of the Treasury shall establish a separate special account in the Treasury for each Federal agency collecting recreation fees under this Act. Amounts collected by each agency under this Act shall be deposited into its special account in the Treasury, and shall be available for expenditure by the appropriate agency, without further appropriation, to remain available until expended. (b) Distribution.-- (1) Eighty percent of the amounts collected at a specific unit or area shall remain available for expenditure without further appropriation, at the unit or area where the fees were collected, except that the Secretary of the Interior or the Secretary of Agriculture, as appropriate, may reduce the local allocation amount to not less than 60 percent of the fees collected if the Secretary determines that the unit or area's revenues in any specific fiscal year exceed its reasonable needs for which expenditures may be made. (2) Amount not retained at the site or area collecting the fee shall remain available for expenditure without further appropriation to the Federal agency administering the site, for distribution in accordance with national priority needs within such agency. (3) Revenues from the sale of annual passes shall be distributed in accordance with revenue sharing agreements developed by the Secretary of the Interior and the Secretary of Agriculture. (c) Use of Fee Revenues.--Amounts made available under subsection (b)(1) for expenditure at a specific unit or area shall be accounted for separately from amounts available under (b)(2). Both amounts shall be used for resource preservation, backlogged repair and maintenance projects (including projects related to health and safety), interpretation, signage, habitat for facility enhancement, law enforcement related to public use, maintenance, and direct operating or capital costs associated with the recreation fee program. SEC. 6. CONFORMING AMENDMENTS. (a) Repeal of Other Fee Authorities.--Section 4 of the Land and Water Conservation Fund Act (16 U.S.C. 4601-4a) and section 315 of Public Law 104-134, as amended (16 U.S.C. 4601-4a note), are repealed, except that the repeal of such provisions shall not affect the expenditure of revenues already obligated. All unobligated amounts as of the date of enactment of this Act shall be transferred to the appropriate special account established under this Act and shall be available as provided in this Act. (b) Federal and State Law Unaffected.--Nothing in this Act shall be construed-- (1) to authorize Federal hunting or fishing licenses or fees; (2) to authorize charges for commercial or other activities not related to recreation; (3) to affect any rights or authority of the States with respect to fish and wildlife; (4) to repeal or modify any provision of law that provides that any fees or charges collected at specific Federal areas be used for, or created to specific purposes or special funds as authorized by that provision of law; or (5) to repeal or modify any provision of law authorizing States or political subdivisions thereof to share in revenues from Federal lands.

Federal Lands Recreation Fee Authority Act - Authorizes the collection of recreation, use, and entrance fees on certain lands administered by the Secretary of the Interior and the Secretary of Agriculture.Prohibits the charging of recreation fees for: (1) travel over roads established as part of the National Federal Aid System; (2) travel by a person who has a property right to land within the unit in which recreation fees are charged; (3) any person who has a right of access for hunting or fishing privileges; and (4) any person engaged in official business.Prohibits the charging of entrance fees for: (1) persons under 16 years of age; (2) admission of organized school groups; (3) any area containing deed restrictions on charging fees; (4) persons holding a migratory bird hunting and conservation stamp under the Duck Stamp Act; (5) persons holding a Golden Eagle Passport, Golden Age Passport, Golden Access Passport, or National Parks Passport; and (6) specified National Park Service areas.Prohibits the charging of recreation use fees for: (1) general access to an area; (2) visitor centers; (3) dispersed areas with little Federal investment; (4) scenic overlooks or waysides; (5) drinking fountains or restrooms; (6) undeveloped parking; (7) picnic tables that are not part of a developed recreation area; and (8) services necessary for the disabled.Authorizes the issuance of annual passes, including the Golden Eagle Passport, Golden Age Passport, and Golden Access Passport.Repeals other fee authorities under the Land and Water Conservation Fund Act.

A bill to authorize the Secretary of the Interior and the Secretary of Agriculture to collect recreation fees on Federal lands, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Graduate Opportunities in Higher Education Act of 2003''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. JAVITS FELLOWSHIP PROGRAM. (a) Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is amended by adding at the end the following new sentence: ``In the case of other exceptional circumstances, such as active duty military service or personal or family member illness, the institution of higher education may also permit the fellowship recipient to interrupt periods of study for the duration of the tour of duty (in the case of military service) or not more than 12 months (in any other case), but without payment of the stipend.''. (b) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended-- (1) in the first sentence, by inserting ``from diverse geographic regions'' after ``higher education''; and (2) by adding at the end the following new sentence: ``The Secretary shall also assure that at least one representative appointed to the Board represents an institution that is eligible for a grant under title III or V of this Act.''. (c) Stipends.--Section 703 (20 U.S.C. 1134b(a)) is amended-- (1) in subsection (a)-- (A) by striking ``1999-2000'' and inserting ``2004- 2005''; (B) by striking ``shall be set'' and inserting ``may be set''; and (C) by striking ``Foundation graduate fellowships'' and inserting ``Foundation Graduate Research Fellowship Program''; and (2) in subsection (b), by amending paragraph (1)(A) to read as follows: ``(1) In general.--(A) The Secretary shall (in addition to stipends paid to individuals under this subpart) pay to the institution of higher education, for each individual awarded a fellowship under this subpart at such institution, an institutional allowance. Except as provided in subparagraph (B), such allowance shall be, for 2004-2005 and succeeding academic years, the same amount as the institutional payment made for 2003-2004 adjusted for 2004-2005 and annually thereafter in accordance with inflation as determined by the Department of Labor's Consumer Price Index for the previous calendar year.''. (d) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d) is amended by striking ``fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``fiscal year 2004 and such sums as may be necessary for each of the 5 succeeding fiscal years''. SEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED. (a) Designation of Areas of National Need; Priority.--Section 712 (20 U.S.C. 1135a) is amended-- (1) in the last sentence of subsection (b)-- (A) by striking ``and an assessment'' and inserting ``an assessment''; and (B) by inserting before the period at the end the following: ``, and the priority described in subsection (c) of this section''; and (2) by adding at the end the following new subsection: ``(c) Priority.--The Secretary shall establish a priority for grants in order to prepare individuals for the professoriate who will train highly-qualified elementary and secondary school teachers of math, science, and special education, and teachers who provide instruction for limited English proficient individuals. Such grants shall offer program assistance and graduate fellowships for-- ``(1) post-baccalaureate study related to teacher preparation and pedagogy in math and science for students who have completed a master's degree or are pursuing a doctorate of philosophy in math and science; ``(2) post-baccalaureate study related to teacher preparation and pedagogy in special education and English language acquisition and academic proficiency for limited English proficient individuals; and ``(3) support of dissertation research in the fields of math, science, special education, or second language pedagogy and second language acquisition.''. (b) Collaboration Required for Certain Applications.--Section 713(b) (20 U.S.C. 1135b) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by redesignating paragraph (10) as paragraph (11); and (3) by inserting after paragraph (9) the following new paragraph: ``(10) in the case of an application for a grant by a department, program, or unit in education or teacher preparation, contain assurances that such department, program, or unit collaborates with departments, programs, or units in all content areas to assure a successful combination of training in both teaching and such content; and''. (c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is amended-- (1) by striking ``1999-2000'' and inserting ``2004-2005''; (2) by striking ``shall be set'' and inserting ``may be set''; and (3) by striking ``Foundation graduate fellowships'' and inserting ``Foundation Graduate Research Fellowship Program''. (d) Additional Assistance.--Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amended-- (1) by striking ``1999-2000'' and inserting ``2004-2005''; and (2) by striking ``1998-1999'' and inserting ``2003-2004''. (e) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e) is amended by striking ``fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``fiscal year 2004 and such sums as may be necessary for each of the 5 succeeding fiscal years''. (f) Technical Amendments.--Section 714(c) (20 U.S.C. 1135c(c)) is amended-- (1) by striking ``section 716(a)'' and inserting ``section 715(a)''; and (2) by striking ``section 714(b)(2)'' and inserting ``section 713(b)(2)''. SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM. (a) Contract and Grant Purposes.--Section 721(c) (20 U.S.C. 1136(c)) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) to prepare such students for study at accredited law schools and assist them with the development of analytical skills and study methods to enhance their success and promote completion of law school;''; (2) by striking ``and'' at the end of paragraph (4); (3) by striking the period at the end of paragraph (5) and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(6) to award Thurgood Marshall Fellowships to eligible law school students-- ``(A) who participated in summer institutes authorized by subsection (d) and who are enrolled in an accredited law school; or ``(B) who are eligible law school students who have successfully completed a comparable summer institute program certified by the Council on Legal Educational Opportunity.''. (b) Services Provided.--Section 721(d)(1)(D) (20 U.S.C. 1136(d)(1)(D)) is amended by inserting ``in analytical skills and study methods'' after ``courses''. (c) Authorization of Appropriations.--Section 721(h) (20 U.S.C. 1136(h)) is amended by striking ``1999 and each of the 4 succeeding fiscal years'' and inserting ``2004 and each of the 5 succeeding fiscal years''. (d) General Provisions.--Subsection (e) of section 731 (20 U.S.C. 1137(e)) is repealed. SEC. 5. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION. (a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C. 1138(a)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) the encouragement of the reform and improvement of, and innovation in, postsecondary education and the provision of educational opportunity for all, especially for the non- traditional student populations;''; (2) in paragraph (2), by inserting before the semicolon at the end the following: ``for postsecondary students, especially those that provide academic credit for programs''; (3) by amending paragraph (3) to read as follows: ``(3) the establishment of institutions and programs based on the technology of communications, including delivery by distance education;''; and (4) by amending paragraph (6) to read as follows: ``(6) the introduction of institutional reforms designed to expand individual opportunities for entering and reentering postsecondary institutions and pursuing programs of postsecondary study tailored to individual needs;''. (b) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is amended by striking paragraph (4) and inserting the following: ``(4) International cooperation, partnerships, or student exchange among postsecondary educational institutions in the United States and abroad. ``(5) Establishment of academic programs including graduate and undergraduate courses, seminars and lectures, support of research, and development of teaching materials for the purpose of supporting faculty and academic programs that teach traditional American history (including significant constitutional, political, intellectual, economic, diplomatic, and foreign policy trends, issues, and documents; the history, nature, and development of democratic institutions of which American democracy is a part; and significant events and individuals in the history of the United States). ``(6) Support for planning, applied research, training, resource exchanges or technology transfers, the delivery of services, or other activities the purpose of which is to design and implement programs to enable institutions of higher education to work with private and civic organizations to assist communities to meet and address their pressing and severe problems, including economic development, community infrastructure and housing, crime prevention, education, healthcare, self sufficiency, and workforce preparation.''. (c) Authorization of Appropriations.--Section 745 (20 U.S.C. 1138d) is amended by striking ``$30,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$40,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 5 succeeding fiscal years'' . SEC. 6. URBAN COMMUNITY SERVICE. Part C of title VII (20 U.S.C. 1139 et seq.) is repealed. SEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A QUALITY HIGHER EDUCATION. (a) Serving All Students With Disabilities.--Section 762(a) (20 U.S.C. 1140a(a)) is amended by striking ``students with learning disabilities'' and inserting ``students with disabilities''. (b) Authorized Activities.-- (1) Amendment.--Section 762(b)(2) is amended-- (A) in subparagraph (A), by inserting ``in order to improve retention and completion'' after ``disabilities''; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (E), respectively; (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) Effective transition practices.--The development of innovative, effective, and efficient teaching methods and strategies to ensure the smooth transition of students with disabilities from high school to postsecondary education.''; and (D) by inserting after subparagraph (C) (as redesignated by subparagraph (B) of this paragraph) the following new subparagraph: ``(D) Distance learning.--The development of innovative, effective, and efficient teaching methods and strategies to provide faculty and administrators with the ability to provide accessible distance education programs or classes that would enhance access of students with disabilities to higher education, including the use of electronic communication for instruction and advisement.''. (2) Conforming amendment.--Section 762(b)(3) is amended by striking ``subparagraphs (A) through (C)'' and inserting ``subparagraphs (A) through (E)''. (c) Applications.--Section 763 (20 U.S.C. 1140b) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) a description of how such institution plans to address the activities allowed under this part;''; (2) by striking ``and'' at the end of paragraph (2); (3) by striking the period at the end of paragraph (3) and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(4) a description of the extent to which an institution will work to replicate the best practices of institutions of higher education with demonstrated success in serving students with disabilities.''. (d) Authorization of Appropriations.--Section 765 (20 U.S.C. 1140d) is amended by striking ``fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``fiscal year 2004 and such sums as may be necessary for each of the 5 succeeding fiscal years''. Passed the House of Representatives October 21, 2003. Attest: JEFF TRANDAHL, Clerk.

Graduate Opportunities in Higher Education Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to revise requirements for Graduate and Postsecondary Improvement Programs (title VII), and to reauthorize appropriations for some of such programs through FY 2009. (Sec. 2) Revises the Jacob K. Javits fellowship program. Directs the Secretary of Education to give grant priority to institutions of higher education (IHEs) for fellowships to students in advanced linguistic studies and courses that prepare teachers to teach students with limited English proficiency. Permits IHEs to allow fellowship recipients an interruption of study due to active duty military service or a personal or family member illness. Revises requirements for allocation of fellowships. Directs the Secretary to ensure that one member of the fellowship board will be from a minority-serving institution. Reauthorizes appropriations through FY 2009. (Sec. 3) Revises the program of graduate assistance in areas of national need. Directs the Secretary to give grant priority to IHEs to prepare mathematics, science and special education faculty who can train highly qualified mathematics, science, or special education teachers for service in elementary and secondary schools. Revises requirements relating to designation of areas of national need, stipends, and additional assistance. Reauthorizes appropriations through FY 2009. (Sec. 4) Revises requirements for the Thurgood Marshall legal educational opportunity program. Revises activities for which the Council on Legal Education Opportunity (CLEO) is to use program contract and grant funds provided by the Secretary to include: (1) assisting students to develop analytical skills and study methods; and (2) awarding such fellowships to eligible law school students who either participated in summer institutes and are enrolled in an accredited law school or have successfully completed a comparable summer institute certified by CLEO. Revises types of program services to provide that undergraduate preparatory courses be in analytical skills and study methods. Reauthorizes appropriations through FY 2009. (Sec. 5) Revises requirements for the Secretary's Fund for the Improvement of Postsecondary Education program contracts and grants. Authorizes consideration of applications for projects relating to: (1) the needs of nontraditional student populations; (2) distance education delivery through communications technology; and (3) expanded opportunities to enter and reenter postsecondary institutions and pursue study programs tailored to individual needs. Includes among special projects international partnerships with postsecondary institutions abroad. Reauthorizes appropriations through FY 2009. Eliminates continuation awards under certain parts of title VII of HEA. (Sec. 6) Eliminates the Urban Community Service program (part C of title VII of HEA). (Sec. 7) Revises requirements for demonstration projects to ensure that students with disabilities receive a quality higher education. Includes among authorized project activities developing innovative, effective, and efficient teaching methods and strategies to: (1) ensure such students' smooth transition from high school to postsecondary education; and (2) enable faculty and administrators to provide accessible distance education programs or classes to enhance such students' access to higher education. Requires project grant applications to describe how the IHE will work to replicate the best practices of IHEs with demonstrated success in serving students with disabilities. Reauthorizes appropriations through FY 2009.

To amend title VII of the Higher Education Act of 1965 to ensure graduate opportunities in postsecondary education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Fairness for Seniors Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Manufacturers of prescription drugs engage in price discrimination practices that compel many older Americans to pay substantially more for prescription drugs than consumers in foreign nations and the drug manufacturers' most favored U.S. customers, such as health insurers, health maintenance organizations, and the Federal Government. (2) Older Americans who buy their own prescription drugs often pay twice as much for prescription drugs as consumers in foreign nations and the drug manufacturers' most favored U.S. customers. In some cases, older Americans pay 10 times more for prescription drugs than such customers. (3) The discriminatory pricing by major drug manufacturers sustains their high profits (for example, $27,300,000,000 in 1999), but causes financial hardship and impairs the health and well-being of millions of older Americans. Many older Americans are forced to choose between buying their food and buying their medicines. (4) Foreign nations and U.S. federally funded health care programs use purchasing power to obtain prescription drugs at low prices. Medicare beneficiaries are denied this benefit and cannot obtain their prescription drugs at the lower prices available to such nations and programs. (5) Implementation of the policy set forth in this Act will reduce prices for brand name prescription drugs for many Medicare beneficiaries by an average of 40 percent. (6) In addition to substantially lowering the costs of prescription drugs for older Americans, implementation of the policy set forth in this Act will significantly improve the health and well-being of older Americans and lower the costs to the Federal taxpayer of the Medicare program. (7) Older Americans who are terminally ill and receiving hospice care services represent some of the most vulnerable individuals in our nation. Making prescription drugs available to Medicare beneficiaries under the care of Medicare-certified hospices will assist in extending the benefits of lower prescription drug prices to those most vulnerable and in need. (b) Purpose.--The purpose of this Act is to protect Medicare beneficiaries from discriminatory pricing by drug manufacturers and to make prescription drugs available to Medicare beneficiaries at substantially reduced prices. SEC. 3. PARTICIPATING MANUFACTURERS. (a) In General.--Each participating manufacturer of a covered outpatient drug shall make available for purchase by each pharmacy such covered outpatient drug in the amount described in subsection (b) at the price described in subsection (c). (b) Description of Amount of Drugs.--The amount of a covered outpatient drug that a participating manufacturer shall make available for purchase by a pharmacy is an amount equal to the aggregate amount of the covered outpatient drug sold or distributed by the pharmacy to Medicare beneficiaries. (c) Description of Price.--The price at which a participating manufacturer shall make a covered outpatient drug available for purchase by a pharmacy is a price no greater than the manufacturer's average foreign price. (d) Enforcement.--The United States shall debar a manufacturer of drugs or biologicals that does not comply with the provisions of this Act. SEC. 4. SPECIAL PROVISION WITH RESPECT TO HOSPICE PROGRAMS. For purposes of determining the amount of a covered outpatient drug that a participating manufacturer shall make available for purchase by a pharmacy under section 3, there shall be included in the calculation of such amount the amount of the covered outpatient drug sold or distributed by a pharmacy to a hospice program. In calculating such amount, only amounts of the covered outpatient drug furnished to a Medicare beneficiary enrolled in the hospice program shall be included. SEC. 5. ADMINISTRATION. The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to the Congress regarding the effectiveness of this Act in-- (1) protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers, and (2) making prescription drugs available to Medicare beneficiaries at substantially reduced prices. (b) Consultation.--In preparing such reports, the Secretary shall consult with public health experts, affected industries, organizations representing consumers and older Americans, and other interested persons. (c) Recommendations.--The Secretary shall include in such reports any recommendations the Secretary considers appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to Medicare beneficiaries. SEC. 7. DEFINITIONS. In this Act: (1) Average foreign price.-- (A) In general.--The term ``average foreign price'' means, with respect to a covered outpatient drug, the average price that the manufacturer of the drug realizes on the sale of drugs with the same active ingredient or ingredients that are consumed in covered foreign nations, taking into account-- (i) any rebate, contract term or condition, or other arrangement (whether with the purchaser or other persons) that has the effect of reducing the amount realized by the manufacturer on the sale of the drugs; and (ii) adjustments for any differences in dosage, formulation, or other relevant characteristics of the drugs. (B) Exempt transactions.--The Secretary may, by regulation, exempt from the calculation of the average foreign price of a drug those prices realized by a manufacturer in transactions that are entered into for charitable purposes, for research purposes, or under other unusual circumstances, if the Secretary determines that the exemption is in the public interest and is consistent with the purposes of this Act. (2) Covered foreign nation.--The term ``covered foreign nation' means Canada, France, Germany, Italy, Japan, and the United Kingdom. (3) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (4) Debar.--The term ``debar'' means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance. (5) Hospice program.--The term ``hospice program'' has the meaning given that term under section 1861(dd)(2) of the Social Security Act (42 U.S.C. 1395x(dd)(2)). (6) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, or both. (7) Participating manufacturer.--The term ``participating manufacturer'' means any manufacturer of drugs or biologicals that, on or after the date of the enactment of this Act, enters into a contract or agreement with the United States for the sale or distribution of covered outpatient drugs to the United States. (8) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 8. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States.

Prescription Drug Fairness for Seniors Act of 2001 - Requires each participating manufacturer of a covered outpatient drug to make it available for purchase by each pharmacy: (1) in an amount equal to the aggregate amount sold or distributed by the pharmacy to Medicare beneficiaries; and (2) at a price no greater than the manufacturer's average foreign price. Sets forth special provisions with respect to hospice programs.

To provide for substantial reductions in the price of prescription drugs for Medicare beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Access for Treatments Ideal in Enhancing New Therapies Act of 2015'', or the ``PATIENT Act of 2015''. SEC. 2. EXTENDED EXCLUSIVITY PERIOD FOR CERTAIN NEW DRUG APPLICATIONS AND ABBREVIATED NEW DRUG APPLICATIONS. (a) New Drug Applications.--Section 505(c)(3)(E) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)(3)(E)) is amended by adding at the end the following new clause: ``(vi) With respect to an application described in clause (iii) or a supplement to an application described in clause (iv), the three-year period specified in such clause shall be extended for an additional 24-month period if the person submitting such application or supplement provides documentation to the Secretary demonstrating that-- ``(I) the new clinical investigations essential to the approval of the application or supplement and conducted or sponsored by the person submitting the application or supplement support the approval of a new indication or use for the drug that is the subject of the application or supplement; or ``(II) the drug that is the subject of the application or supplement has been reformulated or redesigned so that the drug can reasonably (as determined by the Secretary in consultation with the person submitting such application or supplement) be expected-- ``(aa) to promote greater patient adherence to an approved treatment regime relative to the previously approved formulation or design of the drug; ``(bb) to reduce the public-health risks associated with the drug relative to the previously approved formulation or design of the drug; ``(cc) to reduce the manner or extent of side effects or adverse events associated with the previously approved formulation or design of the drug; ``(dd) to provide systemic benefits to the health-care system relative to the previously approved formulation or design of the drug; or ``(ee) to provide other patient benefits that are comparable to the benefits described in items (aa) through (dd).''. (b) Abbreviated New Drug Applications.--Section 505(j)(5)(F) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(F)) is amended by adding at the end the following new clause: ``(vi) With respect to an application described in clause (iii) or a supplement to an application described in clause (iv), the three-year period specified in such clause shall be extended for an additional 24- month period if the person submitting such application or supplement provides documentation to the Secretary demonstrating that-- ``(I) the new clinical investigations essential to the approval of the application or supplement and conducted or sponsored by the person submitting the application or supplement support the approval of a new indication or use for the drug that is the subject of the application or supplement; or ``(II) the drug that is the subject of the application or supplement has been reformulated or redesigned so that the drug may reasonably (as determined by the Secretary in consultation with the person submitting such application or supplement) be expected-- ``(aa) to promote greater patient adherence to an approved treatment regime relative to the previously approved formulation or design of the drug; ``(bb) to reduce the public-health risks associated with the drug relative to the previously approved formulation or design of the drug; ``(cc) to reduce the manner or extent of side effects or adverse events associated with the previously approved formulation or design of the drug; ``(dd) to provide systemic benefits to the health- care system relative to the previously approved formulation or design of the drug; or ``(ee) to provide other patient benefits that are comparable to the benefits described in items (aa) through (dd).''. (c) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate final regulations to carry out the amendments made by this section, including regulations establishing a process under which the Secretary consults with persons who claim eligibility for the extension provided by clause (vi) of subsection (c)(3)(E) or (j)(5)(F) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) (as added by subsections (a) and (b)) regarding how the drug that is the subject of such a claim may reasonably be expected to provide a benefit described in item (aa), (bb), (cc), (dd), or (ee) of clause (vi)(II) of each such subsection.

Promoting Access for Treatments Ideal in Enhancing New Therapies Act of 2015 or the PATIENT Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to extend to five years the three-year marketing exclusivity period provided to certain new drugs that include an active ingredient that was already approved by the Food and Drug Administration. A drug is provided this extended exclusivity period if it is approved for a new indication or use, or the drug has been reformulated or redesigned to: promote greater patient adherence to an approved treatment regime, reduce the public health risks associated with the drug, reduce side effects or adverse events, provide benefits to the health-care system, or provide other comparable patient benefits.

PATIENT Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identification Security Enhancement Act of 2006''. SEC. 2. REPEAL. Title II of the REAL ID Act of 2005 (division B of Public Law 109- 13; 49 U.S.C. 30301 note) is repealed. SEC. 3. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS. (a) Definitions.--In this section: (1) Driver's license.--The term ``driver's license'' means a motor vehicle operator's license (as defined in section 30301(5) of title 49, United States Code). (2) Personal identification card.--The term ``personal identification card'' means an identification document (as defined in section 1028(d)(3) of title 18, United States Code) issued by a State. (b) Standards for Acceptance by Federal Agencies.-- (1) In general.-- (A) Limitation on acceptance.--No Federal agency may accept, for any official purpose, a driver's license or personal identification card newly issued by a State more than 2 years after the promulgation of the minimum standards under paragraph (2) unless the driver's license or personal identification card conforms to such minimum standards. (B) Date for full conformance.-- (i) In general.--Except as provided under clause (ii), beginning on the date that is 5 years after the promulgation of minimum standards under paragraph (2), no Federal agency may accept, for any official purpose, a driver's license or personal identification card issued by a State unless such driver's license or personal identification card conforms to such minimum standards. (ii) Alternative date for full conformance.--If the Secretary of Homeland Security determines that it is impracticable for States to replace all State-issued driver's licenses and personal identification cards before the deadline set forth in clause (i), the Secretary of Homeland Security, in consultation with the Secretary of Transportation, may set a later, alternative deadline to the extent necessary for States to complete such replacement with reasonable efforts. (C) State certification.-- (i) In general.--Each State shall certify to the Secretary of Homeland Security that the State is in compliance with the requirements of this section. (ii) Frequency.--Certifications under clause (i) shall be made at such intervals and in such a manner as the Secretary of Homeland Security, with the concurrence of the Secretary of Transportation, may prescribe by regulation. (iii) Audits.--The Secretary of Homeland Security may conduct periodic audits of each State's compliance with the requirements of this section. (2) Minimum standards.--Not later than 12 months after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Transportation, shall by regulation, establish by minimum standards for driver's licenses or personal identification cards issued by a State for use by Federal agencies for identification purposes that shall include-- (A) standards for documentation required as proof of identity of an applicant for a driver's license or personal identification card; (B) standards for the verifiability of documents used to obtain a driver's license or personal identification card; (C) standards for the processing of applications for driver's licenses and personal identification cards to prevent fraud; (D) standards for information to be included on each driver's license or personal identification card, including-- (i) the person's full legal name; (ii) the person's date of birth; (iii) the person's gender; (iv) the person's driver's license or personal identification card number; (v) a photograph of the person; (vi) the person's address of principal residence; and (vii) the person's signature; (E) standards for common machine-readable identity information to be included on each driver's license or personal identification card, including defined minimum data elements; (F) security standards to ensure that driver's licenses and personal identification cards are-- (i) resistant to tampering, alteration, or counterfeiting; and (ii) capable of accommodating and ensuring the security of a photograph or other unique identifier; and (G) a requirement that a State confiscate a driver's license or personal identification card if any component or security feature of the license or identification card is compromised. (c) Negotiated Rulemaking.-- (1) In general.--Before publishing the proposed regulations required by subsection (b)(2) to carry out this title, the Secretary of Homeland Security shall establish a negotiated rulemaking process pursuant to subchapter IV of chapter 5 of title 5, United States Code (5 U.S.C. 561 et seq.). (2) Time requirement.--The process described in paragraph (1) shall be conducted in a timely manner to ensure that-- (A) any recommendation for a proposed rule or report-- (i) is provided to the Secretary of Homeland Security not later than 9 months after the date of enactment of this Act; and (ii) includes an assessment of the benefits and costs of the recommendation; and (B) a final rule is promulgated not later than 12 months after the date of enactment of this Act. (3) Representation on negotiated rulemaking committee.--Any negotiated rulemaking committee established by the Secretary of Homeland Security pursuant to paragraph (1) shall include equal numbers of representatives from-- (A) among State offices that issue driver's licenses or personal identification cards; (B) among State elected officials; (C) the Department of Transportation; and (D) among interested parties, including experts in privacy protection, experts in civil liberties and protection of constitutional rights, and experts in immigration law. (4) Content of regulations.--The regulations required by subsection (b)(2)-- (A) shall facilitate communication between the chief driver licensing official of a State, an appropriate official of a Federal agency and other relevant officials, to verify the authenticity of documents, as appropriate, issued by such Federal agency or entity and presented to prove the identity of an individual; (B) may not infringe on a State's power to set criteria concerning what categories of individuals are eligible to obtain a driver's license or personal identification card from that State; (C) may not require a State to comply with any such regulation that conflicts with or otherwise interferes with the full enforcement of State criteria concerning the categories of individuals that are eligible to obtain a driver's license or personal identification card from that State; (D) may not require a single design to which driver's licenses or personal identification cards issued by all States must conform; and (E) shall include procedures and requirements to protect the privacy rights of individuals who apply for and hold driver's licenses and personal identification cards. (F) shall include procedures and requirements to protect the federal and state constitutional rights and civil liberties of individuals who apply for and hold driver's licenses and personal identification cards; (G) shall not permit the transmission of any personally identifiable information except for in encrypted format; (H) shall provide individuals with procedural and substantive due process, including promulgating rules and rights of appeal, to challenge errors in data records contained within the databases created to implement this Act; (I) shall not permit private entities to scan the information contained on the face of a license, or in the machine readable component of the license, and resell, share or trade that information with any other third parties, nor shall private entities be permitted to store the information collected for any other than fraud prevention purposes; (J) shall not preempt state privacy laws that are more protective of personal privacy than the standards, or regulations promulgated to implement this Act; and (K) shall neither permit nor require verification of birth certificates until a nationwide system is designed to facilitate such verification. (d) Grants to States.-- (1) Assistance in meeting federal standards.--Beginning on the date a final regulation is promulgated under subsection (b)(2), the Secretary of Homeland Security shall award grants to States to assist them in conforming to the minimum standards for driver's licenses and personal identification cards set forth in the regulation. (2) Allocation of grants.--The Secretary of Homeland Security shall award grants to States under this subsection based on the proportion that the estimated average annual number of driver's licenses and personal identification cards issued by a State applying for a grant bears to the average annual number of such documents issued by all States. (3) Minimum allocation.--Notwithstanding paragraph (2), each State shall receive not less than 0.5 percent of the grant funds made available under this subsection. (4) Separate funding.--Funds appropriated for grants under this section may not be commingled with other grant funds administered by the Department of Homeland Security and may not be used for any purpose other than the purpose set forth in paragraph (1). (e) Extension of Effective Date.--The Secretary of Homeland Security may extend the date specified under subsection (b)(1)(A) for up to 2 years for driver's licenses issued by a State if the Secretary determines that the State made reasonable efforts to comply with the date under such subsection but was unable to do so. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Homeland Security $300,000,000 for each of the fiscal years 2007 through 2013 to carry out this Act.

Identification Security Enhancement Act of 2006 - Repeals title II of the Real ID Act of 2005. Directs the Secretary of Homeland Security to: (1) establish by regulation minimum standards for acceptance of state-issued driver's licenses and personal identification cards by federal agencies; (2) establish a negotiated rulemaking process before publishing such standards; and (3) award grants to states to assist them in conforming to such standards. Prohibits federal agencies from accepting state-issued driver's licenses and personal identification cards after specified deadlines unless such identification conforms to the minimum standards promulgated under this Act.

A bill to repeal title II of the REAL ID Act of 2005, to reinstitute the section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, which provides States additional regulatory flexibility and funding authorization to more rapidly produce tamper- and counterfeit-resistant driver's licenses and to protect privacy and civil liberties by providing interested stakeholders on a negotiated rulemaking with guidance to achieve improved 21st century licenses to improve national security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prisoner-of-War Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to -i-n -t-h-i-s -A-c-t as the ``Secretary'') shall issue not more than 1,500,000 one dollar coins which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (b) Design.--The design of such coins shall be emblematic of the experience of Americans who have been prisoners of war. On each such coin there shall be a designation of the value of the coin, an inscription of the year ``1993'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Legal Tender.--The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. SEC. 3. ISSUANCE OF THE COINS. (a) Commencement of Issuance.--The coins authorized and minted under this Act may be issued beginning January 15, 1994. (b) Termination of Authority.--The coins authorized and minted under this Act may not be minted after December 31, 1994. (c) Proof and Uncirculated Coins.--The coins authorized and minted under this Act may be issued in uncirculated and proof qualities and shall be struck at no more than one facility of the United States Mint. SEC. 4. SOURCE OF BULLION. The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Minerals Stock Piling Act (50 U.S.C. 98 et seq.). SEC. 5. SELECTION OF DESIGN. The design for the coins authorized by this Act shall be selected by the Secretary after consultation with the Commission of Fine Arts. As required by section 5135 of title 31, United States Code, the design shall also be reviewed by the Citizens Commemorative Coin Advisory Committee. 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 face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, and overhead expenses) and the surcharge provided for in subsection (d). (b) Bulk Sales.--The Secretary shall make bulk sales at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins issued under this Act prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount to reflect the benefit of prepayment. (d) Surcharges.--All sales of coins issued under this Act shall include a surcharge of $5 per coin. SEC. 7. USE OF SURCHARGES. An amount equal to the surcharges received by the Secretary from the sale of coins issued under this Act shall be made available or paid by the Secretary in the order that follows: (1) Amounts to be made available for construction of museum.--The Secretary of the Treasury shall make available to the Secretary of the Interior the first $3,000,000 for the construction of the Andersonville Prisoner-of-War Museum in Andersonville, Georgia. (2) Amounts to be paid to endowment fund.--After payment of the amount required by paragraph (1), the Secretary of the Treasury shall pay 50 percent of the remaining surcharges to the endowment fund created under section 8. (3) Amounts to be paid to maintain national cemeteries.-- After payment of the amount required by paragraph (1), the Secretary shall pay 50 percent of the remaining surcharges to the Secretary of Veterans Affairs for purposes of maintaining national cemeteries pursuant to chapter 24 of title 38, United States Code. SEC. 8. ENDOWMENT FUND. (a) Establishment.--There is established in the Department of the Interior an endowment fund (-h-e-r-e-i-n-a-f-t-e-r hereafter in this Act referred to as the ``fund'') to be administered by the Secretary of the Interior and to consist of the amounts deposited under subsection (b). (b) Deposit Into Fund.-- (1) Deposit from surcharges.--There shall be deposited into the fund such amounts that are paid by the Secretary under section 7(2). (2) Investment.--The Secretary shall have the authority to invest the portion of the fund that is not, in the determination of the Secretary, required to meet the current needs of the fund, in obligations of the United States or in obligations guaranteed as to the principal and interest by the United States. In making such investments, the Secretary shall select obligations having maturities suitable to the needs of the fund. (c) Expenditures.--The Secretary of the Interior may use the amounts deposited in the fund under this Act to pay for the maintenance of the Andersonville Prisoner-of-War Museum in Andersonville, Georgia. -S-E-C-. -9-. -C-O-I-N-A-G-E -P-R-O-F-I-T -F-U-N-D-. -(-a-) -D-e-p-o-s-i-t-s-.----A-l-l -a-m-o-u-n-t-s -r-e-c-e-i-v-e-d -f-r-o-m -t-h-e -s-a-l-e -o-f -c-o-i-n-s -i-s-s-u-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e -d-e-p-o-s-i-t-e-d -i-n -t-h-e -c-o-i-n-a-g-e -p-r-o-f-i-t -f-u-n-d-. -(-b-) -P-a-y-m-e-n-t-s-.----T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -p-a-y -t-h-e -a-m-o-u-n-t-s -a-u-t-h-o-r-i-z-e-d -u-n-d-e-r -t-h-i-s -A-c-t -f-r-o-m -t-h-e -c-o-i-n-a-g-e -p-r-o-f-i-t -f-u-n-d-. -(-c-) -E-x-p-e-n-d-i-t-u-r-e-s-.----T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -c-h-a-r-g-e -t-h-e -c-o-i-n-a-g-e -p-r-o-f-i-t -f-u-n-d -w-i-t-h -a-l-l -e-x-p-e-n-d-i-t-u-r-e-s -u-n-d-e-r -t-h-i-s -A-c-t-. SEC. 9. NUMISMATIC PUBLIC ENTERPRISE FUND. The coins issued under this Act are subject to the provisions of section 5134 of title 31, United States Code, relating to the Numismatic Public Enterprise Fund. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that the minting and issuance of the coins referred to in section 2 shall not result in any net cost to the Federal Government. (b) Payment for Coins.--No coin shall be issued under this Act unless the Secretary has received-- (1) full payment thereof; (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 Government. SEC. 11. 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 the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not apply with respect to any law relating to equal employment opportunity.

Prisoner-of-War Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of one-dollar coins emblematic of the experience of American prisoners of war. Requires that all sales of such coins include a surcharge of $5 per coin. Requires specified proceeds from such surcharges to be paid to the: (1) Secretary of the Interior for construction of the Andersonville Prisoner-of-War Museum in Andersonville, Georgia; (2) endowment fund established by this Act for the maintenance of such Museum; and (3) Secretary of Veterans Affairs to maintain national cemeteries. Declares that the coins issued under this Act are subject to specified law relating to the Numismatic Public Enterprise Fund.

Prisoner-of-War Commemorative Coin Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rural Economic Vitalization Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Rural vitalization program. Sec. 5. Effect of waiver of grazing permit or lease. SEC. 2. FINDINGS. Congress finds the following: (1) The use of Federal lands by grazing permittees and lessees for commercial livestock grazing is increasingly difficult due to growing conflicts with other legitimate multiple uses of the lands, such as environmental protection and burgeoning recreational use, and with congressionally mandated goals of wildlife and habitat protection and improved water quality and quantity. (2) A combination of sustained drought, foreign competition, changing domestic markets, industry restructuring, and individual ranch finances has resulted in Federal grazing permits and leases becoming stranded investments for many permittees and lessees. (3) Attempts to resolve grazing conflicts with other multiple uses often require extensive range developments, intensive herd management, and continuous monitoring that greatly increases costs to both permittees and lessees and taxpayers, far out of proportion to the benefit received. (4) Certain grazing allotments on Federal lands have, or are likely to become, unsuitable for commercial livestock production as a result of the combined effect of the factors referred to in paragraphs (1) through (3) and other factors. (5) The cost of the Federal grazing program greatly exceeds revenues to the Federal treasury from grazing receipts. (6) Many permittees and lessees have indicated their willingness to end their commercial livestock grazing on Federal lands in exchange for compensation to reasonably compensate them for the effort and investment that they have made in a grazing allotment. (7) Compensating permittees and lessees who relinquish their grazing permit or lease would help recapitalize an ailing sector of rural America by providing economic options to permittees and lessees that do not presently exist by allowing them to restructure their ranch operations, start new businesses, or retire with security. (8) Paying reasonable compensation for the relinquishment of a grazing permit or lease will help alleviate the need for permittees and lessees to sell or subdivide their private lands. SEC. 3. DEFINITIONS. In this Act: (1) Animal unit month.--The term ``animal unit month'' means the amount of forage needed to sustain one animal unit for one month, as determined by the Secretary issuing the grazing permit or lease. (2) Commercial livestock grazing.--The term ``commercial livestock grazing'' means the grazing of domestic livestock on Federal lands as authorized by a grazing permit or lease. The term does not include beasts of burden used for recreational purposes. (3) Grazing allotment.--The term ``grazing allotment'' means the designated portion of Federal land upon which domestic livestock are permitted to graze by a grazing permit or lease. (4) Grazing permit; lease.--The terms ``grazing permit or lease'' and ``grazing permit and lease'' mean any document authorizing the use of Federal lands for the purpose of commercial livestock grazing. (5) Permittee; lessee.--The terms ``permittee or lessee'' and ``permittee and lessee'' mean a livestock operator that holds a valid existing grazing permit or lease. (6) Range developments.--The term ``range developments'' means structures, fences, and other permanent fixtures placed on Federal lands for the furtherance of the purpose of grazing domestic livestock. The term does not include rolling stock, livestock and diversions of water from Federal lands onto non- Federal lands. (7) Secretaries.--The term ``Secretaries'' refers to the Secretary of Agriculture and the Secretary of Interior. (8) Secretary.--The term ``Secretary'' means the Secretary of Agriculture or the Secretary of the Interior, as appropriate to the administration of a grazing permit or lease. SEC. 4. RURAL VITALIZATION PROGRAM. (a) Waiver of Grazing Permit or Lease.-- (1) Acceptance by secretary.--Subject to the limitation set forth in subsection (c), the Secretary shall accept any grazing permit or lease that is waived by a grazing permittee or lessee. (2) Termination.--The Secretary shall terminate any grazing permit or lease acquired under paragraph (1). (3) No new grazing permit or lease.--With respect to each grazing lease or grazing permit waived under paragraph (1), the Secretary shall-- (A) not issue any new grazing permit or lease within the grazing allotment covered by the grazing permit or lease; and (B) ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing permit or lease. (b) Waiver of Grazing Permit or Lease on Common Allotments.-- (1) In general.--If a grazing allotment covered by a grazing permit or lease that is waived under subsection (a) is also covered by another grazing permit or lease that is not waived, the Secretary shall reduce the level of commercial livestock grazing on the grazing allotment to reflect the waiver. (2) Authorized level.--To ensure that there is a permanent reduction in the level of livestock grazing on the land covered by the grazing permit or lease waived under subsection (a), the Secretary shall not allow grazing to exceed the level established under paragraph (1). (c) Limitation.--The Secretaries shall accept not more than 100 grazing permits and leases, in the aggregate, per year under this section on a first come, first served basis. SEC. 5. EFFECT OF WAIVER OF GRAZING PERMIT OR LEASE. (a) Effect on Range Developments.--A permittee or lessee who waives a grazing permit or lease to the Secretary under section 4 shall be deemed to have waived any claim to all range developments on the associated grazing allotment, notwithstanding any other provision of law. (b) Securing Retired Allotments Against Unauthorized Use.--The Secretary shall ensure that grazing allotments retired from grazing under this Act are rendered reasonably secure from trespass grazing by domestic livestock. (c) Relation to Other Authority.--Nothing in this Act shall be construed to affect the Secretary's authority to modify or terminate grazing permits or leases in accordance with other law. (d) Relation to Valid Existing Rights.--Nothing in this Act affects the allocation, ownership, interest, or control, in existence on the date of the enactment of this Act, of any water, water right, or any other valid existing right held by the United States, Indian tribe, State, county, municipality or private individual, partnership or corporation.

Rural Economic Vitalization Act - Directs the Secretary of Agriculture (USDA) or the Secretary of the Interior to: (1) accept and terminate any grazing permit or lease that is waived by a grazing permittee or lessee; and (2) not issue any new grazing permit or lease within the grazing allotment covered by the retired permit or lease, and ensure a permanent end to livestock grazing on such allotment. Directs the appropriate Secretary, if a grazing allotment covered by a waived permit or lease is also covered by another permit or lease that is not waived, to reduce the level of commercial livestock grazing on the grazing allotment to reflect such waiver. Deems a permittee or lessee who waives a grazing permit or lease to have waived any claim to all range developments on the associated grazing allotment.

To authorize voluntary grazing permit retirement on Federal lands managed by the Department of Agriculture or the Department of the Interior where livestock grazing is impractical, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Electronic Equipment Donation Act of 2008''. SEC. 2. REQUIREMENT TO TRANSFER USEFUL FEDERAL ELECTRONIC EQUIPMENT TO EDUCATIONAL RECIPIENTS. (a) Transfer of Equipment to Educational Entities.-- (1) In general.--Each Federal agency shall identify useful Federal electronic equipment that the agency has determined is excess to its needs and-- (A) report such equipment to the Administrator of General Services for processing for transfer to an educational recipient in accordance with section 549 of title 40, United States Code; (B) transfer such equipment directly to an educational recipient, through an arrangement made by the Administrator of General Services under subsection (b); or (C) report such equipment to the Administrator of General Services as excess property if transfer under subparagraph (A) or (B) is not practicable. (2) Management of nontransferable equipment.--For equipment reported under paragraph (1)(C), the Administrator of General Services shall manage the equipment in accordance with subchapters II and III of title 40, United States Code. (3) Exception.--Equipment transferred pursuant to section 11(i) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710(i) is neither transferred pursuant to this Act nor subject to this Act's requirements. (b) Advance Reporting of Equipment to GSA.--Each Federal agency shall report to the Administrator of General Services the availability of useful Federal electronic equipment as far as possible in advance of the date the equipment is expected to become excess to its needs, so that the Administrator may attempt to arrange for the direct transfer from the donating agency to educational recipients. (c) Use of Nonprofit Refurbishers.--In transferring any equipment pursuant to this Act, at the request of the educational recipient and if appropriate, if the equipment is not classroom-usable, the transferring agency shall convey the equipment initially to a nonprofit refurbisher for upgrade before transfer to the educational recipient. (d) Removal of Data Before Transfer.--In transferring any equipment pursuant to this Act, the transferring agency shall remove data from the equipment prior to transfer to the educational recipient according to accepted sanitization procedures. To the maximum extent practicable, the transferring agency shall remove data using a means that does not remove, disable, destroy, or otherwise render unusable the equipment or components. (e) Preference.--In transferring any equipment pursuant to this Act, the transferring agency shall give the highest preference to educational recipients located in an enterprise community or empowerment zone designated under section 1391 or 1400 of the Internal Revenue Code of 1986, a qualifying small town, or a qualifying county. (f) Low Cost.--Any transfer made pursuant to this Act shall be made at the lowest cost to the educational recipient permitted by law. (g) Title.--Title of ownership of equipment transferred pursuant to this Act shall transfer to the educational recipient receiving the equipment. (h) Notice of Availability of Equipment.--The Administrator of General Services shall provide notice of the anticipated availability of useful Federal electronic equipment to educational recipients by all practicable means, including newspapers, community announcements, and the Internet. (i) Facilitation by Regional Federal Executive Boards.--The regional Federal Executive Boards (as that term is used in part 960 of title 5, Code of Federal Regulations) shall help facilitate the transfer of useful Federal electronic equipment from the agencies they represent to educational recipients under this Act. SEC. 3. RULEMAKING. The Administrator of General Services shall prescribe rules and procedures to carry out this Act. SEC. 4. EFFECT ON OTHER LAWS. This Act supersedes Executive Order No. 12999 of April 17, 1996. SEC. 5. RULE OF CONSTRUCTION. This Act may not be construed to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States or its agencies, officers, or employees. SEC. 6. DEFINITIONS. In this Act: (1) The term ``Federal agency'' means an Executive department or an Executive agency (as such terms are defined in chapter 1 of title 5, United States Code). (2) The term ``educational recipient'' means a school or a community-based educational organization. (3) The term ``school'' includes a pre-kindergarten program (as that term is used in the Elementary and Secondary Education Act of 1965), an elementary school, a secondary school, and a local educational agency (as those terms are defined in section 9101 of that Act.) (4) The term ``community based educational organization'' means a nonprofit entity that qualifies as a nonprofit educational institution or organization for purposes of section 501(c)(3) of the Internal Revenue Code of 1986 and-- (A) is engaged in collaborative projects, the primary focus of which is education, with schools, qualifying small towns, qualifying counties, or libraries; or (B) provides use of computers and Internet access to members of the community at no charge. (5) The term ``qualifying small town'' means a political subdivision with a population of not more than 24,999 individuals where 20 percent or more of the residents earn less than the poverty threshold (as defined by the Bureau of the Census). (6) The term ``qualifying county'' means a county where 20 percent or more of the residents earn less than the poverty threshold (as defined by the Bureau of the Census). (7) The term ``useful Federal electronic equipment''-- (A) means-- (i) computers and related peripheral tools (such as computer printers, modems, routers, and servers), including telecommunications and research equipment; (ii) fax machines; and (iii) any other electronic equipment determined by a Federal agency to be potentially useful to an educational recipient; and (B) includes computer software, where the transfer of a license is permitted. (8) The term ``classroom-usable'', with respect to useful Federal electronic equipment, means such equipment that does not require an upgrade of hardware or software in order to be used by an educational recipient without being first transferred under section 2(c) to a nonprofit refurbisher for such an upgrade. (9) The term ``nonprofit refurbisher'' means an organization that-- (A) is exempt from income taxes under section 501(c) of the Internal Revenue Code of 1986; and (B) upgrades useful Federal electronic equipment that is not yet classroom-usable at no cost or low cost to the ultimate educational recipient. SEC. 7. PREFERENCE IN DONATION OF PERSONAL PROPERTY THROUGH STATE AGENCIES. Section 549(e)(3)(B) of title 40, United States Code, is amended-- (1) by striking ``The state plan'' and inserting the following: ``(i) In general.--The state plan''; and (2) by adding at the end the following new clause: ``(ii) Preference.--The state plan of operation shall require the state agency to give the highest preference for electronic equipment to eligible institutions (as described in subsection (c)(3)) that are located in an enterprise community or empowerment zone designated under section 1391 or 1400 of the Internal Revenue Code of 1986, a political subdivision with a population of not more than 24,999 individuals where 20 percent or more of the residents earn less than the poverty threshold (as defined by the Bureau of the Census), or a county where 20 percent or more of the residents earn less than poverty threshold (as defined by the Bureau of the Census).''. SEC. 8. REPORT TO CONGRESS. (a) Report Required.--Not later than 18 months after the date of the enactment of this Act, the Administrator of General Services shall submit to Congress a report. (b) Contents of Report.--The report shall contain the following: (1) An inventory of items that Federal agencies identified as useful Federal electronic equipment that the agency has determined is excess to its needs in the first 365 days after the date of the enactment of this Act. (2) The number of such items that were-- (A) transferred to educational recipients pursuant to this Act; (B) transferred to other Federal agencies and organizations pursuant to section 521 of title 40, United States Code; (C) transferred to State agencies pursuant to section 549 of title 40, United State Code; or (D) disposed of through other means. (3) Recommendations for further legislation or administrative action that the Administrator considers appropriate to establish an effective system for transferring excess useful Federal electronic equipment to educational recipients. Passed the House of Representatives May 21, 2008. Attest: LORRAINE C. MILLER, Clerk.

Federal Electronic Equipment Donation Act of 2008 - Directs each federal agency to identify useful federal electronic equipment that the agency has determined is excess to its needs and to: (1) report such equipment to the Administrator of General Services for processing for transfer to an educational recipient in accordance with provisions relating to the donation of personal property through state agencies; (2) transfer such equipment directly to such a recipient by arrangement with the Administrator; or (3) report such equipment to the Administrator as excess property if transfer is not practicable. Provides procedures, in the transfer of such equipment, for refurbishing for classroom use and data removal. Requires transferring agencies to give the highest preference to educational recipients located in an enterprise community or empowerment zone designated under the Internal Revenue Code or a qualifying small town or county (those with certain levels of poverty). Requires state plans of operation for property transfers to give the same preference. Defines "educational recipient" as a school or community-based educational organization. Defines "federal electronic equipment" to include computers and peripheral equipment, fax machines, and software (where a license transfer is permitted). Requires a report to Congress from the Administrator on equipment inventories and transfers not later than 18 months after enactment of this Act. States that this Act supersedes Executive Order No. 12999 of April 17, 1996 (entitled "Educational Technology: Ensuring Opportunity for All Children in the Next Century").

To direct Federal agencies to transfer excess Federal electronic equipment, including computers, computer components, printers, and fax machines, to educational recipients.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National High Performance Passenger Rail Transportation-Oriented Development Act of 2012''. SEC. 2. TRANSPORTATION-ORIENTED DEVELOPMENT INITIATIVE. (a) Establishment.--The Secretary of Transportation (in this Act referred to as the ``Secretary'') shall establish an initiative to promote passenger rail operations and transportation-oriented development by creating incentives for communities to encourage dedicated revenue sources for urban and regional rail corridor development. (b) Implementation.--The Secretary shall appoint a Planning Developer to oversee implementation of this initiative. The Planning Developer shall report to the Secretary. (c) Coordinating Committee.--The Secretary shall harmonize planning requirements and direct coordination and administration of the initiative between the Federal Railroad Administration and the Federal Transit Administration. The Secretary shall appoint a Transportation- Oriented Development Coordinating Committee composed of the Planning Developer as Chair, the Administrator of the Federal Railroad Administration, and the Administrator of the Federal Transit Administration. SEC. 3. FEDERAL INCENTIVES. (a) Qualified Projects.-- (1) Criteria.--The Secretary shall establish criteria for the designation of projects qualified for Federal incentives pursuant to this section and the amendments made by this section. (2) Types of projects that may qualify.--Projects that may qualify for Federal incentives pursuant to this section and the amendments made by this section are those that contribute to the generation of revenue by the capture of increasing value from development around station areas, as defined by the Secretary, which are likely to make long-term contributions to rail corridor development funds or similar mechanisms that help finance intercity and urban passenger rail infrastructure or operating expenses. Such commercial development or other projects designated as qualified by the Secretary may generate revenue for transportation-oriented development and rail operations in the region by increasing the tax base, promoting job growth, promoting cost effectiveness, facilitating intermodal connectivity, combining congestion relief with station development, stimulating economic development, or any other appropriate means. The capture of increased value shall be through the establishment of special assessment districts or similar mechanisms, and distribution of revenues shall be through rail corridor development funds or similar mechanisms established within the regions. (3) Designated coordinating authority.--The Secretary shall designate a State authority, or regional commission in appropriate regions of the country as defined by the Secretary, that petitions the Secretary to participate in the initiative established under section 2. Such designated entity shall provide for coordination among stakeholders, local governments, and private developers in the defined region, and shall endorse each project of, and be the lead party in, an application for Federal incentives pursuant to this section and the amendments made by this section. (b) Railroad Rehabilitation Improvement Financing.--Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(7) persons conducting a qualified project (as defined in section 8 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2012).''; and (2) in subsection (b)(1)-- (A) by striking ``and'' at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(D) conduct a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2012.''. (c) Transportation Infrastructure Finance.--Section 601(a)(8) of title 23, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(E) a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2012).''. (d) Application Priority.--In general, Federal applications to the Federal Railroad Administration and Federal Transit Administration for railroad projects that participate in the transportation-oriented development program under this Act shall receive a priority for funding in the application decision process. (e) Administrative Costs.--For administrative costs to carry out this Act, including contracting with and support for the Planning Developer and transportation-oriented development initial administrative costs of the Federal Railroad Administration and Federal Transit Administration for the first 5 years, the Secretary may use such funds as necessary which are appropriated for carrying out chapter 6 of title 23, United States Code. (f) Revenue Neutral Program Cost.--The Secretary may establish a mechanism whereby amounts used under subsection (e) will be repaid to the Secretary for use in carrying out chapter 6 of title 23, United States Code. Repayment shall be derived from a small fee to all recipients of funding provided under subsection (e). The repayment shall commence upon substantial completion of qualified projects. SEC. 4. TECHNICAL ASSISTANCE. (a) National Technical Assistance.--The program established under this Act shall provide technical assistance to the States with respect to-- (1) identification of transportation-oriented development opportunities; (2) establishment of special assessment districts in regions; (3) establishment of rail corridor development funds; and (4) expediting Federal, State, and local regulatory approvals. (b) States and Regions Outside the Northeast Corridor.--The Secretary, through the initiative established by this Act, shall provide technical assistance to the States and regions outside the Northeast Corridor as identified by the Secretary, and shall provide-- (1) technical assistance on the establishment of Regional Advisory Committees appropriate to carrying out the purposes of this Act at the regional level; and (2) technical assistance at the request of a State or qualified entity provided by the Planning Developer that will identify stations and potential stations within a given region, and conduct a preliminary survey of property available and potentially available, to maximize development and commercial revenue generation to financially support the development of a high performance rail passenger corridor. (c) Northeast Corridor.--The Secretary, through the initiative established under this Act, shall provide technical assistance to the States and entities along the Northeast Corridor as identified by the Secretary-- (1) on the establishment, by the Northeast Corridor Infrastructure and Operations Advisory Commission established under section 24905 of title 49, United States Code, of a Northeast Corridor Transportation-Oriented Development Working Group, which shall-- (A) include outside members with expertise in transportation-oriented development; (B) be chaired by the Planning Developer; and (C) advise the Secretary and the Northeast Corridor Infrastructure and Operations Advisory Commission on the ways and means for carrying out the purposes of this Act at the regional level; and (2) technical assistance provided by the Planning Developer to the Secretary and identified States and entities, not more than one year after the date of enactment of this Act, that will identify Northeast Corridor stations and potential stations, and conduct a preliminary survey of property available and potentially available, to maximize development and commercial revenue generation to financially support the creation of a true high-speed rail corridor in the Northeast Corridor.

National High Performance Passenger Rail Transportation-Oriented Development Act of 2012 - Directs the Secretary of Transportation (DOT) to establish an initiative to promote passenger rail operations and transportation-oriented development by creating rail projects qualified for federal incentives for communities to encourage dedicated revenue sources for urban and regional rail corridor development. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to direct the Secretary to provide direct loans and loan guarantees for qualified rail projects. Authorizes the Secretary to make secured loans, loan guarantees, or lines of credit for such projects. Directs the Secretary to provide technical assistance to: (1) states to identify transportation-oriented development opportunities, (2) states and regions outside the Northeast Corridor to establish Regional Advisory Committees and identify stations and potential stations within the region to maximize development and commercial revenue generation to support financially the development of a high performance rail passenger corridor, and (3) states and entities along the Northeast Corridor to establish a Northeast Corridor Transportation-Oriented Development Working Group and identify Northeast Corridor stations and potential stations to maximize development and commercial revenue generation to support financially the creation of a true high-speed rail corridor in the Northeast Corridor.

To promote transportation-oriented development and encourage dedicated revenue sources for urban and regional rail corridor development.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Passenger Safety Enhancement Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) The screening of passengers and property at United States airports is, by law, the responsibility of airlines. (2) There are more than 18,000 airport security personnel in the United States who do the screening. (3) The security personnel are employed by private companies that perform the screening under contract with the airlines. The personnel are generally paid at rates that are at or only slightly above minimum wage. They receive minimal benefits. (4) The General Accounting Office has found that the average employment turnover rate for airport screening personnel at 19 major United States airports was 125 percent. The turnover rate in some cases was as high as 416 percent. (5) Other countries have registered employment turnover rates for airport screening personnel that are less than 50 percent, including Belgium, which has a turnover rate of four percent. (6) In addition to identifying the instability in the workforce of airport screening personnel, the General Accounting Office has found that insufficient security precautions are being taken at airport entrances and checkpoints where airport employees are screened, including entrances and checkpoints for ramp areas. (7) Investigators of the Office of the Inspector General of the Department of Transportation, in unannounced tests, have successfully gained access to supposedly secure areas of United States airports without proper credentials in 68 percent of those tests, and have then been able to board aircraft unchallenged 117 times. (8) The General Accounting Office has determined that undercover agents have been able to penetrate restricted areas of United States commercial airports with counterfeit or otherwise invalid badges or other credentials, giving those agents the opportunity (if they so intended) to carry weapons, explosives, chemical or biological agents, or other dangerous materials into those areas. SEC. 3. AIRPORT SECURITY STUDY. (a) Requirement for Study.--The Administrator of the Federal Aviation Administration shall carry out a comprehensive study to determine how the performance of security functions at airports in the United States should be organized and carried out, in cooperation with air carriers and airport administrators, to secure the safety of passengers and workers in all areas of airports and into the aircraft boarded at the airports. (b) Plan.--The Administrator shall develop a comprehensive plan for ensuring security at airports in the United States. The Administrator shall consider the results of the study under subsection (a) in developing the plan. (c) Report.--The Administrator shall submit a report on the results of the study, together with the plan, to Congress. The report shall include any recommendations for legislation that the Administrator considers necessary to achieve the objective stated in subsection (a). (d) Time for Completion.--The Administrator shall complete the study under subsection (a) and the development of the plan under subsection (b), and shall submit the report under subsection (c), not later than 30 days after the date of the enactment of this Act. SEC. 4. SCREENING OF AIR PASSENGERS AND PROPERTY BY FAA. (a) Requirement.--Section 44901 of title 49, United States Code, is amended-- (1) in the second sentence of subsection (a)-- (A) by inserting after ``used or operated by'' the following: ``an employee of the United States pursuant to subsection (d) (or by''; and (B) by inserting before the period at the end the following: ``before subsection (d) is fully implemented)''; and (2) by adding at the end the following: ``(d) Screening To Be Conducted by Federal Employees.--The screening of passengers and property under subsection (a) shall be carried out by employees of the Federal Aviation Administration or other employees of the United States. The Administrator may expand and prioritize the undertaking of screening responsibilities with respect to an airport based on the Administrator's assessment of the security threat to the airport.''. (b) Transition.--(1) The Administrator of the Federal Aviation Administration shall complete the full implementation of subsection (d) of section 44901 of title 49, United States Code (as added by subsection (a)), as soon as is practicable. The Administrator may make or continue such arrangements for the screening of passengers and property under that section as the Administrator determines necessary pending full implementation of subsection (d) of such section. (2) The Administrator shall promptly direct the operators of airports in the United States to make immediate arrangements for armed, uniformed law enforcement personnel to be stationed at passenger and property screening points in the airports to monitor the performance of screening at those points and to be stationed at airport employee security checkpoints in the airports. The Administrator shall require that the arrangements be maintained until full implementation of the plan developed under section 3(b). (c) Other Security Personnel.--(1) Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44939. Airport security personnel ``(a) Responsibilities of Federal Personnel.--At airports in the United States, employees of the United States shall perform all functions that relate to the security of passengers and airport personnel under the direction of the Administrator of the Federal Aviation Administration. ``(b) Source of Personnel.--In carrying out the responsibilities under subsection (a), the Administrator may-- ``(1) employ security personnel within the Federal Aviation Administration; ``(2) use security personnel detailed by other agencies of the United States; and ``(3) in cooperation with the Secretary of Transportation, establish any organization, including any Government corporation or Government controlled corporation (as defined in section 103 of title 5), that the Administrator determines appropriate and effective for employing and providing the security personnel for airports in the United States.''. (2) The analysis for subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following new item: ``44939. Airport security personnel.''. (d) Funding.--Section 45301 of title 49, United States Code, is amended-- (1) by adding at the end of subsection (a) the following new paragraphs: ``(3) Passenger and property screening under section 44901 of this title and other airport security services.''; and (2) by adding at the end of subsection (b) the following new paragraph: ``(3) Fee for security operations.--The fee imposed under subsection (a)(3) may not exceed $1.00 per domestic flight segment. Amounts collected under subsection (a)(3) are hereby made available for obligation and expenditure to carry out sections 44901 and 44939 of this title.''. SEC. 5. SMALL- AND MEDIUM-SIZE AIRPORTS. The Administrator of the Federal Aviation Administration shall develop a plan to provide small- to medium-size airports with technical support to enhance security operations, including screening operations, and to provide such airports with financial assistance to defray the costs of security enhancements.

Airline Passenger Safety Enhancement Act of 2001 - Directs the Administrator of the Federal Aviation Administration (FAA) to: (1) study how the performance of security functions at U.S. airports should be organized and carried out, in cooperation with air carriers and airport administrators, to secure the safety of passengers and workers in all areas of airports and in the aircraft boarded at such airports; and (2) develop a plan for ensuring security at U.S. airports.Amends Federal aviation law to require the screening of passengers and property that will be carried in an aircraft cabin to be performed by FAA employees or other U.S. employees. (Currently, screening is carried out by employees or agents of an air carrier, interstate air carrier, or foreign air carrier). Requires the Administrator to direct U.S. airport operators to make immediate arrangements for armed, uniformed law enforcement personnel to be stationed at passenger and property screening points at airports to monitor the performance of such screening and to be stationed at airport employee security checkpoints there.Requires U.S. employees under the direction of the FAA to perform all functions relating to security of passengers and airport personnel at U.S. airports. Imposes a fee of not more than $1 per domestic flight segment for such security operations.Directs the Administrator to develop a plan to provide small- to medium-size airports with technical support to enhance security operations, including financial assistance to defray their costs.

A bill to amend title 49, United States Code, to require that the screening of passengers and property on flights in air transportation be carried out by employees of the Federal Aviation Administration, and to assist small- to medium-size airports with security enhancements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Legislative Line Item Veto Act of 1995''. SEC. 2. ENHANCEMENT OF SPENDING CONTROL BY THE PRESIDENT. The Impoundment Control Act of 1974 is amended by adding at the end thereof the following new title: ``TITLE XI--LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY ``Part A--Legislative Line Item Veto Rescission Authority ``grant of authority and conditions ``Sec. 1101. (a) In General.--Notwithstanding the provisions of part B of title X and subject to the provisions of part B of this title, the President may rescind all or part of any budget authority, if the President-- ``(1) determines that-- ``(A) such rescission would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; ``(B) such rescission will not impair any essential Government functions; and ``(C) such rescission will not harm the national interest; and ``(2)(A) notifies the Congress of such rescission by a special message not later than 20 calendar days (not including Saturdays, Sundays, or holidays) after the date of enactment of a regular or supplemental appropriations Act or a joint resolution making continuing appropriations providing such budget authority; or ``(B) notifies the Congress of such rescission by special message accompanying the submission of the President's budget to Congress and such rescissions have not been proposed previously for that fiscal year. The President shall submit a separate rescission message for each appropriations bill under paragraph (2)(A). ``(b) Rescission Effective Unless Disapproved.--(1)(A) Any amount of budget authority rescinded under this title as set forth in a special message by the President shall be deemed canceled unless during the period described in subparagraph (B), a rescission disapproval bill making available all of the amount rescinded is enacted into law. ``(B) The period referred to in subparagraph (A) is-- ``(i) a Congressional review period of 20 calendar days of session under part B, during which Congress must complete action on the rescission disapproval bill and present such bill to the President for approval or disapproval; ``(ii) after the period provided in clause (i), an additional 10 days (not including Sundays) during which the President may exercise his authority to sign or veto the rescission disapproval bill; and ``(iii) if the President vetoes the rescission disapproval bill during the period provided in clause (ii), an additional 5 calendar days of session after the date of the veto. ``(2) If a special message is transmitted by the President under this section during any Congress and the last session of such Congress adjourns sine die before the expiration of the period described in paragraph (1)(B), the rescission shall not take effect. The message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the review period referred to in paragraph (1)(B) (with respect to such message) shall run beginning after such first day. ``definitions ``Sec. 1102. For purposes of this title the term `rescission disapproval bill' means a bill or joint resolution which only disapproves a rescission of budget authority, in whole, rescinded in a special message transmitted by the President under section 1101. ``Part B--Congressional Consideration of Legislative Line Item Veto Rescissions ``presidential special message ``Sec. 1111. Whenever the President rescinds any budget authority as provided in section 1101, the President shall transmit to both Houses of Congress a special message specifying-- ``(1) the amount of budget authority rescinded; ``(2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; ``(3) the reasons and justifications for the determination to rescind budget authority pursuant to section 1101(a)(1); ``(4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the rescission; and ``(5) all facts, circumstances, and considerations relating to or bearing upon the rescission and the decision to effect the rescission, and to the maximum extent practicable, the estimated effect of the rescission upon the objects, purposes, and programs for which the budget authority is provided. ``transmission of messages; publication ``Sec. 1112. (a) Delivery to House and Senate.--Each special message transmitted under sections 1101 and 1111 shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committees of the House of Representatives and the Senate. Each such message shall be printed as a document of each House. ``(b) Printing in Federal Register.--Any special message transmitted under sections 1101 and 1111 shall be printed in the first issue of the Federal Register published after such transmittal. ``procedure in senate ``Sec. 1113. (a) Referral.--(1) Any rescission disapproval bill introduced with respect to a special message shall be referred to the appropriate committees of the House of Representatives or the Senate, as the case may be. ``(2) Any rescission disapproval bill received in the Senate from the House shall be considered in the Senate pursuant to the provisions of this section. ``(b) Floor Consideration in the Senate.-- ``(1) Debate in the Senate on any rescission disapproval bill and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(2) Debate in the Senate on any debatable motion or appeal in connection with such a bill shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of the bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(3) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 1, not counting any day on which the Senate is not in session) is not in order. ``(c) Point of Order.--(1) It shall not be in order in the Senate or the House of Representatives to consider any rescission disapproval bill that relates to any matter other than the rescission of budget authority transmitted by the President under section 1101. ``(2) It shall not be in order in the Senate or the House of Representatives to consider any amendment to a rescission disapproval bill. ``(3) Paragraphs (1) and (2) may be waived or suspended in the Senate only by a vote of three-fifths of the members duly chosen and sworn.''.

Legislative Line Item Veto Act of 1995 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority, if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Makes such a rescission effective unless the Congress, during a review period, enacts a rescission disapproval bill.

Legislative Line Item Veto Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Medicare Subvention Demonstration Project Act''. SEC. 2. ESTABLISHMENT OF VETERANS MEDICARE SUBVENTION DEMONSTRATION PROJECT. (a) Definitions.--For purposes of this section: (1) Medicare-eligible veteran.--The term ``medicare- eligible veteran'' means a veteran who-- (A) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); and (B) is enrolled in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.). (2) Veteran.--The term ``veteran'' has the meaning given that term in section 101(2) of title 38, United States Code. (3) Veteran integrated service network.--The term ``Veteran Integrated Service Network'' means a field component of the Veterans Health Administration that-- (A) is based on a geographic area which encompasses a population of veteran beneficiaries and is defined on the basis of natural patient referral patterns; and (B) provides health care through strategic alliances among Department of Veterans Affairs medical centers, clinics, and other sites. (4) Secretaries.--The term ``Secretaries'' means the Secretary of Veterans Affairs and the Secretary of Health and Human Services acting jointly. (b) Establishment of Demonstration Project.-- (1) Establishment.--The Secretary of Veterans Affairs and the Secretary of Health and Human Services shall jointly establish a demonstration project to provide the Department of Veterans Affairs with reimbursement, in accordance with this section, from the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for health care services provided to medicare-eligible veterans who participate in the demonstration project and receive the health care services through a managed care plan established by the Secretary of Veterans Affairs under subsection (f). (2) Location of demonstration project.--The Secretaries shall conduct the demonstration project in not more than three Veteran Integrated Service Networks. (3) Duration.--The Secretaries shall conduct the demonstration project during the three-year period beginning on January 1, 1997. (c) Expansion of Demonstration Project.--The Secretaries shall include in the demonstration project a provision for expanding the demonstration project to incorporate health care services provided to medicare-eligible veterans under fee-for-service arrangements if the Secretaries determine that such expansion of the demonstration project is feasible and advisable. (d) Payment to Department of Veterans Affairs.-- (1) Payment required.--The Secretary of Health and Human Services shall make monthly payments to the Department of Veterans Affairs from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (allocated by the Secretary of Health and Human Services between each Trust Fund based on the relative weight that benefits from each Trust Fund contribute to the required payment) in an amount equal to one-twelfth of the amount determined under subsection (b) for each medicare-eligible veteran enrolled during the year in a managed care plan established by the Secretary of Veterans Affairs under subsection (f), but only if such veteran's enrollment is in excess of the minimum enrollment number determined under subsection (e)(1) for the geographic region. (2) Amount determined.--The amount determined under paragraph (1) is an amount equal to 93 percent of the average adjusted per capita cost determined under section 1876(a)(4) of the Social Security Act (42 U.S.C. 1395mm(a)(4)) for the year. (e) Establishment of Minimum and Maximum Enrollment Levels.-- (1) Minimum.--Based on the best available data, the Secretaries shall establish a minimum enrollment number of medicare-eligible veterans who are required to enroll in a managed care plan established by the Secretary of Veterans Affairs under subsection (f) during a year for each Veteran Integrated Service Network in which the demonstration project is conducted before the Department of Veterans Affairs may receive payment under subsection (d). (2) Maximum.--The Secretaries shall establish a maximum number of medicare-eligible veterans for which payment may be made by the Secretary of Health and Human Services under subsection (a). (3) Determination of baseline costs.--Before the establishment of the demonstration project, the Secretaries shall establish the minimum and maximum enrollment numbers so that-- (A) the expenditures by the Department of Veterans Affairs for such number of medicare-eligible veterans is equivalent to the projected expenditures that would have been made by the Department for such veterans if the demonstration project had not been established; and (B) the cost to the medicare program under the demonstration project does not exceed the cost that the medicare program would otherwise incur with respect to the medicare-eligible veterans participating in the demonstration project in the absence of the project. (f) Establishment of Managed Health-Care Plan.-- (1) Establishment.--As part of the demonstration project, the Secretary of Veterans Affairs shall establish and operate a managed health-care plan through which medicare-eligible veterans who participate in the demonstration project shall receive health care. The plan shall be operated by or through a Department of Veterans Affairs health-care facility or group of facilities and may include the provision of health services through other public or private entities under arrangements made between that Department facility or group of facilities and the other public or private entity concerned. The managed health care plan shall be established and operated in conformance with standards prescribed by the Secretary of Veterans Affairs after consultation with the Secretary of Health and Human Services. (2) Enrollment fee waiver.--The Secretary of Veterans Affairs shall waive any enrollment fee applicable to any medicare-eligible veteran enrolled in the managed care plan under paragraph (1) for whom reimbursement is provided under subsection (e). (3) Treatment of payments.--Payments received under subsection (e) with respect to care or services provided to a veteran enrolled in the health-care plan under this subsection shall be credited to the applicable Department of Veterans Affairs medical appropriation and shall be used to pay for the costs of furnishing care and services under paragraph (1). (g) Reporting Requirements.--Not later than 15 months after the establishment of the demonstration project, and then not later than 90 days after the end of the demonstration project, the Secretaries shall submit to Congress a report containing the following: (1) The number of medicare-eligible veterans opting to participate in the demonstration project established under this section instead of receiving health benefits through another health insurance plan (including through the medicare program or other health care options of the Veterans Health Administration). (2) An analysis of whether, and in what manner, easier access to the Veterans Health Administration affects the number of medicare-eligible veterans receiving health benefits under the medicare program. (3) A list of the health insurance plans and programs that were the primary payers for medicare-eligible veterans during the year prior to their participation in the demonstration project and the distribution of their previous enrollment in such plans and programs. (4) An identification of cost-shifting (if any) among medical care programs as a result of the demonstration project and a description of the nature of any such cost-shifting. (5) An analysis of how the demonstration project affects the overall accessibility of the Veterans Health Administration and the amount of space available for point-of-service care and a description of the unintended effects (if any) upon the normal treatment priority system. (6) A description of the difficulties (if any) experienced by the Department of Veterans Affairs in managing the demonstration project. (7) A description of the effects of the demonstration project on readiness and training of facilities of the Veterans Health Administration and the probable effects of the project on overall Veterans Health Administration medical readiness and training. (8) A description of the effects that the demonstration project, if permanent, would be expected to have on the overall budget of the Veterans Health Administration and the budgets of individual treatment facilities. (9) An analysis of whether the demonstration project affects the cost to the Department of Veterans Affairs of prescription drugs or the accessibility, availability, and cost of such drugs to veterans. (h) Review by Comptroller General.--Not later than December 31 each year in which the demonstration project is conducted, the Comptroller General shall determine and submit to the Secretaries and Congress a report on the extent, if any, to which the costs of the Secretary of Veterans Affairs under the demonstration project and the costs of the Secretary of Health and Human Services under the medicare program have increased as a result of the project. (i) Demonstration Project Adjustments Following Review.--Based on the review prepared under subsection (h), the Secretaries shall modify the demonstration project at the end of each year to correct for any discrepancy between cost targets and actual spending under the demonstration project. From funds available to the Secretary of Veterans Affairs for the Veterans Health Administration, the Secretary of Veterans Affairs shall reimburse the Secretary of Health and Human Services for any excess costs incurred by the medicare program in violation of subsection (e)(3)(B).

Veterans Medicare Subvention Demonstration Project Act - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Veterans Affairs with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health care services provided to certain Medicare-eligible veterans. Requires the Secretaries to conduct the project: (1) in not more than three Veterans Integrated Service Networks; and (2) during the three-year period beginning on January 1, 1997. Requires the Secretaries to include a provision for expanding the project to incorporate health care services provided to Medicare-eligible veterans under fee-for-service arrangements if the Secretaries determine that such expansion is feasible and advisable. Directs the HHS Secretary to make monthly payments to the Department from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretaries to: (1) establish a minimum and maximum enrollment level for veteran participants in the project; and (2) determine baseline costs of such care and coverage. Directs the VA Secretary to: (1) establish and operate a managed health-care plan through which Medicare-eligible veterans who participate in the project receive health care; and (2) waive any enrollment fee for such participants. Directs the Secretaries to report to the Congress concerning specified project participation, findings, and results. Directs the Comptroller General, for each year of the project, to report to the Secretaries and the Congress on the extent to which the costs of the Secretaries have increased as a result of the project. Requires the Secretaries to modify the project following such reviews to correct any discrepancies between project cost targets and actual spending.

Veterans Medicare Subvention Demonstration Project Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Health Care Board Act of 2007''. SEC. 2. FEDERAL HEALTH CARE BOARD. (a) Federal Health Care Board.-- (1) Establishment.-- (A) In general.--There is established an independent agency in the executive branch of the United States Government to be known as the Federal Health Care Board (in this section referred to as the ``Board''). (B) Composition.--The Board shall be composed of-- (i) the members of the Board of Governors described in paragraph (3); and (ii) the members of the 12 Regional Boards described in paragraph (4)(B). (2) Duties of board.-- (A) Access, quality, and cost.--The Board shall-- (i) ensure that Americans have access to health insurance and provide certain basic facts about health care services prior to receiving the care; (ii) ensure providers are delivering safe, evidence-based, high quality care, and are transparent about pricing through disclosure of actual costs; (iii) demand transparency for disclosure of actual costs and pricing from providers and payers through an information clearinghouse; (iv) establish-- (I) a national standard for a basic health insurance plan, including a basic minimum policy and the regional cost for such policy; (II) a national protocol and standard for secure, universal, and individual electronic medical record; (III) loan forgiveness programs for health care providers who serve in underserved areas; (IV) scholarship programs for health care providers who serve in underserved areas; (V) a national standard for public health services, including safety net providers; and (VI) model dispute resolution procedures for malpractice claims that States may adopt; and (v) carry out the activities as provided under paragraph (4). (B) Monitoring.--The Board shall monitor progress toward the objectives identified in subparagraph (A). (3) Board of governors.-- (A) Number.--The Board of Governors shall be composed of 12 members who shall be appointed by the President with the advice and consent of the Senate, of whom 1 shall be appointed from each of the 12 regions described in paragraph (4)(A). The President shall appoint individuals to serve on the Board of Governors not later than 180 days after the date of enactment of this Act. (B) Terms.-- (i) In general.--A member of the Board of Governors shall be appointed for a term of 14 years. (ii) Limitation.--A member of the Board of Governors shall not be eligible for reappointment if such individual served a full term of 14 years. (C) Chairperson; vice-chairperson.-- (i) In general.--The President shall appoint, with the advice and consent of the Senate, 1 member of the Board of Governors to be Chairperson of the Board, and 1 member of such Board to be Vice-Chairperson of the Board. (ii) Term.--A member appointed as Chairperson or Vice-Chairperson under subclause (I) shall serve as Chairperson or Vice- Chairperson for a term of 4 years. (D) Vacancies.-- (i) In general.--A vacancy on the Board of Governors shall be filled in the same manner in which the original appointment was made and shall be subject to any conditions which applied to the original appointment. (ii) Filling unexpired term.--An individual appointed to fill a vacancy shall be appointed for the unexpired term of the members replaced and may be reappointed to serve a full 14-year term. (E) Selection.--The members of the Board of Governors shall be individuals with significant health care expertise, including expertise in clinical health care, health care quality research, public health, health care research, purchaser organizations, rural health care, the uninsured, chronic disease management, long-term care, nursing, primary care, vision care, dental care, mental health care, and health care higher education. (4) Regional boards.-- (A) Establishment.--Not later than 1 year after the appointment of the initial members of the Board of Governors, the Board of Governors shall establish 12 regions of the United States. (B) Regional boards.-- (i) In general.--In each of the 12 regions established under subparagraph (A), there shall be established a Regional Board. Each Regional Board shall be based in a major United States city. (ii) Composition.--Each Regional Board shall be composed of 8 members who shall be-- (I) health care experts; and (II) appointed by the members of the Board of Governors. (iii) Term.--A member of a Regional Board shall be appointed for a term of 8 years. (iv) Duties of regional boards.--Each Regional Board shall provide the Board of Governors with considerations that are relevant to the population served by such Regional Board. (5) Contracting authority.--Subject to the availability of funds, the Board may enter into contracts and make other arrangements, as may be necessary to carry out the duties described in paragraph (2). (6) Staff.--Upon the request of the Board, the President may detail, on a reimbursable basis, any of the personnel of the Department of Health and Human Services, including the National Institutes of Health, the Health Resources and Services Administration, the Agency for Healthcare Quality and Research, and the Centers for Medicare & Medicaid Services, to the Board to assist in carrying out this subsection. (7) Reports to congress.--Not later than 1 year after the establishment of the Board, and annually thereafter, the Board shall submit a report to Congress. Each such report shall include-- (A) an inventory of recommendations for improved coordination and integration of policy and programs; (B) an assessment of achievement of the objectives identified under paragraph (2) and recommendations for realizing such objectives; and (C) recommendations regarding Federal regulations or administrative policies. (b) Appropriation.-- (1) In general.--Out of funds in the Treasury not otherwise appropriated, there are appropriated to carry out this section such sums as may be necessary for the period of fiscal years 2008 through 2012. (2) Availability.--Funds appropriated under paragraph (1) shall remain available for expenditure through fiscal year 2012.

Federal Health Care Board Act of 2007 - Establishes the Federal Health Care Board as an independent agency in the executive branch. Requires the Board to: (1) ensure that Americans have access to health insurance and are provided certain basic facts about health care services prior to receiving care; (2) ensure that providers are delivering safe, evidence-based, high quality care and are transparent about pricing through disclosure of actual costs; (3) demand transparency for disclosure of actual costs and pricing from providers and payers through an information clearinghouse; (4) establish a national standard for a basic health insurance plan (including a basic minimum policy and the regional cost for such policy), a national protocol and standard for secure, universal, and individual electronic medical records, a national standard for public health services (including safety net providers), loan forgiveness and scholarship programs for health care providers who serve in underserved areas, and model dispute resolution procedures for malpractice claims that states may adopt; and (5) monitor progress toward those objectives. Directs the Board's Board of Governors to establish 12 regions of the United States. Establishes in each region a Regional Board, based in a major city, to provide the Board of Governors with considerations that are relevant to their region's population.

A bill to provide for the establishment of the Federal Health Care Board.

AND TERMINATION OF BANK FUNCTIONS. (a) Resolution of Functions.--The Secretary shall-- (1) complete the disposition and resolution of functions of the Bank in accordance with this Act; and (2) resolve all functions that are transferred to the Secretary under section 6(a)(2). (b) Termination of Functions.--All functions that are transferred to the Secretary under section 6(a)(2) shall terminate on the date all obligations of the Bank, and all obligations of others to the Bank, in effect immediately before the abolishment date have been satisfied, as determined by the Secretary. (c) Report to the Congress.--When the Secretary makes the determination described in subsection (b) of this section, the Secretary shall report the determination to the Committees referred to in section 3(b). SEC. 8. DUTIES OF THE SECRETARY OF THE TREASURY. (a) In General.--The Secretary shall be responsible for the implementation of this Act, including-- (1) the administration and dissolution of all functions transferred to the Secretary under section 6(a)(2); (2) the administration and dissolution of any outstanding obligations of the Federal Government under any programs terminated by this Act; and (3) taking such other actions as may be necessary to dissolve any outstanding affairs of the Bank. (b) Delegation of Functions.--The Secretary may take such actions as may be necessary to wind up and dissolve all functions transferred to the Secretary under section 6(a)(2). (c) Rule of Interpretation.--Nothing in this Act may be construed to authorize positions and functions of the Bank after 60 days of abolishment. SEC. 9. CONFORMING AMENDMENTS AND REPEALS. (a) Repeal of Primary Authorizing Statute.--The Export-Import Bank Act of 1945 (12 U.S.C. 635-635i-9) is hereby repealed. (b) Elimination of Related Authorizing Provisions.-- (1) Section 103 of the International Development and Finance Act of 1989 (12 U.S.C. 635 note; Public Law 101-240) is hereby repealed. (2) Section 303 of the Support for East European Democracy (SEED) Act of 1989 (12 U.S.C. 635 note; Public Law 101-179) is hereby repealed. (3) Section 1908 of the Export-Import Bank Act Amendments of 1978 (12 U.S.C. 635a-1) is amended-- (A) by striking ``(a)''; and (B) by striking subsection (b). (4) Sections 1911 and 1912 of the Export-Import Bank Act Amendments of 1978 (12 U.S.C. 635a-2 and 635a-3) are hereby repealed. (5) Section 206 of the Bank Export Services Act (12 U.S.C. 635a-4) is hereby repealed. (6) Sections 1 through 5 of Public Law 90-390 (12 U.S.C. 635j through 635n) are hereby repealed. (7) Sections 641 through 647 of the Trade and Development Enhancement Act of 1983 (12 U.S.C. 635o-635t) are hereby repealed. (8) Section 534 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (12 U.S.C. 635g note; Public Law 101-167) is amended by striking subsection (d). (9) Section 3302 of the Omnibus Trade and Competitiveness Act of 1988 (12 U.S.C. 635i-3 note; Public Law 100-418) is amended by striking subsection (a). (10) Section 1105(a) of title 31, United States Code, is amended by striking paragraph (34) and redesignating the succeeding paragraphs of such section as paragraphs (34) through (38), respectively. (11) Section 9101(3) of title 31, United States Code, is amended by striking subparagraph (C). (c) Elimination of Related Compensation Provisions.-- (1) Position at level iii.--Section 5314 of title 5, United States Code, is amended by striking the following item: ``President of the Export-Import Bank of Washington.''. (2) Positions at level iv.--Section 5315 of title 5, United States Code, is amended-- (A) by striking the following item: ``First Vice President of the Export-Import Bank of Washington.''; and (B) by striking the following item: ``Members, Board of Directors of the Export-Import Bank of Washington.''. (d) Elimination of Office of Inspector General for the Bank.-- Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1), by striking ``the President of the Export-Import Bank;''; and (2) in paragraph (2), by striking ``the Export-Import Bank,''. (e) Effective Date.--The repeals and amendments made by this section shall take effect on the abolishment date. (f) Report to the Congress on Other Amendments to Federal Statute.--The Secretary shall submit to the relevant Committees a written report that contains suggestions for such other amendments to Federal statutes as may be necessary or appropriate as a result of this Act. SEC. 10. REFERENCES. Any reference in any other Federal law, executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this Act-- (1) to the head of such department or office is deemed to refer to the head of the department or office to which the function is transferred; or (2) to such department or office is deemed to refer to the department or office to which the function is transferred. SEC. 11. DEFINITIONS. In this Act: (1) Function.--The term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (2) Office.--The term ``office'' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.

Entering Negotiations to Dissolve Outdated Financial Agencies Nationalizing Export Related Activities or the END OF AN ERA Act This bill directs the Department of the Treasury to seek to enter into negotiations with other countries for the mutual elimination of government-backed export credit agencies. Treasury shall submit: (1) annual reports on progress made in arranging such negotiations, on progress made in any such negotiations, and on whether eliminating the Export-Import Bank of the United States at the time of the report would put the United States at a competitive disadvantage; and (2) a certification of any determination that the Bank can be eliminated in a way that would not put the United States at a competitive disadvantage, considering job losses and a decrease in economic activity. After such a determination is submitted, the Bank may not accept an application for, or enter into a contract that would obligate the Bank to provide, a loan, insurance, or a guarantee or to participate in an extension of credit by another entity. The Bank shall be abolished 180 days after Treasury submits such a certification and its functions transferred to Treasury. All such transferred functions shall terminate on the date all obligations of the Bank, and all obligations of others to the Bank, in effect immediately before the abolishment date have been satisfied. The bill repeals the Export-Import Bank Act of 1945 and eliminates related authorizing provisions of various statutes.

END OF AN ERA Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``QMB Improvement Act of 1998''. SEC. 2. MECHANISM PROMOTING PROVISION OF MEDICARE COST-SHARING ASSISTANCE TO ELIGIBLE LOW-INCOME MEDICARE BENEFICIARIES. (a) In General.--Part A of title XI of the Social Security Act is amended by adding at the end the following: ``promoting provision of medicare cost-sharing assistance under medicaid program for identified low-income medicare beneficiaries ``Sec. 1147. (a) Requirement for Data Match.-- ``(1) Requesting matching information.--The Commissioner of Social Security shall, not less often than annually beginning with 2001, transmit to the Secretary of the Treasury a list of the names and TINs of Medicare beneficiaries (as defined in section 6103(l)(15) of the Internal Revenue Code of 1986) and request that such Secretary disclose to the Secretary of Health and Human Services the information described in subparagraph (A) of such section. ``(2) Specification of income levels.--The Secretary shall specify-- ``(A) the items that will be included in determination of income for purposes of applying this section and section 6103(l)(15)(A)(i) of the Internal Revenue Code of 1986; and ``(B) the levels of such income (based upon a percentage of the Federal poverty guidelines) that individuals may have and qualify for medical assistance under section 1902(a)(10)(E)(i) of the Social Security Act (relating to assistance for Medicare cost-sharing benefits under the Medicaid program). ``(b) Notice to Individuals Identified.-- ``(1) Initial eligibility.--The Secretary promptly shall provide for an appropriate notice to each individual identified under subsection (a) who is described in section 6103(l)(15)(A)(i), of the following: ``(A) Subject to subparagraph (B), the individual is deemed eligible for some form of medical assistance for some Medicare cost-sharing under clause (i) or (iii) of section 1902(a)(10)(E), depending on the individual's level of income. ``(B) By accepting such assistance the individual is obligated to notify the Secretary if the individual is not eligible for such assistance due to-- ``(i) the individual having tax-exempt income; ``(ii) the individual having countable assets in excess of the maximum permissible assets, if the individual resides in a State that imposes an asset test for such eligibility; or ``(iii) the individual otherwise is not eligible for such assistance. ``(C) If the individual accepts such assistance notwithstanding that the individual is not eligible, the individual is liable to the State for the amount of medical assistance provided (with interest). ``(2) Continued eligibility.--The Secretary shall provide for an appropriate notice to each individual identified under subsection (a) who is described in section 6103(l)(15)(A)(ii), of the following: `Unless the individual declines coverage or indicates otherwise, the individual will be enrolled for the appropriate assistance with Medicare cost-sharing under the State plan operated under title XIX for the State in which the individual resides.' ``(c) Notice to State.--In the case of an individual who is identified under this section and resides in a State, the Secretary shall provide for appropriate notice to the State of the individual's eligibility for medical assistance under clause (i) or (iii) of section 1902(a)(10)(E), as the case may be.''. (b) Conforming Amendment to Medicaid Program.--Section 1902 of such Act (42 U.S.C. 1396a) is amended by adding at the end the following: ``(aa) A State shall treat an individual who is identified under section 1147(b) as being eligible for medical assistance under clause (i) or (ii) of subsection (a)(10)(E) as being so eligible, until the Secretary notifies the State otherwise, with respect to medical assistance for items and services furnished on or after the date of the notice.''. (c) Authorization of Disclosure.--Section 6103(l) of the Internal Revenue Code of 1986 (relating to disclosure of returns and return information for purposes other than tax administration) is amended by adding at the end the following new paragraph: ``(15) Disclosure of certain information in order to qualify for medicare cost-sharing assistance.-- ``(A) In general.--The Secretary shall, upon written request from the Commissioner of Social Security, disclose to the Secretary of Health and Human Services, whether with respect to any Medicare beneficiary (as defined in paragraph (12)(E)(i)) identified by the Commissioner-- ``(i) there has not been filed an income tax return for the most recent period for which the Secretary has information; or there has been such a return filed and the amount of the gross income (or the sum of such elements of gross income as the Secretary of Health and Human Services may specify) is below such level (or levels) as such Secretary may specify to carry out section 1147(b) of the Social Security Act, treating the number of dependents as the size of the family involved; and ``(ii) whether, for such an individual who qualified for Medicare cost-sharing assistance described in section 1147 at any time in the previous year, the individual is still described in clause (i). ``(B) Disclosure by health care financing administration.--With respect to information disclosed under subparagraph (A), the Administrator of the Health Care Financing Administration may disclose to the appropriate officials of a State responsible for administration of a State plan under title XIX of the Social Security Act the name, address, and TIN of the preliminary eligibility determination. ``(C) Special rules.-- ``(i) Restrictions on disclosure.-- Information may be disclosed under this paragraph only for purposes of, and to the extent necessary in, determining the extent to which an individual beneficiary is entitled to medical assistance under a State plan under title XIX of the Social Security Act for some or all Medicare cost-sharing. ``(ii) Timely responses to requests.--Any request made under subparagraph (A) shall be complied with as soon as possible but in no event later than 60 days after the date the request was made.''.

QMB Improvement Act of 1998 - Amends part A (General Provisions) of title XI of the Social Security Act (SSA), as well as SSA title XIX (Medicaid) and the Internal Revenue Code, to establish a mechanism for promoting the provision of Medicare cost-sharing assistance under Medicaid to eligible low-income Medicare beneficiaries.

QMB Improvement Act of 1998

SECTION 1. PURPOSES. The purposes of this Act are-- (1) to assist States to-- (A) give children from low-income families the same choices among all elementary and secondary schools and other academic programs as children from wealthier families already have; (B) improve schools and other academic programs by giving parents in low-income families increased consumer power to choose the schools and programs that the parents determine best fit the needs of their children; and (C) more fully engage parents in their children's schooling; and (2) to demonstrate, through a 3-year national grant program, the effects of a voucher program that gives parents in low-income families-- (A) choice among public, private, and religious schools for their children; and (B) access to the same academic options as parents in wealthy families have for their children. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act (other than section 10) $1,800,000,000 for each of fiscal years 2001 through 2004. (b) Evaluation.--There is authorized to be appropriated to carry out section 10 $17,000,000 for fiscal years 2002 through 2005. SEC. 3. PROGRAM AUTHORITY. (a) In General.--The Secretary shall make grants to States, from allotments made under section 4 to enable the States to carry out educational choice programs that provide scholarships, in accordance with this Act. (b) Limit on Federal Administrative Expenditures.--The Secretary may reserve not more than $1,000,000 of the amounts appropriated under section 2(a) for a fiscal year to pay for the costs of administering this Act. SEC. 4. ALLOTMENTS TO STATES. (a) Allotments.--The Secretary shall make the allotments to States in accordance with a formula specified in regulations issued in accordance with subsection (b). The formula shall provide that the Secretary shall allot to each State an amount that bears the same relationship to the amounts appropriated under section 2(a) for a fiscal year (other than funds reserved under section 3(b)) as the number of covered children in the State bears to the number of covered children in all such States. (b) Formula.--Not later than 90 days after the date of enactment of this Act, the Secretary shall issue regulations specifying the formula referred to in subsection (a). (c) Limit on State Administrative Expenditures.--The State may reserve not more than 1 percent of the funds made available through the State allotment to pay for the costs of administering this Act. (d) Definition.--In this section, the term ``covered child'' means a child who is enrolled in a public school (including a charter school) that is an elementary school or secondary school. SEC. 5. ELIGIBLE SCHOOLS. (a) Eligibility.-- (1) In general.--Schools identified by a State under paragraph (2) shall be considered to be eligible schools under this Act. (2) Determination.--Not later than 180 days after the date the Secretary issues regulations under section 4(b), each State shall identify the public elementary schools and secondary schools in the State that are at or below the 25th percentile for academic performance of schools in the State. (b) Performance.--The State shall determine the academic performance of a school under this section based on such criteria as the State may consider to be appropriate. SEC. 6. SCHOLARSHIPS. (a) In General.-- (1) Scholarship awards.--With funds awarded under this Act, each State awarded a grant under this Act shall provide scholarships to the parents of eligible children, in accordance with subsections (b) and (c). The State shall ensure that the scholarships may be redeemed for elementary or secondary education for the children at any of a broad variety of public and private schools, including religious schools, in the State. (2) Scholarship amount.--The amount of each scholarship shall be $2000 per year. (3) Tax exemption.--Scholarships awarded under this Act shall not be considered income of the parents for Federal income tax purposes or for determining eligibility for any other Federal program. (b) Eligible Children.--To be eligible to receive a scholarship under this Act, a child shall be-- (1) a child who is enrolled in a public elementary school or secondary school that is an eligible school; and (2) a member of a family with a family income that is not more than 200 percent of the poverty line. (c) Award Rules.-- (1) Priority.--In providing scholarships under this Act, the State shall provide scholarships for eligible children through a lottery system administered for all eligible schools in the State by the State educational agency. (2) Continuing eligibility.--Each State receiving a grant under this Act to carry out an educational choice program shall provide a scholarship in each year of the program to each child who received a scholarship during the previous year of the program, unless-- (A) the child no longer resides in the area served by an eligible school; (B) the child no longer attends school; (C) the child's family income exceeds, by 20 percent or more, 200 percent of the poverty line; or (D) the child is expelled or convicted of a felony, including felonious drug possession, possession of a weapon on school grounds, or a violent act against an other student or a member of the school's faculty. SEC. 7. USES OF FUNDS. Any scholarship awarded under this Act for a year shall be used-- (1) first, for-- (A) the payment of tuition and fees at the school selected by the parents of the child for whom the scholarship was provided; and (B) the reasonable costs of the child's transportation to the school, if the school is not the school to which the child would be assigned in the absence of a program under this Act; (2) second, if the parents so choose, to obtain supplementary academic services for the child, at a cost of not more than $500, from any provider chosen by the parents, that the State determines is capable of providing such services and has an appropriate refund policy; and (3) finally, for educational programs that help the eligible child achieve high levels of academic excellence in the school attended by the eligible child, if the eligible child chooses to attend a public school. SEC. 8. STATE REQUIREMENT. A State that receives a grant under this Act shall allow lawfully operating public and private elementary schools and secondary schools, including religious schools, if any, serving the area involved to participate in the program. SEC. 9. EFFECT OF PROGRAMS. (a) Title I.--Notwithstanding any other provision of law, if a local educational agency in the State would, in the absence of an educational choice program that is funded under this Act, provide services to a participating eligible child under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), the State shall ensure the provision of such services to such child. (b) Individuals With Disabilities.--Nothing in this Act shall be construed to affect the requirements of part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.). (c) Aid.-- (1) In general.--Scholarships under this Act shall be considered to aid families, not institutions. For purposes of determining Federal assistance under Federal law, a parent's expenditure of scholarship funds under this Act at a school or for supplementary academic services shall not constitute Federal financial aid or assistance to that school or to the provider of supplementary academic services. (2) Supplementary academic services.-- (A) In general.--Notwithstanding paragraph (1), a school or provider of supplementary academic services that receives scholarship funds under this Act shall, as a condition of participation under this Act, comply with the provisions of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). (B) Regulations.--The Secretary shall promulgate regulations to implement the provisions of subparagraph (A), taking into account the purposes of this Act and the nature, variety, and missions of schools and providers that may participate in providing services to children under this Act. (d) Other Federal Funds.--No Federal, State, or local agency may, in any year, take into account Federal funds provided to a State or to the parents of any child under this Act in determining whether to provide any other funds from Federal, State, or local resources, or in determining the amount of such assistance, to such State or to a school attended by such child. (e) No Discretion.--Nothing in this Act shall be construed to authorize the Secretary to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school participating in a program under this Act. SEC. 10. EVALUATION. The Comptroller General of the United States shall conduct an evaluation of the program authorized by this Act. Such evaluation shall, at a minimum-- (1) assess the implementation of educational choice programs assisted under this Act and their effect on participants, schools, and communities in the school districts served, including parental involvement in, and satisfaction with, the program and their children's education; (2) compare the educational achievement of participating eligible children with the educational achievement of similar non-participating children before, during, and after the program; and (3) compare-- (A) the educational achievement of eligible children who use scholarships to attend schools other than the schools the children would attend in the absence of the program; with (B) the educational achievement of children who attend the schools the children would attend in the absence of the program. SEC. 11. ENFORCEMENT. (a) Regulations.--The Secretary shall promulgate regulations to enforce the provisions of this Act. (b) Private Cause.--No provision or requirement of this Act shall be enforced through a private cause of action. SEC. 12. FUNDING. The Committee on Finance and the Committee on Appropriations of the Senate and the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives shall identify wasteful spending (including loopholes to revenue raising tax provisions) by the Federal Government as a means of providing funding for this Act. Not later than 60 days after the date of enactment of this Act, the committees referred to in the preceding sentence shall jointly prepare and submit to the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, a report concerning the spending (and loopholes) identified under such sentence. SEC. 13. DEFINITIONS. In this Act: (1) Charter school.--The term ``charter school'' has the meaning given the term in section 10310 of the Elementary and Secondary Education Act of 1965 (as redesignated in section 3(g) of Public Law 105-278; 112 Stat. 2687). (2) Elementary school; local educational agency; parent; secondary school; state educational agency.--The terms ``elementary school'', ``local educational agency'', ``parent'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (3) Poverty line.--The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (4) Secretary.--The term ``Secretary'' means the Secretary of Education. (5) State.--The term ``State'' means each of the 50 States.

Directs the Secretary of Education to make grants to States for private or public school choice vouchers for children from low-income families who are enrolled in low-performing elementary or secondary public schools.Requires each grantee State to provide scholarships (at $2,000 per year, but with continuing awards) to the parents of eligible children through a lottery system administered for all eligible schools by the State educational agency. Requires that a child eligible for such a scholarship be: (1) enrolled in an eligible public elementary or secondary school; and (2) a member a family with income not more than 200 percent of the poverty line.Allows the use of such funds for: (1) payment of tuition and fees at the school selected by the scholarship child's parents, plus reasonable transportation costs; (2) up to $500 of supplementary academic services, if the parents choose a provider (with an appropriate refund policy) which the State determines capable of rendering such services; and (3) educational programs that help the child achieve high levels of academic excellence, if the child chooses to attend a public school.Requires: (1) a grantee State to allow lawfully operating public and private elementary and secondary schools serving the area involved, including religious schools, to participate in the program; (2) participating schools or providers of supplementary academic services to comply with specified antidiscrimination requirements; and (3) national evaluation of the program by the Comptroller General.Directs specified congressional committees to identify, and report to certain congressional leaders on, wasteful Federal spending (including loopholes to revenue raising tax provisions) as a means of providing funding for this Act.

A bill to provide educational opportunities for disadvantaged children, and for other purposes.

SECTION 1. HOLD-HARMLESS AMOUNTS FOR PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY. Section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) is amended by adding at the end the following new subsections: ``(g) Former Districts.-- ``(1) In general.--Where the school district of any local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of two or more former school districts, such agency may elect (at any time such agency files an application under section 8005) for any fiscal year to have (A) the eligibility of such local educational agency, and (B) the amount which such agency shall be eligible to receive, determined under this section only with respect to such of the former school districts comprising such consolidated school districts as such agency shall designate in such election. ``(2) Eligible local educational agencies.--A local educational agency referred to in paragraph (1) is any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied for and was determined eligible under section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as such section was in effect on September 30, 1994. ``(h) Hold-Harmless Amounts.-- ``(1) In general.--Except as provided in paragraph (2)(A), the total amount that the Secretary shall pay a local educational agency under subsection (b)-- ``(A) for fiscal year 1995 shall not be less than 85 percent of the amount such agency received for fiscal year 1994 under section 2 of the Act of September 30, 1950 (Public Law 874, 81st Congress) as such section was in effect on September 30, 1994; or ``(B) for fiscal year 1996 shall not be less than 85 percent of the amount such agency received for fiscal year 1995 under subsection (b). ``(2) Ratable reductions.--(A)(i) If necessary in order to make payments to local educational agencies in accordance with paragraph (1) for any fiscal year, the Secretary first shall ratably reduce payments under subsection (b) for such year to local educational agencies that do not receive a payment under this subsection for such year. ``(ii) If additional funds become available for making payments under subsection (b) for such year, then payments that were reduced under clause (i) shall be increased on the same basis as such payments were reduced. ``(B)(i) If the sums made available under this title for any fiscal year are insufficient to pay the full amounts that all local educational agencies in all States are eligible to receive under paragraph (1) after the application of subparagraph (A) for such year, then the Secretary shall ratably reduce payments under paragraph (1) to all such agencies for such year. ``(ii) If additional funds become available for making payments under paragraph (1) for such fiscal year, then payments that were reduced under clause (i) shall be increased on the same basis as such payments were reduced.''. SEC. 2. APPLICATIONS FOR INCREASED PAYMENTS. (a) Payments.--Notwithstanding any other provision of law-- (1) the Bonesteel-Fairfax School District Number 26-5, South Dakota, and the Wagner Community School District Number 11-4, South Dakota, shall be eligible to apply for payment for fiscal year 1994 under section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on September 30, 1994); and (2) the Secretary of Education shall use a subgroup of 10 or more generally comparable local educational agencies for the purpose of calculating a payment described in paragraph (1), and the local contribution rate applicable to such payment, for a local educational agency described in such paragraph. (b) Application.--In order to be eligible to receive a payment described in subsection (a), a school district described in such subsection shall apply for such payment within 30 days after the date of enactment of this Act. (c) Construction.--Nothing in this section shall be construed to require a local educational agency that received a payment under section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on September 30, 1994) for fiscal year 1994 to return such payment or a portion of such payment to the Federal Government. SEC. 3. MAXIMUM PAYMENTS. Subparagraph (B) of section 8003(f)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(f)(3)) is amended to read as follows: ``(B) Special rule.--The Secretary shall determine the maximum amount that a local educational agency described in clause (ii) or (iii) of paragraph (2)(A) may receive under this subsection in accordance with the following computations: ``(i) The Secretary shall multiply the average per-pupil expenditure for all States by 0.7, except that such amount may not exceed 125 percent of the average per-pupil expenditure for all local educational agencies in the State. ``(ii) The Secretary shall next multiply the product determined under clause (i) by the number of students who are served by the local educational agency and described in subparagraph (A) or (B) of subsection (a)(1). ``(iii) The Secretary shall next subtract the total amount of payments received by the local educational agency under subsections (b) and (d) for a fiscal year from the amount determined under clause (ii).''. Passed the Senate December 22, 1995. Attest: KELLY D. JOHNSTON, Secretary.

Amends the Elementary and Secondary Education Act of 1965 regarding impact aid payments. Provides hold-harmless payment amounts for impact-aid payments relating to Federal acquisition of real property. Provides that no eligible local educational agency shall receive less than 85 percent of the preceding year's amount in such a payment for any fiscal year. Provides for ratable reductions and increases in certain types of impact-aid payments in specified circumstances. Allows two specified school districts in South Dakota to claim eligibility as heavily-impacted districts for the current year, and amend their applications for increased payments. Revises provisions with respect to maximum payments for certain heavily impacted local educational agencies.

A bill to amend the Impact Aid program to provide for hold-harmless with respect to amounts for payments relating to the Federal acquisition of real property, to permit certain local educational agencies to apply for increased payments for fiscal year 1994 under the Impact Aid program, and to amend the Impact Aid program to make a technical correction with respect to maximum payments for certain heavily impacted local educational agencies.